Posted on September 15, 2015 in Child Support

It is the legally-recognized right of a child in Illinois to expect financial support from both parents, regardless of the relationship between them. It is impossible, of course, to legally mandate a healthy relationship between a child and both parents, but the state does have the ability to enforce orders of child support. If you are like most parents, you are more than willing to help provide for your child and make every effort to remain current on your ordered payments. What happens, though, when life changes make it difficult to meet your support obligations?

Creating the Original Order

In the vast majority of situations, the obligation to pay child support falls upon the parent who is not granted primary physical custody of the child. Illinois law provides a basic formula for calculating child support payments, based primarily on the payor’s net income and the number of children to be supported. Other circumstantial factors can be taken into account, including the resources and income of the custodial parent, as well as the physical, medical, and educational needs of the child.

Continue Reading ››

 Posted on September 10, 2015 in Illinois Criminal Defense Attorney

“Victimless crime” is a common phrase used to rationalize certain illegal behaviors, such as public intoxication and recreational drug use. It implies that no other party was injured or damaged by the activity and, in the minds of certain groups, should be therefore punished less harshly or not at all. While there may be some merit to such an argument, could it possible to commit a crime against yourself? Based on recent case in North Carolina in which a teen girl was charged with sex crimes against herself, the answer seems to be “maybe.”

Teen Sexting

According to a number of recent studies, as many as one in four teens engage in sexting, or sending sexually explicit images electronically to another person. As such, it hardly seemed all that unusual for a 16-year-old Fayetteville, NC, girl to send a nude photo of herself to her boyfriend, also age 16. She was arrested on two counts of sexual exploitation, one for possessing the photo and one for sending it. The warrant for her arrest, reports indicate, listed her as both the suspected adult perpetrator and the minor victim. The boyfriend faced similar charges for possessing the picture she sent, along with several explicit photos of himself. While certain concessions are often made for consent and similarity in age, the local sheriff’s department said, such charges are not often dismissed completely. The case, and others like it around the country raise some very interesting questions about the correlation of technology, social morality, and law enforcement.

Continue Reading ››

 Posted on September 08, 2015 in Divorce

Thanks to legislation passed by the State House and Senate earlier this year and signed by Governor Bruce Rauner in July, divorce laws in Illinois are being rewritten for the first time in nearly 40 years. The legislation took the form of a single bill, introduced as Senate Bill 57 in January, 2015, but its effects will be widespread, impacting a significant number of family law provisions, including those regarding divorce, child custody, and, as discussed on this blog previously, parental relocation. Future posts will address some of the other areas of change, but the amendments to the divorce laws are likely to begin affecting Illinois residents very quickly.

Only No-Fault Divorce

While every state in America currently provides couples the ability to divorce on the “no-fault” grounds of irreconcilable differences, a little less than half still allow divorce on fault grounds as well. Currently, that is the case in Illinois, as an individual may seek a divorce based on the actions or behavior of his or her spouse, including ongoing substance abuse, mental or physical cruelty, abandonment, or adultery. Beginning January 1, 2016, however, fault grounds will no longer be an option. Instead, all divorces will be officially granted on the basis of irreconcilable differences.

Continue Reading ››

 Posted on August 31, 2015 in Criminal Defense

In many high-profile criminal cases, the court of public opinion will decide on a defendant’s guilt long before a trial ever begins. In fact, you can probably think of several examples in which you “knew” a famous suspect was guilty or not guilty of a violent crime simply based your impressions. American society, however, places a great deal of faith in the criminal justice system and, for the most part, if a defendant is convicted in court, the general public tends to believe he or she committed the crime. But what if he or she did not and was convicted anyway? Sadly, wrongful convictions sometimes ruin the lives of innocent people, and some of the reasons behind flawed verdicts may surprise you.

Factors of Wrongful Convictions

A recent study funded by the National Institute of Justice and conducted by a team from American University in Washington, D.C., looked at more than 450 cases to identify the factors that could contribute to a defendant being wrongfully convicted. In each case, the defendant, whether convicted or not, was later found to be factually innocent of the crime of which he or she was accused. The researchers, led by Dr. Jon B. Gould, J.D., director of the Washington Institute for Public and International Affairs Research at American University, compared the cases of wrongful convictions with those in which an innocent suspect was found not guilty or had the charges dismissed.

Continue Reading ››

 Posted on August 27, 2015 in DUI

As summer draws to a close in northern Illinois, law enforcement officials in a number of area municipalities are ramping up safe driving enforcement activities. This comes as part of a nationwide effort to crack down on drunk driving, along with a continued focus on ensuring drivers are using seatbelts. The highly-publicized campaign got underway last weekend and will continue through the Labor Day holiday on September 7.

National DUI Awareness

The National Highway Transportation Safety Administration has invested more than $13 million in advertising and public awareness to spread the word about this focused operation. It comes as part of the NHTSA’s “Drive Sober or Get Pulled Over” campaign, aimed at reducing accidents and injuries related to driving under the influence (DUI) of alcohol or drugs. More than 10,000 local police departments throughout the country are expected to participate in the effort, including many in the Chicagoland region. There is expected to be zero tolerance for driving with blood alcohol content (BAC) above the legal limit of .08 percent. The NHSTA wants you to know that if you drive drunk, you will be arrested.

