Posted on November 26, 2024 in Family Law

As of 2018, one in four parents living with a child in the U.S. were unmarried. This figure was driven by an overall decline in marriage and an increase in births outside of marriage. The 2018 numbers are a dramatic change from decades ago when only 7 percent of parents living with their children were unmarried.

When a couple divorces, the allocation of parental responsibilities is a part of the divorce process. But what happens when you were never married to the father of your child, and you are now separated? Or suppose your ex has taken your child to another state and is refusing to return the child until he is ready?

Since there is no formal agreement sanctioned by a judge, do you have any recourse in such a situation? Should you contact law enforcement? If you find yourself in such a situation, speaking to a St. Charles, IL allocation of parental responsibilities lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC can help.

Continue Reading ››

 Posted on November 14, 2024 in Divorce

Sherwood Schwartz, the creator of Gilligan's Island, happened to read an article in The Los Angeles Times in 1966 that mentioned that 30 percent of all American marriages had one or more children from a prior marriage. Schwartz's next television creation was The Brady Bunch, a show about a husband and wife with children from previous marriages.

Blending the two families made for an entertaining television show while highlighting some of the more complex aspects of a blended family, although whether Mike and Carol had a postnuptial agreement was never a topic. Today, more than 50 percent of U.S. families are blended families, with more than 50 percent of children under the age of 13 living primarily with one biological parent and that parent's new partner.

Continue Reading ››

 Posted on November 14, 2024 in Family Law

Perhaps your child is now a teenager and is refusing to spend time with his or her other parent. This could be because the teen and the other parent do not get along well, the teen has many extracurricular activities and does not want to take the time, or a myriad of other reasons.

Regardless of the reason, what can a parent with court-ordered parenting time do when his or her teen continues to miss scheduled times? What about the primary residential parent? Is he or she responsible for making the teen spend designated parenting time with the other parent?

As any parent of a teenager knows, it can be difficult to make a teenager do something he or she does not want to do. Spending time with a resentful, sullen teenager can be just as painful as not seeing him or her at all. If you are facing this type of situation, it is time to speak to a knowledgeable Wheaton, IL parenting time lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.  

Continue Reading ››

 Posted on October 24, 2024 in Family Law

Forty of the most elite colleges across the United States are facing allegations that they overcharged students whose parents are divorced. The lawsuit was recently filed in an Illinois federal court, and while it is not currently a class action lawsuit, there is a push to make it a class action suit to account for the number of students who were allegedly harmed. The lawsuit alleges the non-profit College Board conspired with universities to artificially inflate what students were charged based on an examination of the assets of noncustodial parents (those with parenting time rather than the primary residential parent).

Dartmouth, MIT, Yale, Brown, Georgetown, and Harvard are among the universities facing allegations of collusion and price fixing in this antitrust lawsuit. According to the lawsuit, in 2006, the College Board began pushing universities to agree to consider the income and assets of noncustodial parents when making determinations of financial aid. At least 20,000 students have been negatively impacted over the past two decades by this practice. Some universities required that noncustodial parents provide financial information, thus increasing the amounts the students were required to pay.

Continue Reading ››

 Posted on October 24, 2024 in Family Law

A Cook County divorce court judge has jailed a man for two years because he refused to pay his ex-wife a court-ordered settlement of $10 million. Although the man has maintained he does not have the money, the judge remains unmoved. The man is now attempting to persuade a state appeals panel to allow him to trade his jail cell for home confinement.

During the past 27 months the Illinois man has spent in jail, there have been no evidence-based findings on whether the man's contempt charge and subsequent jailing are coercive, or primarily punitive. Civil judges, including family law judges, are not allowed to take punitive actions to persuade an individual to pay a court-ordered settlement.

Under the final divorce decree, filed in 2011, the court determined the man was worth about $7.3 million and that the couple's marital property included 320,000 shares of stock. While the court found that a portion of the shares were held separately from marital assets, it ordered 140,000 shares to be liquidated, and the proceeds given to the wife.

