Author: Louis Fine

Family Planning: Divorcing Parents in Illinois Now Need to Submit a Parenting Plan to the Court

Posted on by Louis Fine

Parenting planMarriage involves a lot of plans – financial plans, estate plans, retirement plans, vacation plans, plans for the future. Divorce requires a lot of planning as well, and as of January 1, 2016, divorcing parents in Illinois will need to agree to a parenting plan.

As part of the sweeping changes to Illinois divorce law that went into effect at the beginning of this year, all divorcing couples with children will need to submit a parenting plan to the court. This requirement is designed to bring clarity and reduce conflict regarding the logistics of parenting together but separately.

What is in an Illinois Parenting Plan?

A parenting plan should address all of the major issues and decisions – both big picture and day-to-day — involved in raising a child. Under the new language of the revised law, parenting plans involve the allocation of “parenting time’ and “parental responsibilities.”

Section 602.10(f) of the revised Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.10) contains a long list of issues and subjects that “at a minimum, a parenting plan must set forth.” These include:

  1. an allocation of significant decision-making responsibilities;
  2. provisions for the child’s living arrangements and for each parent’s parenting time, including either;
    • a schedule that designates in which parent’s home the minor child will reside on given days; or
    • a formula or method for determining such a schedule in sufficient detail to be enforced in any subsequent proceedings;
  3. a mediation provision addressing any proposed reallocation of parenting time or parental responsibilities;
  4. each parent’s right of access to the child’s important records, including medical, dental, psychological, and child care records, as well as school and extracurricular records, reports, and schedules;
  5. a designation of the parent who will be denominated as the parent with the majority of parenting time (formerly known as the “custodial parent”);
  6. the child’s residential address for school enrollment purposes only;
  7. each parent’s residence and work address and phone number,
  8. a requirement for 60-days’ notice to the other parent of a change in residence;
  9. provisions requiring each parent to notify the other of emergencies, health care, travel plans, or other significant child-related issues;
  10. transportation arrangements between the parents;
  11. provisions for communications, including electronic communications, with the child during the other parent’s parenting time;
  12. provisions for resolving issues arising from a parent’s future relocation, if applicable;
  13. provisions for future modifications of the parenting plan, if specified events occur;
  14. provisions for the exercise of the right of first refusal, if so desired, that are consistent with the best interests of the minor child as to certain issues;

When Does a Parenting Plan Have to be Submitted?

A written parenting plan agreed to by the parties needs to be submitted to the court for approval within 120 days after service of a petition for allocation of parental responsibilities or the filing of an appearance, except for good cause shown.

What if the Parties Can’t Agree to a Parenting Plan?

There is a lot of ground to cover in a parenting plan, and despite good faith efforts, the practical and emotional complexities of parenting after divorce may make reaching an agreement challenging if not impossible. When that happens, “the court shall order mediation to assist the parents in formulating or modifying a parenting plan or in implementing a parenting plan…” 750 ILCS 5/602.10(c).

If mediation is unsuccessful in helping the parents agree to a plan, then each parent is to submit their own proposed plan to the court. The court will then make a determination as to how parenting time and parenting responsibilities are to be allocated based on the best interests of the child. Similarly, if neither party submits a proposed plan, the court will hold evidentiary hearings to allocate parental responsibilities.

As with most aspects of divorce, reaching a negotiated resolution of parenting issues is always preferable to protracted conflict that ultimately takes the decisions out of the parents’ hands and puts them in the hands of a judge. Illinois’ new parenting plan requirement is a pretty clear effort to help divorcing parents reach such resolutions as quickly and completely as possible.

Louis R. Fine – Trusted Chicago Divorce Attorney

If you are considering divorce and are looking for counsel, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. Together, we will turn the page so you can begin the next chapter of your life with clarity and confidence.

13 Things You Should Know Before Meeting with a Divorce Lawyer

Posted on by Louis Fine

filesOne of the most important decisions you will make during your divorce happens early on, when you research, meet with, and retain a divorce lawyer. Your lawyer will be your ally, your advisor, and your advocate throughout the divorce and beyond. It is imperative that you know what to look for in a lawyer and that you make your choice wisely.

In order for your first meeting with your lawyer to be as productive as possible, you need to be completely candid and honest. Remember, everything you discuss is protected by the attorney-client privilege. Tell the lawyer your concerns and goals, and ask any and all questions you may have. Remember, when it comes to your divorce, nothing is unimportant if it is important to you.

