High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162
CALL TODAY FOR A FREE CONSULTATION
708-449-7404
Recent Blog Posts
Can I Negotiate with My Landlord at the End of My Lease?
Reaching the end of a lease does not always mean a smooth transition out of your apartment. Tenants commonly have questions about deposits, property damage or breaking the lease early, and many tenants worry that the only way to resolve these problems is by going to court. In Illinois, however, tenants and landlords often benefit from negotiating directly. With the right approach, you can protect your rights while avoiding unnecessary legal battles and expenses.
At the Law Office of Vincent C. Machroli, P.C., our Hillside, IL residential real estate attorney helps clients understand their options under state law and pursue fair resolutions with landlords.
Can You Negotiate Security Deposit Disputes with Your Landlord?
One of the most common conflicts at the end of a lease is the landlord’s return of a security deposit. Under the Illinois Security Deposit Return Act (765 ILCS 710/1), landlords must return deposits within 30 days of a renter leaving the apartment if the landlord intends to make deductions for damages. The landlord must also provide an itemized list of those damages. If no deductions are claimed, the full amount must be returned within 45 days.
What Happens If You Die Without an Estate Plan in Illinois?
When someone dies without an estate plan, their family members can be left facing confusion, financial stress, and time-consuming legal procedures. When someone has a thorough estate plan, their wishes are made known, and the process of transferring assets to beneficiaries is much more streamlined. Without an estate plan, the probate laws determine what happens to a deceased person’s assets. Our knowledgeable Oak Park, IL estate planning lawyer can explain how what is known as "intestate succession" works when someone dies without an estate plan, and how to avoid the probate process.
Who Inherits in Illinois If There Is No Will?
If you die without a will or trust, the Illinois Probate Act of 1975 governs how your probatable assets and accounts will be distributed. This is called "intestate succession," and it follows a strict legal formula based on your relationship to the decedent.
Can I Modify My "Parenting Plan" in Illinois After My Divorce Is Final?
A divorce may legally end a marriage, but for parents, much of the real work remains after the final divorce judgment. Often, a "parenting plan" that worked at the time of the divorce may no longer make sense months or years later.
Fortunately, Illinois law recognizes that families grow and change, and that post-decree modifications are sometimes necessary. If your "parenting plan" entered into when you were divorced no longer works for your family, our Hillside, IL family law attorney can help you understand your options for modifying it.
When Can I Request a "Parenting Plan" Modification in Illinois?
In Illinois, you can request a modification, or change, to your "parenting plan" once it has been in place for at least two years. However, courts may allow earlier changes in some situations, if the modification is necessary to protect a child's physical, mental, or emotional health.
Should I Use a "Revocable Living Trust" Instead of a "Will" in Illinois?
If you are beginning to think about planning for the future of your estate, one of the first decisions you will face is whether to obtain a "Will",or a "Revocable Living Trust", or both. Each option has benefits and drawbacks.
A "Revocable Living Trust" can help your family avoid probate, but it is not the right choice for everyone. An experienced Oak Park, IL estate planning lawyer can help you understand how each document works under Illinois law so you can make an informed decision.
How Are "Wills" and "Revocable Living Trusts" Different?
A "Will" just states how you want your property distributed after your death, and can also include naming who you would like to act as a guardian for any minor children, plus you will name an "Executor" who will see to it that the terms of your "Will" are met. In Illinois, in some but not all situations, "Wills" may have to go through probate court before assets can be distributed.
What Happens if a Parent Falls Behind on Child Support in Illinois?
If your child’s other parent is behind on child support payments, you have several options to enforce the support order and recover the money you need for your family. In Illinois, the courts and the Department of Healthcare and Family Services (DHFS) have several methods for collecting the total amount of past-due payments, known as child support "arrears."
Falling behind on child support in Illinois can have serious legal and financial consequences. Although the State of Illinois can impose these consequences and recover unpaid child support through DHFS, a highly-rated Oak Park child support attorney with experience since 1988 in post-decree matters can guide you more quickly through the enforcement process and represent you in court if necessary.
