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dupage county parenting time lawyerParents who are divorced, separated, or never married often struggle with the limited time they get to spend with their kids. Missed holidays and big chunks of summer vacations can be tough, but so can the basic, everyday interactions that parents miss out on when their children are with their other parent. 

Illinois allows parents to potentially resolve this issue by putting a creative section in their parenting plan called “the right of first refusal.” If you and your spouse get along fairly well and you are hoping to spend more time with your children, read on to find out how having this clause could benefit you. 

Right of First Refusal and Illinois Parenting Plans

The right of first refusal is a legal term that simply describes an arrangement wherein parents seek supplemental childcare from each other before they hire a babysitter or ask a family member. Parents who want the right of first refusal can make the clause as flexible as they want; if they live close to each other and can engage in frequent childcare transactions without conflict, they may want to require the right of first refusal every time a parent has to leave the children for more than a few hours. Parents who live several hours from each other or across the border in another state may only want to include the right of first refusal when a parent is gone overnight. Whatever the arrangement may be, as long as parents both agree to abide by the terms, a judge will likely approve it. 

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dupage county sexual harassment lawyerNearly one in three women will be sexually harassed at work, and although workplace sexual harassment tends to affect women more often than men, men can be victims, too. Reporting sexual harassment is rarely easy and straightforward, and it can become even more complicated when power dynamics are at play. If you are being harassed at work, it is important to know your rights, as well as the potential consequences you could suffer if you do not take action to stop the sexual harassment.  

How Are Victims of Sexual Harassment Affected? 

In addition to the embarrassment and awkwardness of dealing with sexual harassment in the moment, sexually harassing actions can leave the victim feeling terrible for days, weeks, and even months afterward. Some of the physical and psychological side effects that victims report after being sexually harassed at work include, but are not limited to: 

  • Nausea
  • Weight loss or gain
  • Depression
  • Anxiety
  • Headaches
  • Sleep disorders 
  • Sexual dysfunction 

Even people who consider themselves strong and resilient may be surprised by how poorly they feel after being harassed at work. There is no shame in admitting that a hostile workplace environment leaves you feeling shaky, anxious, or even fearful about going into work and facing the person who harasses you. You may also feel anger at people who observe the sexual harassment without intervening, or for coworkers you speak to about the behavior who fail to stand up for you.

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wheaton child support lawyerEvery child deserves to have a safe, comfortable home in which to grow up. When parents get divorced, one of the court’s main duties is to make decisions that will benefit the children of the marriage. Often, this means that one of the spouses will be compelled to make child support payments to the other in order to help them raise the children.  

When Is Child Support Awarded? 

Child support is almost universally granted to one of the spouses during a divorce that involves the parents of minor children. Illinois courts base their child support decisions on an “income shares” model. This model considers both parents’ incomes and the number of children, as well as the amount of parenting time each parent has. The amount of child support is based on an estimation of the total cost of raising the child. This cost is then equitably divided between the parents based on each of their respective net incomes. The parent with more parenting time will usually receive the support payments.  

Can I Appeal a Child Support Order? 

If you believe that a mistake was made when the court awarded child support, you have the right to appeal the decision. However, a person ordered to pay child support cannot appeal the decision just because they do not like the result. In order to appeal a child support order, a petitioner must have legal grounds to do so. For example, if you believe that insufficient evidence or prejudice played a role in the ruling, you may benefit from appealing the decision.  

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dupage county sexual harassment lawyerAlthough students are often the focus of sexually harassing behavior on Illinois’ university campuses, the truth is that employees of a university may be subject to sexually harassing behaviors as well. Studies on the subject show that universities tend not to screen applicants for histories of sexual harassment or prior misconduct, potentially leading to hiring employees with a clear tendency towards sexually predatory behavior. Such behaviors could come from fellow employees, department managers, or even bold students. Sex-based discrimination may also be more subtle, such as being passed up on a promotion because you are pregnant or might become pregnant. 

University employees who are being sexually harassed or discriminated against because of their sex may wonder whether they should file a complaint under Illinois’ laws or a Title IX complaint.

Illinois Has Laws Against Sexual Harassment

Although Title IX may be a valuable resource for stusdents who are not protected under Illinois sexual harassment laws, Title IX investigations are not subject to the same rigorous, standardized procedural processes as criminal and civil procedures under Illinois law. You may not get the investigation or adjudication you want if a sexual harassment case is handled internally through a university’s Title IX administrators. You may not necessarily be able to have an attorney, bring witnesses, or have other evidentiary rules to your advantage in a university’s Title IX hearings. 

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kane county divorce lawyerSame-sex marriage has been legal in Illinois for nearly 10 years, letting Illinoisans of every orientation pursue a legally recognized relationship with the person they love, including the traditional financial and governmental benefits of marriage. Unfortunately, LGBTQ individuals’ relationships are susceptible to the same shortcomings and downfalls as their heterosexual peers’, meaning gay, lesbian, bisexual, transgender, and queer spouses may need to dissolve their marriages through a divorce as well. 

Fortunately, LGBTQ divorces are managed in nearly the same way as heterosexual marriages, meaning that the pathway through divorce is usually clear. Here are some answers to common questions about LGBTQ divorces in Illinois. 

Can We Get Divorced in Illinois if We Got Married Somewhere Else? 

Yes. Marriages are federally recognized, and LGBTQ people can get divorced in any state as long as they meet that state’s residency requirements and are legally married in any other state. 

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree