Some may think that one can reside here in the United States permanently with “lawful permanent residence” commonly known as a Green Card. Often Green Card holders are surprised to find themselves in Removal Proceedings. Although people who carry non-immigrant visas or green cards have the right to be in the United States. This right is dependent on the fact that the alien has not violated legal rules. The following are examples of a few grounds that a legal permanent resident may find himself in removal proceedings:
How do Maintenance Payments Affect Child Support Obligations Under Illinois' 2017 Child Support Law?
On July 1, 2017, Public Act 99-0764 will go into effect, and modify Illinois child support laws. Under the new law, which you can read all about here, each parent's responsibility for child support will be determined based on their "net incomes" relative to one another.
A reader commented asking how maintenance payments will affect the parents' relative incomes under the new child support law. In this article, we will explain how maintenance obligations (also known as alimony or spousal support) will affect child support support obligaitons under Illinois' 2017 child support law.
The purpose of this article is to provide a summary of Illinois franchise law and federal franchise law as applied in Illinois. Because franchises are governed by both federal and state regulations, franchise law is complex, and an experienced franchise attorney should be an essential part of your team, whether you are a franchisor or franchisee.
Understanding child support is a complex issue, especially when multiple jurisdiction issues arise. Illinois abides by the Uniform Interstate Family Support Act. This act sets the rules in determining whether a specific state court has standing to hear or adjudicate on an order that was rendered in another state.
Common child support issues are:
The purpose of this article is to discuss common disputes between condominium owners and condominium associations, condominium boards, and individual members of condominium boards in Illinois. We will provide an overview of the primary sources of litigation between condominium owners and condominium associations, as well as an explanation of how such litigation is typically handled according to Illinois law.
In 2016, there have been several major changes to Illinois divorce law, which are designed to bring the law into alignment with the realities of modern co-parenting arrangements and to soften the blow of divorces. More changes are on the way in 2017 as well. You can read our article about changes to Illinois child support laws for 2017 here.
If you are pulled over under suspicion of a DUI, it is important to know your rights and the ramifications of your actions. The purpose of this article is to assist you in making decisions that will put you in the best possible position in the event of a DUI.
Illinois Family Mediation Explained | Illinois Divorce Mediation | Child Custody Mediation in Illinois
What is Family Mediation?
In Illinois family, divorce, and child custody mediation, the parties cooperate to resolve conflicts and reach an agreement regarding issues of child custody, child support, spousal maintenance (alimony), and division of marital assets and liabilities with the assistance of a neutral third party mediator who is responsible for:
On August 12, 2016, Governer Rauner signed into law Public Act 99-0764, which will change the manner in which Illinois divorce courts calculate child support. The law will be effective on July 1, 2017 and will modify two sections of the Illinois Marriage and Dissolution of Marriage Act ("The IMDMA"), specifically 750 ILCS 5/505 and 750 ILCS 5/510.
According to the current child support law, which you can read about here, courts are directed to award as child support certain minimum percentages of the non-custodial parent's net income, regardless of the income of the custodial parent. The new law replaces these minimum guidelines with an "income shares" model, which is already in use in most other states.
One of our readers commented on our article about changes to Illinois child support laws that will go into effect on July 1, 2017, with the following question:
How is child support calculated if the father has child support obligations to multiple families? What if one of the children is in a different state
Property values in the past few years have plummeted, yet homeowners find themselves paying higher property taxes than ever before. Your property taxes are linked to the fair market value of your home; however, when the fair market value of your home is uncertain, the tax assessment may be inaccurate. Due to the slow-paced real estate market, fewer homes are being purchased, making it difficult to get a fair estimate of what someone might pay for a home in your area, let alone a home similar to yours. Assessors do not have the raw data to work with as they did in the past, so they must refer to outdated information and do the best they can. Therefore, because many homeowners feel they have more accurate information than the assessor, they decide to appeal the assessment of their property.
Illinois Child Support Modification Explained | What is a "Substantial Change in Circumstances" for Modifying Child Support?
When Can Child Support Be Modified in Illinois?
There are several ways that a divorce case can be resolved: litigation, arbitration, mediation, attorney-assisted mediation, collaborative divorce, and cooperative divorce. In this article, we will explain collaborative divorce and cooperative divorce as alternative dispute resolution techniques in marital dissolution cases, and compare the pros and cons of each.
Mechanics Liens in Illinois are governed by the Illinois Mechanics LIen Act (770 ILCS 60/0.01, et seq.). The purpose of the Mechanics Lien Act is to ensure that contractors and subcontractors who provide labor, materials, fixtures, or machinery to improve real estate receive payment for their services and materials.
The Mechanics Lien Act provides a mechanism whereby contractors and subcontractors can place a lien on property that they work to improve in the amount of the value of their services and materials. The lien prevents the owner of the property from transferring the property without first paying the contractor or subcontractor who holds the lien. A Mechanics Lien also allows the contractor or subcontractor who holds the lien to foreclose on the property and have it sold in order to satisfy the lien.
We were asked the following question on our Learn About Law Youtube Channel:
Q: My ex does not work but her husband makes twice what I make. Under the new law will they take his income into consideration?
Prior to July 1, 2015, the amount and duration of spousal maintenance awards in Illinois divorces, also known as alimony or spousal support, were determined at the discretion of the court by the judge weighing several factors specifically listed in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101, et seq.) (the "IMDMA"). However, in 2015, law was passed that changed this calculation.
According to the new law, the court will weigh these factors to determine whether maintenance is appropriate. However, if maintenance is appropriate, the court is now instructed to use specific formulas to determine both the amount and the duration of the award in most cases. In certain cases, courts are permitted to deviate from the statutory formulas, in which case the divorce court will use the statutory factors to determine the amount and duration of the maintenance award.
In this article, we will provide an in-depth explanation of the factors courts consider in determining whether maintenance is necessary and the amount and duration of alimony payments when the statutory formula is not applied. We will also discuss when the spousal maintenance formula is to be applied and explain the calculations used in the formula.
In this article we will explain how to use special needs trusts in order to maximize social security benefits for individuals with disabilities. This article is the seventh in a series of nine articles explaining the Eight Goals of a Good Estate Plan.
In Illinois, a disabled individual is entitled to receive up to $733.00 per month inSupplemental Security Income (“SSI”) if two things are true:
This article is the sixth in a series of nine articles explaining the Eight Goals of a Good Estate Plan. In this article we will explain estate tax and discuss some tools used to avoid it or minimize it.
What is Estate Tax?
In addition to the taxes that you pay during your lifetime, both the federal and the Illinois state governments require your estate to pay a tax before passing to your heirs. The good news is that both the federal and state estate taxes are subject toexemptions. If the value of your estate is less than the applicable exemption the estate tax in question will not apply. Only amounts over and above the applicable exemption are taxable.
Illinois Law Blog: Learn About Law
O’Flaherty Law is based in Downers Grove, Elmhurst, and Naperville, Illinois. Our team has expertise in many areas of law including but not limited to bankruptcy law, business & corporate representation, civil litigation, criminal defense, estate planning, divorce & family law, immigration; probate, guardianship & elder law; and real estate law. If you have any questions or would like to schedule a free consultation, please e-mail us at firstname.lastname@example.org or call us at (630)324-6666.
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