Unemployment in Illinois

I just won a Board of Review decision with the Illinois Department of Employment Security (unemploymnet).  My client on his own argued that he was discharged, but not for his fault.  The Appeal division denied him benefits.  He retained me, and I drafted the necessary argument that he was entitled to benefits.  The Board of Review agreed and gave him his full benefits.

The client did not know the basics of the law, and what it takes to be victorious with the Department and the Board.  His facts were complex, and at the hearing, the opposing attorney was confused which caused more issues.

Unemployment benefits are a special area of law.  As a past judge of the Illinois Department of Employment Security, I am well versed on not only the law, but the procedures and organization of the Department.

It is a pleasure to serve this client who tried on his own to get his benefits.

For more information go to my web site at JeffJacobsonLaw.com.

How many days do I have to cancel a contract for the purchase of a car?

I get asked over the years about how many days someone has to cancel a contract.   Just recently at JeffJacobsonLaw.com I received an email concerning this. 

Usually, they bought a car and the next day they realized it is not right for them.  So, when can you cancel a contract in Illinois?

First the bad news.  You cannot, I repeat can not, cancel a contract in Illinois unless there is a law that allows you to cancel it.  There are only three laws that allow the cancellation of a contract.  The purchase of a car is not one of them.

Here is a list of some of the items that you may be able to cancel.  Also, please be advised that over time, some of these laws will change.  You should always seek the advice of an attorney prior to making a purchase.  Also, each of these items has exceptions to them.

1.  When you refinance your house, you have 3 days to cancel the contract.  You must make sure you follow the law on cancelling the contract.  Also, this does not apply to a loan you apply for to purchase the home.  It does not apply to loans for business purposes. 

2.  When you purchase something for more than $25 and the sale is at the buyer's home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants.  Under the Federal Trade Commission rules, you have 3 days to cancel this contract.

3.       The purchase of a gym contract allows you to cancel the contract within 3 days, or if you move, die or have a disability.  You have to move more than 25 miles from one of their facilities and they cannot find a comparable facility for you within 25 miles.

When cancelling the contract, you must follow the rules for cancelling the contract.

As you can see, the purchase of  a car does not meet any of the exceptions above. 

For more information, including the current laws and how they impact you, go to my web site at www.JeffJacobsonLaw.com or email me at Info@JeffJacobsonLaw.com.

Contested versus uncontested divorce

So, what is the difference between a contested and uncontested divorce?  In an uncontested divorce, the parties are able to work out the issues in the following areas:

1. Custody
2. Visitation
3. Child support
4. Maintenance
5. Division of assets
6. Division of debts

Typically, all of the issues are worked out between the husband and wife.  If there are disputes, then it is not uncontested.

Contact me at Jeff@JeffJacobsonlaw.com for more information

JeffJacobsonLaw.com

Bankruptcy - chapter 7

There is a lot of information out there on bankruptcy.  What can be discharged under chapter 7 and what can't be.  Most of the questions I receive are highly technical, and I enjoy them.  So, keep asking the questions.  This post is on the process for a chapter 7 bankruptcy when you don't have assets to pay off your debts.

The first thing that we do is go over the financial information with our client.  We then inform them of the requirements under a chapter 7.  We determine, based on the information you provide us is whether you can file a chapter 7.  There is a means test which is a baseline of whether you meet the requirements for a chapter 7.  Then, we retrieve your credit report.  This is incorporated in your bankruptcy schedules, along with all the information you provided us.  Once you review the information to make sure we have it correct, we will file it with the Bankruptcy Court.  At this point, no creditor can contact you concerning your debts.  You must take counseling, and report to us the completion before we file.  Once we file, you have to take debtor education and report to us your completion.

When we file your petition, we are given the trustee's name and the date we meet with the Trustee.  At the trustee meeting, they will ask you questions concerning your financial condition.  Do you plan on inheriting money, is the information you listed correct...?

If the Trustee finds that you don't have assets, he will find that.  Then the Bankruptcy Judge will Order that your debts are discharged.  If there are assets, the assets will be used to pay off as much of your debts as there are assets.

Finally, the Court will order that your debts are discharged. After this, you no longer are responsible for your debts.

for more questions, please feel free to contact us.


