This time of year, we often take a few moments to remember some of the traditions in The Old Country, which sometimes involved lax enforcement of certain criminal laws. Like many Irish folk songs, Johnny McEldoo has no clear origin. It tells the story of some friends who went out drinking one night. Afterwards, since they were hungry, they “visited McMann’s, MacIllman’s, [and] Humpty Dan’s; we then went into Swann’s our stomachs for to pack.” One fellow in particular, the...

Illinois law declares that marital property must be divided “equitably” in a divorce, which is not necessarily the same thing as an “equal” division. How does such a distribution work, in practical terms? Nearly all civil cases – upwards of 95%, in most jurisdictions – are settled out of court. In divorce actions, it is not unheard of for the parties’ only contact with the judge to occur on the day the divorce decree is signed. Settlement negotiations generally take...

The Northern Star in Illinois child custody and divorce proceedings is “best interest of the children.” That principle underpins every decision the family court makes in this area, from parenting time to child support to scheduling provisions. All good parents share this same overriding concern and they want the best for their children. However, good parents also differ as to what is, and is not, in the children’s “best interests.” Many states have a boilerplate parenting plan that is presumed...

Despite the recent media attention to domestic violence – some examples include National Football League player Ray Rice and pop star Chris Brown – a large number of incidents still go unreported. So, there are very few reliable statistics in this area. What is known is that domestic violence accounted for 20% of all violent crime in the last decade. Domestic violence accusations are among the most explosive allegations in a divorce or child custody proceeding. They have a tremendous...

A renegade family advocate says she has helped over 7,000 individuals hide children from a parent and the court. 68-year-old Faye Yager became the Children of the Underground’s leader in 1987. Along with hundreds of like-minded individuals, Ms. Yager conceals parents (mostly mothers) and children from allegedly abusive parents and the judges who award full or partial custody to those individuals. The movement reached its heyday in the 1990s, before a high-profile 1998 lawsuit essentially forced her into hiding. In...

One of the most compelling reasons to obtain a protective order is that it shifts the balance of power in a relationship. Instead of waiting for the situation to worsen, alleged victims can take control of the situation. A protective order is also valuable in terms of third parties. Peace officers who may hesitate to become involved in what they see as a domestic dispute will not hesitate to enforce a court order. These orders also put churches, daycares, schools,...

Researchers estimate that one in three women and one in four men have been physically abused by an intimate partner sometime in their lifetimes. This estimate does not include other types of behavior, such as mental and emotional abuse, that are equally as harmful, nor does it take into account the broad definition of “domestic violence” in Illinois and elsewhere. Protective orders are not always a matter of life and death, but Illinois law always treats them as such, and...

Rampant inefficiency at the Illinois Department of Children and Family Services may have cost the agency more than $40 million over the past two years. Acting director George Sheldon opined that high turnover at the top (eight leaders in the last five years) caused poor morale among the rank and file, creating the DCFS current budget woes. Most of the issues centered on juvenile wards between 18 and 21. Many were errantly classified as “dependents” even if they were living...

Illinois law requires that, in the event of a high-asset divorce, marital property be divided equitably, which is not necessarily the same thing as equally. The process of characterizing and dividing marital property can sometimes be time-consuming. Nevertheless, it is critical to invest as much time as necessary, or else the parties may well find themselves back in court only a few years later to resolve unanswered questions or address issues that should not have been postponed. Years ago, Illinois...

State officials are investigating allegations of financial irregularities at the College of DuPage. A self-appointed watchdog group claims that the college has ties with a West Chicago vendor that includes no-bid contracts and other improper relationships. The organization’s latest claim is that the vendor has no licensed architect, even though the firm provides these professional services. The Illinois Department of Financial and Professional Regulations is currently in the midst of a yearlong investigation, having determined in February 2015 that there...

A primary purpose for the 2016 changes to Illinois divorce and family law was to make the system more flexible and more accommodating to changing needs. While “side agreements” remain unenforceable, it is now easier, especially in terms of parenting time modifications, to formalize these arrangements and make them part of the official orders in the case. When it comes to child support changes, the court makes more of an official inquiry and many of the old rules still apply....

An underage driver will remain in custody without bond as he awaits trial on a litany of cases, including aggravated DUI. Police state that 19-year-old Mishel Lame was under the influence of alcohol, marijuana, and muscle relaxers when he rear-ended his BMW into a Jeep at an intersection on Nagle Drive. The force of the impact propelled the Jeep into a Lexus that was directly in front of it; the Lexus then swerved into oncoming traffic, striking a Honda head-on....

The American family is changing from both a legal and practical standpoint. Recent court cases have redefined marriage and family to a great extent. There is a difference on the ground as well. According to a recent survey, fewer than half of American children live in a “traditional” family with a married mother and father who are the pure biological parents of all children in the household. Changes in these areas have led to changes in spousal support laws and...

Effective January 1 of this year, a number of new divorce and family law rules took effect in Illinois, and one of them attempts to control spiraling college costs. Most Illinois divorce decrees have a reserve clause regarding payment of college expenses, since child support technically ends at age 18, in most cases, and it is impossible to fairly estimate future college costs for young or teenage children. As the children get older and costs become ascertainable, Section 513 of...

In the majority of DUI prosecutions, the state’s primary evidence is the result of a chemical sample obtained from the driver via a breath or blood test. But in about 20% of cases, the driver refuses to provide a sample. In these instances, the state relies on circumstantial evidence of intoxication both at the initial stop and during the arrest process. As is normally the case, this circumstantial evidence is vulnerable to a motion to suppress. The Stop It is...