Posted on July 10, 2017 in Domestic Violence

If you are in a relationship that is suspiciously volatile, you may be wondering if your spouse is abusive. While every case of domestic violence in Illinois is different in terms of severity and circumstance, there are underlying signs you can look for to protect yourself and avoid a potentially dangerous situation.

According to the Huffington Post, there are several indicators that you could look for early on in any relationship that are common traits in abusive situations. These include the following:

• Overprotection and concern: If your spouse seems to be so concerned about you that it borders overprotection, you may want to look closer. He or she may want to know where you are at all times, who you are spending time with and how you are spending your money. If you neglect to respond right away, he or she may make decisions on your behalf or demand a decision from you.
• Excessive gifts: While you may enjoy receiving expensive gifts, too much gift giving is certainly a red flag. If your spouse regularly showers you with unexpected, expensive or excessive gifts, he or she could be trying to distract you from other negative or controlling behaviors.

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 Posted on June 27, 2017 in Child Support

Child support guidelines for figuring how much will be paid are changing this year in Illinois. According to the Illinois State Bar Association, the new support guidelines will go into effect on July 1, 2017. These changes will overhaul how child support payments are calculated to now include both parents income and parenting time.

Prior to the changes, support was figured based on only the income of the parent who would be paying. The new guidelines are referred to as an income shares model, which means it will base support on the average amount of income a two-parent family in the state would spend on raising a child. Also, considered is how much time the child spends with each parent and the total number of children in the family.

Parental income earning potential is also used to figure support amounts. This is based on the poverty guidelines and assumes parents have the potential to make at least 75 percent of the poverty guidelines for a single person. So even if a parent is not working, he or she will be assumed to earn at least this much. If a parent does not earn this much, then they will be assumed to have the potential to earn at least this much. The bottom line here is that the new guidelines may not base calculations off the exact earnings of each parent if they are not earning as much as the poverty guidelines suggest.

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 Posted on June 16, 2017 in Criminal Defense

If you are facing prosecution for a criminal charge in Illinois, representing yourself in court may not be in your best interests. The criminal justice system does not favor alleged and convicted offenders. Self-representation may seem like a cost-effective solution to keep your legal expenses down. However, it can cost you more money, heartache and stiffer penalties in the long run.

Take some time to learn about how self-representation can affect your situation’s outcome.

May not get a speedy trial

The longer it takes for your case to go trial, the more time the prosecution has to gather evidence and build a case against you. You do not know enough about the legal system and the laws governing your situation to ensure a speedy resolution to your case. A criminal defense attorney knows what motions to file and procedures to follow to speed up the process and potentially weaken the prosecution’s case against you.

You may make uninformed decisions

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 Posted on May 16, 2017 in Criminal Defense

Fake IDs are something that you hear a lot about in high schools and even colleges. Most often they are used to obtain alcohol by underage individuals in Illinois. If you are thinking about getting one or helping someone else get one, there are some important things you need to know about the law and what it says about fake IDs.

According to the Illinois Liquor Control Commission, any state ID or driver’s license that is not obtained through the correct means from a proper government agency is illegal. Just having a fake ID in your possession is against the law, even if you do not attempt to use it. Making them, of course, is also a serious crime. Punishment can range from losing your driver’s license privileges to prison time. You can be charged with either a misdemeanor or a felony.

Misdemeanor charges may be rendered against you the first time you are caught trying to use an ID that is not yours. You may also be charged for trying to alter an ID or trying to get an ID using fake documents. If you are caught doing any of these things a second time, your charge would be raised to a felony. You may also be charged with a felony for having a fake ID, meaning it was not issued by a state authority. If you are found to be making or advertising fraudulent IDs, this is also considered a felony. This is general information only and is not intended to provide legal advice.

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 Posted on May 02, 2017 in Child Custody

If you are in the middle of an Illinois divorce, you may be asking yourself daily what is in the best interests of your children. Establishing a solid, mutually agreeable parenting plan is a great step toward helping your children adjust during the transitional period, and it can also help you and the other parent work to prevent disagreements before they occur. At Fawell & Fawell, we have assisted many clients as they navigate the complexities of divorce and related family law matters, and we have a broad understanding of Illinois laws as they relate to these subjects.

Per Divorce magazine, one of the most important steps you can take in creating your parenting plan is to avoid letting your emotions and personal feelings cloud your judgment. Even if your situation is especially acrimonious, try and keep in mind that your children have their best chance to thrive when they maintain relationships with both parents. There are, of course, some exceptions, such as if you suspect the other parent might be abusing substances while caring for your child. Otherwise, it is probably in the best interest of your child to maintain relationships and open lines of communication with both parents.

