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For your child's sake, don't let your ex get under your skin
Adjusting to the role of being a single parent after a divorce can be a challenge. Whereas you once had unfettered access to your child, your parenting agreement will dictate when you will be able to be together. This can cause feelings of loneliness, frustration, and even anger if your ex is acting in a manner you feel undermines your ability to spend time with your child.
Admittedly, this can be a bitter pill to swallow. But in the long run, you will likely be best served by doing what you can to accept the situation. The fact is, allowing yourself to be aggravated by that which you have no control over is very stressful. You should also remember that your ex's behavior does not override your value system and the values you want to instill in your child. You have the ability to have a very positive effect on your child's life just by teaching him or her the important things that you believe in.
But even as you are working to make life better for both yourself and your child, things can become contentious and complicated if your ex is not willing to cooperate. Pre-divorce, this lack of cooperation may manifest itself in your spouse making unfair or unreasonable demands regarding the terms of custody. If this should happen, you need to do your best to remain calm and stand up for your rights as a parent.
Child support and uninsured medical costs
Uninsured medical expenses refer to any expenses which are not covered by insurance including deductibles, prescriptions, and other medical costs. Parents are expected to pay for their child's uninsured medical expenses in addition to their primary child support obligations. These are also called extraordinary medical expenses as they exceed the allowable limit of medical expenses in a basic health care plan.
State laws regarding uninsured medical expenses are different for different states. Some states require parents to contribute a certain proportion of the expenses based on their monthly income. Other states require non-custodial parents to contribute to the cost according to a certain percentage already set up in a child support payment.
It is always important to check your state laws for this process. It is also important to check for timings, notice and a reasonable contribution of the expense by the other parent within a specified time. Courts have the authority to decide the amount of reasonable expenses, which varies case to case. The payment procedure may include direct payment to the other parent who is incurring the cost. It is important to keep all receipts intact, making copies of bills and prescriptions, and informing the other parent of the costs in a timely manner.
Classification of different crimes
A crime can be classified into two types: substantive criminal law or procedural criminal law. Substantive law is the set of laws that decides how members of the society must behave. Substantive law defines rights and responsibilities in civil law and crimes and punishments in criminal law. It may be classified in decrees or exist through a model in common law. For example, it must be proved that a defendant entered a dwelling with the intent of committing a felony. Only then would it be considered a burglary. It may be considered a misdemeanor if the defendant proves otherwise. The substantive consequences of a crime are severe. For example, a felony may see a defendant lose their right to vote.
Procedural law is a set or rules that determine how court proceedings take place in civil and criminal proceedings. According to the Fourth Amendment, police officers are allowed to make warrantless arrests on the basis of suspicion. The officer must have a proper reason to do so. In the case of a misdemeanor, the officer may make an arrest only if he's seen the crime happening. Officers are usually allowed to use deadly force while arresting a felon.
Types of misdemeanor charges
Misdemeanors are criminal charges that are less serious than a felony. Misdemeanors are generally divided into three types; gross misdemeanors, ordinary misdemeanors and petty misdemeanors. Gross misdemeanors are the most serious and may lead to time in a county jail. On the other hand, petty misdemeanors are minor cases that lead to less jail time and a fine. Misdemeanors are more serious than infractions because the defendant might face jail time.
Misdemeanor cases are often flexible and prosecutors discuss the charges with the judge. The judge has the right to pursue misdemeanor or felony charges. There have been cases in which the judge has compromised between a misdemeanor and a felony charge. For example, sentencing the defendant to a fine as well as an incarceration period is somewhere in-between a felony and a misdemeanor. Some states are strict about the charges faced by the defendant, and do not allow judges to sway from the initial charges.
Federal misdemeanor charges are divided into three classes; Class A, Class B and Class C. Class A misdemeanors are punishable by six months to a year in prison, while Class B misdemeanors are punishable by one to six months in prison. Defendants facing Class C charges may spend up to 30 days in prison. Federal offenses that lead to jail time less than 30 days are called federal infractions. But unlike infractions, misdemeanor charges can have a long-lasting impact on your life and reduce your chances of getting a job or scholarship in the future.
3 Common Child Custody Mistakes
If you are going through a divorce and have children, it's an inevitably overwhelming time. There's a good chance this is your first time dealing with the legal system, and it's confusing and complicated. Add in the emotional turmoil that comes with ending a marriage, and you might feel totally lost.
But when it comes to matters of custody (or parenting responsibility and parenting plans), it's critical that you are informed and educated. Custody decisions involve the most important people in your life - your children and it's important that you protect them as best you can by avoiding some of the most common mistakes.
