Posted on December 19, 2022 in Family Law

Like any parent, you want to ensure your child’s safety at all times. If you are in the middle of a child custody battle or a divorce and you find out your soon-to-be ex is facing DUI charges, we would want to know about it. It would not matter if your child was in the car at the time of the arrest. Many children are killed in traffic accidents every year while riding in a car with a drunk driver. This could lead a judge to question the child’s safety and whether or not someone is a fit parent.

Guardian ad Litem

When a family court judge is trying to determine custody, the court will appoint a third party to investigate the family, especially if a parent is facing DUI charges. The court will assign a Guardian ad Litem or child representative to gather additional information. This representative is an attorney who has the child’s best interest at heart and will report back to the judge and give a recommendation.

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 Posted on December 08, 2022 in Family Law

Prices at grocery stores are multiplying, and you were just laid off. This can be a scary reality for many parents. It can be terrifying to lose your livelihood and have to deal with inflation rates that are higher than they have been in four decades. You may be asking yourself, how in the world will you make your next child support payment? This is especially concerning in light of the fact that being unemployed does not absolve you from your obligation.

File for a Modification Quickly

In Illinois, the courts will only reconsider a child support modification if a parent can demonstrate a substantial change in circumstances to justify a change in child support payments. Unfortunately, inflation alone is not enough. That is because it generally affects the cost of living for both parents. 

The cost of living goes up, but your income remains the same or worse yet, you have lost your job. You should consider petitioning the court for a modification of your child support obligation.

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 Posted on December 06, 2022 in Personal Injury

Unless you prefer the online buying experience, you may be heading to the mall for your holiday shopping. Sales are expected to increase up to 8 percent from a year ago. Perhaps your plan is an in-and-out strategy this holiday season and focused only on what is on that shopping list for the kids or the grandkids, but it is often in that dash to get it all done within a certain time frame that accidents happen. For example, you may slip and fall while at the mall.

Liability of a Business

It is the legal responsibility of the commercial property owner and those who run the businesses and stores within the mall to make sure that the premises are safe for holiday shoppers and that the property is well maintained. If they are negligent and it results in a slip and fall injury, they should be held accountable. 

Where Exactly Did the Slip and Fall Happen?

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 Posted on December 05, 2022 in Immigration

In the interest of public safety, ICE has been targeting sexual violence perpetrators in the United States. In fact, ICE just recently arrested 138 convicted sex offenders who are non-citizens. If you are convicted of a sex crime you will probably be deported after serving time behind bars and will not be allowed to come back into the United States. It is important that you thoroughly understand the impact a sex crime conviction could have on your immigration status. You need an experienced immigration and criminal defense attorney before you admit wrongdoing or accept a plea.

Crimes of Moral Turpitude and Removal Proceedings

The Immigration and Nationality Act governs immigration law and lays out the consequences for those convicted of crimes of moral turpitude, which generally include sex crimes and aggravated felonies. Specific examples of such offenses include rape, child pornography, and sex with a minor. 

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 Posted on November 30, 2022 in Personal Injury

Whether you are staying at a hotel for a work trip, a family vacation, or a personal getaway, the hotel is responsible for ensuring you are provided with secure premises. This includes not only your room, but also the parking lot, lobby, pool area, and anywhere else the hotel operates or manages. 

While the vast majority of hotel stays pass without incident, sometimes bad actors take advantage of hotel patrons. If the hotel has a poorly lit parking lot, or if certain areas are understaffed, this could leave guests vulnerable to assault and theft. Furthermore, if a hotel does not carefully screen its staff’s criminal backgrounds, it may hire someone unfit to be trusted with personal property, which could result in employees who steal from hotel patrons. If you were staying in an Illinois hotel and you were injured, robbed, or assaulted, make sure you schedule a free consultation with Mevorah & Giglio Law Offices. 

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 Posted on November 30, 2022 in Immigration

Being an immigrant to the United States can be a wonderful experience, but it can also be very challenging. In particular, undocumented immigrants face struggles when they are trying to deal with crime but are afraid to report crime because they might accidentally reveal their, or their loved one’s, lack of legal immigration status. This can leave immigrants exposed to dangerous levels of crime that can make life difficult or unbearable.

