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Disagreeing on Whether to Sell Your House During DivorceMany couples going through a divorce will agree to sell their marital home rather than deciding on which one of them will keep it. The size and cost of the house may be impractical for one person, and including the house in the division of property can make it more difficult to equitably divide the properties. By selling the house, the divorcees can more easily divide the money that they receive from the sale. However, what can you do if your spouse will not agree to sell your house? You may have legal remedies that will allow you to sell your home, depending on whether your spouse is being unreasonable in obstructing the sale.

Reasoning

Before trying to force the sale of your marital home, you should consider why your spouse is objecting to the sale. They may have a good reason for not wanting to sell the house or wanting to wait before moving forward with the sale:

  • They may want to settle other financial issues related to the divorce so they will know whether they can still afford the marital home.
  • They may be trying to avoid uprooting your children during the school year.
  • They may have a personal connection to the house if it belonged to a relative.
  • They may believe that you need to make renovations to the home before selling it.
  • They may believe that the housing market will become more favorable if you wait.

Your spouse may also try to prevent the sale for impractical reasons, such as wanting to delay having to move out or being spiteful towards you.

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Cold Temperatures Can Be Dangerous for WorkersThe cold weather that is typical of winter in northern Illinois is more than an inconvenience for workers. Prolonged exposure to cold temperatures can cause severe or even fatal damage. In some cases, people will suffer permanent damage that creates a disability. Workers can take precautions to protect themselves against the cold, but employers also have a duty to protect their employees. If you have suffered damage due to being exposed to the cold while working, you can qualify for workers’ compensation benefits.

Cold Stress Injuries

As your body temperature drops when you are continuously cold, your body will work to warm itself. Your body prioritizes keeps your organs warm and functioning, which means that your extremities receive less blood flow and are at greater risk of cold stress conditions such as frostbite and hypothermia. Frostbite is the freezing of the skin and tissue, which can cause neuropathy in or require the amputation of:

  • Fingers
  • Toes
  • Hands
  • Feet
  • Ears
  • Nose

Trenchfoot is a less severe form of frostbite that can cause blistering and an itching or burning sensation. Hypothermia is an extreme drop in body temperature that can be fatal if not treated. The long-term effects of hypothermia can cause stress to the heart, which is particularly serious for people with pre-existing heart conditions.

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Recognizing and Guarding Yourself Against Drivers with Road RageAccording to a recent survey of drivers in the U.S., 82 percent confessed to having road rage in the past year. When you are in a bad mood, it is easy for the minor annoyances of driving to make you angry. Problems arise when road rage turns into aggressive driving. People who drive aggressively and fueled by anger are more likely to cause a traffic accident, which may seriously injure someone. It is important to be able to identify aggressive drivers on the road and to know how to protect yourself against them.

Signs of Aggression

Drivers who are experiencing road rage will often travel at high speeds and show little regard for the safety of others. Aggressive driving behavior may include:

  • Tailgating, which is following a vehicle too closely
  • Excessive use of the car horn
  • Weaving through traffic
  • Cutting off other drivers
  • Obscene or threatening gestures and language

In extreme cases of road rage, the driver may target someone and attempt to cause them harm, such as using a weapon or exiting their vehicle with the intent to start a fight.

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When Police Pat-Downs Violate Your RightsThe police practice of frisking or pat-downs is controversial because of its invasiveness and connection to racial profiling. The Fourth Amendment to the U.S. Constitution protects people against illegal searches and seizures, which includes searching on a person’s body. In order to frisk a person, the officer must have a warrant to search for a specific item or reasonably believe that the suspect is armed and dangerous. Police have used the “armed and dangerous” exception to perform what they call “protective pat-downs” on people without establishing probable cause that they committed a crime. Evidence found during an unreasonable pat-down can be dismissed from a criminal case.

Police Encounters

There are three types of encounters that a police officer has with a member of the public:

  • They can arrest an individual when there is probable cause that the person is committing a crime.
  • They can briefly investigate a person that they reasonably suspect of committing a crime.
  • They can have a consensual encounter with a member of the public in which the individual voluntarily talks with the officer.

It can be difficult to differentiate between a consensual encounter and an investigatory stop. During a consensual encounter, the member of the public should feel like they can leave the encounter at any time, but the officer is often the one who initiates the encounter and presses the individual to answer questions. 

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What Are the Consequences for Not Paying Child Support?Child support payments are mandatory for parents who are divorced or separated from each other. Unlike with the optional spousal maintenance payments, child support is meant to help pay for the expenses related to raising the children, such as food, clothing, and healthcare. A parent who does not pay their share of child support may be depriving their children of the resources needed to grow up healthy and safe. Because of this, Illinois has a range of severe consequences for parents who do not comply with their child support order:

  1. Garnishment: If a parent does not pay child support, a court may order that the noncompliant parent’s financial assets be seized. The most common method is wage garnishment, which can be achieved by filing an Income Withholding for Support request with the parent’s employer. If wage garnishment is not an option, the court may seize funds from a bank account, intercept property tax refunds, put a lien on a property, or hire a private collection agency.
  2. Driver’s License Suspension: When a parent is more than 90 days past due on child support payments, the court may revoke the parent’s driving privileges until they have caught up on payments. It also has the authority to revoke or deny an application for a U.S. passport or professional license.
  3. Criminal Prosecution: Nonpayment of child support becomes a criminal offense in Illinois if a parent has gone more than six months without paying or owes more than $5,000. This is a Class A misdemeanor and will most likely result in a fine. However, the offense becomes a Class 4 felony if the parent flees the state to avoid payment, is more than one year late on payments, or owes more than $20,000. A Class 4 felony in Illinois is punishable by one-to-three years in prison and fines.

Contact a McHenry County Family Law Attorney

If your co-parent is not paying child support, you can enforce payment by contacting the Illinois Division of Child Support Services or filing a complaint in court. If you are in danger of falling behind on child support payments, you need to explain to the court why you are unable to make the payments. You may be able to modify your child support order if the payments are unreasonable given your financial circumstances. Either way, you need the assistance of a Crystal Lake, Illinois, family law lawyer at Botto Gilbert Lancaster, PC, to resolve your child support issue. Schedule a free consultation by calling 815-338-3838.

Source:

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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