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 Posted on April 27, 2017 in Prenuptial Agreement

As a recently engaged person, you may have felt elated that your life has reached this point. Of course, once the euphoria of the moment has passed, you likely know that your future marriage will undoubtedly have its issues, as all relationships do. Though you and your future spouse may work through many of the conflicts that could arise, the possibility of facing divorce may have also crossed your mind.

You certainly do not want to enter your marriage thinking that it will fail, but you also likely do not want to count this possibility out. Therefore, you may want to take the time to consider creating a prenuptial agreement in order to protect yourself, your future spouse and other life aspects that hold importance through pre-arranged terms.

Personal debts

With your prenup, you and your significant other can come up with terms that protect each other from debts you each accrue. In the event that you divorce, the terms of your agreement can protect your property from creditors looking to collect on your spouse's debts.

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 Posted on April 19, 2017 in Domestic Violence

A protection order in Illinois acts as a deterrent to help keep people safe from a known assailant. The Illinois General Assembly states that an order of protection can be obtained by someone being abused, neglected or mistreated by a family member, care giver or member of the household. In order to get a protective order, a person must file a petition with the court. If a person already has a related case in court, the petition can be filed as part of that case. For example, if a person is getting divorced and wants an order against the soon-to-be ex-spouse, then it can be filed as part of that case.

The petition must have a sworn statement that the person filing has been abused by the person it is being filed against. Because an order of protection is not a criminal issue, there is not trial by jury option. The hearing will be expedited, though, to help it move through court quickly. A judge will hear testimony and make a ruling on whether to grant the order.

DuPage County offers a checklist to help individuals decide if they meet the minimum requirements for filing for a protective order. The abuse needs to be current, within the last three days, because these orders are designed to stop an immediate threat. In addition, an order will only be awarded is there is a domestic relationship between the person filing and the person it if filed against. Finally, it can only be filed for in DuPage County if the person filing or the person being accused lives in the county or the abuse took place in the county.

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 Posted on April 06, 2017 in Child Custody

If you have ever gone through an Illinois divorce, you know that separating from your spouse involves big changes in many areas of your life. While you may not have to give it the same immediate attention you would, say, finding a new residence, it is important to understand how your divorce may affect your child’s ability to secure financial aid for college. At Fawell & Fawell, we have helped countless clients navigate through separations and divorces, and we have a firm understanding of the various areas in which doing so may impact your life.

When it comes to working your way through the financial aid process after divorce, be honest and upfront about income, but only share what is required of you. The Free Application for Federal Student Aid, for example, looks closely at the income of the “custodial parent,” which, in this instance, refers to the parent with whom your child lived with the most within the last 365-day period.

If you are considered the custodial parent and you remarry, know that your new spouse’s income will also be taken into account in most cases to determine how much financial aid your child is ultimately offered. If you are the noncustodial parent, your income will typically not need to be included, although any child support you pay to the custodial parent generally does.

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 Posted on March 22, 2017 in Child Support

When a parent is getting divorced, many different legal issues can have big impacts on them and their children. This includes issues regarding child support. One thing that can play a very big role in what happens when it comes to child support in an Illinois divorce is the formula for calculating child support in the state.

This formula is about to undergo some major changes. The changes were approved last year and will take effect at the start of this July.

Currently, the state's child support formula involves hard percentages. Under the changes, this will be scrapped in favor of a new calculation method. This new method will factor in things such as the incomes of both parents and the parenting time distribution among the parents. These changes could have a range of impacts on what child support matters end up looking like here in Illinois.

There can be growing pains associated with any change in family law. Among the concerns that have come up regarding the upcoming child support formula changes are concerns that they could create some complicated situations when it comes to child support matters in the state. One wonders how the transition to the new formula will end up going.

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 Posted on March 19, 2017 in Criminal Defense

You may be familiar with the phrase "copping a plea," which is commonly uttered in crime and courtroom movies and TV shows. Copping a plea refers to pleading guilty and accepting penalties for criminal charges in exchange for not going to trial. Negotiating this agreement is known as plea bargaining, and it is typically the method by which sentences are decided.

If you are facing criminal charges, you will certainly want to consider entering a plea bargain. Simply put, you need to decide if a plea bargain offers you your best possible outcome. Among the factors upon which you can base your decision are:

• The strength of the prosecution's evidence against you.
• The likelihood you will be found guilty at the conclusion of the trial.
• The seriousness of the crime you allegedly committed.

The primary advantage of accepting a plea deal is that you will almost certainly receive a more lenient sentence than what you would receive if you are found guilty in a trial. Because court systems are often overburdened, plea bargains are a preferred method of resolving cases.

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