Arlington Heights, IL 60005
Recent Blog Posts
New Guidelines for Calculating Spousal Maintenance after Divorce
Ending a marriage, regardless of the reason, creates a variety of challenges for both partners as they move forward into the post-divorce period of their lives. In addition to finding a new place to live and other day-to-day concerns, spouses must often reestablish themselves as self-sufficient individuals, no longer reliant on the cooperation a marital partner. For many, the circumstances of the marriage and subsequent family life can make it difficult for one of the spouses to transition into self-sufficiency quickly. Spousal maintenance, or alimony, may be necessary to support a spouse in such a situation so as to reduce unnecessary hardship that may have resulted from the divorce.
New for 2015
Late last summer, Illinois lawmakers passed legislation that addressed what many considered a glaring need regarding spousal maintenance awards. For many years, family and divorce courts in the state were granted full discretion over every aspect of spousal support orders, including when they were necessary, how much was to be paid and for how long. Individual judges ordered what he or she felt was appropriate for each case, resulting in very unpredictable awards, the details of which depending very heavily on which judge was assigned to the case.
Tips For Child Support Modifications
There may be circumstances in which you may need to seek modifications you’re your child support. While a modification may not be easy to get approved, there are circumstances that may be substantial enough to get approved:
- The paying parent lost their job or received a decrease in income
- The receiving parent has received a significant increase in their income
- In the event that either parent gets married
- If a child has reached the age of 18
- In the event that a child develops special needs or required medical care
In order to better handle a child support modification, here are a few tips to keep in mind:
Act in a timely manner. In the event that you lose your job or cannot afford to pay your current required child support, it is critical to immediately take the necessary steps for a child support modification, especially since you will continue to owe your current amount until your modification has been approved.
Should I Hire An Attorney For My DUI?
While there are circumstances in which a DUI defense attorney may not be necessary, there are several occasions in which they will play a crucial role.
When To Hire A DUI Attorney:
- If you have had more than one DUI.
- If your Blood Alcohol Content level (BAC) is double the limit.
- If your DUI arrest was due to an accident.
- If any injuries or deaths resulted of your DUI.
- If you rely on your driver’s license for employment.
- If you do not understand your state’s DUI laws.
- If you are worried about the outcome or the consequences you may face.
- If you are concerned about a misdemeanor conviction.
- If you are concerned with a DUI being on your record.
What Will An Attorney Do?
First and foremost, a DUI attorney will determine how to get your DUI to minimally impact you and your life. They will assess your particular case, and help you to understand the consequences that may be involved, such as probation, minor penalties, big fines, or jail time. A DUI attorney can also help in handling any required forms that need to be completed, making any necessary phone calls, or representing you when needed. An experienced DUI attorney also knows specific laws, as well as the ins and outs of the court process, which can help to determine which argument will help you and your particular case. In the event that you are facing a sentence, an attorney can help in making a plea or sentence bargain.
Most Common Child Custody Myths
While divorce is difficult for all people involved, child custody can be even harder, especially on the children. Often times, parents find themselves making assumptions on what to expect from their child custody hearing, which can cause a potential rift in the process, making things even more emotional. Here are several myths when it comes to child custody:
Mothers are more likely to be awarded custody. Since times have changed, most judges are favoring joint custody, or whatever is in the best interest of the child or children involved, which means that if this with the father, then the father will most likely receive full custody.
Children can decide who they want to have custody. While the judge may listen to and take into consideration what an older child’s wishes may be, he or she will not base their ruling on the child’s choice. It is important to not press the judge to make their decision based on your child’s wishes, since this will not make a very good impression on you or for your case.
Tips For Handling Stress With Your Divorce
Divorce can bring on a variety or negative and emotional issues. While it is not an easy thing to cope with, there are several things you can do to handle the stress related to a divorce.
Manage your emotional needs. It is important to talk to someone who understands what you are going through. Often times, a support group is a good place to find the support you may need, with the ability to share your feeling with people who can relate. It may also be to your advantage to seek the help from a counselor. They too can help to give you the emotional support you may need.
Do not worry about things that are out of your control. By dwelling on things that you cannot control, you are only increasing your stress and anxiety levels. By letting these things go, you can focus on moving on.
