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Recent Blog Posts
What Should I Do If My Child’s Other Parent Is Not Paying Child Support?
Unmarried or divorced parents have a legal obligation to financially support their children just as married parents do. Unfortunately, some children are forced to live without the monetary support they need when a parent does not pay his or her court-ordered child support. Illinois courts do not take child support nonpayment lightly. Stern laws have been enacted to enforce child support orders and punish parents who do not pay. If your child’s other parent is not paying child support, read on to learn about your options under Illinois law.
Child Support Is Only Enforceable When It Is Ordered by the Court
If you and your child’s other parent only had a casual agreement that they would pay you a certain amount of money in child support, it is going to be much more complicated for you to collect this payment. Illinois courts can only step in and enforce support obligations when there is a court-authorized, legally-enforceable child support order. Fortunately, there are several ways you can acquire this court order.
The Dangers of Fake Real Estate Listings and Rental Scams
When you are going through the process of a finding a new home, it understandable that you might feel overwhelmed and exhausted by all of the details. Whether you are looking to buy a new house or just to rent for right now, you have probably spent hours trying to find a place that meets your needs and those of your family.
Sadly, it is all too common in the internet age for unsuspecting individuals who have been worn out by their search to fall prey to online scammers. Even homes listed by qualified real estate agents are often involved in such scams.
Beware of Out-of-State Landlords
A successful real estate agent in the neighboring state of Missouri recently reported that she has just barely prevented at least two scams in six months involving properties for which she was contracted to sell. In one instance, she received a call from prospective renters who were ready to send a deposit to someone in Texas, despite the property being in the north part of Kansas City, Missouri. Apparently, an online scammer had used pictures from the agent’s sales listing and posted the property as a rental on Craigslist. In the post, the scammer purported that she was frustrated with her real estate agent, so she was trying to rent out the property on her own. Fortunately, the would-be renters go a hold of the agent before sending the money to the scammer.
How a Special Needs Trust Can Benefit You and Your Family
It can be terribly challenging to plan for a time when you are not around to care for your loved ones. However, facing this reality by making an estate plan is one of the most selfless actions you can take. This is an especially true if you have a child, sibling, or other close loved one who has a serious disability. If you have been responsible for caring for a loved one who cannot care for himself or herself, you may want to find a way of providing for him or her after you pass away. One way to do just this is through an estate planning tool called a special needs trust.
Planning for the Care of a Loved One with Special Needs
A special needs trust or supplemental needs trust is an estate planning instrument that can be critically important to individuals who have a disabled loved one in their care. This instrument works by allowing the caregiver to place funds in the trust, which can then be used for the future care of their disabled loved one. A special needs trust allows you to put aside money for your loved one without affecting the disabled person’s eligibility for government assistance programs. Special needs trusts can be funded through gifts and inheritances or a lump-sum settlement. Without a special needs trust, money left to your loved one could potential disqualify him or her for certain government aid programs.
Reward-Based Crowdfunding Can Result in Legal Problems for Entrepreneurs
One of the countless ways the internet has changed the business world is through the introduction of online crowdfunding. Through websites like Kickstarter and IndieGoGo, entrepreneurs can obtain the capital they need to begin businesses and create products. These websites are referred to as “reward-based crowdfunding” because there is generally an incentive for people to invest in the various projects. Funders may receive the actual product being developed or other benefits in exchange for their investment. Although raising capital in this manner has been wildly successful for some entrepreneurs, others have found themselves in legal trouble after becoming involved in a crowdfunding campaign.
You May Be Entering into a Contract Unknowingly
Because crowdfunding is relatively new, the legal ramifications of failed crowdfunded projects are not completely understood. Recent lawsuits against some entrepreneurs who used crowdfunding to gain resources prove that crowdfunding is not a perfect solution for those lacking start-up funds. If you wish to use crowdfunding to finance your project or business, it is vital that you understand the risks that should be avoided.
How Are Spousal Maintenance Decisions Made in Illinois?
If you are considering divorce in Illinois, you probably have many questions. One of these may be about whether or not you will be required to pay alimony, or spousal maintenance. Spousal maintenance is designed to help financially support a lesser-earning spouse after a divorce. While spousal maintenance is awarded less often now than it was in the past, there is still a possibility you will be required to make spousal maintenance payments. Read on to learn about alimony laws in Illinois, as well as how recent federal tax law changes can affect the amount of alimony spouses pay and receive.
