In most states, the age of majority (when a person is recognized by law as an adult), is 18 years of age or older. A “minor” is a person who is under the age of 18. When a minor breaks the law or causes damage or injury to another person, an animal, or property, the minor’s parents may bear the liability. Many state statutes authorize courts to hold parents financially responsible for the damage caused by their minor children. Some states may even hold parents criminally liable for failing to supervise a child whom they know to be delinquent. Parental Liability for Minors In general, minors ar ..read more

Most people are aware that a surviving spouse is usually entitled to inherit all or a large portion of the estate of a deceased spouse. Fewer understand the effect on estates if one spouse dies during a legal separation or after a divorce. After a divorce, many neglect to change wills that specify bequests to a former spouse or their beneficiary designations for life insurance and retirement accounts. State law may dictate what will happen in such situations. However, provisions and procedures can vary substantially from state to state. Additionally, federal law may be implicated, especially w ..read more

Upon divorce, all debts, property and assets must be divided between the spouses according to applicable percentages set by state law. In equitable distribution states, the court divides marital property (or property acquired during the marriage) according to what is “equitable” or “fair.” In community property states, the court will divide marital property in equal shares, or fifty-fifty. In general, retirement benefits are classified as “property” and are thus subject to division in the event of a divorce. Defined Benefit Plans Generally, a “defined benefit plan” is a retirement plan that wi ..read more

After surviving the holidays, many people are preparing to serve their spouse with divorce papers — and, as one expert notes, that can be a good thing for some households. January typically has a surge in divorce filings as people look for a fresh start on their life. Divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more, stressful in-laws, experts say, with family lawyers reporting a rise of nearly one-third in business in the New Year. One in five couples plan to divorce after the ..read more

Illinois has recently enacted one of the most far-reaching cannabis legalization laws of any state in the country. The law will become effective January 1, 2020, contains provisions for the expungement of cannabis-related offenses. Over the past decades, hundreds of thousands of Illinois residents (and non-residents) have been arrested for cannabis-related offenses and, as a result, have arrest records that have affected their lives by negatively impacting their ability to gain admission to educational institutions, ability to obtain employment, secure professional licensing and in a variety o ..read more

In most states, the age of majority (when a person is recognized by law as an adult), is 18 years of age or older. A “minor” is a person who is under the age of 18. When a minor breaks the law or causes damage or injury to another person, an animal or property, the minor’s parents may bear the liability. Many state statutes authorize courts to hold parents financially responsible for the damages caused by their minor children. Some states may even hold parents criminally liable for failing to supervise a child whom they know to be delinquent. Parental Liability for Minors In general, minors ar ..read more

Most divorces involve a division of property between the spouses. If there are children from the marriage, the parent not granted custody usually must pay monthly child support. In addition, one of the spouses may be granted monthly alimony or spousal support. The resulting tax implications differ, depending on whether such payments are characterized as child support or alimony. In general, for federal income tax purposes, alimony is “deductible” from the income of the paying spouse and is includable in the taxable income of the recipient spouse. Child support is treated exactly the opposite ..read more

Many folks in Illinois have questions regarding Community Property and sometimes travel under the false assumption that Illinois has Community Property. First and foremost let me clarify that ILLINOIS IS NOT a community property state, but here are some clarifications for those of you who do live in such a state. A number of states are “community property” states, meaning that they recognize the concept of community property law. Community property law is dependent on state law and will, therefore, vary somewhat from state to state, but generally, 50% of community property and community incom ..read more

All 50 states have laws authorizing certain nonparent parties, typically grandparents, to seek child visitation rights. These statutes are controversial, and parents often argue that the laws interfere with their fundamental constitutional right to rear their children, which includes the right to determine who may educate and socialize with their children. However, as parens patriae, states are required to protect all citizens who are unable to protect themselves. Accordingly, state legislatures and courts are vested with the power to consider the best interest of their child citizens in ..read more

Couples that seek to dissolve their marriages without the challenges of litigation often turn to alternative dispute resolution. Non-litigation settlement strategies are particularly effective for couples committed to maintaining respectful relationships with their spouses after the divorce, and may also minimize negative consequences facing the children. The following issues, among others, are typically amenable to such settlement strategies: Property divisions Spousal support Interim living arrangements Child support Custody and visitation Divorce Mediation and Collaborative Divorce, Gener ..read more