Your lawyer is going to have questions for you as well. He or she will want to have a complete picture of your situation in order to offer you the best advice and develop the best strategy for helping you reach a resolution that protects your rights and achieves your objectives.

In order to help your attorney do this, you will want to gather information and documentation that will not only familiarize him or her with your circumstances but will probably bring you new or additional insight into your financial and other affairs as well.

Before your meeting with a divorce lawyer, try to have learned or assembled the following 13 categories of information:

  1. Several years of your tax returns;
  2. Checking and savings account statement;
  3. Records of all investment accounts and pensions;
  4. Mortgage statements;
  5. If you or your spouse operate a business, secure copies of the business records;
  6. Inventory of the contents of safe deposit boxes;
  7. Credit card bills and credit reports;
  8. Income of each spouse
  9. Expenses of each spouse
  10. Assets of the spouses (joint and separate), including such things as art, antiques, fine jewelry, cash, vehicles, real estate and furniture
  11. Liabilities of each spouse
  12. Pension plans, retirement accounts , 401(k)s, IRAs, and any other employee benefits
  13. Life, health, and disability insurance policies owned by each spouse

If your spouse handled the bills, taxes, and paperwork, you may have to do some digging. But having this information in advance will make your meeting with your attorney more effective, efficient, and productive.

Louis R. Fine – Trusted Chicago Divorce Attorney

If you are considering divorce and are looking for counsel, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. Together, we will turn the page so you can begin the next chapter of your life with clarity and confidence.

When It’s Business and It’s Personal: Small Business Ownership and Divorce in Illinois

Posted on by Louis Fine

business divorceIf you own your own business, you know that it can be hard sometimes to not take things personally. With so much cash, sweat, and tears invested in your company, its successes or struggles will impact you in ways far beyond what is reflected on a balance sheet.

Just as your business can impact your personal life, your personal life can have a huge effect on your business, especially if you are going through a divorce.

The ownership, valuation, and division of small business interests in a divorce can be a major source of conflict. Whether you own your business by yourself or with other partners or members, it is important to understand how the end of your marriage will affect your business, your ownership interest, and your wallet.

In an Illinois divorce, property is divided into “marital” property and “non-marital” property. The former is property acquired during the marriage and will be equitably divided between the spouses. The latter is the property of the spouse who owned it prior to the marriage and will be awarded to that spouse.

As such, if one spouse owned a business prior to the marriage, it will generally remain their business after the divorce. But this is where things get complicated.

Businesses aren’t pieces of furniture; they don’t just sit there stagnantly. During the course of a marriage, businesses grow; businesses pay salaries and make distributions; businesses incur debt; businesses obtain capital and investments from the owners; businesses may add owners, including a spouse.

Much of what happens to the business while a couple is married means that both spouses may be entitled to an interest in the value of the business. For example, the following will be counted as marital property to be equitably divided:

  • Business ownership interest acquired during the marriage
  • The gain in value in the ownership interest of a business established before the marriage which accrued by personal effort of the owner spouse during the marriage
  • Discrete, distinguishable assets acquired by a non-marital business during marriage

Furthermore, a non-owner spouse may be entitled to a right of reimbursement for contributions made toward a non-marital business during the marriage.

When a business or an interest in a business is deemed to be marital property, the valuation of the business or ownership interest becomes a big issue. Each spouse may wind up retaining accountants or other experts to establish the value of the business such that the cash value can be allocated as part of the larger division of assets. Rather than force a divorcing couple to remain business partners, courts will often offset the value of the business interest by awarding other assets to the non-owner spouse.

Of course, a valid pre-nuptial agreement that addresses the issue of business ownership upon divorce can take all of this out of the court’s hands and bring clarity to both the divorce process as well as business operations going forward.

Louis R. Fine: Chicago Business Division and Valuation Attorney

Illinois business division and valuation issues are complicated and can have a long term impact on the financial well-being of both spouses. As an experienced Chicago divorce lawyer, I understand the complexities and challenges involved in dividing business interests as part of divorce. I work to ensure that every client receives what they are entitled to while minimizing conflict and acrimony throughout the process.

If you have questions or concerns about how your business may be impacted by your divorce, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. I look forward to assisting you.

