Posted on September 12, 2017 in Personal Injury

Now that September is here, children in and around Chicago are returning to school. This means that drivers throughout DuPage County will be sharing the road with school buses and young pedestrians who are walking home from school or home from the bus stop. When drivers fail to take precautions near school zones, serious car accidents can happen.

It is extremely important for automobile drivers to be careful in any areas where children might be present and to know the laws surrounding passenger vehicles and school buses.

Millions of Kids Returning to School: What Do You Need to Know About Accident Risks?

According to a fact sheet from the AAA Foundation for Traffic Safety, about 55 million American kids go to K-12 schools, and about 13 percent of those children either walk or ride bikes. That number does not include the millions of kids who rely on school buses for transportation and walk home from bus stops.

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 Posted on September 12, 2017 in Immigration

The Development, Relief and Education for Alien Minors (DREAM) Act has been proposed in Congress several times before 2017, with the most recent being 2011 (though in 2012 President Obama directed his administration to use the criteria contained in the DREAM Act in determining whether or not to deport young undocumented people). On July 20, 2017, it was introduced again, by Sens. Lindsey Graham and Dick Durbin, in a bipartisan initiative, and in a slightly different format than previously proposed.

The Bill

Graham and Durbin, both members of the “Gang of 8” that authored a comprehensive immigration reform bill in 2013 yet never made it out of committee, have made it clear that they believe the best way forward is to explore extending Lawful Permanent Resident (LPR) status to Dreamers (the young people who would be affected by the passage of such a law).

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 Posted on September 12, 2017 in Family Law

Learning that the other parent of your child wants to relocate is a lot like a punch in the gut. Your child, whom you may only see part of the time, could move, perhaps hundreds of miles away. If the relocation is a success, you know that you will see your child less often. The after-school stops for ice cream will end. There will be no more pickups from dance class when your ex-partner is stuck at work. Thankfully, you can attempt to stop a child relocation before it happens. The following information explains further.

An Overview of the Relocation Process

Unless the other parent will be moving a short distance (limits are based on state and county laws), they must notify you, in writing, of their desire to move. Included in their notice should be information on when they intend to relocate, the address to which they are planning to relocate, and the duration of the relocation (some may be temporary). That notice is also filed with the court clerk. If you consent to the move, you can file a response letter with the court, giving the other parent permission to relocate. If you do not consent, you can contest the move, which places the decision in the hands of the court.

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 Posted on September 06, 2017 in Family Law

In divorce, it is not just the assets that are divided. Instead, divorcing couples must also split their debts. With more than 44 million student loan borrowers in the United States, all with a total debt of about $1.4 trillion, you can be sure that, in at least some divorces, there is a distribution of student loan debts. When and how does this happen? How might it impact your Illinois divorce? The following explains, and it provides details on where to find assistance with your case.

Marital versus Non-Marital Student Loan Debt

Like with assets, distribution of debt typically only debts that were acquired during the marriage. As such, student loans that were obtained before marriage are likely to be excluded from the marital estate. It is important to note, however, that student loan debt does not automatically become a part of the marital estate, just because the debt was incurred over the course of the marriage. Instead, there are several factors that may be used to determine whether the student loan debt is a part of the marital estate. These factors include:

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 Posted on September 05, 2017 in Personal Injury

When we think about pedestrian accidents involving a person’s distraction, we often think about distracted driving and make assumptions about a motorist’s behavior behind the wheel. However, as a fact sheet from the American Academy of Orthopaedic Surgeons (AAOS) highlights, distracted walking is a problem, too. To be sure, distracted walking may be a factor in pedestrian accidents involving motor vehicles.

What are the facts you need to know about distracted walking? And when might a jury hold a distracted pedestrian liable for a car accident?

Getting the Facts About Distracted Walking and Auto Accidents

Distracted walking can take many forms, such as talking on a cell phone, texting while walking, listening to music on a smartphone or other mp3 player, or even engaging in conversation with another person. According to Alan Hilibrand, the chair of the AAOS Communications Cabinet an increasing number of people "are falling down stairs, tripping over curbs and other streetscapes and, in many instances, stepping into traffic, causing cuts, bruises, sprains, and fractures.”