Think through any decisions you need to make. While there may be times after a divorce that may need immediate decisions, it is important to think any of these decisions through, weighing all options and consequences, as well as avoiding making any unnecessary or rash decisions.
The Benefits Of An Uncontested Divorce
Divorce can be a very difficult and trying time for all parties involved. Often times, this plays a key role in determining what type of divorce each person would like to pursue.
While it is not often that both parties are in total agreement when it comes to their divorce conditions, child custody, and division of assets, these issues may need to be resolved by mediation or with a contested court hearing.
However, there are situations in which both parties are in full agreement, and do not want to put themselves through the emotional and physical toll a contested divorce can cause. With an uncontested divorce, this can be achieved.
Here are some of the benefits of an uncontested divorce:
- An uncontested divorce involves less paperwork, since both parties are essentially agreeing to the terms of the divorce.
- An uncontested divorce involves less time and can be completed without the need of divorce proceedings and court hearings.
How Social Media Affects A Divorce
Social media has become a huge part daily life for millions of Americans. People go to social media outlets such as Facebook, Twitter, Instagram & more to tell others about what is going on in their lives, and do it without thinking the potential consequences. Many people who find themselves going through a divorce, find that social media activity might affect the outcome of the case.
With all of out divorce clients, we try to educate them on how their Internet postings might affect things such as child custody to property division to child support. Then, depending on each client case, we are able to present social media evidence that is favorable to our client and defend against such evidence when it is presented by his or her spouse.
In some situations postings can contain words that can be interpreted as threats of domestic violence. In other situations, someone who has been arguing that he or she cannot afford to pay child support or alimony suddenly posts pictures of himself or herself on vacation, a large expenditure that shows the person is far from broke.
Avoiding A DUI During The Holidays
The holidays are rapidly approaching, and with it come plenty of opportunities to celebrate with good cheer. However, this is the time of year when most DUI’s will occur. In efforts to help you avoid a DUI during the holidays, be sure to follow your common sense, and keep these things in mind:
- Do not drink and drive. It’s as simple as this. However, if you do feel the need to have a drink, be sure to be smart about your consumption and use common sense. If you have too much to drink, call a cab, stay the night, or have a designated driver take you home.
- Do not rely on alcohol detection devices. Technology such as portable breath testing devices (PBT) and evidential breath testers (EBT) are not a reliable way to determine you intoxication level since they are all flawed in some way.
- Do not go by the “one drink an hour” rule. Not everyone can tolerate alcohol the same way. One’s alcohol metabolism depends on variables such as body weight, food content, hydration level, and gender, which is different for everyone.
Tips For Divorced Parents On How To Handle The Holidays
The holidays are right around the corner, which can be special time of year. However, there are many families that have a difficult time during this special time of year, especially when they are in a new position, as they may be with a divorce or separation.
Here are some tips for parents on how to handle the holidays, making it more enjoyable for you and your children:
- Avoid arguments. Whether it may be about with whom you child is spending the holidays, or an argument for any other reason, it is critical to ensure that you are avoiding these arguments at all costs. This will help to keep your child at ease and decrease any tensions that there may be.
- Be flexible. Things don’t always happen the way we want them to, especially during the holidays. If plans do change, be sure to be open to these changes and be accommodating to your child’s needs.
- Keep your child informed. One of the best ways to communicate with your child is by keeping open line of communication. Keep them involved and informed in your, and their plans.
Understanding The Penalties For Underage DUI’s In Illinois
This time of year often brings home many college students, as well as lots of holiday parties. With this brings more opportunities for young adults to fall victim to underage DUI’s.
With the legal drinking age being 21 in the state of Illinois, any person who consumes alcohol under the age of 21 is illegal. However, in the state of Illinois, there are exceptions to this rule. These exceptions are: if alcohol is being consumed for religious reasons, and if alcohol is being consumed on private property and under the consent of a legal guardian.
Since Illinois is a zero tolerance state, if an individual that is underage is determined to have a Blood Alcohol Content (BAC) level of 0.00% or higher, then they will be charged with driving under the influence (DUI).
Below are the penalties that you may face if you are charged with an underage DUI:
1st Conviction
- If BAC is between 0.00% and 0.08%, there is a 3-month suspension of your driver’s license.