A Crash Course in College Costs Under Illinois’ New Divorce Law: What Parents Need to Know

Posted on by Louis Fine

college costs 2016High school seniors in Illinois and across the country are anxiously awaiting the delivery of college acceptance (or rejection letters). At the same time, their parents are anxiously trying to figure out how they’re going to pay the astronomical costs of tuition and related expenses.

For divorced parents, however, this anxiety can be compounded with uncertainty or conflict about who if anyone has to pay for their child’s college costs and what the extent of those obligations are.

The sweeping changes to Illinois divorce law that became effective on January 1st include extensive and detailed provisions that attempt to bring clarity to college expense obligations in the event that the parties can’t otherwise agree. Here’s what you need to know if college is in your child’s future:

“Educational Expenses” Defined

As was the case under the old version of Illinois’ divorce law, either parent can petition the court to require the other parent to contribute to “educational expenses,” both before and after a child becomes a legal adult.

Section 513(d) of the revised Illinois Marriage and Dissolution of Marriage Act defines what are and are not “educational expenses” that a parent can be obligated to pay. Importantly, the extent of many of the obligations are pegged to the costs incurred for attending the University of Illinois, though the child can attend college anywhere.

“Education expenses” include:

  • the actual cost of the child’s post-secondary expenses, including tuition and fees, provided that the cost for tuition and fees does not exceed the amount of tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year;
  • the actual costs of the child’s housing expenses, whether on-campus or off-campus, provided that the housing expenses do not exceed the cost for the same academic year of a double-occupancy student room, with a standard meal plan, in a residence hall operated by the University of Illinois at Urbana-Champaign;
  • the actual costs of the child’s medical expenses, including medical insurance, and dental expenses;
  • the reasonable living expenses of the child during the academic year and periods of recess under certain circumstances; and
  • the cost of books and other supplies necessary to attend college.

College Doesn’t Last Forever

Under Section 513(a) of the new law, any contributions sought in a petition must be for expenses “incurred no later than the student’s 23rd birthday, except for good cause shown, but in no event later than the child’s 25th birthday” unless otherwise agreed to by the parties. If your 35-year-old daughter wants to go back to school to get her MBA, she is on her own.

A child is also on their own if they don’t keep their grades up. Any previously ordered obligation to pay for college costs terminates if the child fails to maintain a cumulative “C” grade point average, except in the event of illness or other good cause shown. Payment obligations also terminate when the student receives a baccalaureate degree or marries.

Financial Aid

Section 513(b) provides that a court may require both parties and the child to complete the Free Application for Federal Student Aid (FAFSA) and other financial aid forms and to submit any form of that type prior to the designated submission deadline for the form.

Admissions Tests and Applications

College costs money well before your student sets foot on campus. Even if the court doesn’t order any other contributions, Section 513(b) provides that the court can require either or both parties to provide funds for the child so as to pay for:

  • the cost of up to 5 college applications
  • the cost of 2 standardized college entrance examinations, and
  • the cost of one standardized college entrance examination preparatory course.

Too often, parents delay filing a petition for college expenses until the bill for tuition and fees is upon them. If you wait until your child is packing up for the first day of school, you could get stuck with the bill for the first semester.

If you have questions or concerns regarding your child’s college costs after a divorce, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation.

It’ll Take More Than Regret to Get Out of an Illinois Prenuptial Agreement

Posted on by Louis Fine

prenupAs the new year approaches, you may find yourself taking stock of the past twelve months – tallying your triumphs or setbacks, good fortune or regrets.

If one of your regrets over the past twelve months – or 12 years – was signing a prenuptial agreement that you no longer want to abide by, you’ll need more than just buyer’s remorse to get out of it.

Many couples, prior to their wedding day, decide to execute a prenuptial agreement to govern property division, spousal support, financial obligations, and other matters in the event that their marriage ends.

In a 2013 survey of 1,600 members of the American Academy of Matrimonial Lawyers, 63% of the responding attorneys reported an increase in prenups over the previous three years.

But when happily ever after fails to materialize and divorce is on the horizon, one party to the prenuptial agreement may no longer find the agreement to their liking and attempt to get around the agreements they made years or decades ago.

Unless they had been forced to sign the agreement or were misled as to their spouse’s financial condition and assets, avoiding the terms of a prenuptial agreement in Illinois is not an easy proposition.

