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For those of you who pay child support or maintenance (alimony), make sure to take a look at your Judgment for Dissolution of Marriage or Custody Judgment now that tax time is here. In many instances, parties paying support are required to tender copies of their tax returns to their former spouse or significant other within so many days of filing them. Some people are required to pay additional support if their income exceeded the amount on which support was based. If you fail to comply with these terms, you may be subject to contempt proceedings, modification of your support payment retroactive to the date you were supposed to tender your returns, the accumulation of interest, and/or payment of your former spouse's or significant other's attorney's fees. If you are uncertain as to whether you are subject to these obligations or if your former spouse or significant other has failed to comply with these terms, call us for a free consultation.
So long as you have been properly notified by a sign or flashing signal, the speed limit in a school zone on school days is 20 miles per hour. Pay attention to the notification posted because the conditions under which the speed limit changes varies among cities, towns and villages. In some instances, the speed limit only drops to 20 mph if children are present during school hours. However, in some school zones, the speed limit is 20 mph on school days regardless of whether children are present, during the hours of 7:00 a.m. and 4:00 p.m. In some areas, the school zone speed limit only applies if a flashing light is activated. When in doubt, it is better to reduce your speed near a school to avoid being pulled over and ticketed. Police officers, prosecutors and judges take these tickets very seriously due to the risk of harm to young children. That is why you cannot receive court supervision even for a first time offense, which means unless you beat the ticket altogether, a conviction will go on your record.
Of course no one is thinking about a divorce when they get married. However, since unfortunately about half of all marriages end in divorce, considering a prenuptial agreement is a great idea. Prenuptial agreement is an agreement between two spouses-to-be that establishes each party's property and financial rights in case of a divorce. It is extremely important that a prenuptial agreement (also called a premarital agreement) be drafted very carefully so that if there is a divorce and one of the spouses wants to challenge the agreement, there will be no room for any challenge. If you would like to learn more about prenuptial agreements, please call our attorneys.
Having a Last Will and Testament is very important. It will ensure that your wishes as to how you would like to have your estate divided are fulfilled. In order for a Will to be valid, it must be written, signed by the person making the Will and signed by two (2) witnesses who were present at the execution of the document and who also witnessed each other sign the Will. Anyone who is at least eighteen (18) years old (or is an emancipated minor) and who is of sound mind may make a Will. The witnesses have to be persons who do not receive anything under a Will. Although the process may seem simple enough, it is important that it is done right so that there are no issues if the Will is contested in Court.
Defending against an Order of Protection is just as important as defending against a criminal charge. Unfortunately, Orders of Protection and criminal charges often go hand in hand. It is important to understand the difference between an order of protection and formal criminal charges. In many instances, the allegations contained in a Petition for Order of Protection constitute criminal conduct. Sometimes, criminal charges are filed prior to or contemporaneously with the Petition for Emergency Order of Protection. The most common example arises out of a domestic dispute between significant others. The police are called, someone is arrested, charged with domestic battery, and an order of protection follows. Sometimes, criminal charges are never filed. Other times, criminal charges are filed after order of protection proceedings in large part due to the evidence and testimony presented at the hearing.
If someone obtains an order of protection against you on an emergency basis without your participation at the initial hearing, you will have the right to defend yourself at the subsequent hearing to extend the emergency order of protection. However, order of protection hearings are civil, not criminal, proceedings. This means that the level of proof to obtain or extend the order of protection is much lower and the Respondent is not afforded the same protections he or she would be at a criminal trial, such as the right against self-incrimination. If you become party to an order of protection, you need to understand that your testimony at the order of protection hearing could be used against you at a criminal trial or could cause criminal charges to be filed when they were not filed in the first place. The consequences of your testimony at an order of protection hearing can be severe. That is why it is important to have an experienced attorney represent you to avoid any further damage to your reputation, since that order of protection will show up in LEADS (Law Enforcement Agencies Data System) and on your criminal history.
If you owe a support obligation, whether it is child support or maintenance (alimony), and you lose your job or experience a decrease in pay, your support obligation does not automatically stop. You must continue to pay the court-ordered support amount until a new court order is entered changing your support amount. If you stop paying, or fail to pay the full amount, without filing the appropriate petition, an arrearage will begin to accrue and your missed payments will even accumulate interest. It is your responsibility to file a petition to suspend, abate or modify your support obligation under these circumstances. We can help you file the appropriate petition and obtain relief as soon as possible. It is important to know that simply filing the petition does not trigger the modification or suspension. However, in many circumstances, we can request retroactive modification back to the date of filing your petition. That is why it is important to contact us the moment your employment situation changes. We offer free consultations to discuss your situation and to determine whether you are eligible for some form of relief.
Did you know that if you are using your cell phone and you cause an accident and injure somebody you can be criminally charged? So please be careful and drive safely! However, if you become involved in a situation like this, or know somebody who has, give us a call to make sure your rights are protected.
Many of our clients wonder if child support orders entered in other countries can be enforced in the United States. The short answer is "yes". However, enforcement can sometimes be difficult as a foreign judgment has to be enrolled in Illinois first, before it can be enforced. If you have questions regarding enforcement of a foreign judgment, feel free to give us a call!
Division of retirement accounts is a part of divorce. However, just because a Judgment for Dissolution of Marriage that says that you are entitled to a percentage (or a specific amount) from your spouse's retirement account was entered, does not mean that you will automatically receive that amount. Usually, there is another step that needs to be completed. Your attorney has to enter what's called a Qualified Domestic Relations Order (QDRO). A QDRO is an Order that has to be approved by the company that holds the retirement account. Once it is approved and entered with the Court, the company will then accept it, and depending on your Judgment, the circumstances, and the company's policy, will divide your spouse's (or your) retirement account. The process can be difficult and may require the assistance of an experienced divorce attorney to make sure that everything is done correctly. Feel free to give us a call to schedule a meeting to discuss your QDRO-related questions.
If so, you should contact an attorney to ensure that you fully understand your rights and potential liabilities. If you were involved in a car accident and issued a traffic citation, more severe consequences may arise from traffic court other than a fine and a conviction or court supervision on your driving record. If you plead guilty in court or by mailing in your ticket, that plea of guilty constitutes a judicial admission of guilt which can be used against you in other court proceedings, such as a civil lawsuit arising from a claim of personal injury. A personal injury lawsuit may not even be filed at the time of your court appearance, but could arise thereafter. It is important to protect yourself from admitting liability before you are even aware that a civil suit is pending against you. Just because you were issued the traffic ticket does not always mean that you were the driver at fault. In most cases, the police officer writing the ticket did not witness the accident and made a judgment call based on hearsay statements provided to him (or her) by all individuals involved. Conversely, if you have been injured in a car accident, you may be entitled to damages for medical bills, lost wages, and/or pain and suffering if the other driver was at fault. Contact J. Aldrich Law, P.C. today for a free consultation to ensure that you are fully protected in either situation.
630-953-3000
1700 Park St., Suite 203F, Naperville, IL 60563
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