Illinois Lawyer Referrals and Legal Guidance

5 Tips for Taking Your Child out of Illinois in a Custody Situation

January 25th, 2012

Whether you have shared custody or sole custody of your child, one parent generally cannot make the decision alone to move out of the state of Illinois with the child. Here are some factors to consider, if you are wanting to make a move.

1. A petition should be filed with the court asking permission.

If the child has been living in Illinois, generally that is where the petition would be filed. You would be asking the judge to grant you the right to remove your child from the state. If the other parent objects, you would have the responsibility to prove your case as to why the change is right. This could take time, because both sides need adequate time to prepare and present their arguments. So it is not a decision that can be made at the last minute before you want to be settled somewhere else.

2. The judge will base the decision on what is in the best interests of your child, taking many factors into account.

Regardless of how badly you may feel that you need a change, or another state is more desirable, if it is not overall in the best interest of your child, you may not be able to move out of the state. The judge will look at the specifics of your situation and the proposed move, in light of factors such as: whether the move will enhance the quality of life for you and your child, and in what way; whether your move is based on bad motives, rather than a positive plan; whether the objection to the move is based on bad motives; what the effect will be on the other parent’s visitation, and if it is possible for an appropriate visitation schedule.

3. A solid plan for a good, enhanced quality of life will go a long way to justifying the move.

The judge will look at many aspects of the new life you are proposing in the new state. You can show specifics about the community, school system, other family nearby and other support system, and the positive effect it will have on your life that your child will also benefit from.

4. Problems can arise if paternity has not been established.

If the parents have not been married, and paternity has not been established, it is difficult for the father to prevent the move. But that does not necessarily mean that the mother is free and clear to move with the child. The father could take the steps to establish paternity if he knows you may be planning to move, and could then hold it up. Also, if you move first, and then paternity is established, you may have to return to Illinois to present your case to the judge.

5. A short vacation out-of-state is generally not so complicated.

In most situations, there does not need to be a complicated procedure just to take a reasonable vacation outside of Illinois. Usually, with notification to the other parent as to where and when you will be going, along with contact information for the child, there isn’t a problem.

1/25/12

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Alimony Agreements can be Unchangeable—Even if Your Finances Change

January 24th, 2012

When a couple is divorcing, it can be an advantage for them to reach an agreement about money, property, and other issues between them. They can sign a Marital Settlement Agreement which spells out the resolution of these issues. Rather than fighting in court about these matters, the judge will look at the terms of the agreement, and decide if they are fair. If the judge approves, then the agreement takes effect.

But before you agree, be sure you know what you are getting into. Some Marital Settlement Agreements can have effects lasting far into the future. What may seem to make sense under your current financial and lifestyle circumstances, may feel quite different a decade later. If you want the terms to have some flexibility to change with your changed situation, then do not lock yourself in to an agreement that cannot modified.

In a recent case decided in an Illinois family court, a husband was likely wishing he knew then what he knows now. He and his former wife signed a Marital Settlement Agreement, where he promised to pay her a fixed amount every month for maintenance (alimony), and other payments, unless or until either of their deaths or the wife remarries or cohabitates. The Agreement said that the payments could not be modified even by a judge, unless both of them agreed to the change.

The problem was, though, that 10 years later the husband’s financial situation was not at all what it had been when he was signing that agreement. He claimed that to continue the same payments would mean that he had to liquidate his assets, and would be unable to support himself. The husband tried to argue to the judge that the agreement was unfair and should be modified.

Unfortunately for the husband, once he signed the Marital Settlement Agreement which said a judge could not modify the maintenance terms, he was stuck with them. The fairness determination was made at the time the agreement was entered in the divorce, and the fact that it might be unfair under his current conditions could not be considered.

He locked himself into paying a fixed amount of money each month, rather than a percentage of whatever his current income would be. And he locked himself into the amount being virtually unchangeable.

Sometimes locking in the terms for maintenance could be an advantage. If his finances had changed for the better, he would not be required to pay more. The uncertainty of being brought into court to reopen the payment amounts is erased. But the downside is that where circumstances make the old arrangement an impossible fit for the present financial situation, you could be stuck.

1/24/12

Posted in Illinois Family Law | No Comments »

Injuries on Public Property in Illinois

January 23rd, 2012

When an accident happens, if someone else is at fault, they generally have responsibility for paying money damages if a lawsuit is brought against them. But if an accident happens on public property, then your chances of winning a case are drastically reduced.

This was the conversation I had recently when I was contacted by a man who suffered serious injuries from falling on a wet floor at the Allstate Arena. This venue is owned by the Village of Rosemont, which is a public entity. Though the fall and the injuries are the same regardless of whether the accident was on public or private property, the location greatly affects what kind of case you have to prove.

Ordinary lawsuits for injuries require plaintiffs to prove that there was negligence by the defendant. This means that there was some duty owed to you that was breached, and you were hurt because of the breach of duty. But public entities and public employees have a special immunity which protects them from most ordinary lawsuits for negligence.