Force, Fairness, and Failure to Disclose

The Illinois Uniform Premarital Agreement Act (IUPAA) governs prenups in the state and sets forth very specific and narrow bases for voiding such agreements.

As a preliminary matter, it should be noted if both spouses want to tear up or modify the agreement any time after execution, they are free to do so as long as the revocation or amendment is in writing and signed by both parties. (750 ILCS 10/6)

Absent an agreed upon revocation, however, the Section 7 of the IUPPA (750 ILCS 10/7) provides that a premarital agreement is not enforceable only if the party who wishes to avoid its terms proves that:

  • they did not execute the agreement voluntarily; or
  • the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
  • was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
  • did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
  • did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

All of the foregoing relates back to the circumstances at the time the agreement was entered into, not today. Only if, at that time, one party was forced to sign the agreement under duress (“sign or else I won’t marry you” doesn’t count as “duress”), or the other party hid the ball and did not provide accurate information or “fair and reasonable disclosure” in regards to assets, debts, income, pensions, or other financial or personal matters that the other party did not or could not have known about on their own – and they did not waive the right to disclosure of those facts – may a judge refuse to enforce the agreement.

For that lack of disclosure to void the agreement, however, the agreement must be “unconscionable,” that is, excessively oppressive to one party in the context of all of the facts at issue. Whether a given prenuptial agreement is unconscionable is an issue decided by the court on a case by case basis.

Spousal Support Provisions May be Modified for “Undue Hardship”

One exception to the hard and fast rules set forth above relates to spousal support. If a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement “undue hardship in light of circumstances not reasonably foreseeable at the time of the execution of the agreement,” a court may require the other party to provide support to the extent necessary to avoid such hardship. (750 ILCS 10/7(b)).

As the changes to Illinois divorce law that take effect January 1 eliminate all grounds for divorce other than “irreconcilable differences, your regret is enough to get you out of your marriage. But it’s not enough to get you out of your prenup.

If you have questions or concerns regarding any issues relating to divorce, including the enforceability of a prenuptial agreement you’ve signed, please give me a call at (312) 236-2433 or fill out my online form to arrange for a free initial consultation.

For Those Who Spend Less Than $300 Million on a Lawyer

Posted on by Louis Fine

feesIf you spend $300 million or more a year on legal fees, this post is not for you. If, however, you need to hire a lawyer and are concerned about how – and how much – you will be billed, keep reading.

Certainly anyone who finds themselves needing to retain an attorney – whether a Fortune 100 company, a small business, or an individual –  wants to make sure they are being billed fairly by their lawyer and that they are getting value for their money.

The folks who write $300 million checks to lawyers can go to insurance giant AIG for help managing their legal expenses, as the company recently set up a new entity whose sole purpose is to advise large businesses about the amounts they are paying their attorneys and “what the right costs for services are and the right value is for the services that are being delivered.”

But most folks aren’t going to be hiring a whole other company to make sure that happens.

When you hire an attorney for a business or personal matter, your assurance that your lawyer is being straight up with you on their fees and billing practices will largely hinge on open and honest communication between you and your lawyer. This should include establishing clear expectations as well as dialogue about how and why you are being billed.

Clear Expectations – Even When Things Are Unclear

I have a fairly diverse practice, encompassing estate planning, family law, and transactional matters as well as litigation. With litigation in particular, the process can be and usually is lengthy, time-consuming, and notoriously unpredictable.

Cases can be resolved fairly early in a dispute (which is always the hope and goal) or the conflict can metastasize into a matter that takes a long and winding road to trial, on to post-judgment motions and appeals and perhaps another round in the trial court, just to name a few possibilities.

I let my clients know upfront about the dangers and potential costs of litigation, and those discussions not only set expectations but play a role in the strategy we decide upon going forward. It is vital that clients go into a lawsuit with a clear understanding that the amount in fees that may be expended is unclear. This does not mean you are writing a blank check. It does mean that you know what you may be in for so you can plan accordingly.

While estate planning and business transaction matters may have more predictability than litigation, the necessity of setting expectations upfront is no less important. I provide my clients with either a set fee or a range within which they can expect their matter to cost.

By having these discussions at the outset, we can avoid surprises or misunderstandings down the line, and we can incorporate any questions or concerns about costs into our planning.

