The default section in a lease lists the set of conditions upon which a landlord may terminate a lease or tenant’s right to possession, as well as landlord’s remedy. The default remedies are significant and can severely impact a tenant. This section should be reviewed to minimize the risk that landlord will be able to ever put tenant in default and seek a remedy. Default Triggers are Stiff The default provision typically will say that a default occurs in the event tenant fails to pay rent when due or with a few days of when due. Having a few days’…
Another Chicago-area cyclist has been killed in a hit-and-run. This most recent tragedy unfolded this past Tuesday in Elgin when a reckless driver struck and killed one cyclist and left another critically injured. According to the Chicago Tribune and the Elgin Police Department, the shocking timeline began around 4 pm near East Chicago and Villa Court when the driver, Lance C. Neal of Elgin, IL struck his first victim. That victim was able to flag down police in the area who then pursued Neal. As police attempted to stop him, Neal fled at a high rate of speed. Unfortunately,…
Child support in Illinois is determined by the two parents’ incomes.  The two incomes go into a formula which “reflects the percentage of combined net income that parents living in the same household in this State ordinarily spend on their child.” 750 ILCS 5/505(a)(1) This formula is called the “child support guidelines.” Unless the “court makes a finding that application of the guidelines would be inappropriate” 750 ILCS 505(a)2), one parent will be paying the other parent guidelines support. Child support in Illinois is then determined as follows: “Computation of basic child support obligation. The court shall compute the basic…
Most people’s exposure to the legal system is usually in the form of crime movies where the alleged criminal says “I plead the fifth” in order to avoid testifying to something.  The movie judge, inevitably, shrugs their shoulders and the alleged criminal doesn’t have to testify.  Does this happen in real life? Specifically, can you “Plead the Fifth” during an Illinois divorce case? What Is “Pleading the Fifth” or “Taking the Fifth” The Fifth Amendment of the United States Constitution has a clause which reads, “No person… shall be compelled in any criminal case to be a witness against…
A marriage can have a significant impact on your estate plan. Married couples generally create an estate plan together— all or most of the marital assets are typically passed onto the surviving spouse. Only when he or she passes does the estate plan take effect. However, this is not always the case, particularly if one of the spouses has children from a previous marriage, or if there is a large age difference between the spouses. Moreover, if you are in the middle of a separation or a divorce, which can take over one year to finalize in many…
Every single year, upwards of 6 million motor vehicle collisions occur throughout the United States. Approximately 50% of those car accidents result in injuries of some kind. Statistics compiled by the Centers for Disease Control and Prevention (CDC) state that 90 people die every day in car accidents throughout the United States. While some car accidents occur when all drivers involved are operating their vehicles safely, many of these collisions are the direct result of driver negligence. Below we will examine some of the most common forms of driver negligence, and how you should react if you or a…
When parents get divorced, there are many things that suddenly become a topic of concern for their children. Once you determine how you will split parenting time, you can then begin to calculate how much child support will be paid by whoever has the least amount of parenting time. In the state of Illinois, child support calculations take into account both parents’ incomes, the number of children, and the amount of parenting time that is allocated to each parent. Child support may also include a child’s medical expenses, which either or both parents can be responsible for. Child…
With the divorce rate rising on an annual basis, there is no doubting the fact that there are thousands of unhappy marriages throughout the United States. While most people would simply assume that all unhappy spouses would pursue a divorce, the truth is that things can get complicated. Things can become especially challenging to sort out when children are involved. Many Americans falsely believe that staying in an unhealthy marriage is the best thing they can do for the well-being of their child. In truth, pursuing a divorce and seeking happiness for yourself is oftentimes incredibly beneficial to the mental…
Compared to many other countries in the world, the United States is fairly young, with rather unique founding principles. Though the U.S. is well known for certain freedoms such as gun ownership, the country also has a reputation for being a good place to live if you want to be a business owner. According to the U.S. Small Business Administration, there were around 30.7 million small businesses owned and operated in the country in 2019. Owning a small business can be extremely fulfilling, especially if it is a family-run business. However, owning a business can also pose some unique
Domestic and sexual abuse are far too prevalent in the U.S. According to data from the National Coalition Against Domestic Violence, one in three women and one in four men are victims of physical violence by an intimate partner. These eye-opening numbers reveal that domestic violence or stalking victims are often targeted by loved ones. The state of Illinois has taken it upon itself to protect these victims, allowing them to take action against their stalkers or abusers. If you are facing such charges, whether they have substance or not, it is imperative that you are aware of the terms…
The number of people who have been affected by the cyclospora salad outbreak has increased since we last reported it in June. As of July 24, 641 people in 11 states are confirmed to have contracted cyclospora, as well as more than 100 other people in Canada. Illinois has been the state with the most people infected, with 241 reported cases. Dozens of people have been hospitalized but no one has died. The cyclospora outbreak was linked to garden salads produced by Fresh Express in its Streamwood, Illinois, facility. Fresh Express has recalled the packaged salads, which were sold under…
The stereotypical depiction of divorce is often more fiction than fact. You have likely seen couples in movies screaming at each other from across an empty courtroom as a judge tries to get control over the proceedings. While this may be the case for divorcing couples who have a complex, contentious relationship, most spouses keep things out of the courtroom. Before making a decision on how you would like to pursue your divorce case, you should be aware of your legal options in Illinois. In order to appeal to the varying dynamics between divorcing couples, many law firms offer a…
Today, USCIS announced a final draft for a rule change proposal that will not only affect key application forms, but also significantly increase processing fees. We are still wrapping our heads around this 576-page proposal, but so far, these are the main changes: Increase in fees by a weighted average of 20% Adds a $50 fee for asylum applications Removes the proposal to transfer money to ICE Establishes multiple fees for nonimmigrant worker petitions Limits the number of beneficiaries for certain forms As Chair of AILA’s Media & Advocacy Committee, Fiona is working closely with other immigration experts monitoring…
Accidents often occur when people least expect it. Depending on the situation, a person can suffer minor bumps and bruises to severe and long-lasting complications. Injuries can happen even when safety precautions are taken. However, they can also take place due to another party’s negligence. A common shoulder injury is a torn rotator cuff. Although typical in sports-related accidents, tears in the rotator cuff can occur as a result of falling onto hard pavement after slipping and falling or sudden impact such as from a car accident. It is important for anyone who is involved in those types of…
Driving is considered a privilege in many states, including Illinois. There are many traffic violations that can result in the loss of your driving privileges. Some of these include driving under the influence (DUI) of drugs or alcohol, aggravated speeding, and leaving the scene of a car accident with injuries, to name a few. Depending on the severity of the moving violation, a person can have his or her license suspended or revoked for months or even years. In order to reinstate your driver’s license after a suspension, there are several legal steps that must be taken. An…
payments after a divorce in Illinois are determined via the Income Shares model. This calculation method takes into account the parents’ income and if the parents have a shared parenting arrangement, each parent’s allotted parenting time. Either parent may request a modification, or adjustment, to the child support order, however, these requests are not always granted. Sometimes, a parent may try to change a child support order in such a way that it places an unfair burden on the recipient parent. There are some situations in which it may be best to contest a child support modification request. How…