Posted on October 14, 2015 in Immigration

With the increased frequency of discussion regarding immigration and citizenship questions leading up to the presidential election cycle, some issues debated for years are making their way back into the national mainframe. One of them is the question of birthright citizenship, which commonly becomes confused with other immigration statuses. It is imperative to correct the misinformation being bruited, lest potential immigrants be confused about the status to which they are or are not entitled.

What is Birthright Citizenship?

Birthright citizenship is the modern term for the Latin rule of jus soli, “law of the soil.” Jus soli is the counterpart to the rule of jus sanguinis, “law of the blood,” in that it grants citizenship in a country based on where a child is born, as opposed to where the bloodline of their parents is based. It is a common law rule, meaning that it was passed down to United States jurisprudence from its origins in English law.

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 Posted on October 12, 2015 in Family Law

In the past in Illinois and currently in many states, one of the expenses that is most forgotten about and least likely to be arbitrated comprises the tuition expenses for college. In most families that have not gone through a divorce, it would be the family helping out the non-minor with paying the tuition if it is financially viable for the parents. During a divorce, however, marital property may be divided and the child support may be administered for the daily care of the child; however, other expenses may be overlooked, including the tuition expenses currently incurred (with the child goes to private school), and later, the tuition expenses for that child to go to college.

Pre-IMDMA Illinois Case Law Surrounding Educational Expenses and Tuition

Before the Illinois Marriage and Dissolution of Marriage Act (IMDMA), Illinois made a significant push to incorporate tuition expenses for a non-minor child into the divorce settlement agreement. Many of the issues that came up looked at whether or not the tuition expenses were reasonable. For example, if a child was applying to an expensive private school out of state, would the court provide that as reasonable or should the child be only permitted to attend public college in-state? The court and its past case law provided that the non-minor would have to articulate and explain his/her educational choice and provide a reason why he/she should go to the college (and largely the justification for a more expensive school over a less expensive school.)

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 Posted on October 09, 2015 in Personal Injury

Sometimes a car accident is caused by more than one driver’s mistake. When both drivers acted negligently and there is car crash, Illinois has special rules that deal with how damages are paid out. This is called comparative negligence. Sometimes, insurance companies try and use comparative negligence as a tool to pay out less for personal injury claims.

How Comparative Negligence Works

Every state has its own comparative negligence laws. Illinois has what is called a modified comparative negligence law. Under this approach, drivers cannot collect damage unless they are less than 50 percent responsible for an accident. Any driver who has any portion of fault for an accident will have his or her damages reduced. The total amount of damages will be reduced according to the percentage of fault the driver had in the accident. Consider the following examples:

• Sue is 49 percent at fault for the accident. She can collect damages; however, the damages she collects will be reduced by 49 percent; or

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 Posted on October 04, 2015 in Family Law

Throughout the United States, it is required across the board that all parents have an obligation and duty to care for their children while the children are under the parents’ care. Part of that obligation and duty extends to all parents, not just the custodial ones, where regardless of the relationship that the noncustodial parent has with the child, there is a requirement that the child’s welfare be paid for. Child support was one way to ensure that regardless of the involvement of parents, children (in theory) would have the basic necessities to thrive, even if there is only one parent around.

No Parental Obligation throughout All 50 States to Support Adult Children with a Disability

Unfortunately, it is not a requirement in all 50 states that support be maintained for non-minor children who have a disability. The purpose of child support was to support children who are unable to support themselves. Until children are 18, they are considered minors and the law dictates choices are made for them by their guardians. However, with children with disabilities, depending on the severity of the disability, just because he/she becomes an adult, does not mean that he/she would be able to support him/herself without additional care.

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 Posted on September 29, 2015 in Family Law

After a divorce, the parties involved finally feel they are able to focus on who they are as individuals, now that the couple has ended. Largely, the shift from a couple to an individual creates a sense of renewal, and for many divorcees it may mean buying a new car, getting a new job, or moving to a new town (largely to put a little distance between the ex-spouses). Parental relocation can have significant effects on the children who are caught in between the life they once had as a child of the couple, and now the child of two individuals. Relocation can have a negative impact on children as not only are they dealing with the major life change of their parents separating and not living under the same home, but relocation could mean a new home, a different community, a different school, and new friends.

