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DuPage County spousal maintenance lawyerIn the state of Illinois, family law encompasses a wide range of legal matters related to marriage, divorcechild custody, and other related concerns. Financial issues will be some of the most important aspects of many divorce cases, and in some situations, one spouse may believe that they should receive alimony payments from their former partner. Alimony is known as spousal maintenance under Illinois family law, and it will typically consist of monthly payments made for a certain period of time after the end of a couple’s marriage. When determining how to address maintenance during your divorce, an experienced attorney can provide guidance on how Illinois law will apply in your situation.

Understanding Maintenance in Illinois

Maintenance is not automatically granted in every divorce case in Illinois. The purpose is to ensure that both spouses will have sufficient financial resources to meet their ongoing needs and maintain a standard of living that is close to what they enjoyed while they were married. A person who requests spousal maintenance from their former partner will typically need to demonstrate that ongoing support is needed to ensure that they can cover ongoing expenses and avoid financial difficulties. 

A family court judge may consider various factors before awarding maintenance, including:

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Illinois sexual harassmentSexual harassment is a prevalent issue in many industries. It can affect a person’s ability to perform work-related duties, and it can also cause a great deal of emotional and psychological distress. Sexual harassment by a supervisor or a person in a position of authority can also affect a person’s career, especially if they experience retaliation for reporting inappropriate behavior. If you have experienced sexual harassment, it is important to know your rights and take appropriate action. However, there are certain things that you should avoid doing in order to protect yourself and ensure the best possible outcome for your case. With the help of an attorney, you can determine your best options, and you can take steps to protect your rights and interests.

Some things you should not do if you have been the victim of workplace sexual harassment include:

Delaying Reporting Incidents of Harassment

One of the biggest mistakes people make after experiencing sexual harassment is failing to report incidents in a timely fashion. It is crucial to report any form of harassment as soon as possible so that proper investigations can be conducted, and evidence can be preserved. Reporting sexual harassment via e-mail to your company’s human resources department or a supervisor or manager can ensure that proper steps will be taken to prevent sexual harassment in the future. Waiting too long may weaken your case or even result in a loss of legal options due to statutes of limitations.

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Illinois child supportChild support is a crucial issue in many divorce and family law cases. It helps ensure that children's financial needs will be met after their parents separate. In the state of Illinois, child support orders are designed to address various expenses related to raising children. To understand what considerations may affect the calculation of child support and what expenses will need to be addressed, a parent can work with an attorney who has experience representing clients in family law cases.

Determining Child Support in Illinois

In Illinois, child support determinations are made based on what is known as an “income shares” model. The calculation of child support obligations will take both parents' incomes into account, and the costs involved in raising children will be divided proportionally between the parents based on their respective levels of income. In many cases, the parent who has the majority of the parenting time will receive child support payments from the other parent. However, in cases where parents share equal or near-equal amounts of parenting time, or have at least 146 overnights, additional calculations are required to divide child support obligations based on the amount of overnight time children spend with each parent. 

Courts may consider several factors when calculating child support, including:

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Illinois paternityIn some family law cases, establishing paternity is a critical step that will protect the legal rights of parents and ensure that child custody issues can be handled correctly by parents. Paternity refers to the legal recognition of someone as the father of a child. It is important for both mothers and fathers to understand when it is necessary to establish paternity in order to protect their interests and secure the best possible outcome for their children. When addressing issues related to paternity and child custody, it is important to work with an attorney who can provide guidance on how to handle these concerns and legal representation in any court proceedings that may be necessary.

The Importance of Paternity

Establishing paternity provides numerous benefits for both parents and children. Some of these benefits include:

  • Legal rights: Once paternity is established, both parents will have legal rights and responsibilities toward their child. A father who is recognized as a child’s legal parent will have the right to reasonable visitation or parenting time, and he may also share decision-making authority regarding the child's upbringing. Parents will also be able to access a child’s medical and school records, and the child will have inheritance rights following the death of either parent.
  • Financial support: After paternity is established, both parents will be required to provide financial support for the child. When addressing issues related to child custody, child support orders can be put in place so that the child’s ongoing needs will be met.
  • Health history: Children have a right to know about their genetic background, including potential health issues inherited from either parent. A legal relationship with a parent will allow a child to access family medical history, which can ensure that they will be able to receive the proper medical treatment when necessary.
  • Social Security benefits: In cases where one parent passes away or becomes disabled, a child may receive Social Security benefits through that parent. Establishing paternity will ensure that the child will be able to access these benefits when necessary.

Paternity Laws in Illinois

In Illinois law, there are two primary ways to establish paternity:

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Industries with most sexual harassmentSexual harassment is a pervasive issue that affects people in many different industries. It can have devastating effects on victims, leading to emotional distress, career setbacks, and even physical harm. While sexual harassment can occur in any workplace, there are some industries that have higher rates of harassment. Workers who have experienced sexual harassment will need to understand their legal options for addressing this issue, and they can do so with the help of an attorney who has experience in these types of cases.

Industries where sexual harassment is especially prevalent include:

The Hospitality Industry

Employees frequently interact with customers in settings such as hotels, restaurants, bars, and resorts. The customer-facing nature of this type of work can expose people to a higher risk of sexual harassment from both guests and colleagues. The fast-paced nature of these environments may also contribute to a lack of oversight or accountability. Many of these jobs are low-paying, and they are more likely to be held by women. Workers may be at risk of sexual harassment due to power imbalances and the need to rely on tips to earn income.

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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