Continue Reading ››

 Posted on August 25, 2015 in Child Custody

As the primary residential parent, you have taken on a great deal of responsibility for the well-being of your child. In an ideal world, the other parent would remain cooperative in your joint efforts in raising the child, or, at the very least, stay current on child support and exercise visitation rights. Reality, however, is not always ideal, and, in some cases, the best option for you and your child may lie in pursuing opportunities out of town or, sometimes, out of state. If you are already considering such a move, it is important to be aware of changes to parental relocation laws that are set to take effect in January, as the new provisions could greatly impact your necessary steps.

Current Laws Affect Out-Of-State Moves

Existing provisions in Illinois law require you to seek the other parent’s consent if you wish move with your child to a new home outside of the state. Once you have obtained permission, you will need to notify the court overseeing your custody order. If the other parent will not allow the move, you may seek the court’s override, but you will be required to prove that the move is in the best interest of the child and that you are acting in good faith.

Continue Reading ››

 Posted on August 20, 2015 in Illinois law

The latest chapter in the ongoing story to reduce the population of overcrowded Illinois prisons unfolded in a rather anticlimactic fashion last week, as a bipartisan measure to decriminalize minor possession of marijuana was vetoed by Governor Bruce Rauner. Despite his ongoing efforts to help the prison system become effective, Rauner believed that the bill, in its current form, is a little too lenient and that the amount of marijuana to be considered decriminalized needs to be lowered. The governor did indicate, however, that he supports the legislation’s intended goals, but that such changes “must be made carefully and incrementally.”

Goals of the Bipartisan Legistlation

As passed by the House and Senate earlier this year, the proposed law would make possession of up to 15 grams of marijuana a civil offense, similar to a traffic ticket. Rather than facing criminal prosecution, an offender would be required to pay a fine ranging from $55 to $125. The bill also sought to relax the state’s current zero-tolerance law regarding marijuana and driving under the influence. Under current statutes, a driver can be charged with DUI for showing any trace of cannabis in his or her system regardless of impairment or how long ago it was ingested. Lawmakers looked to establish an impairment standard, similar to a blood alcohol content limit, of 15 nanograms of THC per milliliter of blood.

Continue Reading ››

 Posted on August 18, 2015 in Divorce

As a marriage comes to an end and the spouses begin to consider divorce, they must start to identify the property and assets that constitute the marital estate. This is an important part of the process, as a recent post on this blog discussed, because any and all owned property must be classified as a marital or non-marital asset for the purposes of property division. What may be surprising, however, is that property that was once non-marital can become marital property through a process called transmutation, effectively allowing it to be divided in divorce.

What is Non-Marital Property?

The Illinois property division laws provide a pretty clear description of assets that are considered to be non-marital. As you might expect, property that was acquired before the marriage—and not obtained “in anticipation” of marriage—is not a marital asset. In addition, non-marital property also included assets acquired after the marriage by means of:

Continue Reading ››

 Posted on August 11, 2015 in Divorce

Despite becoming a colloquial cliché, your ex-spouse will not necessarily get half of everything after divorce—not in Illinois, anyway. Instead, property division laws in Illinois are based on the principle of equitable distribution, a concept much more complex than adding up assets, subtracting debts, and splitting the result down the middle. Equitable distribution requires a couple—and the court, if necessary—to divide the marital estate in a manner that is fair, just, and accounts for each partner’s contribution to the marriage.

What is the Marital Estate?

The first consideration in the division of property process for a divorcing couple is to determine the assets and debts that are to be allocated. According to Illinois law, the marital estate includes any property acquired by either spouse during the course of the marriage, with very few exceptions. Gifts and inheritances to a particular spouse are not considered to be marital property, nor are property and proceeds generated by the use or sale of such gift or property. Likewise, property owned previous to the marriage and proceeds generated by it are not marital assets either.

Continue Reading ››

 Posted on July 30, 2015 in Illinois Criminal Defense Attorney

Being arrested for a crime can be a very frightening experience, especially if it has never happened to you before. It is easy to get caught up in trying to protect yourself by simply agreeing to any requests by the arresting officer, including searches of your property that might otherwise require a warrant. While becoming confrontational with law enforcement is not likely to be in your best interest, knowing your rights certainly is. Any violation of your rights could result in the charges against you being dismissed completely, which, as of last year, includes a warrantless search of your cell phone.

Search of Your Person

When you are arrested or detained, an arresting officer is permitted to conduct a search of your person for items that would present a danger both to him or her and to yourself. The search is also designed to prevent the destruction of evidence currently on your person, including controlled substances, drug paraphernalia, or other proof of criminal activity. Last summer, however, the United States Supreme Court declined to extend permission to the search of electronic devices, ruling instead that a warrant based on probable cause is required first.

Continue Reading ››