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Child support payments don't usually automatically go up or down every year or with every pay increase or decrease. One of the parties has to file a petition with the Court and request a modification. After the Court reviews and rules on the petition, the payor's support obligation will be modified (if appropriate). The Court can, however, make the new amount retroactive to the date of the filing of the Petition. To find out more about modification of child support contact one of our attorneys. Our office is conveniently located in Naperville and we are also available for meetings in Chicago and in Will County.
Another friendly reminder that the police will be out in full force this weekend due to the holiday. Although their focus will be on impaired drivers, they will not hesitate to pull over speeders and other traffic offenders. So...fasten your seat belts, put down your cellphones, stop at all stop signs, use your turn signals, and keep your speed to a minimum. Remember, speeding 26 miles per hour or more above the speed limit is now a misdemeanor. If all else fails and you end up with a ticket, give us a call for a free consultation, either in person or over the phone!
Make sure your child is restrained properly using the correct car seat or seat belt. Although requirements are in place to ensure your child's safety, failure to properly secure your child within your vehicle may also be a violation of the law. For more information on which car seat is right for your child, feel free to visit the below links for guidance:
Secretary of State
Parents Center
National Highway Traffic Safety Administration
Speeding in a construction zone is an unsightly blemish on your driving record that you should try to avoid at all costs, whether by avoiding the ticket altogether or fighting it in court. Even though it is a petty offense that you may walk away from with only a high fine, it is taken very seriously by judges and prosecutors due to increased concerns for the safety of workers.
Be aware when entering a construction zone that the speed limit is almost always reduced. Signs must be posted warning drivers that they are about to enter a construction zone and advising them of the maximum speed allowed within that particular construction zone. Most people don't realize that the reduced speed limit applies whether workers are present or not. Avoid the common misconception that if you don't see any workers, you can avoid the special speed limit. That is not the case!
The fines imposed for violating speed restrictions within a construction zone are much higher than those imposed for a normal speeding ticket. Fines start at $250 for a first offense and jump to $750 for a second offense. An additional $125 (for a first offense) or $250 (for a second offense) will be added to your fine, which is deposited into the state or county Transportation Safety Highway Hire-back Fund. These minimum fines are statutory, which means that neither the prosecutor nor the judge can lower them. One more thing to note about speeding in a construction zone when workers are present is that a second offense within 2 years from the date of the first offense carries with it a mandatory suspension of your driving privileges for 90 days. So please drive carefully this summer, and anytime you enter a construction zone! Should you find yourself with a construction zone ticket, contact J. Aldrich Law, P.C. for a free consultation. We will fight to help you avoid the negative consequences that accompany this special violation, such as increased insurance rates and unfavorable treatment from prosecutors and judges when dealing with a future traffic ticket.
Believe it or not, it is not a violation of your 4th Amendment rights for an officer to pull you over based on a random license plate check even if you have not committed any moving violations. If the owner of the vehicle you are driving has a suspended or revoked drivers license or registration, you may be pulled over to allow the officer an opportunity to further investigate whether your license is valid. This was recently upheld again in the Second District case of People v. Black Chevrolet Corvette. The stop could lead to further searches of you or your car if the officer becomes "reasonably suspicious" that you've committed some other offense.
It is important to update your Last Will and Testament upon finalization of your divorce. The entry of your divorce decree (Judgment for Dissolution of Marriage) does not automatically remove your former spouse from your Will. If your former spouse remains listed as a beneficiary in your Will at the time of your death, he or she will be entitled to those assets awarded to him or her pursuant to your Will, despite the fact that you divorced, unless you amend or revoke your Will prior to your death. Additionally, if your Will is inconsistent with your beneficiary designations for your life insurance policy and/or retirement accounts, such discrepancies may cause your former spouse or other descendants to challenge your Will, which will delay the administration of your estate. To ensure that your final wishes are met, call us for a free consultation to discuss any changes you may need to make to your Will upon divorce or other life-changing events.
Your child's graduation from high school and turning 18 doesn't mean that support obligations are necessarily over. In Illinois, the Court can hear a petition regarding contribution towards a child's college expenses. A parent's college contribution will be based, in part, on his or her ability to pay. There are other multiple factors that the court may also consider and the child may also have to contribute towards his or her higher education. The issue of contribution towards college expenses can become very complicated, therefore, it is important to have legal representation when faced with this issue. To find out more about this, or any other child support and divorce related questions, call our office for a free consultation.
For those of you who pay child support or maintenance (alimony), make sure to take a look at your Judgment for Dissolution of Marriage or Custody Judgment now that tax time is here. In many instances, parties paying support are required to tender copies of their tax returns to their former spouse or significant other within so many days of filing them. Some people are required to pay additional support if their income exceeded the amount on which support was based. If you fail to comply with these terms, you may be subject to contempt proceedings, modification of your support payment retroactive to the date you were supposed to tender your returns, the accumulation of interest, and/or payment of your former spouse's or significant other's attorney's fees. If you are uncertain as to whether you are subject to these obligations or if your former spouse or significant other has failed to comply with these terms, call us for a free consultation.
So long as you have been properly notified by a sign or flashing signal, the speed limit in a school zone on school days is 20 miles per hour. Pay attention to the notification posted because the conditions under which the speed limit changes varies among cities, towns and villages. In some instances, the speed limit only drops to 20 mph if children are present during school hours. However, in some school zones, the speed limit is 20 mph on school days regardless of whether children are present, during the hours of 7:00 a.m. and 4:00 p.m. In some areas, the school zone speed limit only applies if a flashing light is activated. When in doubt, it is better to reduce your speed near a school to avoid being pulled over and ticketed. Police officers, prosecutors and judges take these tickets very seriously due to the risk of harm to young children. That is why you cannot receive court supervision even for a first time offense, which means unless you beat the ticket altogether, a conviction will go on your record.
Of course no one is thinking about a divorce when they get married. However, since unfortunately about half of all marriages end in divorce, considering a prenuptial agreement is a great idea. Prenuptial agreement is an agreement between two spouses-to-be that establishes each party's property and financial rights in case of a divorce. It is extremely important that a prenuptial agreement (also called a premarital agreement) be drafted very carefully so that if there is a divorce and one of the spouses wants to challenge the agreement, there will be no room for any challenge. If you would like to learn more about prenuptial agreements, please call our attorneys.
630-953-3000
1700 Park St., Suite 203F, Naperville, IL 60563
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