Five Tips

So you discover that your girlfriend or ex-girlfriend is five months pregnant.  She tells you the baby isn’t yours.  Maybe she even tells you that she had a DNA test.  You want to know the truth.  Here’s how to properly handle things legally.

1. Don’t freak out.  The reality is that you can’t get a paternity test until the baby is born.  So save up for an attorney and get in touch with one a month before the due date.  At that time they can file for a court ordered paternity test.
2. Don’t listen to your ex.  One caller to our office was told that his ex said she took a DNA test while pregnant.  It is possible, but not likely as it would require sticking a needle in her and possibly harming the baby.  And even if she did that, it’s not a court ordered test.
3. Don’t sign the birth certificate until you know for sure you are the father.  If you do and it turns out that you aren’t the baby Daddy, once 75 days pass you are on the hook for all parental responsibilities including child support.
4. Once there is a court ordered paternity test, if you aren’t the father then the case is over.  If you are then you have to think about custody, visitation, support, parenting decisions, etc.  This stuff can’t happen until the child is born.
5. Nothing gives one parent the right to be the primary caretaker over the other.  But if you aren’t the primary custodian of the child, you will pay 20% of your net take home pay for child support plus have of any unpaid medical expenses and half of any daycare expenses.

 There is of course a lot more to know, but this is the nuts and bolts.  The first tip is certainly the most important, but they are all relevant.  And if you have any questions or concerns you can contact us at any time.
Written by Michael Helfand

Every week we offer five tips on various areas of Illinois law.  Insurance companies will often wrongly deny payment for a life insurance policy because for the most part they have nothing to lose.  This requires you to get an attorney.  Here are five things that you should know if you are in that situation.

1. You need a copy of the life insurance policy for a lawyer to bring a case.  Just knowing that a policy is out there isn’t enough, although if you can’t find it the attorney should be able to help you still.
2. There are time limits to sue which vary, but can be rather short.  So the point is that you shouldn’t delay because if a suit isn’t filed in time your rights could be barred forever.
3. Unlike some areas of law, most of the attorneys we know will consider taking these cases on a contingency basis which means that you don’t pay them any money up front and they get nothing unless they make a recovery for you.  So don’t fail to pursue a claim because you don’t think you can afford it.  You can.
4. A will or trust is typically irrelevant in these cases.  The life insurance policy typically names a beneficiary.  That is the person that has a right to make a claim.  It’s when no beneficiary is named or they are no longer alive that a will or trust comes in to play.
5. The biggest lie told by the insurance company to get out of paying is that the policy premiums weren’t paid up or that they cancelled the policy.  That’s quite often a lie or fraud, so don’t take their word for it.  They certainly aren’t looking out for you.

 If you have any questions or need our recommendation of an attorney in Illinois that has experience with these cases please let us know.

Written by Michael Helfand

See also: Collecting a life insurance policy in Illinois

One of the best things the City of Chicago has done is to add bike lanes throughout the city.  On Dearborn St.where our office is located there are scores of bikers there every single day heading in each direction. 

 Unfortunately, with thousands of people biking to and from work and to other places, we’ve seen a big increase in accidents.  Here are five things you should do, if possible, if you are struck by a car while on your bike.

1. Whip out your phone and take pictures of the scene.  You want to do this from every angle possible.  It may seem counter-intuitive, but the whole point is to gather evidence.  If you can’t do it because you are hurt, have a friend come back or hire a law firm and they will do it for you.
2. Get information from the driver and witnesses.  Name, phone number, insurance info.  Same for witnesses.
3. Call 911, but don’t talk to anyone other than the police.  You need them to create an accident report in order to protect yourself.  Don’t let the driver or anyone else talk you out of that.  And under no circumstance is it a good idea to discuss the case with the insurance company for the driver.  Their sole purpose is to try and create a defense so they don’t have to pay you.
4. Go to the emergency room if you are hurt.  Of course this is really #1 as there’s nothing more important than your health.  If you don’t start to feel pain until the next day or two, then go to the doctor then. The longer you wait, the harder it is to prove any injuries are related to the accident itself.
5. Get an estimate for your property damage.  Take your bike to a shop that is reputable.  In most cases, three estimates is appropriate.  Don’t fix the bike right away without speaking to an attorney because you may have to keep it as evidence.  If you get rid of the bike you could damage your case.  Same goes for ripped clothes, broken helmets or anything else when you have a severe accident.

