Posted on January 12, 2017 in Family Law

Divorce and other domestic matters, such as requests for parenting time and/or allocation of parental responsibilities for a child born to non-married couples, are emotionally charged and complex matters. As such, they are often difficult to navigate, even for those that wish to resolve matters amicably. Illinois family law courts understand this and have provisions in place to help families work through their domestic disputes. Learn more about guardians ad litem and other court-appointed mediators, including what they do and why you might need one, with help from the following information.

Guardians ad Litem

In family courts, guardians ad litem are appointed to protect the best interests of a child. They are often used when parents are unable to reach an agreement over the allocation of parental responsibilities and/or parenting time. They may also be used if there are concerns over neglect or abuse of the child. Much of what they do is investigation work - they examine the life of each parent, home, and support system. They often speak with the child and may even do surprise home inspections. They then present their information to the court so that the judge can make determination over the child’s placement.

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 Posted on January 10, 2017 in Personal Injury

Slips and falls are what lawyers call the types of cases involving an individual who falls and injures him or herself at another’s property. This type of accident can cause serious injury, and in many cases, the accident victim is not at fault. Rather, the property owner has created a dangerous condition in some manner and can be liable for paying for the victim’s medical bills and/or pain and suffering.

Common causes of conditions where property owners may be liable include:

• Failure to clean up spills or leaks;
• Failure to post signage on recently mopped floors;
• Failure to have proper railing; and
• Failure to have grip slips on stairs or ramps.

Whether you have a valid slip-and-fall case hinges on two questions:

1. What made you fall?
2. How did that object or situation appear?

What Made You Fall?

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 Posted on January 10, 2017 in Immigration

If you are a non-citizen in the United States, you must be extra careful to obey the law. If you wind up facing criminal charges, you can face not only criminal penalties, but you may also wind up in removal proceedings or unilaterally deemed deportable. Knowing the relationship between criminal law and immigration law may save you time and trouble, depending on the nature of your case.

Aggravated Felony

An aggravated felony used to mean a very specific couple of offenses, but the list has expanded over the years. At this point, it may be easier to define what is not an aggravated felony, rather than what is one. The general rule is that an aggravated felony is a criminal offense that involves dishonesty or fraud, but in reality, almost every crime under the sun can be an aggravated felony depending on the situation.

If you have been convicted of a crime, it does not need to be a felony for it to carry immigration consequences. Misdemeanors can be aggravated felonies under immigration law, because in that case the word ‘felony’ is used to illustrate that it is a serious offense. However, this word choice confuses many plaintiffs every day. Being convicted of an aggravated felony essentially bars you from claiming any type of immigration relief, though it should be noted that there are exceptions.

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 Posted on January 03, 2017 in Immigration

Deferred Action for Childhood Arrivals (DACA) is a program started in 2012 by the Obama administration. It applies to certain individuals who immigrated to the U.S. as children, and extends lawful status (not necessarily lawful presence) to those who meet the requirements. However, as of this writing, the program faces cancellation, as a new administration will take office in January 2017, and they have made mention of curtailing the amnesties or temporary assistance granted to undocumented immigrants.

The Program

DACA sets out a series of requirements that must be met in order for a person to be eligible for deferred action. The primary requirement is that the person requesting must have been between the ages of 15 and 31 on June 15, 2012 (the date that DACA was implemented), but there are some others. They include:

• Coming to the United States before the age of 16;
• Continuously residing in the U.S. since June 15, 2007;

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 Posted on January 03, 2017 in Personal Injury

Semi-trucks are a major threat on the road. These trucks can weigh up to 80,000 pounds. Passenger cars that are hit by trucks are no match for the size and weight of a semi-truck. Truck accidents can also cause serious injuries to those in passenger cars.

The four most common types of truck accidents include the following:

1. Rollover Accidents – These are the most common truck accidents and occur when a tractor-trailer rolls over or onto its side. This accident can happen when a truck is on a sharp curve and is going too fast. Rollover accidents also occur when a driver over corrects the steering wheel.
   
   A rollover accident could be caused by high wind and an empty truck container. When a rollover accident occurs, the cars driving nearby are at risk of being hit or at risk of running into the truck if it rolls over into another lane of traffic.

2. Rear-end Accidents – Trucks are especially prone to not being able to brake in time, and therefore run into stopped cars. Sometimes these accidents can be caused by a brake malfunction. Brake malfunctions can be a product of a faulty brake itself or improper maintenance or repair.
   
