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Showing posts from May, 2019

Ignoring Income Withholding Order Results In $53,400 In Penalties

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  Failure to follow an  income withholding order  brings a steep price for an Illinois employer following the divorce of one of its employees. A recent appeal came down from the Circuit Court of Sangamon County called In Re the Marriage of Sally Kay Hundley filed by the former wife and against her ex-husband John and his employer, Buckhart Sand & Gravel. The wife filed a third party claim against her husband’s employer for not paying monthly maintenance according to the income withholding notice. Case Background John was ordered to pay $370.00 a month in maintenance after the parties’ trial. Sally served an income withholding notice to John’s employer. The employer, Buckhart Sand & Gravel began withholding income from John’s paychecks but did not pay those withholdings to the  Illinois State Disbursement Unit (SDU) . Sally complained and filed a third-party complaint against Buckhart. Buckhart complained that the notice wasn’t properly filled out a...

5 Secrets to Keep Your Divorce Civil Like Jeff Bezos

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Is it really possible to keep your divorce civil? Yes, but easy? No. So when I read the news about Jeff Bezos divorce and his and his wife Mackenzie’s comments about how they’d reached an amicable agreement on how to end their marriage, I was glad. As a divorce lawyer, I know one of the hardest parts of the divorce process is taking the emotion out of it so the real work can begin. No one can concentrate on the real issues while they are coping with distrust, anger, and upheaval of the end of their relationship. Their public breakup couldn’t have been more embarrassing and humiliating for MacKenzie Bezos. Having your marriage end is one thing, but to have the whole world learn about her husband’s affair on the news is quite another thing. Infidelity is hard on any divorce, but such a public disclosure sure doesn’t help things. Mackenzie and Jeff Bezos Take the Civil Approach to Divorce While everyone waited to see how much of a blood bath the Bezos divorce was going to be, inst...

Am I Choosing the Right Lawyer for My Divorce?

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Wondering if you’re  choosing the right lawyer  is a common question that comes up when you’re going through a divorce or family law case. And while it’s a common question when going through a divorce, it’s not always easy to answer.  Here’s some guidance that should help you find your answer: Research Helps You Know If You’re Choosing the Right Lawyer There are many websites now that review lawyers and those are a good start. If you research your attorney online and see a series of reviews about the attorney, are they predominantly good? Other people’s review of the attorney you are seeking to hire can be a good place to start. Does the Attorney Concentrate in Family Law? I’d also want to know that this attorney only concentrated in family law. Is the attorney you are seeking to hire also doing real estate closings? Bankruptcy law? Personal injury? I have a hard time believing that you can do all of these areas of law well. I could be wrong, but it would take a...

Reaching An Agreement In Your Divorce

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Reaching an agreement  is typically the best case scenario for each party in a divorce or custody case. Of course, reaching an agreement may be more difficult said than done. Let The Judge Decide The alternative to reaching an agreement is having the Judge decide via hearing or trial. Judges do their best to listen to the facts of the case, hear both sides of the argument, and apply the governing law to reach an informed decision. Being a Judge is a difficult job; it’s nearly impossible for a Judge to be informed of every detail of a case prior to their ruling. Judges do not always rule in a predictable way; sometimes it is difficult to know which way one will sway. As a result, you are taking your chances with the outcome if you request a Judge to rule on the matter. When it comes to these sensitive and crucial issues, deciding to “take your chances” is very stressful. This is why I strongly encourage the parties to do everything in their power to work together to reach an...

How Do I Go About Getting a Divorce & Other Questions

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If  getting a divorce  is something you are seriously considering you may find yourself with many questions that need answers. There are a lot of emotions that surface when deciding to get a divorce. Some people elect to handle the divorce themselves and others need more information to help them decide which way to go. As a  Chicago divorce lawyer , I field a lot of these types of questions each and every day. The following are some of the most common questions I answer about getting a divorce: Top 13 Questions About Getting a Divorce 1. Does it Matter Who Files First in a Divorce? Some people have been told that the person who files first in a divorce case gets some sort of advantage. It is not true. You can bring the divorce (you would be called the Petitioner) or you can be the person answering the petition for divorce (you would be called the Respondent). The law requires the court to rule on certain aspects of law pursuant to our statutes, so it doesn’t ma...

Courtroom Tips I Learned from “My Cousin Vinny”

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I love the classic movie  “ My Cousin Vinny ” . It makes us laugh and makes us wonder if there is anything we can take away from this movie about the courtroom. As an attorney, watching the movie makes me understand some things that are critically important but hard to grasp until you see it in action in court. Vinny Commands the Courtroom One thing for sure is Vinny’s command of the courtroom when he is cross-examining witnesses. We have all heard that it is best to have the witness answer with short yes and no answer. Vinny, in his cross-examination of an elderly woman who wears thick glasses, uses the entire courtroom which keeps everyone’s attention. He asked the witness to hold onto the end of a measuring tape and holding the other end, he walked to the end of the courtroom. He asked her to tell him when to stop when he was about the same distance away as she was when she witnessed the incident in question. When she tells him to stop, she is testifying to what she wit...

Tips to Avoid Parenting Issues with Your Ex’s Significant Other

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Avoiding parenting issues with your ex’s  significant other  is often overlooked once parents move on following a divorce or break up. Most  Allocation Judgments  (formerly called Custody Judgments) address this issue and put the burden on a parent to make sure their new, subsequent significant other (and potentially third parties) aware of the contents and rules of the Allocation Judgment. Usually, the most important provisions to notify third parties and significant others regarding are the parenting time rules. No Disparaging Remarks About the Other Parent Generally, there is a rule regarding not disparaging the other parent, not discussing court proceedings or financial issues with the minor children, and more. It is imperative that any person who will be around your children regularly or repeatedly follow these rules. If they do not, you may be held responsible for it in Court. Ensure Significant Others and Third-Parties Follow the Rules A lot of Al...

How to Detect Parental Alienation

Finding a way to effectively detect parental alienation is important in any custody or divorce situation. The warning signs that alert a child is suffering from Parental Alienation Syndrome are not always clear, which is why it is important to keep a record of any behavior that is suspect and keep a detailed record including dates, times, things said, behavior issues and note any “secrets” your child may be keeping. I have experienced alienating parents keeping secrets with their child as a way of building a bond with the child and alienating the other parent. Warning Signs to Help Detect Parental Alienation Some of the signs that help you detect parental alienation in your particular situation include: Quick to Anger : If a child is actively being alienated, he will be under a great deal of stress and it is unlikely that they have the skills to deal with that stress and will be quick to anger. Suffering from Low Self Esteem : When a child is told and believes that his other pa...

Co-parenting with a Narcissist

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 Is it possible you may be co-parenting with a narcissist? What is a Narcissist? A  narcissist is a person with a personality disorder  with a long pattern of abnormal behavior characterized by exaggerated feelings of self-importance, a person who has an excessive need for admiration and also has a lack of empathy. Medical diagnoses are listed in a manual called the DSM. The DSM stands for the Diagnostic and Statistical Manual of Mental Disorders (DSM–5). This manual has defined a  narcissist  as having the following traits: Grandiosity with expectations of superior treatment from other people Fixation on fantasies of power, success, intelligence, attractiveness, etc. Self-perception of being unique, superior, and associated with high-status people and institutions Need for continual admiration from others A sense of entitlement to special treatment and to obedience from others Exploitation of others to achieve personal gain Unwillingness to empat...