Waukegan, Illinois Legal Blog

How is child support determined in Illinois?

When an individual retains their parental rights over their child, they are expected to contribute to the financial needs of their offspring. If their child lives with them then they may make daily contributions to their child's care when they buy them food, pay to keep a roof over their head or purchase them new shoes, clothing and school supplies. However, when a child does not live with their parent that parent may not have the same level of regular involvement in the child's day-to-day care.

In such situations a noncustodial parent in Illinois may be asked to pay child support for the benefit of their child. Child support is based on how much the child's parents make as income. The income shares model is used, which takes into consideration the earnings of both a child's custodial and noncustodial parents.

The elements of negligence in a personal injury claim

Negligence is a fundamental legal topic and is often a major part of personal injury claims. While this post is intended to provide readers with a general understanding of what must be proven to prevail on a claim of negligence, it is important that readers understand that this post offers no legal advice. In order to understand if a reader has a viable claim of negligence, it can help to contact an Illinois attorney who works in the personal injury field of law.

The first element in a claim of negligence is the presence of a duty. While some relationships (doctor-patient, priest-penitent) have recognized duties between them, others are not as clear. However, in general individuals have a duty to act reasonably given their circumstances. For example, when driving a car a person has a duty to obey traffic laws and to conduct themselves responsibly to avoid injuring others.

Life after a DUI conviction

Everyone makes mistakes. In one way or another, everyone makes a mistake that they wish they could take back, but you can’t. For some people, their most significant error is drinking and driving.

A DUI conviction is the mistake that follows you throughout your life. There are moments where you wish you can drive back in time to stop yourself, but you can’t. So what can drivers expect from life after a DUI conviction?

Does Illinois law recognize no-fault divorce?

A divorce is a legal process that dissolves the relationship between two people who are joined in marriage. In order to file for divorce in Lake County and other areas of the state, at least one of the parties to the divorce must have lived in Illinois for at least 90 days. When they prepare their pleading to file for divorce, they will have to decide if their divorce will move forward on fault or no-fault grounds.

A no-fault divorce is one in which neither of the parties has to show that the actions of the other is the reason for the end of their marriage. In Illinois, a person may claim that their marriage has been irretrievably broken and cannot be fixed. Alternatively, if two married people decide to separate and maintain their separation for at least 2 years, they can proceed to divorce court on no-fault grounds.

What is needed for a valid search warrant in Illinois?

When investigating crime, police in Lake County collect various kinds of evidence to bolster the state's case. One major category of evidence is physical evidence. For drug crimes, physical evidence could include drugs and paraphernalia allegedly found in the suspect's possession. When collecting this evidence, police must follow rules laid down by the U.S. Supreme Court and the Illinois Supreme Court.

As a general rule, police need a search warrant before they can enter a person's home on private property. One exception is that police may not need a warrant to stop a suspect from destroying evidence on their property. There may also be an exception to the rule if the evidence is in plain view. If the police come onto a suspect's property for a legitimate purpose and they see the evidence in plain view, any ensuing search and seizure may be legal.

How does legal separation work in Illinois?

As is the case in other states, Illinois law allows a Lake County couple who need to live apart but who, for whatever reason, do not want to go through a full divorce to ask instead for what is commonly referred to as a legal separation.

After a legal separation, the couple remains married in the eyes of the law. This means that they are not legally free to marry another person. On the other hand, it also means that they may be able to claim some of the benefits reserved to married couples.

Misdiagnosis a common cause of malpractice claims

According to recent studies, misdiagnosis remains the main reason patients file medical malpractice claims against their doctors.

In one of these studies, in which those responsible for the study reviewed 1,800 closed malpractice claims over 5 years, determined that almost half, over 45%, of them could be attributed to a misdiagnosis or, on a related point, a delayed diagnosis.

Damaging allegations often emerge in family law disputes

Anyone who has been in a relationship or has raised a family knows that the calling can be very stressful at times. Particularly when relationships are not going well or even failing altogether, emotions can run high. People often do things that they ordinarily would not in these situations.

It is no surprise, then, that in our law firm's experience, criminal allegations and other serious accusations often arise in the context of a family law or another domestic relations matter.

Penalties for an Illinois DUI are steep

Any Illinois resident who has been through the process probably knows that a drunk driving charge in this state is never a minor affair. Even first-time offenders can face significant penalties that can really affect their lives. Moreover, a repeat DUI, or a DUI with other aggravating circumstances, come with harsher penalties that can include jail time and even a felony conviction.

Even if jail is not on the table as a practical matter, a Lake County resident accused of drunk driving will have to deal with a suspension of his or her driver's license. For a first time failure of a blood or breath test, a person will serve a 6-month suspension. For subsequent offenses, the suspension is for one year.

Texting and driving could soon cost your license

Drivers everywhere know the dangers of using your phone while driving. Distracted driving is a nationwide problem with 1-in-4 drivers found to have used a cell phone moments before a crash. Illinois lawmakers are pushing to increase penalties for drivers who can’t put their phones down until they reach their destination.

The new law would impose more severe penalties on drivers found using their cell phone during a crash. Fines would increase from $75 to $1,000 and a one-year suspension of their driver’s license. Distracted driving kills thousands each year and many of those using their phones while driving are our youngest drivers.

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