 Hopefully you never need these tips or an attorney, but if you do or if you just have questions, we’ll always talk with you for free and in confidence.

Written by Michael Helfand

I was asked to provide a women’s magazine some tips for stay at home Moms in Chicago that are going through a divorce. Here is the advice I shared which is valid for men and women.

1. Unless there was a pre-nup, remember that everything acquired during the marriage is a marital asset. So if your husband started a business, you own part of that.

2. Child custody and visitation is based on the best interests of the child. Don’t assume that because you’ve stayed at home with the kids that will get to continue. You need to document what you do with the kids in great detail as well as concerns about your husband’s parenting if you have any. If you have a child that plays soccer and your spouse hasn’t been to one of their practices or games, you need to note that. If you are the only one that helps with homework, make it clear. Don’t assume that custody is yours. Hope for the best and prepare for the worst.

3. If a divorce is sprung upon you, it can be shocking. But you need to start thinking long term about what you want out of life for you and your children. If you can’t start thinking about your life in 6 months, two years, 5 years and ten years then you could be setting yourself up for trouble. As best you can, take the emotion out of the situation and start thinking about your long term desires. That could involve where you want to live, what religion the kids will have, what you want to do if you go back to work, how you will feel if your spouse re-marries, etc. Goal setting is the #1 thing any person going through a divorce can think about.

4. It’s sad but true that being able to pay for the right lawyer can make all of the difference in the world. In many states, if you are a stay at home mom, your husband could be on the hook for your legal fees. But that’s no slam dunk and you should do whatever you can to save or borrow enough to have a proper retainer fee to hire the right lawyer for your case.

5. Don’t take legal advice from your husband. I’ve had many women (and men) call me in a panic, telling me that their spouse says they will get nothing and never see the kids again. Your spouse isn’t the Judge. Don’t take advice from them as they are not looking out for what is best for you. They are just trying to get in your head and you can’t let them.

Written by Michael Helfand

Whether you have shared custody or sole custody of your child, one parent generally cannot make the decision alone to move out of the state of Illinois with the child.  Here are some factors to consider, if you are wanting to make a move.

1.  A petition should be filed with the court asking permission.

If the child has been living in Illinois, generally that is where the petition would be filed.  You would be asking the judge to grant you the right to remove your child from the state.  If the other parent objects, you would have the responsibility to prove your case as to why the change is right.  This could take time, because both sides need adequate time to prepare and present their arguments.  So it is not a decision that can be made at the last minute before you want to be settled somewhere else.

2.  The judge will base the decision on what is in the best interests of your child, taking many factors into account.

Regardless of how badly you may feel that you need a change, or another state is more desirable, if it is not overall in the best interest of your child, you may not be able to move out of the state.  The judge will look at the specifics of your situation and the proposed move, in light of factors such as:  whether the move will enhance the quality of life for you and your child, and in what way; whether your move is based on bad motives, rather than a positive plan; whether the objection to the move is based on bad motives; what the effect will be on the other parent’s visitation, and if it is possible for an appropriate visitation schedule.

3.  A solid plan for a good, enhanced quality of life will go a long way to justifying the move.

The judge will look at many aspects of the new life you are proposing in the new state.  You can show specifics about the community, school system, other family nearby and other support system, and the positive effect it will have on your life that your child will also benefit from.

4.  Problems can arise if paternity has not been established.

If the parents have not been married, and paternity has not been established, it is difficult for the father to prevent the move.  But that does not necessarily mean that the mother is free and clear to move with the child.  The father could take the steps to establish paternity if he knows you may be planning to move, and could then hold it up.  Also, if you move first, and then paternity is established, you may have to return to Illinois to present your case to the judge.

5.  A short vacation out-of-state is generally not so complicated.

In most situations, there does not need to be a complicated procedure just to take a reasonable vacation outside of Illinois.  Usually, with notification to the other parent as to where and when you will be going, along with contact information for the child, there isn’t a problem.