Continue Reading ››

 Posted on October 24, 2024 in Sexual Harassment

Hospitality workers – those who work in the food and beverage service and motel/hotel industries – face more incidences of sexual harassment than any other profession. In addition to employing a vulnerable demographic (young and often female), there are unique workplace risks and low confidence in protections from employers. Sexual harassment is pervasive in this industry, impacting not only individual victims but also entire organizations.  

A Cornell University study found that those who work in industries with high levels of sexual harassment have a more difficult time identifying inappropriate workplace behavior. In other words, it occurs so often among certain industries and certain demographics that those who experience sexual harassment have, unfortunately, grown used to it. More sexual harassment claims are filed in the restaurant industry than any other, with as many as 90 percent of women and 70 percent of men reporting they have experienced some form of sexual harassment. That 90 percent compares to 30 percent of women in other industries.

Continue Reading ››

 Posted on October 09, 2024 in Family Law

Some of the most critical issues in a divorce involve the allocation of parental responsibilities, formerly known in Illinois as child custody. The parents may share parental responsibilities, with the child living more or less equally with both parents, or one parent will be designated as the primary residential parent while the other will have less parenting time. The court will consider a number of factors when determining parental responsibilities.

The overarching theme will always be the best interests of the child. But what happens when children express a clear preference on which parent they want to live with? Does this impact how the judge will determine parental responsibilities? If you find yourself in this situation, it can be hurtful to find that your child does not want to primarily live with you.

Continue Reading ››

 Posted on October 09, 2024 in Sexual Harassment

Most women will almost certainly find it disheartening to know that the 10th Annual Women in the Workplace report found sexual harassment in the workplace is just as common for women today as it was five years ago. Despite the fact that women in the United States now constitut half the labor market and almost six in 10 college graduates, many women still face sexual harassment in the workplace.

Despite the #MeToo movement to improve the workplace for women, significant challenges remain. Sexual harassment remains commonplace in companies across America, with a staggering 40 percent of working women experiencing some form of sexual harassment. Currently, women under 30 are just as likely to experience sexual harassment in the workplace as those over the age of 30, and only about half of the women surveyed expressed confidence that an employer would take steps to deal with the sexual harassment.  

Continue Reading ››

 Posted on October 09, 2024 in Family Law

If you are receiving court-ordered spousal maintenance from your ex – or are in the middle of divorce proceedings and expect to receive spousal support – when you hear that they are filing for bankruptcy, it can be alarming, to say the least. You may wonder whether your ex will be required to continue to pay your spousal support payments even though they are filing for bankruptcy.

How could the bankruptcy affect child support or even the division of assets if your divorce is ongoing? The timing of the bankruptcy will have some bearing on the level of financial impact you could be dealing with. It will also be helpful to contact a knowledgeable Wheaton, IL spousal maintenance attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC to discuss the specifics of your situation.

If I Am Still Married, Does My Spouse Need My Cooperation to File for Bankruptcy?

Suppose you have just filed for divorce. In response, your spouse immediately files for bankruptcy. How will this affect a potential order for spousal support, child support, and the division of marital assets? Your spouse does not need your cooperation to file for bankruptcy. This means that while issues regarding child support and the allocation of parental responsibilities will not be affected by the bankruptcy, the division of marital assets and spousal support could be.  

Continue Reading ››

 Posted on September 26, 2024 in Sexual Harassment

Recently in the news, a female state senator on the West Coast allegedly forced a former staffer/aide to perform sexual favors for her while she was his boss. The staffer is now claiming that this "relationship" left him suffering from back and hip injuries. The married aide claims he was pressured into sex acts while he traveled with the senator over a period of years and felt compelled to comply to protect his job.

The aide further alleges that he suffered a debilitating back injury after performing a sex act on the senator in a car, leaving him with a collapsed hip and three herniated discs. After using his injury to reject further advances, the aide claims the senator retaliated, sending him a disciplinary letter that included allegations of inappropriate behavior. Although both parties' allegations, if true, clearly involve sexual harassment, could the injuries that resulted from the alleged harassment also be compensated under Illinois workers' compensation?

Continue Reading ››