Spousal Support Basics
Spousal maintenance, or spousal support, can often be a contentious issue during a divorce. Courts examine many factors when deciding whether or not a spousal maintenance order is appropriate. When making spousal support decisions, Illinois courts typically consider:
Top Four Reasons You Need a Real Estate Attorney When Buying Your New Home
For many people, home ownership is a big part of living the proverbial “American Dream.” That being said, your home is probably the most valuable purchase you will ever make in your life. If you are buying a house for the first time, you might not realize all of the steps that are involved and how complex each of them can be. Throughout the process, there will be many variables to take into account and problems to avoid.
In many cases, homebuyers work with a real estate broker or an agent to help them find the right home and to streamline the process. Your agent, however, is only a part of the bigger picture. A qualified real estate lawyer can provide the legal protection you need along the by:
- Acting as an advocate. Your real estate agent might be friendly, helpful, and charismatic, but the main goal of an agent to facilitate the sale of the home. This means he or she will often be an intermediary between the buyer and the seller. A lawyer, by comparison, is dedicated to protecting your interests, regardless of whether a sale takes place;
Benefits of Utilizing an Advance Healthcare Directive in Your Illinois Estate Plan
For many people, it can be hard to know which estate planning tools and documents are appropriate for their circumstance. Estate planning has become almost synonymous with a Last Will and Testament, but drafting a will is by far not the only important aspect of estate planning. One estate planning tool which you may not have heard of is an advance healthcare directive—the most common type of which is a living will. A living will allows a person to make decisions about their potential future medical care in advance. If you are someone who wants to have a say in the types of medical intervention you could receive if you become incapacitated through illness or injury, an advance directive may be right for you.
A Living Will Puts You in Control
Few would argue that medical advances made in the last several decades are anything short of remarkable. Many people are able to survive and even recover from illnesses and injuries which would have led to death even just a few years ago. Because of this, more and more individuals are realizing how important it is to make decisions about medical treatment and end of life care in advance. A living will allows you to dictate the types of medical intervention you do and do not want if you are incapacitated by illness or injury. More specifically, a living will can allow you to:
Is My Spouse Entitled to Half of My Property During an Illinois Divorce?
If you are considering divorce, you probably have several questions and concerns. One of these may the question of how your property, assets, and debts will be split between you and your spouse. In an Illinois divorce, marital property and debt are divided according to “equitable distribution” laws. Of course, determining exactly what is equitable is not always easy, and many factors go into asset division decisions.
Only Marital Property is Divided
During an Illinois divorce, the only property which is subject to division is marital, or shared property. At first glance, it may seem easy to distinguish marital property from separate, or non-marital property. The marital estate, as it is called, generally includes property acquired during the marriage and separate property includes assets which the spouses owned prior to getting married. However, there are many exceptions to these generalizations. Certain gifts and inheritances acquired during the marriage are still considered separate property. However, if separate property is comingled, or mixed, with maritirel property, the funds or property may all be considered marital. For example, if a husband receives an inheritance from a deceased relative during the marriage, this is likely separate property. However, if he then uses these funds to pay for combined expenses, the whole amount may be considered marital property during divorce.
What You Should Know About a Short Sale
While the economy has steadily improved over the course of the last decade or so, things are still not where they should be in many respects. As people experience financial hardships, some are forced to sell off assets, houses included—often for less than they are worth. This is referred to in real estate as a short sale, and it can be quite complex to navigate through on your own.
Short Sale Requirements
Many people are vastly unaware as to how complex a short sale can be, but it can be because there are not only questions regarding the nature of the asset for sale, but also the remainder of the debt or loan that is not being resolved by the short sale. Short sales are only successful if everyone involved (the seller, the bank or other entity holding the loan, and anyone else) agrees to take less money than they might otherwise make. However, a lender does not actually have to agree to a short sale in order for one to go forward, at least in Illinois; only the mortgage holder must agree, and the two are not always the same.
Should My Will Have a No-Contest Provision?
Are you worried about what will happen to your surviving family members after your death? Maybe in the course of your conversations about your estate plan, you have seen warning signs that your children or other loved ones are not thrilled about your decisions. Or, perhaps you are concerned that one of your family members will be overcome by grief to the point where they cause problems without realizing what they are doing.
If you have such concerns, you may wish to consider adding a no-contest provision to your will. A no-contest provision can help reduce the possibility of your will being challenged after your death.
“In Terrorem” Clauses
A no-contest clause is sometimes known as an “in terrorem” clause. The Latin phrase “in terrorem” translates to “by way of threat.” Put simply, a no-contest provision threatens any heir who files a will contest in an effort to deter fighting between family members after the creator the will dies.
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