In a lawsuit against a public employee or public entity, you would have to prove that the defendant’s conduct was “willful and wanton.” The standard of willful and wanton is a high level of proof, that goes far beyond just a failure to do something should have been done. You have to prove that the defendant’s actions were deliberate, and done with an intent to cause harm, or else that the actions showed a complete disregard for safety.

When you apply these requirements of proof to the facts of a case, here is how it looks: If, for example, a child is on a swing at a neighbor’s house, and the swing set fell over and injured the child, it would be relatively straightforward to show the neighbor’s negligence and win a case for money damages. The neighbor had a duty to maintain a safe swing set before any children played on it. If it was not properly secured and fell, then there could be negligence and responsibility for the injury.

But if the same accident happened on the public school playground, the case would proceed quite differently. Instead there would have to be proof that the school district showed a purposeful lack of regard for the children’s safety. Did they receive prior complaints about the unsafe condition of the swing set, and yet did not do anything to fix it? Did they have actual knowledge that it was not properly secured in the ground, but did not do anything to fix it? Did they remove some safety feature that had been in place?

These are the questions that have to be explored to have a case when the accident happens on public property and not private property. The same slip and fall accident that happened at the Allstate Arena, could be a major case if it happened, for example, at a grocery store. Though the water could have gotten on the floor and been left there under the exact same facts, the difference in the case is the difference in the venue. Public employees and public entities are given more leeway in lawsuits than are private individuals. Same fall; same cause; same injuries—different case completely.

1/23/12

Posted in Injury Cases | No Comments »

For Some Illinois Traffic Tickets, A Trip to Court is Unavoidable

January 20th, 2012

If you get a traffic ticket you may feel it is a minor matter, and not worth hiring an attorney. But not all traffic tickets are created equal. A relatively minor traffic violation will give you options that do not include court and you generally do not need a lawyer. But others require you to appear in court, and defend the charge. And the consequences if convicted can be significant.

The traffic violations that require court appearance are punishable by a fine, but they also can involve jail time in addition to a fine. You can also risk losing your driver’s license if convicted, and needless to say, your insurance costs could skyrocket. So even though it may be “just” traffic court, the risk of loss if convicted can be just as devastating as a conviction for other types of crimes.

Included in the category of traffic offenses where you must appear in court are: driving without insurance, speeding between in excess of 30 mph over the limit, failing to yield to emergency vehicles (Scott’s law), DUI, driving on a suspended license, reckless driving, and more.

For these cases, it makes sense to go into court with an attorney to be sure you are getting the right advice on how to handle your situation. Your ticket should indicate a court date at least 14 days from the date it was issued. Speaking with an attorney well in advance of that date can give you the best chance to be prepared.

Missing the court date that was assigned can cause different actions to be taken against you, depending on what the charge is. The consequences can include having a judgment of guilty entered against you, having your driver’s license suspended, or even having a warrant issued for your arrest if it was a misdemeanor traffic offense. In any event, it is likely to cost you money in court fees to try to fix the damage that can be done by missing your court date.

When you are dealing with these types of traffic violations, the downside risk can be quite significant. Preparing properly to defend your case can go a long way to protecting your future.

1/20/12

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Injury Lawsuits Have Deadlines

January 19th, 2012

Every state has deadlines for filing personal injury lawsuits. The deadline – called a statute of limitations – depends on the type of case, who you’re suing and where you’re suing. The basic rule in Illinois is that you have two years to sue for an injury.

If you miss the deadline, you’re probably out of luck. However, there are exceptions that allow more time. Keep in mind that there also are situations where you may have less time to sue.

Illinois’ statute of limitations for injury cases is two years from the date of injury. Injury cases include car accidents, getting hurt on someone else’s property, slip and fall cases, and medical malpractice, to name a few. So if you slip and fall in a parking lot, you have two years from that day to sue the owner or whoever is in charge of the lot.

In some situations, you may not know you were injured until much later. A common example is the medical malpractice case where a surgical instrument is left inside the patient after surgery. You aren’t expected to know about this type of injury until you start experiencing symptoms or until you are diagnosed. So in these situations, the two years may not begin until you know (or should have known) about the injury. There is an outside deadline of four years in most medical malpractice cases, meaning that even if you didn’t know about the malpractice you still may run out of time to sue.

You may have less than two years to file an injury lawsuit if you are suing the government. You usually have to give notice of your intent to sue within six months or a year, and you may only have a year to file a lawsuit. This exception applies to cases against towns, police departments, public schools, etc.

The two-year statute of limitations may be extended if the injured person is a minor at the time of the injury. If you are under 18, you generally have two years from your 18th birthday to file a lawsuit. For medical malpractice, minors have an outside deadline of either (1) eight years from the date of malpractice or (2) their 22nd birthday.

