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There are two types of social security benefits, namely SSI (supplemental security income), and SSDI (social security disability income). SSI is available to low-income individuals who most likely do not have a job or have not worked enough to qualify for SSDI. To qualify for SSI, you must have less than $2,000 in assets and a very limited income. On the other hand, SSDI is available to employees ages 65 or younger who have accumulated a certain amount of work credits and have paid Social Security taxes. If a party receives SSDI income, that party’s spouse and children are entitled to benefits which are called “auxiliary benefits” or “dependent benefits.” This is additional income every month to cover the SSDI recipient’s dependents.

Can social security benefits be garnished? The short answer is that SSI income cannot be garnished, because it is exempt from the IRS for child support. On the other hand, SSDI dependent benefits can fulfill and satisfy a payor’s child support obligation during the period of time that the recipient is receiving SSDI income and dependent benefits. A parent who receives SSI income cannot be ordered to pay child support on that income pursuant to the case of Lozada vs. Rivera. In that case, the court determined that Congress’ intent in providing SSI to low-income individuals was to satisfy that recipient’s minimum needs only. To order the recipient of SSI income to then pay child support and reduce their income even more would be greatly against public policy. The Court also determined that it would put a huge burden on the recipient of SSI income to live far below the minimum standard of living decided by Congress.

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The “traditional” American family is changing, and assisted reproduction techniques are advancing.  One option for an infertile couple is to seek the assistance of an egg donor.  Egg donation is the process by which a woman donates her eggs to a recipient couple who wishes to have a child.   The donor’s eggs are then fertilized through the in vitro fertilization process, and implanted into the recipient mother.

Currently, no law exists in Illinois that governs egg donation. However, egg donors and recipients commonly hire attorneys to represent each of them in drafting an Egg Donor Contract or Egg Donor Agreement for several reasons.  One important reason to hire an attorney is that Illinois law imposes an obligation to pay child support upon the biological parents of a child.  Since an egg donor is the biological mother of the resulting child, a written agreement is essential in order to ensure that this is a one-time transaction to donate eggs, and not a lifelong commitment.   Many doctors actually require a written agreement before beginning the egg donation process. Egg donors may choose to remain anonymous as well.

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The Illinois Department of Children and Family Services (DCFS) is charged with investigating allegations of child abuse and neglect. DCFS workers are notified of alleged child abuse and neglect and depending on the circumstances, investigate the allegations.

DCFS has promulgated administrative rules for conducting investigations and has devised a list of allegations comprised of behavior that constitutes abuse or neglect. If DCFS decides that there is not enough evidence to support the allegation, the allegation is deemed “unfounded.” If DCFS finds that the allegation is credible, DCFS makes an “indicated finding” against the perpetrator.

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Trials can be complicated. There are often a variety of factual issues that will require extensive evidence in the form of documents and testimony.  What if there was a way to narrow the facts and, in turn, simplify the issues for the judge and all parties’ sake?  Behold, Illinois Supreme Court Rule 216 and your request for admissions of fact.

Of course, you know the facts better than anyone. The question is how much time and money do you have to spend to prove those facts to the judge.  In many cases, there may be some facts which both sides agree upon.  They may still draw different conclusions from those facts, or argue that certain facts are more important than others.  The ultimate outcome will still be determined by the court.  But both parties may benefit from the clarity that can be provided by the proper use of Rule 216.

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Everyone has someone in their immediate or extended family who, because of advanced age or other physical or mental health troubles, requires more day-to-day intensive care.  This can be health care, assistance with performing daily tasks, help running errands, among many other things.  When a family member is the one that ends up providing this care, rather than hiring a sometimes costly third-party care provider, this commitment can take a toll on them as well.  The questions many people may have is what, if any, compensation or financial assistance is the caretaker entitled to for their services and sacrifice.

In situations such as this, the Illinois Probate Act provides that any spouse, parent, brother, sister, or child of a person with a disability who dedicates himself or herself to the care of the person with a disability by living with and personally caring for the person with a disability for at least 3 years is entitled to a claim against the estate upon the death of the disabled person. Continue reading

If you have a lawsuit pending in a courtroom before a judge and want to change judges, do you have any recourse? Must the judge have acted improperly to be removed from the case?  In Illinois, the answer to these questions is: yes, and not necessarily, in that order.

To begin, once a case is filed, it is automatically assigned to a courtroom (or “calendar,” to use Cook County parlance) in the particular courthouse. Cases are assigned to courtrooms, not judges. Judges are frequently re-assigned to new courtrooms for various reasons, including due to retirement, recent elections, and appointments to fill vacancies.  Therefore, often a change of judges will occur for no reason other than an administrative change in judicial assignments.

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When a married couple divorces, often the wife will opt to return to the use of a former or maiden name.  The reasons and rationale are as diverse as the individuals who make this choice.  Illinois law provides this opportunity but not requirement when a divorce judgment is entered and a divorce is finalized.  In fact, the Illinois Marriage and Dissolution of Marriage Act, provides: “Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored.”

This is a right and an option, but not an obligation.  Therefore, it is important to preserve that right in the judgment of dissolution of marriage (often referred to as the “divorce decree). If the name change is not covered by the judgment, an entirely new legal case must be filed to obtain a name change.

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