Rolling Meadows, IL, Attorney Donald J. Cosley Receives 2018 Elite Lawyer Award

Arlington Heights, Illinois, Attorney Donald J. Cosley Receives 2018 Elite Lawyer Award for Criminal Defense

Attorney Donald J. Cosley, of the Law Offices of Donald J. Cosley, has been honored with a 2018 Elite Lawyer Award for the area of criminal defense.

Attorney Donald J. Cosley, of the Law Offices of Donald J. Cosley, has been honored with a 2018 Elite Lawyer Award for the area of criminal defense. The Elite Lawyer rating service recognizes attorneys who display a high level of competence in their practice and receive acknowledgment from their peers, community, bar and committees.

Arlington Heights, Illinois, attorney Donald Cosley has more than 20 years of courtroom experience representing clients as a criminal defense lawyer. He is admitted to practice in Illinois, the U.S. District Court Northern District of Illinois, and the U.S. Supreme Court.

Cosley is a past president of the Northwest Suburban Bar Association, where he also served as vice-president, treasurer, secretary, and a member of the board of governors. He is a member of the Chicago Bar Association, the Illinois State Bar Association, and the National Association of Criminal Defense Lawyers.

Cosley received the Clients’ Choice Award from the Avvo rating service in 2015. Avvo has given him a 10.0 rating and rated him as Superb for the area of criminal defense.

Designed to assist potential clients in finding an experienced legal professional to address specific legal needs, the Elite Lawyer tools and resources provide information on distinguished attorneys throughout the United States.

The Elite Lawyer Award assures that each attorney selected to the directory has received a nomination from their peers for displaying excellence and a high level of skill with the law. Awarded only to those who have met or exceeded the criteria of a rigorous, multi-phased selection process, the Award recognizes top-rated attorneys for their excellence and outstanding service in their specific area or areas of practice.

Only the most outstanding and experienced attorneys receive the Elite Lawyer Award. A prestigious nomination and presented only to legal professionals who are able to meet or exceed its demanding criteria, it sets these exceptional attorneys apart from their peers when consumers use the directory to search for a top-notch attorney in their area.

The Elite Lawyer Award speaks highly of how well each nominated attorney is perceived by their legal community. For more information about Elite Lawyer, or to become a member of the esteemed directory, visit http://www.elitelawyer.com.

About the Law Offices of Donald J. Cosley:

Donald J. Cosley is an experienced attorney practicing in the areas of criminal defense and family law. At the Law Offices of Donald J. Cosley, he serves Cook, DuPage and Lake County clients by giving his personal attention to each case, such as divorce disputes and defense against traffic charges. To schedule a free initial consultation at his Arlington Heights office, call 123-456-7890.

Illinois Child Support Changes: The "Incoming Sharing" Model

Illinois Child Support Changes: The "Incoming Sharing" Model

Rolling Meadows Child Support and Divorce Lawyer

When parents divorce or separate, decisions must be made regarding which party the children are going to spend the most time with, as well as who is going to be responsible for paying child support. Recently, the Illinois legislature has decided to change how child support will be calculated, beginning July 2017. Enlisting the help of an attorney can assist you in navigating complex legal processes. Whether you are considering getting a divorce, separating from your partner, or modifying your existing child support order, working with a lawyer who knows the law is imperative.

Current Child Support Calculations

Under the current Illinois law (750 ILCS 5/505), child support is calculated using a fixed percentage of a parent's net income. For example, if one child's parents have shared custody, then the court would likely order 20% of the noncustodial (now nonresidential) net income to be allocated for child support payments. The law also provides for a minimum support expectation that may be modified if compelling evidence is shown.

The current law can be confusing for those attempting to calculate how much they may be required to pay in child support. Net income is often confused with "net pay." The law provides a formula for its calculation that highlights the sources of income that are calculated by the court:

• Federal income tax
• State income tax
• Social Security
• Mandatory retirement contributions
• Union dues
• Individual and dependent health insurance premium
• Prior obligations of child support
• Medical expenses
• Foster care payments

While the new law changes the way that child support is calculated in Illinois, there are only minor alterations to how the courts will calculate income. The new law specifically calls for alimony (or spousal maintenance) to be counted as income for child support calculation purposes.

How the New Law Treats Unemployed Parents

If a parent is willfully unemployed or underemployed, the new law directs courts to use a rebuttable presumption. This allows for the parent's income to be calculated at 75% of the most recent United States Department of Health and Human Services Poverty Guidelines.

Custody at the Forefront

One of the biggest changes to the Illinois child support law is the addition of parenting time (previously known as visitation) to the consideration of what will be ordered in child support. Under the current law, child support is ordered based on the custody arrangement (or residential responsibilities) of the parents. For example, if there are two children who both live with their mother primarily, the court will issue a child support order to the father. Under the new law, the court takes a much more flexible approach. Instead of viewing child custody (or the allocation of parental responsibilities) as a zero sum game where one parent has all of the decision-making power and the other does not, the court will now consider how much parenting time each parent is allotted and calculate this factor into the child support order.

