Thursday, August 17, 2017

Who pays attorney fees in divorce cases?

There are two main provisions that govern whether to award attorney fees in an Illinois divorce case: The Illinois Marriage and Dissolution of Marriage Act, which directs the court to consider a number of factors when deciding whether and in what proportion to award attorney fees, and the Schneider decision, which requires that a party seeking contribution show their inability to pay his or her fees while showing that the other party is able to do so.

Monday, August 7, 2017

Modify Child Support Orders Based On New Law

After passage of a new law, effective July 1, 2017, would a parent be able to have his existing child support order modified to bring it into line with the new child support guidelines?  The answer is that the passage of the new law, in and of itself, is not a basis to have your child support modified.  

You will still need to show a "substantial change in circumstances" other than the change in the law for the court to modify your child support.  However, if you are able to demonstrate a change in circumstances after July 1, 2017, your child support will be modified in accordance with the new law, as opposed to the law in place at the time the original order was entered. 

Wednesday, July 12, 2017

Cook County stops prosecuting certain traffic offenses

Citing a lack of personnel, the Cook County state's attorney's office plans to stop prosecuting certain traffic offenses, a top county official said.
Under a policy expected to take effect later this year, the state's attorney's office will not prosecute people accused of driving on licenses that have been suspended or revoked for financial reasons — such as failure to pay child support, tolls or parking tickets.
Instead, individual cities will have the option to prosecute those violations.
In the new policy on traffic cases Cook County prosecutors will continue to handle cases in which a drivers license was invalidated because of more serious crimes, such as DUI, fleeing a police officer and reckless homicide.

Monday, June 26, 2017

A new law calls for punishing repeat gun offenders with longer prison sentences.

A new law designed to crack down on repeat gun offenders became effective in Illinois.  It changes gun sentencing laws so that instead of a range of 3 to 14 yeas for some repeat gun crimes, judges would hand our sentences of 7 to 14 years. A judge who decides to depart from that guideline will need to explain why.  It is designed to help reduce crime in the city of Chicago.

Wednesday, June 14, 2017

Pet custody in divorce proceedings

A bill sent to Governor Rainer is set to decide whether divorce proceedings may assign sole or joint custody of a companion animal if it is deemed a marital asset and the well-being of the pet is considered.  The bill pertains only to cats, dogs and horses.

Tuesday, June 13, 2017

Drug and alcohol tests for police

A new law expected to be signed by Governor Rauner would require law enforcement agencies to administer drug and alcohol tests after an officer involved shooting that injured or killed someone. The tests would have to be completed before the end of the officer's shift or tour of duty.

Monday, June 12, 2017

Expunge juvenile court records

A proposed new law in Illinois would expand the automatic expungement of juvenile court records and increase confidentiality protections. The bill acknowledges that teenagers make mistakes and ensures those decisions do not affect the rest of  their lives.