   Other times rear-end accidents are caused by driver error. Perhaps the driver was looking at a cellphone or was fatigued due to long hours behind the wheel.
   
   Trucks hauling a full load take 20-40 percent farther to stop than passenger cars. If the road is wet, the distance needed increases. This is one of the reasons why rear-end collisions involving semi-trucks happen so often.

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 Posted on December 30, 2016 in Personal Injury

Nothing is more stressful than being involved in a car accident. The damage to your vehicle, injury to yourself and your passengers, and the ongoing mental anxiety of getting back behind the wheel are all situations that you may experience. Once the initial impact has passed and the details are being assessed by the first responders, the issue of who caused the accident, or who was at fault, must be determined.

If it turns out the other driver was at fault and does not have insurance, where does that leave you? How will you recover from your injuries and/or damage to your car?

Many people do not know what rights they have until it is too late. Seek the professional help of a personal injury attorney who will advise you of your rights and work diligently to see that you are compensated for your injuries and losses.

Car Insurance Companies Avoiding Payouts

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 Posted on December 29, 2016 in Family Law

Complex and emotionally triggering in almost every way possible, divorce can ultimately result in the dissolution of a business. As such, owners are often wary of the process, and may even resort to criminal activity to protect their investment. Others may attempt to use the company as leverage or a way to seek revenge. Whatever your situation - no matter how contentious it may be - the following information can help. It explains the business valuation process and lets you know what you can expect. You will also learn how to ensure that you and/or your spouse’s business is accurately valued so that you can maximize your chances of getting the divorce settlement you deserve.

How the Value of a Business is Determined

Business valuation is a complex process with numerous factors to consider. Debts, assets, liabilities, and previous earnings history are analyzed. Future earnings and potential tax obligations are estimated as well. A business analysis expert then uses this information to calculate the overall value of the business, which is then added to the total value of the marital estate. This does not mean the business will be split equally, however. Instead, each party’s financial needs, future earning potential, potential tax obligations, contributions to the business, and other financial factors are examined. This is then used to determine what their equitable (“fair”) share of the business and marital estate should be.

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 Posted on December 27, 2016 in Family Law

As the calendar turns, signifying yet another year, Illinois will be making some changes to family law. If you are preparing for a divorce in 2017, learn what these changes might mean for your case, and how you can effectively prepare for them with the experienced assistance of a legal professional. The following also contains important information how those who already pay or receive child support may be impacted by the change.

How Child Support Calculation is Changing

In August of 2016, Governor Bruce Rauner signed a bill that changed two specific areas of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) - 750 ILCS 5/505 and 750 ILCS 5/510. These areas pertain to how child support is calculated during the divorce process.

Under the old law, supporting parents paid a minimum percentage of child support. This was based upon their net income and the number of children they shared with the receiving parent. Income of the receiving parent was not considered.

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 Posted on December 22, 2016 in Immigration

The United States has held that if a person is born within the jurisdiction of the country (on its soil, or on its bases or possessions abroad), then he or she has citizenship as a result. This is known as birthright citizenship, and for many years it was considered standard practice, without controversy. However, given the policy positions articulated by Donald Trump during his 2016 presidential campaign, the issue has become somewhat of a hot topic again, as it was in the past. In the current time, it is simply a good idea to understand which rights come with birthright citizenship, and which rights one might stand to lose if it is eliminated.

History of Birthright Citizenship

Many countries worldwide confer birthright citizenship, but not all. The United States established the practice with the passage of the 14th Amendment in 1868, though it has its roots in English common law, which is the cornerstone of U.S. jurisprudence. The amendment did not initially apply to Native Americans, who did not receive official birthright citizenship until 1924, though many were already citizens.

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 Posted on December 21, 2016 in Family Law

Divorce is certainly an emotionally difficult process, and divorcees should do all that they can to ensure they have adequate support throughout the process. Yet the recovery from this aspect of divorce is often less difficult than the financial recovery. In fact, one study suggests it could take 5 years or longer for some to fully recover from the financial repercussions of divorce. Thankfully, it is possible to mitigate this risk. The following information explains further.

Choose Your Assets with Care

All too often, divorcees let emotion override reason, and that can place one or both parties at serious financial risk in the years to come. This is particularly true when it comes to choosing assets - namely assets that carry both emotional ties and significant financial implications, such as the family home. Avoid making this common mistake by critically assessing your situation. If you take the house, can you truly afford the payments, taxes, and upkeep? Or would you be better served by selling the asset and then taking a monetary settlement?

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