Income Sharing Model

For the first time, Illinois is moving towards an "income sharing" child support model. Once the new law takes effect, courts will no longer use set percentages. Support would be determined based on the parent's combined adjusted net income estimated to have been used for the child if the parents and children were living in an intact household. The Illinois Department Healthcare and Family Services is in charge of creating the rules that will give courts exacting child support guidelines. These guidelines will include tables to indicate the percentage of the combined net income that parents living in the same household in this state ordinarily spend on their children.

Modifying Child Support

Life events can change the financial capability of anyone, and parents are no different. A change in employment or a new medical diagnosis are only a few of the life events that can have a serious effect on a parent's finances. To have your existing child support order modified, you must be able to prove:

• An Increase in the financial needs of the child
• An increase in income
• A decrease in income
• A change in the healthcare needs of the child

Currently, if you are subject to a child support order, you cannot change or modify the order without going to court. Judges are instructed to make decisions regarding modifications that address the best interest of the child; it is not sufficient to simply say my ex got a raise so he or she must pay more. Hiring an experienced child support lawyer can help you present or defend your case.

Child Support Representation in Cook County

If you have children and are considering getting a divorce, make sure you have a dedicated Rolling Meadows child support attorney on your side. The legal process of obtaining or modifying a child support order is not something you want to face alone. Attorney Donald J. Cosley has spent over 20 years pursuing his client's interest and defending their rights. Emotionally charged decisions and inadequate planning can produce an unfavorable outcome. Contact our office at 123-456-7890 to schedule a free consultation.

New Illinois Law Makes More Individuals Eligible for Expungement and Record Sealing

New Illinois Law Makes More Individuals Eligible for Expungement and Record Sealing

Rolling Meadows Criminal Defense Lawyer

In 2017, Illinois Governor Bruce Rauner signed House Bill 2373 into law, amending the Criminal Identification Act to make more types of arrests and convictions eligible for expungement and record sealing. By doing this, the state legislature made it possible for more Illinois residents to effectively "clear their names" by clearing their criminal records or concealing them from public scrutiny. This will make it easier for these individuals to secure jobs and housing and maintain positive social and professional reputations by removing their convictions and the stigmas they carry.

Governor Rauner also signed House Bill 3817 into law, ensuring that all juvenile arrests that do not result in adjudications of delinquency are automatically expunged once a specified period of time passes after the arrest. This bill also limits the public's access to juvenile criminal records.

When an individual has his or her criminal record expunged or sealed, the record is removed from public searches. Unless an individual seeks an expungement or sealing, every conviction on his or her record remains there indefinitely.

Expungement Versus Record Sealing

Having a criminal record expunged and having it sealed are not the same thing. When an arrest is expunged from an individual's criminal record, it is erased from the record. A sealed record, on the other hand, still exists, but it can only be accessed by law enforcement, the court, and select employers. Sealed records may only be accessed through a court order.

In Illinois, an arrest that did not result in a conviction may be expunged from an individual's record. If the arrest did result in a conviction, the record may be sealed, depending on the nature of the conviction. There are a few exceptions to this rule, however. If an individual's conviction is reversed, he or she may have it expunged from his or her record. An individual who is pardoned by the governor may also expunge his or her conviction.

Which Convictions May Be Sealed? Which Arrests May Be Expunged?

Most types of arrest may be expunged from an individual's record if it did not result in his or her conviction.

Certain arrests and charges cannot be expunged, regardless of whether the individual was convicted. These include:

• Driving under the influence (DUI); and
• Sexual offenses involving minors.

Records of many types of conviction can be sealed, but not all. Convictions that cannot be sealed include:

• Class 1, 2, and X felonies;
• Animal offenses, such as dog fighting;
• Domestic battery; and
• Violation of an Order of Protection.

Getting your Record Sealed or Expunged

Once you have started working with an experienced lawyer and determined that you are eligible for an expungement or a sealing, take the following steps to complete the process:

• Gather all relevant documents. These include documents from your original hearing and your charge. Be sure to have your case number, the date of arrest, the charges, the outcome of your trial, and documentation demonstrating the completion of your sentence, if you were convicted. Your lawyer can help you gather these documents if you do not have them.
• Fill out a Request to Expunge & Impound And/Or Seal Criminal Records form. Follow the instructions listed for an expungement or a record sealing, depending on your eligibility.
• File the form with the Circuit Clerk in the county where your case was originally handled. The court will give you the information you need about your court fee and when to expect your court date to be scheduled.
• If you are asked to appear in court, work with your lawyer to prepare for court. This includes gathering all necessary documents and preparing to discuss your case with the court.
• Attend your court date. After presenting your case to the court, your request may be approved or denied. If it is denied, you may ask the court to reconsider your request. If your request is approved, the court will forward its Order of Expungement And/Or Sealing to all the police departments and prosecutors you listed on your original request form within 60 days. When you receive a letter from the Illinois State Police stating that your record has been expunged or sealed, the process is complete, and you can correctly tell employers and others that you do not have a criminal record.