If you are suffering from crime in your neighborhood but are reluctant to call the police, speak with an Illinois immigration attorney. 

Certain Victims Have Protection

If you are the victim of certain types of crimes, you may have the option of pursuing certain legal protections, including a visa in some situations. These include: 

• Violence Against Women Act (VAWA) – VAWA provides protection for immigrants who are related to a U.S. citizen or permanent resident who subjects them to domestic abuse. Qualifying relatives include spouses, parents, and children. 

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 Posted on November 18, 2022 in Immigration

If you are getting ready to go through the naturalization process, congratulations—you have probably been waiting for this moment for many years! Despite the normal feeling of nervousness you may have, remember that more than seven million foreign nationals have become American citizens in the past 10 years and they had to go through the same process as you.

With the help of an experienced Illinois immigration attorney, you can get through your naturalization interview and start your new life as an American citizen. Here are a few tips to help you prepare.

Know What to Expect

At your naturalization interview, a USCIS employee will ask you many questions. These usually include questions about your background, who you are as a person, how you feel about America, where you live, and more. You may be asked about recent travels outside the United States or crimes you have committed. You will be briefly tested on your English skills and your knowledge of American civics (government and history). Sometimes interviews are recorded - this does not mean that you have done anything wrong, but rather that the interview may be used for training new USCIS employees.

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 Posted on November 18, 2022 in Family Law

Most Illinois divorce cases are now resolved using alternative dispute resolution methods like mediation and arbitration. Many couples try to resolve as many issues as possible before even filing for divorce so they can increase the chance of having an uncontested divorce, which allows for a faster, cheaper divorce process.

Unfortunately, divorce negotiation is neither practical nor safe for every divorcing couple. No matter how unpleasant the experience may be, some divorces need to come before a judge so each partner has a fair chance to make their arguments and ensure the law is applied correctly.

When a divorce does go to trial, there is an important fact-gathering step called discovery. If you anticipate divorce litigation, it is important to understand the discovery process, what will be expected of you, and what kind of information you may need to provide.

What is Discovery?

Discovery is the process through which each spouse’s attorney can demand information from the other spouse. Spouses can provide information before the discovery process, but the formal discovery process has more “teeth” - that is, spouses are expected to comply during discovery and providing false or misleading information during discovery can have consequences.

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 Posted on November 11, 2022 in Personal Injury

When we think about someone being hurt in a car crash, fall accident, dog attack, or another injurious event, our first thoughts are often on the physical injuries the individual sustained. The physical pain and discomfort caused by an injury are certainly valid concerns, but they are not the only negative consequences of a serious injury. It is important not to lose sight of the fact that an injury can also have profound effects on a victim's ability to work and earn an income.

In Illinois, lost income and reduced earning capacity are both considered "economic damages" that can be recovered in a personal injury claim.

What is the Difference Between Lost Income and Reduced Earning Capacity?

The terms "lost income" and "reduced earning capacity" are often used interchangeably, but they actually refer to two different types of economic damages.

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 Posted on November 04, 2022 in Family Law

Retirement is usually a lifelong endeavor; people work for decades, looking forward to the time when they can finally quit their job and pursue a life of travel and hobbies. The prospect of divorce can be especially concerning for adults who are nearing retirement age because it begs a host of difficult questions: How much of my retirement will I lose? What kind of home can I afford to live in on my own? Will I be able to retire at all?

The answers to these questions vary for every divorcing spouse, but rest assured that whatever complications your case may present, having an experienced attorney on your side will result in a better outcome than if you decide to represent yourself.

How Are Retirement Plans Treated in an Illinois Divorce?

In addition to the fact that liquid assets and real estate must be divided, retirement plans must also be included as part of the divisible marital estate (unless they are protected by a prenuptial or postnuptial agreement). However, spouses can divide their entire marital estate however they want - as long as both spouses agree. This means that, while you can divide your retirement accounts, you do not necessarily have to.

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