A Dialogue, Not Just a Bill

From our first meeting until your matter is concluded, I want you to feel and believe that I will be fair, transparent, and accommodating in my billing practices. I want you to know what to expect in the future and what has been done for you in the past. I want you to review and fully understand your bills and reach out to me if something is unclear. If your case has taken a turn that will result in a monthly bill being particularly high, I will make every effort to give you a heads-up so that you can plan accordingly.

Finally, I know that if you are paying for my services, you are likely doing so because circumstances have made it a necessary or prudent move in order to protect your interests or advance your goals. Part of protecting your interests is being judicious in my billing and cutting time from my bills on occasion.

My fundamental role as a lawyer is to help people who need legal assistance. To that end, I will work with you to find an arrangement that fairly allows me to do so.

At the end of our legal journey together, you should feel that my bills are fair, reasonable, and within the expectations set throughout the course of your matter – even if you spend a little less than $300 million.

Illinois Divorce Law Won’t Look the Same Come 2016

Posted on by Louis Fine

ChangesNo more grounds for divorce other than “irreconcilable differences.” No more “custody” and “visitation,” only allocation of “parenting time” and “parental responsibilities.” These are just a few of the sweeping changes coming to Illinois divorce law when the calendar changes to 2016.

This summer, Gov. Bruce Rauner put his signature on SB 57 (now Public Act 099-0090). This law modifies a number of sections of the Illinois Marriage and Dissolution of Marriage Act as well as other related statutes. The changes are effective as of January 1, 2016.

No One Ever is To Blame

One of the biggest changes is the elimination of all grounds for divorce other than “irreconcilable differences.”

As the law stands now, you can file for divorce alleging any number of grounds (such as adultery, physical cruelty, or mental cruelty) or you can simply assert that there are “irreconcilable differences” between you and your spouse, which is the legal term for “this just isn’t working out.”

However, if you filed on that latter “no-fault” basis, you would either have to live separate and apart for two years before you could seek a divorce or agree to a waiver, which would still require a six-month wait.

Under the revised law, the only basis for filing for divorce is “irreconcilable differences” and, if both parties agree, they can proceed with a divorce immediately (if they don’t agree, there is still a six month living separately requirement).

Allocation of “Parental Responsibilities” and “Parenting Time”

Current law about where children reside and how much time they spend with each parent is framed in terms of “custody” and “visitation.” The revised law throws those ideas out the window, drilling down to and specifically allocating all of the individual “parental responsibilities” involved in raising a child as well as allocating “parenting time.”

As has always been the case, “the best interests of the child” is the North Star on which all decisions relating to kids are made. In the new framework, the parties can either reach agreement on a “parenting plan” or the court “shall allocate to one or both of the parents the significant decision-making responsibility for each significant issue affecting the child.” Section 602.5(b). These “significant issues” include:

  • Health
  • Education
  • Religion
  • Extracurricular activities

As to allocation of “parenting time,” the court will look at many of the same factors it currently does in making “custody” determinations, including:

  • the amount of time each parent spent performing caretaking functions in the previous two years
  • any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child
  • the child’s needs
  • the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement
  • the willingness and ability of each parent to place the needs of the child ahead of his or her own needs

Relocation Restrictions

Parental relocation is often a sticky issue. Currently, a parent with residential custody can move anywhere within Illinois. Under the new law, some moves require notice to the other parent and ultimately approval by the court if the non-moving parent objects. Specifically, notice and/or approval is required if:

  • a parent with residential custody residing in Cook, DuPage, Kane, Lake, McHenry, and Will counties is seeking to move more than 25 miles from their current residence
  • a parent in any other Illinois county is seeking to move more than 50 miles from their current residence

Additionally, a parent with residential custody can move up to 25 miles away without agreement or approval even if the new residence is across the Illinois state line.

Call Me If You Have Questions

There are many other changes to Illinois divorce law that are part of this overhaul as well. If you are considering a divorce and have questions about how these changes to the law may impact your decision-making, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation.

 

How to Lose Your LLC’s Personal Liability Protection in Two Easy Steps

Posted on by Louis Fine

piercingWhether you are just starting a new venture or growing your business beyond a sole proprietorship, you will inevitably reach a point where you want to ensure that your personal assets will not be vulnerable in the event that lawsuits or other liabilities confront your business. In the world of small business, there are two clear vehicles to accomplish that goal: a limited liability company (LLC) or an S-corporation (often shortened to S-corp).