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 Posted on September 05, 2017 in Immigration

Not content with arresting nearly 40 percent more immigrants on average since the new administration took office, in July 2017 the Department of Homeland Security and the White House began to investigate the possibility of expanding expedited removals, which would significantly alter the immigration landscape in the United States for a multitude of reasons.

The move would not be without controversy at a political level, but immigrant rights groups are incensed at what they argue would be a near-unlimited authority to arrest anyone without status, regardless of potential extenuating circumstances.

If you are undocumented, being conversant with the nitty-gritty details of the law may at least make your next steps more clear.

History of Expedited Removal

Expedited removal is a process that came into being in 1996, under the Illegal Immigration Reform & Immigrant Responsibility Act (IIRIRA). For its first few years, it was used almost exclusively at the border, only expanding in 2004 when George W. Bush signed orders permitting the procedure’s use within 100 miles of any border. The law also states explicitly that it is to be used only on ‘arriving aliens,’ rather than people who have been in the United States for some time already.

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 Posted on August 23, 2017 in Family Law

In an Illinois divorce, the assets of a couple are valued and then divided equitably. What happens, though, when one of the parties decides they want more than they are entitled to receive in the settlement? In some cases, it could lead to asset hiding. Learn more about the risk of this deceptive practice, including how to tell if you may be at risk and what an experienced divorce lawyer can do to help mitigate against the potential damage.

Disadvantaged Spouses

Disadvantaged spouses are individuals who either do not earn money or have little knowledge of their marital finances. Some are stay-at-home parents or spouses. Others simply choose not to get involved with the financial aspects of their marriage. Regardless of the reason, these spouses are at an increased risk for asset hiding during divorce.

Complex Financial Portfolios

Disadvantaged spouses are not the only ones at risk for asset hiding; those that have a complex financial portfolio have an increased risk as well. What, exactly, constitutes a “complex financial portfolio?” The following marital situations are just a few examples:

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 Posted on August 21, 2017 in Immigration

Ever since 2014’s spike in violence in Central America that led to increased immigration of unaccompanied minors into the United States, U.S. immigration authorities have been at somewhat of a loss in how to appropriately handle the status and the overall needs of these children.

The previous administration created what was colloquially called the “rocket docket,” where unaccompanied minors with sponsors in the U.S. could be processed quickly. However, the current administration rescinded this directive, and may even seek to rescind some previously available protections, which would cause confusion and untold harm to children in this situation.

New Initiative Aims At Parents

On June 29, 2017, Immigration & Customs Enforcement (ICE) announced a new “surge initiative” aimed at adults who paid or helped their children be smuggled into the United States. Ostensibly aimed at curbing human trafficking, the primary aim of the policy has been stated to be arresting parents or other adults who aided in having a child smuggled into the country.

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 Posted on August 21, 2017 in Personal Injury

When a motorist is involved in a highway accident involving a tractor-trailer in DuPage County, there is a high likelihood of serious or fatal injuries. As a fact sheet from the Insurance Institute for Highway Safety (IIHS) explains, large trucks often weigh between 20 and 30 times as much as a passenger vehicle, and they have a greater ground clearance than smaller vehicles. As such, collisions between 18-wheelers and passenger cars are often deadly.

Federal law currently requires large trucks to have rear underride guards to prevent a passenger car from going underneath the truck in the event of a crash. However, these guards are not always enough to prevent serious and fatal injuries.

There may be a new solution to preventing serious and fatal injuries in trucking accidents: side guard rails. According to a recent article in U.S. News & World Report, while rear underride guards may be insufficient when it comes to reducing the risk of a deadly crash, adding a requirement of side guard rails might actually serve such a purpose.

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 Posted on August 16, 2017 in Family Law

In Illinois, divorcing parents must determine the allocation of parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation) will be split among them. Unfortunately, this sensitive matter can create a lot of tension, and parents may struggle to come to an agreement. If this happens, the decision may be left up to a judge. Learn more about how child-related matters are decided upon in an Illinois divorce, and how an experienced attorney can help with your case.

Parents Usually Start with a Parenting Plan

Typically, the first step in determining the allocation of parental responsibilities and parenting time is the completion of a parenting plan. Done either jointly or separately, this plan must be submitted to the court within 120 days of the divorce petition (unless an extension is filed). If parents are unable to agree, they may attend alternative dispute resolution (i.e. mediation) to work out their differences.

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