The Benefits of Having your Criminal Record Expunged or Sealed

When you have an arrest or conviction expunged or sealed, you are not required to disclose it to prospective and current employers.

Being able to secure a job can improve your life in more ways than providing an income. In Illinois, approximately half of ex-offenders go back to prison within three years of being released, often because they cannot secure jobs to support themselves, leading them to return to criminal activity. According to a 2008 study by the Safer Foundation, an ex-offender's likelihood of reoffending significantly drops when he or she can secure a paying job.

Additionally, you may have your firearm rights restored upon having your record sealed or expunged.

For many people, there is a mental benefit to having a criminal record expunged or sealed. With a sealed or expunged record, you can honestly tell others that you do not have a criminal record, which can help you feel like you have a "blank slate" and a renewed reputation moving forward.

Work with an Experienced Rolling Meadows Expungement Attorney

Discuss your eligibility for an expungement or sealing with an experienced criminal defense lawyer to determine if you can move forward with the process. If so, your lawyer can help you gather the documents you need to complete the process and work with you and the court to remove your past arrests and convictions from the public record. To get started with an experienced Rolling Meadows expungement lawyer, contact the Law Offices of Donald J. Cosley today at 123-456-7890 to set up your initial consultation with us.

Sources:
https://www2.illinois.gov/osad/Expungement/Instructions_Forms/Documents/Instructions/How To.pdf
https://www.illinoispolicy.org/rauner-signs-bills-to-expand-criminal-record-sealing-and-juvenile-record-expungement/

Post-Divorce Modifications in Illinois

Rolling Meadows Divorce Attorney

Sometimes, unfair and inappropriate divorce settlements are entered into the record, forcing a couple and their children into a set of requirements that does not fit their needs. In other cases, a settlement that is appropriate for a couple at the time of their divorce is no longer appropriate years later because of changed circumstances like new jobs, relocations, remarriages, and the changing needs of their growing children. When a divorce settlement is not appropriate for a couple, it is possible to alter its terms through a post-decree modification.

Why Would a Couple Make Modifications to Their Divorce Settlement?

Generally, it becomes necessary for a divorce settlement to be altered when one or both of the partners experiences substantially changed personal or economic circumstances that make it impractical or impossible to continue complying with the original terms of the settlement.

For example, child support orders are calculated using each parent’s income. If an individual who pays child support loses his or her job and cannot afford to make these payments, he or she may seek a modification of the child support order. In another example, an individual who pays spousal maintenance might find out that his or her former partner has remarried or moved in with a new partner, changing his or her household income. In this case, the paying spouse may demonstrate to the court that his or her former spouse no longer qualifies for spousal maintenance.

How to Modify a Divorce Settlement in Illinois

How to complete your modification depends on the part of your settlement that you wish to modify. Unless you can demonstrate that your property was divided fraudulently, you typically cannot modify your property division order if 30 days or more have passed since your settlement was signed. If 30 days have not yet passed, you can file a motion with the court that handled your divorce to modify your property settlement.

Unless your child is in serious danger of harm, you must wait at least two years from the date when your order was signed to modify your parenting plan unless both parents agree to the modification. If one parent does not agree, the other must submit proof to the court that the modification would be in the child’s best interest. Another exception is if one parent wants to move out of state with the child. In this type of case, if the other parent does not consent, the parent seeking the change to their parenting plan must demonstrate that the move would be in the child’s best interest.

To modify a spousal maintenance agreement, the paying spouse must submit proof of the changed circumstances necessitating the modification to the court. A similar process is used to modify child support orders.

Working with an Attorney to Modify your Divorce Settlement

To modify your divorce settlement, you must submit proof of the changed circumstance that necessitates the change. Your lawyer can help you obtain this proof, such as documentation of your former partner’s new marriage or copies of your pay stubs or tax returns showing your changed income.

In cases where modifications are sought for more controversial reasons, like alleged child abuse by one parent or allegations of property being divided fraudulently, a lawyer can play a critical role in obtaining and making use of available evidence. Before you take action to change your divorce settlement, speak with a divorce lawyer to determine the correct process for completing your desired change. In this latter category, it is very important that you do not make an empty or unsubstantiated accusation. A false accusation of child abuse can hurt your own reputation as a parent and impact any future modifications that you want to make to your parenting time order, such as a request to move beyond your permitted radius.

Work with an Experienced Rolling Meadows Divorce Lawyer

If you are considering filing for divorce, or if you are already divorced and considering modifying your divorce settlement, speak with an experienced Rolling Meadows divorce lawyer, Donald J. Cosley, of the Law Offices of Donald J. Cosley. Contact our office today to set up your free consultation with Mr. Cosley, during which you can discuss your concerns and present circumstances to determine the most effective way to move forward with your case.