As I discuss here, both LLCs and S-corps do what sole proprietorships do not, and that is remove your personal assets from the reach of your business creditors. However, if you are an Illinois LLC owner and you fail to maintain and treat the LLC as a separate entity or engage in fraudulent conduct, you expose yourself and your partners to the very personal liability for corporate obligations that led you to form the entity in the first place.

“Piercing the Corporate Veil”

“Piercing the corporate veil,” – though the concept applies to LLCs as well – is the term used to describe imposing personal liability on a company’s owner(s) for a corporate obligation. Plaintiffs often attempt to pierce the corporate veil when the company they are suing is insolvent or would be otherwise unable or unlikely to pay any judgment entered against it.

Veil-piercing allows a court to “impose liability on an individual or entity that uses a corporation merely as an instrumentality to conduct that individual’s or entity’s business.” Fontana v. TLD Builders, Inc., 362 Ill. App. 3d 491, 500 (2005)

Illinois courts use a two-prong test to determine whether to pierce the corporate veil:

  1. there must be such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist; and
  2. circumstances must exist such that adherence to the fiction of a separate corporate existence would sanction a fraud, promote injustice, or promote inequitable consequences.”

When You and Your LLC Are One and the Same

In determining whether the “unity of interest and ownership” prong of the test is met for an LLC, a court will consider many factors, including:

  • inadequate capitalization;
  • insolvency of the debtor LLC;
  • commingling of funds;
  • diversion of assets from the LLC by or to a member to the detriment of creditors;
  • failure to maintain arm’s-length relationships among related entities; and
  • whether, in fact, the LLC is a mere facade for the operation of the dominant members.

Failure to Follow Formalities Isn’t Enough

One of the reasons business owners form LLCs rather than S-Corps is that there are fewer corporate formalities that need to be followed. In some states, failure of LLC owners to follow corporate formalities can be a basis for piercing the veil.

In Illinois however, the state’s LLC Act specifically provides that “the failure of a limited liability company to observe the usual company formalities or requirements relating to the exercise of its company powers or management of its business is not a ground for imposing personal liability on the members or managers for liabilities of the company.” 805 ILCS 180/10-10(a), (c).

Failure Doesn’t Necessarily Equal Fraud

If a court finds that an LLC and its members were one and the same – “that there was a unity of ownership and interest” – it still must find that failing to pierce the veil would “sanction a fraud, promote injustice, or promote inequitable consequences.”

Simply because an LLC goes under doesn’t mean that shielding the owners from personal liability would be inequitable. Sure, it would be unfortunate for the suing creditor, but without an intent to defraud or other conduct that makes it clear that the owners were acting in bad faith, a court will not pierce the veil.

The Law Offices of Louis R. Fine

If you are an Illinois LLC owner, it is critical that you understand that the protections afforded to your assets aren’t set in stone just because you formed an LLC. I work closely with my small business clients to implement programs and protocols designed to minimize risks, including the risk of personal liability for their business obligations. If you need assistance with any small business legal matter, please give me a call at 312-236-2433 or fill out my online form to arrange for your free initial consultation.

Doctors Without Borders: Illinois Becomes 11th State to Streamline Multi-State Physician Licensure

Posted on by Louis Fine

License mapIllinois physicians seeking to practice in other states as well as out-of-state physicians looking to practice in Illinois will have an easier time doing so now that Illinois has joined 10 other states in enacting the Interstate Medical Licensure Compact Act (the “Act”).

Simplified Licensure Process

Signed into law on July 20th by Gov. Bruce Rauner, the Act allows physicians who wish to practice in any of the states participating in the Compact to obtain multiple state licenses without going through the process of submitting a formal application or providing the same materials to each participating state medical board.

An “Interstate Medical Licensure Compact Commission,” which will be formed now that a sufficient number of states have joined the Compact, will collect applicable fees and transmit the physician’s information and licensure fees to the additional states in which the physician seeks to practice.  Those states would then make the licensure decision.

Promoting Telemedicine

The driving force behind the Compact is the increasing use of telehealth technology by doctors and other health care professionals who are generally prohibited from delivering health care services through telemedicine to patients in states in which they are not licensed. By streamlining the licensing process and decreasing redundancy, the Compact aims to remove barriers to the use of telehealth in patient care.

