Posted on August 31, 2024 in Divorce

Divorce issues, including spousal support, are usually complex and emotional. When you add a non-citizen spouse into the mix, the complexities can grow exponentially. Green card holders are immigrants to America who have permanent residence status rather than full American citizenship. This status is usually obtained through marriage to a U.S. citizen.

Few U.S. citizens who marry a non-citizen fully understand the long-term implications of signing a USCIS Form I-864, also known as an Affidavit of Support. Once signed, the I-864 form creates a sponsor obligation that requires the U.S. citizen to annually support the immigrant at an amount equal to 125 percent of the U.S. Poverty Guidelines.

The sponsor/spouse must continue to support the non-citizen spouse until he or she becomes a U.S. citizen, permanently leaves the United States, earns 40 work quarters (10 years) credited to Social Security, or dies. You may have noticed that divorce is not on the list. So, does this mean that when a U.S. Citizen divorces a spouse who has permanent residence status, the immigrant spouse will have to be supported…forever?

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 Posted on August 31, 2024 in Divorce

There are plenty of things parents disagree about during a divorce, and child custody is certainly at the top of the list. In the state of Illinois, child custody is now referred to as the allocation of parental responsibilities. Judges make custody and pargeting time decisions based on the best interests of the child. Regardless of what the parents want or need, the best interests of the child always take precedence.

What happens when the best interests of the child and the rights of the parent collide? Perhaps the parents have different religions with vastly different beliefs, or one is very religious while the other is an atheist. If each parent is adamant that the child be raised according to his or her own beliefs, how will a judge make this determination? While the parents' religious beliefs will not determine custody, they could have some influence over custody decisions. 

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 Posted on August 15, 2024 in Family Law

Only five states allow civil unions: Colorado, Hawaii, Illinois, Vermont, and New Jersey. Because civil unions are relatively rare, few people understand what they are and why someone would choose one over a more traditional marriage. While both marriage and a civil union provide legal protections and can signify commitment between two adults, there are some important distinctions between the two.

Read about the differences below, then speak to an experiencedfamily law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. (MKFM Law), to delve further into the issue. Whether you decide to enter into a traditional marriage or a civil union with your partner, having a knowledgeable St. Charles, IL family law attorney helping you with such an important decision is essential.

What is a Civil Union?

Civil unions have been allowed in the state of Illinois since 2011. Initially, civil unions provided an option for same-sex couples who wanted their relationship to be protected under state law. After the 2015 Supreme Court ruling of Obergefell v. Hodges, which made same-sex marriage legal across the United States, civil unions are still implemented for various reasons. Those entering into a civil union must be at least 18 years of age and can be the same sex or opposite sex.

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 Posted on August 15, 2024 in Family Law

Division of assets, spousal support, allocation of parental responsibility, and determination of child support are all potential areas of contention in a divorce. Despite the fact that child support is determined based on a specific formula, the parent paying child support often feels like the amount is unfair, while the parent receiving child support may feel as though it is insufficient for the actual needs of the child. When a divorce is reaching the child support determination phase, both parents will need to provide accurate financial records so a proper amount can be determined.

Although this sounds fairly straightforward, some parents may try to manipulate their financial records so they will not be required to pay as much. Some people have even been known to quit a good job so their income will be lower, resulting in lower child support payments. Whether you are in the process of determining child support or you are considering returning to court to attempt to have the amount of child support changed, having an experienced Wheaton, IL, child support attorney by your side can make the process simpler while achieving the best possible outcome.

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 Posted on July 29, 2024 in Kane

There are numerous legal and financial considerations that need to be addressed during a divorce, particularly when children are involved. Child support orders are put in place to ensure that parents share the costs of raising their children.

However, in addition to the support paid while children are minors, parents may also be required to provide assistance as a child pursues a college education after graduating from high school. Illinois law provides guidance on how college expenses may be divided between divorced parents. An experienced attorney can help parents understand these provisions and determine their financial responsibilities during and after divorce.

