How QDRO's work in Bloomington Illinois Divorces.
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Monday, July 29, 2013
Friday, July 26, 2013
Take your dog anywhere in Bloomington Illinois
Here is a fun one... It turns out that it does not take much for a dog to be considered a service dog, and then you can take Fido almost anywhere you want to.
The two issues are if you are considered as disabled under the ADA, and if your pet is a service animal.
To find out if you are "disabled," look here: http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=167
As for the service animal designation, there is no certification or license Rather, your animal just needs to "trained to provide assistance to an individual with a disability," so one dog class that trains your dog to help you with your disability would could.
I think you get the idea as to how easy it would be to treat your dog or cat as a service animal. Once your dog is a service animal, then the protections of the ADA kick in, and people can't even question you about your animal.
For more information, you can go here: http://www.ada.gov/qasrvc.htm
Best Regards,
Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2
facetime: jondwainmclaughlin@gmail.com
Office: (309) 319-6206
Cell:(309) 433-5034
Thursday, July 25, 2013
Ex-Spouses and Surviving Spouses
When folks divorce in Bloomington Illinois, ERISA-governed retirement benifits are divided by way of QDRO's or QILDRO's. The non-participant spouse often argues to by included as a surviving spouse in the QDRO or QILDRO. Here is a case that may now be applicable in your Bloomington Illinois Divorce:
Dissolution of Marriage 1st Dist.
In re Marriage of Winter, 2013 IL App (1st) 112836 (July 12, 2013) Cook Co., 6th Div. (REYES) Affirmed.
Husband, a retired public school teacher, began receiving pension payments in 1985. Judgment of dissolution in 2005 awarded entire marital portion of pension to wife via QILDRO. Court properly found that wife failed to meet definition of a surviving spouse under Pension Code, and thus surviving spouse benefit is not subject to division as marital property. Pension Code restricts receipt of benefit only to a surviving spouse. Thus, survivor benefits belonged to neither husband nor wife, but to hypothetical and undetermined "surviving spouse" defined by Pension Code, and thus, survivor benefits are not marital property as defined by Marriage Act. (LAMPKIN and GORDON, concurring.)
In re Marriage of Winter, 2013 IL App (1st) 112836 (July 12, 2013) Cook Co., 6th Div. (REYES) Affirmed.
Husband, a retired public school teacher, began receiving pension payments in 1985. Judgment of dissolution in 2005 awarded entire marital portion of pension to wife via QILDRO. Court properly found that wife failed to meet definition of a surviving spouse under Pension Code, and thus surviving spouse benefit is not subject to division as marital property. Pension Code restricts receipt of benefit only to a surviving spouse. Thus, survivor benefits belonged to neither husband nor wife, but to hypothetical and undetermined "surviving spouse" defined by Pension Code, and thus, survivor benefits are not marital property as defined by Marriage Act. (LAMPKIN and GORDON, concurring.)
Best Regards,
Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2
facetime: jondwainmclaughlin@gmail.com
Office: (309) 319-6206
Cell:(309) 433-5034
Thursday, July 18, 2013
Custody-Guardianship Appeal Opinion: In re A.M., 2013 IL App (3d) 120809
The attorneys at Bloomington Law Group LLC are well-versed in family law issues, including custody and guardianship law. Attorney Michelle N. Schneiderheinze made the firm proud, once again, with her work in the case of In re A.M., 2013 IL App (3d) 120809.
Holding:
In proceedings arising from the adoption of three children by their maternal grandmother after the termination of their biological mother's parental rights, the trial court's grant of the guardianship petition filed by the children's maternal aunt was reversed on the ground that the order was void ab initio, since the trial court entered the order without first considering the parental fitness of the maternal grandmother, there was no evidence supporting a finding that the grandmother was unable or unwilling to parent the children, and jurisdiction to hear a guardianship petition exists only after a determination that a parent is unfit.
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Friday, July 12, 2013
Father's Rights: Very Interesting Case for Father in Bloomington IL
Fathers in McLean County often are faced with accusations that are frustrating to deal with. This recent case gives Fathers some insight as to how to combat false or misleading accusations.
Uncorroborated hearsay statements of five-year-old minor alone were insufficient to support a finding of abuse. Sufficient corroboration of alleged abuse or neglect requires more than just witnesses testifying that minor told them of abuse. Minor's mother failed to present sufficient evidence to show that father's visitation would seriously endanger minor. Court properly admitted videotape of minor and her father during visitation at courthouse, as court found tape relevant only for limited purpose of showing that minor did not fear her father, and to observe their interaction. Court properly denied mother's motion for in camera interview with minor, as mother could have presented minor's testimony during hearing but chose not to do so, and trial court has great discretion as to whether to conduct in camera interviews with minors. (WELCH and CATES, concurring.)
In re Marriage of Agers
Illinois Appellate Court
Criminal Court
Best Regards,
Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2
facetime: jondwainmclaughlin@gmail.com
Office: (309) 319-6206
Cell:(309) 433-5034
Saturday, July 6, 2013
Bloomington Law Group LLC
Our Firm
Bloomington Law Group LLC
Attorneys Michelle Schneiderheinze and Jon D. McLaughlin
We first worked together in the chambers of Federal Judge Joe McDade in 2005. Since that time, we have taken paths that have led through several law firms and even a few States. In December 2010, Attorney Schneiderheinze opened her own law firm in Bloomington Illinois, focusing on legal issues relating to consumer debt relief (including bankruptcy), divorce, child custody, and special education. In July 2013, we decided to form the firm of Bloomington Law Group LLC. We wanted to offer our clients better service and more reasonable rates. There are many ideas and experiences that each of us have brought to this firm, and we strive to provide the best legal representation in the Central Illinois Area. We work closely with our clients, and we treat each client like family. Bloomington/Normal is a small enough area that we practically are all family. We also feel that there are creative payment options that we can offer to our clients that will enable them to hire our firm without spending their last dime. It is important to us that our clients feel that our firm is working for their best interests and not simply trying to make a buck off of them.
Our firm handles a variety of civil and criminal legal issues. Predominantly, our firm deals with Divorce and other Family Law Matters, Bankruptcy, Special Education, Estate Planning, and Civil Litigation. If you have any questions for us, please call our bloomington office in order to schedule a free consultation.
Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2
facetime: jondwainmclaughlin@gmail.com
Office: (309) 319-6206
Cell:(309) 433-5034
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