11 States and Counting

In addition to Illinois, the other states that are currently members of the Compact are:

  • Alabama
  • Idaho
  • Iowa
  • Minnesota
  • Montana
  • Nevada
  • South Dakota
  • Utah
  • West Virginia
  • Wyoming

The number of states participating in this arrangement is only expected to grow, as legislation is currently pending in Maryland, Michigan, Nebraska, Oklahoma, Rhode Island, Texas, Wisconsin and Vermont that would bring those states into the Compact’s fold.

Louis Fine: Your Chicago Physician and Health Care Licensure Attorney

As a former chief prosecuting attorney and administrative law judge for the Illinois Department of Financial and Professional Regulation (IDFPR), and with experience both prosecuting and defending doctors and other health care professionals before IDFPR, I understand how the Department handles licensure matters, why it decides to pursue investigations, how it approaches negotiations, and how to handle formal proceedings in a way that gives my clients the best possible chance of a positive outcome.

If you are a physician or health care profession and have questions or concerns about a licensure matter, please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Like It or Not, Your Social Media Posts Can Hurt Your Divorce Case

Posted on by Louis Fine

FB - DivorceSocial media use has exploded over the past decade. Facebook, Twitter and Instagram are currently the most popular sites for sharing the latest news, gossip and photos, and new social media websites are launching almost daily. Social media users share the most intimate details of their lives in countless status updates, including where they were, what they did, what they ate, who accompanied them and what they saw and heard. Strangers can learn a great deal of personal information about a Facebook or Twitter user simply by visiting his or her page.

So can divorce lawyers and soon-to-be-ex-spouses.

What You Post Can and Will Be Used Against You

According to the American Academy of Matrimonial Lawyers, more than 80 percent of divorce attorneys surveyed reported an exponential increase in the amount of evidence collected from social networking sites in the past few years. It’s not hard to understand why. Proof of infidelity, pictures or posts that seem to contradict claims as to assets or wealth, statements that may call into question a person’s fitness as a parent – everything that you say or that someone else may say about you online can and will be used against you.

NBC News surveyed numerous divorce and family law attorneys a few years back who shared some examples of ill-advised social media use that played a big role in the outcome of the proceedings, including:

  • Husband goes on Match.com and declares his single, childless status while seeking primary custody of said nonexistent children.
  • Husband denies anger management issues but posts on Facebook in his “write something about yourself” section: “If you have the balls to get in my face, I’ll kick your ass into submission.”
  • Father seeks custody of the kids, claiming (among other things) that his ex-wife never attends the events of their young ones. Subpoenaed evidence from the gaming site World of Warcraft tracks her there with her boyfriend at the precise time she was supposed to be out with the children. Mom loves Facebook’s Farmville, too, at all the wrong times.
  • Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.

In a recent Illinois case (In re Marriage of Miller), the court terminated maintenance payments to an ex-spouse after finding that she was cohabitating with someone else.  The court based its conclusion in large part on Facebook posts in which the ex-spouse and her new boyfriend clearly held themselves out as a couple and in which it was made clear that they were living together.

There is No Reasonable Expectation of Privacy on Facebook

If you think that your privacy settings will save you, think again. A number of courts have ruled that social media postings are not private, even when users adjust their privacy settings to shield their page from public view. Facebook and Twitter’s privacy policies warn users that the purpose of the sites is to share information, and that the public can view the posts on the sites.

Additionally, there have been cases where courts have ordered litigants to turn over social media passwords so that opposing counsel or prosecutors could gain access to the information, posts, and photos found there.

Deleting Won’t Help

Deleting potentially damaging posts while your divorce litigation is pending can also do more harm than good and get you in trouble with the court for spoliation of evidence. Last year, the New York State Bar Association as well as the Philadelphia Bar Association issued advisory opinions in which they stated that attorneys can advise clients to adjust their privacy settings and remove or delete content from their pages so long as the information is preserved such that it can be produced in litigation if requested.

Post Like EVERYBODY is Watching

Obviously, the best course of action for someone who is contemplating divorce or who is currently going through one is to avoid posting on social media altogether. For many people, however, this is simply unrealistic. When I advise clients about social media use during their divorce, I am reminded of the saying “dance like nobody’s watching.” When it comes to your online life, post like EVERYBODY – your spouse, their attorney, your kids, the judge – is watching.

If you have questions or concerns regarding any issues relating to divorce, please give me a call at (312) 236-2433 or fill out my online form to arrange for a free initial consultation.