Making Decisions Out Of Anger
Custody cases most often stem from divorces, and most divorces don't stem from a happy place. Even in the most amicable types of divorce situations, there is likely still some contention. It's hard to put all emotions aside and make good decisions, especially during one of the most challenging and stressful times of your life.
What those who've been charged with domestic battery should know
It can prove to be a truly frightening experience when a person finds himself or herself escorted out of their home in handcuffs to the back of a waiting squad car, only to be driven to the local precinct and booked for domestic battery.
Indeed, they may wonder how they went so quickly from being engaged in a heated argument with their significant other — and a regrettable loss of temper — to a jail cell. They may also wonder about the potential consequences they are facing from imprisonment and fines to an order for protection and damage to their reputation.
In recognition of the fact that individuals facing domestic battery charges inevitably and understandably have a multitude of questions, today's post, the first in a series, will start taking a closer look at how Illinois defines this criminal offense.
What is domestic battery?
State law provides that a person commits domestic battery when they 1) intentionally cause bodily harm to a family or household member, or 2) make physical contact with a family or household member in an insulting or provocative manner.
Rushing through divorce proceeding can be costly
Splitting up with one's spouse can have a drastic effect on one's emotions along with one's finances. It is natural for a person in Illinois to want to get the divorce process over and done with as soon as possible. However, rushing through the process can be costly in the long run.
One of the first important steps to take when going through divorce is to examine all of the assets in existence. These include current accounts along with noncash assets and future interests, such as start-up stock options, pensions and business interests. Any income that was earned prior to the marital split-up but will be received afterward, such as bonuses, must also be included.
One should also pay attention to the tax implications of various divorce settlements. This involves comparing nontaxable assets with taxable ones. For instance, the party getting the $200,000 marital home faces different tax circumstances compared to the party getting an individual retirement account, or IRA, with $200,000 in it. The tax on a traditional IRA makes the IRA not worth what it appears to be worth on paper.
Protecting college savings plans possible during divorce
Individuals going through marital dissolution in Illinois may naturally focus on how they will divide monetary assets and address the family home. However, one question that many people never consider before getting a divorce is what will happen to college savings accounts. These include 529 assets that have been accumulated for the benefit of one's children.
One concern that a divorcing individual may have is that his or her ex in the future could change a 529 account's beneficiary from the child for which the funds were originally intended to himself or herself, for his or her own college expenses. The person could also decide to withdraw the assets for a child he or she has with a future spouse. It is for this reason that it is necessary to spell out in a separation agreement that the 529 savings plan's funds should be used only for the beneficiary named.
Other various options are available for addressing a child's savings during a divorce proceeding. For instance, a person could establish a trust or divide 529 assets into two separate accounts within a single program. An existing 529 plan could also be modified to a custodial account.
Divorce typically follows holidays and summer vacation
Although people in Illinois decide to get divorced all times of the year, August appears to be the most popular month for dissolving a marriage. The next most popular month for divorce filings is March. These two months are considered peak months for ending a marriage for multiple reasons.
The holiday season is not a preferred time for getting a divorce simply because people want to remember the holidays as a happy time. In addition, sometimes people try to hold out during the holiday season with the hopes that their marriage will be rekindled during the holiday season. The same is true for the summer months, during which people might try to make their marriage work during the family vacation season.
During periods of economic recession, divorce filings typically go down altogether. These are periods of uncertainty, during which a person or his or her spouse may be laid off and need to financially depend on the other party. In the same way, getting divorced when the real estate market is sinking is also not the best idea because of the uncertainty of the financial aftermath of the situation.
Splitting up assets can cause stress during divorce
An Illinois divorce is usually a stressful process full of emotional and the financial struggles. Financial battles in particular can occur over valuable assets. A couple of tips might help people to protect their financial interests during divorce.
First, it makes good sense to list all of one's debts and assets. In doing so it, is beneficial to specify who is responsible for each debt as well as who owns each asset. Any debts accrued or assets accumulated before the marriage typically remain with the parties who brought them into the marriage.
When dealing with the division of marital assets and property, what might appear to be equal very well might not be. As an example, a home that is valued at $200,000 is really worth only $100,000 if there is a $100,000 mortgage on it. Thus, the $200,000 house cannot be considered as equivalent to a retirement plan worth $200,000, even though it appears to be that way at first glance on paper. Moreover, the house requires upkeep, which must be considered when comparing it to other assets.
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