Illinois Law on College Expenses After Divorce

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts have the authority to order divorced parents to contribute to their children's college expenses. This is one form of what is known as "non-minor support." The types of expenses that may be addressed as children pursue a college education include:

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 Posted on July 29, 2024 in Main

 While awareness about the need to address sexual harassment in the workplace has increased over the past few decades, sexual harassment continues to affect people in many industries. People who experience sexual harassment may suffer from emotional trauma and other issues affecting their job performance, and they may also experience retaliation after reporting harassment to their employers.

If you are experiencing sexual harassment at work, documenting the harassment, its effects, and the company's response is crucial, since it can help you build a strong case for compensation for the harm you have suffered. An experienced employment litigation attorney can help you understand your rights and options and can work with you to take action against the person who committed the harassment and/or your employer.

The Importance of Documenting Sexual Harassment

By gathering evidence related to workplace sexual harassment, you can demonstrate that you have experienced harm due to inappropriate behavior by a fellow employee or a manager or supervisor. Detailed records can show a pattern of behavior while also detailing how your employer responded to reports of sexual harassment. This can also help protect you from retaliation by demonstrating that actions taken against you by your employer were done in retaliation for complaining about sexual harassment.

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 Posted on July 29, 2024 in Main

During a couple's marriage, financial decisions and planning can play a significant role in maintaining a harmonious relationship. When planning for the future, it can be beneficial for spouses to consider what might happen if their marriage were to end. Since a potential divorce could completely upend a family's financial situation, making decisions about how various issues will be handled ahead of time can provide both spouses with assurance that they will be able to meet their needs.

A postnuptial agreement can be a valuable tool, since it can allow spouses to clearly define their financial rights and responsibilities. It can also determine how various matters will be handled if the couple chooses to get divorced or legally separated. A couple can create a postnuptial agreement at any time after they get married, and an experienced attorney can help draft and negotiate terms that will help protect the needs of their client.

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 Posted on July 10, 2024 in Main

Employees in many different workplaces experience sexual harassment. Sexual Harassment is an especially common issue in bars and restaurants. To ensure that employees are protected, Illinois law has created specific requirements that apply to these establishments.

Employees who have experienced sexual harassment need to understand their rights and options for addressing situations where employers failed to address sexual harassment correctly. An experienced Illinois sexual harassment attorney can help restaurant or bar employees seek justice for the ways they have been negatively affected by sexual harassment.

Requirements for Bars and Restaurants Under Illinois Law

Under the Illinois Human Rights Act, bars and restaurants are required to take certain steps to prevent sexual harassment towards employees. Employers must have a written sexual harassment policy and distribute it to all employees. The policy must include:

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 Posted on July 10, 2024 in Main

If you are planning to get a divorce, you may be worried that conflict with your spouse could lead to a long, drawn-out, expensive process as you work to resolve issues related to your finances, your children, and other aspects of your marriage. However, if you are looking to complete your divorce expeditiously and efficiently while minimizing conflict, mediation may be the best approach.

During mediation, you and your spouse can work together to resolve divorce-related issues amicably with the help of a neutral third party. As you prepare for mediation, it is helpful to understand what you can do to protect your interests and ensure that you will be able to resolve issues successfully. An experienced attorney can help you navigate this process and ensure that you will be able to negotiate a settlement that meets your needs.

Understanding the Issues Addressed During Mediation

As you and your spouse work to create a divorce settlement during mediation, you may need to address matters such as:

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 Posted on June 26, 2024 in Kane

When parents choose to get a divorce, they need to address a number of legal issues related to their children. As they make decisions and resolve disputes related to the allocation of parental responsibilities and parenting time, they will create a parenting plan that will dictate how these matters will be handled going forward

Understanding the role that a parenting plan plays in a divorce, the terms that need to be included, and the ways child-related disputes may be resolved ensures that parents are prepared to make decisions that protect their children's best interests. An experienced attorney can provide invaluable guidance during this process, working to negotiate agreements while protecting a parent's rights.

Understanding Parenting Plans

A parenting plan is a written agreement that specifies how divorced or separated parents will share parental responsibilities and how parenting time with children will be divided. A well-crafted agreement can serve as a roadmap for co-parenting, and it can help minimize conflicts by clearly defining each parent's roles and obligations. In Illinois, a parenting plan is a critical component of the divorce process when children are involved, and it must be filed with the court for approval.

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