The statute of limitations for an injury case also may be extended based on the mental state of the person suing. For example, lawsuits based on sexual abuse can be filed long after the abuse occurred if the memories were suppressed during that time. You also may have more time if you suffer from mental illness.

Keep these deadlines in mind if you are considering suing for an injury. If you have questions, talk to an experienced personal injury attorney – there may be an exception that applies to your case.

1/19/12

To learn more visit, http://www.findgreatlawyers.com/statutelimits-personalinjury.htm

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5 Facts For Getting Paid Your Commissions in Illinois

January 18th, 2012

For those whose jobs involve working hard to make a sale in order to make money, you know how you count on your commission checks. But do you know what your rights are when it comes to collecting those commissions? These are frequent questions we get from employees involved in sales. Illinois law has protections for sales employees. Here are some facts to know about collecting sales commissions.

1. Who is protected by Illinois’ laws on sales representative’s commissions?

The law covers workers that are independent contractors and not employees of the company. This includes workers that are basically controlling the way they cover a particular area of sales for their employer. They are paid a commission on their sales, which means that a percentage of the total sales or profits they bring in gets paid to them.

2. When are my commissions supposed to be paid while I’m still working for the company?

Commission payments are more complicated than other compensation, because usually your commissions are not owed to you right after you make the sale, but they have to wait until the customer pays and the transaction is complete. Illinois law sets out rules for paying commission to sales reps during the course of their job.

If you have a contract that specifies when commissions should be paid, then those contract provisions govern the payment. If there is no contract provision for commission payments, then you can look to the way the company has handled commissions with you and others in the past. If there is no past history with the company that can guide the commission payments, then industry standards for your type of sales business in the state of Illinois should guide when you should be paid.

3. If I have been fired, how long does the company have to pay me the commissions I have already earned?

Your final commission check unfortunately cannot always be paid to you at the time of your termination, because you likely still have sales that are finalizing and commissions therefore that are not due yet. But for those commissions that have come due when you are terminated, the company has 13 days from that date to get you your money. For the commissions that have not finalized and come due at the time of your termination, the company has 13 days from when the commissions become due and owing to you.

4. What happens if I have not gotten my commission payments and they are past due?

Illinois law protects sales representatives from not getting paid what they are owed in commissions. The law also tries to discourage companies from firing workers before their commissions are due and not paying them. Companies that don’t follow the rules for paying commissions can be required to pay you your attorneys’ fees and costs in trying to collect your payments, in addition to what you’re already owed. Also, the company can be assessed other penalties that they have to pay, if their actions warrant. The message is clear that it can be more expensive not to pay you, then to pay you properly in the first place.

5. My employer wants me to agree that these rules do not apply to my commission payments. Is this allowed?

No, the law itself says that any attempt to have you sign away your rights to be protected under the sales representative laws will not hold up. You cannot sign a contract that keeps you from being paid the commissions that you are entitled to, in a timely way.

1/18/12

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Dog Bite Lawyers

January 17th, 2012

If you have been bitten, scratched or in any other way injured by someone else’s dog, you may be able to recover for your injuries by filing a lawsuit. This includes compensation for such expenses as medical bills, future medical bills, medication, lost wages, torn clothing or broken glasses, disfigurement and pain and suffering. Also, if your own pet was injured or killed in the attack, you may be able to recover for that as well.

First, however, if you have been hurt in any way by a dog, you should seek medical treatment. You should then notify police and obtain a completed police report. Also, be sure to maintain several, clear and close up photos and videos of your injury. The Illinois Animal Control Act protects victims of dog-related injuries by holding the dog owner liable. You do not have to show that the owner was doing anything wrong at the time of the attack or was negligent in any way. You do not have to show that dog had a history of aggression – unlike the old “one free bite” rule, which essentially stated that every dog gets ‘one free bite’ before it is considered to be aggressive and the owner on notice.

What you do have to show in order to recover damages for your injuries is the following: That the person you are suing owns the dog; That you were conducting yourself in a peaceable manner and did not provoke the dog in any way; That you had a legal right to be where you were when the attack occurred – in other words, you weren’t trespassing at the time.

Oftentimes, victims of dog bites are reluctant to file a lawsuit against a family member, friend or neighbor. However, the owner’s property insurance typically covers this type of liability and so you will not be dealing directly with your family member, friend or neighbor but rather with their insurance company. Therefore, it is highly recommended that you hire an experienced personal injury attorney to represent you. The insurance company’s goal is to pay as little as possible and they are seasoned negotiators. Your attorney will have the experience to negotiate with them and ensure that you are adequately compensated for your injuries.

It is also highly recommended that you act quickly and file on time – within two years of your injury – otherwise, your claim may be barred. Again, your attorney will advise you on all deadlines. Personal injury attorneys, including those who handle dog bite cases, work on a contingency basis. That means that you pay your attorney out of whatever you recover. If you recover nothing, then you owe nothing to your attorney.

1/17/12

To learn more visit, http://www.findgreatlawyers.com/Illinois-Dog-Bite-Law.htm