The Amendment to Parental Relocation

Relocation has always been a significant issue in child custody battles as the courts evaluate, in a joint custody situation, the best interests of the child. Generally, however, the moving parent may still receive visitation and communication rights, but the ability to relocate the child is under the microscope and at times, not permitted. The newest update to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a broader, more relaxed approach to parental relocation by reviewing several factors before ascertaining that a parent loses residential custody of their child.

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 Posted on September 29, 2015 in Personal Injury

Sometimes, if you have been injured in a car accident, you will be required to get an independent medical examination (IME) as part of the insurance claim process.

While you have a right to be treated by a qualified medical professional of your choosing, you may need to be examined by a physician, or other medical professional, who does not know you. There can be some pitfalls in having an IME. These can make it more difficult to get the fair compensation you deserve.

The Purpose of an IME

IME’s may be conducted before a lawsuit is filed, as part of the insurance claim process, or after a lawsuit has been filed. Insurance companies have an interest in making sure they do not pay out more for a claim than is proper. Under both the Federal Rules of Civil Procedure and the Illinois Code of Civil Procedure, defendants in personal injury cases have a right to request that the plaintiff who is seeking compensation for his or her injuries submit to an IME.

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 Posted on September 29, 2015 in Personal Injury

While most car accident cases are settled long before they ever go to trial, the better you understand the trial process the better prepared you will be to work with a lawyer to get the compensation you deserve. Sometimes, the only way to get an insurance company to pay up is to take a case all the way to trial.

What Happens Before You Get to the Courtroom

While every case is different, typically there will be a lot of build up before a case goes to court for a trail. Usually, both sides try and negotiate a settlement. Because you only have a very short time to bring a lawsuit for a personal injury, if negotiations are slow, often a lawsuit will be filed to both help protect your rights and to pressure the other side into offering a reasonable settlement.

Even after a lawsuit is filed, it does not mean a case is going to trial. A judge may encourage the two sides to continue to try and settle the dispute. Lawyers for both sides will exchange discovery. This may include everything from medical records to police reports.

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 Posted on September 25, 2015 in Personal Injury

No matter how experienced of a driver you are, when you get into a car accident you get rattled. Accidents often happen so suddenly; hence, it can be difficult to initially figure out what happened. After every car accident, no matter how small, there are five steps you should take to help keep you safe and to protect your rights.

1. Stop and Stay at the Scene

Leaving the scene of a car accident without first exchanging information and checking on the other driver is a crime. No matter the circumstances of the accident, you will always be better off by performing your duties as a driver.

2. Record Information

Immediately following an accident your adrenaline is increased and you may be in a state of shock. If you are able to safely move, making sure you have the information for any drivers involved in the accident is important. Even if you are a passenger, before you leave make sure to get contact and insurance information. This will make filing a claim easier. Write down the information on a piece of paper, or put it in your phone.

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 Posted on September 23, 2015 in Immigration

When an individual is convicted of a criminal offense, he or she will likely want the situation over and done with as soon as possible. However, the consequences of conviction unfortunately tend to linger. Nowhere is this more apparent than in dealing with immigration authorities, especially since myths abound about the consequences for one’s immigration status after conviction. It is imperative, however, that you do your research, and are aware of what you may potentially face if convicted.

Myth: Only a true conviction and being sentenced after a full trial counts as a conviction for immigration purposes.

False, unfortunately. United States Citizenship and Immigration Services (USCIS) guidelines state explicitly that a “conviction,” for immigration purposes, is defined as a “formal judgment of guilt entered by a jury.” However, there are other outcomes that count as a formal judgment of guilt without going through a trial—for example, a judge finding the suspect guilty (instead of a jury), a suspect pleading nolo contendere (“no contest”) or otherwise confessing.

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 Posted on September 21, 2015 in Family Law

Child custody has been one of the sections of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) that has changed throughout the last several decades. This is because gender roles and responsibilities have shifted, thereby shifting the conventional understanding that it is the mother’s responsibility to care for the children, and the father’s responsibility to support the family financially. Today, there is an increasing trend towards co-parenting, especially when a divorce has been issued; the emergence of stay-at-home dads and the studies that show that two parents is better than one have led to the revolution of the joint custody. No longer is it the presumption that it is in the best interest of the child to have his/her mother as the custodian, but studies have shown that a child is significantly less affected by the divorce and its impact when both parents remain active in the child’s life.

Move from Joint Custody to Co-Parenting Responsibilities and Decisionmaking

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