Contact me at Jeff@JeffJacobsonlaw.com for more information

JeffJacobsonLaw.com

Custody - equal time?

There is no clear cut answer to custody matters for everyone.  Each case is different.  For example, I represented a father that was a full-time doctor.  The mother was a part-time doctor.  I managed to convince the court that the father was better able to take care of their four year old daughter.  When I represented a Chicago police officer who was also a mother, I convinced the court that mom was more able to take care of the parent's daughter, even though she worked weird hours.

There are arrangements from bird's nest to equal time.  One of my clients decided to switch with the father every other month.  This sounded bad, since it is not done.  Yet, years later, the kids were enjoying this arrangement.  They had more stability with each change, but knew they were going to the other parent at the end of the month.

While the old standard was for fathers to have every other weekend and one evening a week, this is no longer being adhered to.  I just recently had a conversation with a judge that understood that both parents should have an equal upbringing in their child's life.  

The statute states the areas that the court must look at, but in the end, it is what is best for the child.

Contact me at Jeff@JeffJacobsonlaw.com for more information

JeffJacobsonLaw.com

Basic: cohabitation agreement in Illinois

Today, not every couple is getting married or having a civil union.  While Illinois law gives married couples or civil unions’ rights and sets forth how property is divided, unmarried couples do not have the same benefits.  I will use the word married to indicate married or civil union.  However, these couples that are not getting married are still acquiring assets and debt like a married couple.  They are buying houses and cars, have a joint checking account, credit cards, and other financial instruments.  So, how is everything divided?  A cohabitation agreement can prevent costly and unnecessary litigation when the couple decides that the relationship is not working. 

A cohabitation agreement is nothing more than a partnership agreement.  It sets forth all of the terms on dividing assets and debts, and how to wind down the relationship. It is designed to cover most anticipated events.  Nothing can cover every conceivable event.  It will not cover anything to do with children.  A well drafted cohabitation agreement is essential to reducing litigation and resources if the relationship ends.  It is said that a cohabitation agreement is the map to a great relationship, and may help keep the relationship on track.  In my 20+ years, I found that a great partnership includes a great business plan.  A cohabitation agreement or partnership agreement is essential once you make any financial decisions together!

For more information about this or other areas of law, contact Jeffrey M. Jacobson at www.JeffJacobsonLaw.com

Visitation around the holidays

With the holidays just around the corner, some people are concerned about spending time with their kids during the holidays.  I am not talking about the family around the fireplace.  The Courts are usually backlogged with parents that are trying to enforce their visitation, or prevent visitation during the holidays.  The parents wait until the last minute to dispute visitation during, Thanksgiving, Hanukkah, or Christmas day/eve.

As a parent, you need to understand the impact a dispute will have on your child.  Will it be positive for your child?  Remember, no matter how much you hate your child's other parent, they may love that person.  Later in life they may hate you for "lying" to them about the other parent.  If you are going to be disputing with your child's other parent, make sure you do not express any negative comments about that parent in hearing distance of your child.

Once you decide you have a dispute that only the Court can resolve, you should contact an attorney.  The holiday season is taxing on the Court system, and an attorney will help you go through it smoothly.  You do not want to fight to be with your child on Christmas day and find that you filed something wrong and have to return to court after the New Year.  What good will it do you then?  After practicing family law in Illinois for over twenty years, I have seen this happen.  Whether you are filing a rule, petition, or motion, there are specific requirements.  Then you need to explain in your writing what you want, and why you are entitled to it.   Then the other side can get around 28 days to respond.  So, if you are calculating, you do not want to file seven days before the date you want to be with your child.  You want to file at least thirty five days or more.

You need to make sure you comply with the Court's requirements like sending a copy to the other side, courtesy copies to the Judge, and other rules.

Stay tuned for my next blog on a legal issue important to you.  If you have an issue you want discussed, write to me at Jeff@JeffJacobsonLaw.com or go to my web site at JeffJacobsonLaw.com
Remember, this is not a substitute for legal advice by an attorney that knows your facts.  The above is only for Illinois law as well as any future postings.  You should seek an attorney to discuss your facts and issues.

Jeff Jacobson, attorney at law in Illinois