Child Support Payment Enforcement in Illinois
The Illinois statute (750 ILCS 16/15) states that you can take someone to court to enforce child support payments under the following circumstances:
Uncovering Hidden or Wasted Assets During an Illinois Divorce
Among the most important concerns during the divorce process is the division of property between the two parties. Having an uncooperative spouse in the case is something that can occur, but having one who actively tries to dissipate assets leading up to and during the divorce is an entirely separate problem .
Attempting to hide or waste property to avoid dividing it in a divorce is illegal and punishable under the law. If you think your spouse might be doing either, you should contact an Oak Park, IL divorce lawyer to take immediate legal action and protect your right to a fair divorce settlement.
What Is the "Discovery Phase" of a Divorce?
During divorce proceedings, both you and your spouse will work with your attorneys to obtain relevant information from each other regarding subjects that need to be addressed in your divorce. This is called the "discovery phase", and it is an essential step for understanding your financial situation, especially for understanding what the law classifies as "marital property". Illinois uses what is known as an "equitable distribution" standard in divorces, which means that your marital property is supposed to be divided fairly, but not always necessarily equally. To ensure that the property distribution process is fair, the law requires full disclosure of all assets and debts by each party during the discovery process.
What Do We Have To Include in a "Parenting Plan" in Illinois?
When parents divorce or separate, the "Allocation of Parental Responsibilities" (formerly called "custody") document for minor children can sometimes be a point of serious contention. A "Parenting Plan" document, which gets included in an "Allocation Judgment", outlines the official terms of custody, and if you go through the court system to work out custody disputes, Illinois law requires you to have one. Ultimately, decisions must be made regarding the legal obligations and rights of both parents and children, and an experienced Oak Park, IL parental responsibilities attorney can help.
What Are the Requirements for a "Parenting Plan" in Illinois?
An Illinois "Parenting Plan" document will contain basic information that you would expect to see in any custody order, such as employment and contact info for both parents. Other minimum requirements include:
Mistakes to Avoid When Drafting a Prenup in Illinois
Prenuptial agreements, also called premarital agreements, or prenups, are relatively well-known. While some people may have an emotional aversion to contractually defining the financial part of a relationship, the reality is that getting a prenup is a responsible thing that you can do with your fiancé at a time when you are both feeling generous and considerate of each other’s needs.
However, without legal guidance from a Hillside, IL prenuptial agreement attorney, you risk making common mistakes that can make you regret your choices later – or worse, render your prenup invalid later. Consider some common mishaps you want to avoid when drafting your prenup, and then speak to an experienced prenup attorney who will walk you comfortably through the process of creating your own.
Common Mistakes That People Make When Creating a Prenup
Some common mistakes that may not invalidate a premarital contract, but could leave you with regrets, include:
Are You Eligible for Spousal Maintenance in Illinois?
The financial aspects of getting a divorce can often be the most complicated. As you & your ex-spouse establish separate households, you will have to determine how you will handle both new and existing expenses. Budget adjustments and downsizing may help, but sometimes one spouse is put at a financial disadvantage.
In Illinois, if you think you will struggle to support yourself post-divorce, you may have the opportunity to seek spousal maintenance, also known as spousal support or alimony. To find out what your options might be regarding this subject, consider getting advice and representation from an experienced Hillside, IL divorce attorney, who will listen to the details of your circumstances and then advise you of your legal options.
What Does a Judge Consider When Deciding Whether To Order Spousal Maintenance?
A spousal maintenance order is never guaranteed. The decisions are made on a case-by-case basis, and involve consideration of several statutory factors, including:
How Much Child Support Am I Entitled to Under Illinois Law?
The amount of child support you receive is based on the financial obligations you have to provide for your child’s physical, mental and emotional needs. These obligations can vary drastically from family to family, so the child support calculation process requires an understanding of your unique circumstances. Illinois, like all states, has a process for calculating the support you are entitled to receive. If you have questions about how support calculation works in your case, an experienced Hillside, IL child support lawyer can help.
How Is Child Support Calculated in Illinois?
Illinois uses the "shares model" approach to calculate the appropriate child support payment. This model determines support by:
-
Combining the net incomes of both parents to determine what the combined household income would have been had they stayed married;
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
PHONE: 708-449-7404 | FAX: 708-449-7406
