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DuPage County Marital Agreement LawyerIf you are like most people, you have probably heard of prenuptial agreements but you may be less familiar with postnuptial agreements. Postnuptial agreements are very similar to prenuptial agreements with one major difference: A postnuptial agreement is agreed to after the couple is already married while a prenuptial agreement is signed before the wedding. This blog will discuss some of the common reasons that married couples negotiate postnuptial agreements and the benefits these agreements may provide.

Basics of a Postnuptial Agreement

Similar to prenuptial agreements, postnuptial agreements or "postnups" are legally binding agreements between two parties. The specific terms of a postnuptial agreement vary from case to case. However, many postnuptial agreements are used to define certain assets as non-marital assets, separate marital assets from non-marital assets, protect business interests, and confirm estate planning wishes.

Why Sign a Postnuptial Agreement?

The reasons that couples sign postnuptial agreements are as varied and unique as the individuals in those relationships. Some of the most common reasons married couples sign postnuptial agreements include:

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DuPage County Commercial Real Estate LawyerReal estate investors often buy commercial properties with the intention of updating, modifying, or improving the property. If you are buying commercial real estate, it is crucial that you understand the zoning and land use laws that will affect you. Strategic commercial development avoids zoning violations that will cause legal and financial headaches. If you are building on commercial property, work with a real estate lawyer who can help you complete your development project efficiently and legally.

Zoning Laws and Land Use Rules

Like most things in commercial real estate, modifying or building on a commercial property comes with a considerable amount of red tape. Anyone beginning a development project will want to understand how land use and zoning laws apply to the project.

Make sure you understand your obligations regarding:

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DuPage County Living Will LaywerThe pandemic has made many of us more acutely aware of our own mortality.  It has also forced us to confront the difficult question of what our end-of-life wishes would be if we were to become seriously ill.

A living will is a legal document that allows you to spell out your preferences for medical treatment in the event that you are unable to communicate them yourself. Creating a comprehensive estate plan, including a living will is important regardless of your current age or health.  It is especially important if you have a chronic or terminal illness, or if you are over the age of 65.

What Does a Living Will Cover?

A last will and testament describes how your earthly possessions are distributed to heirs. A living will, on the other hand,  is all about your healthcare and treatment preferences. It allows you to make decisions in advance about the kind of medical care you would or would not want to undergo if you were extremely sick. This spares your loved ones from having to guess what your wishes are.

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DuPage County Paternity LawyerIllinois adopted a new methodology for calculating child support in July 2017. Child support obligations are now calculated using the Income Shares formula. The amount a parent pays is based on both parents’ net incomes and the number of children involved. Although Illinois has used this calculation method for several years now, there is still a significant amount of confusion about establishing, modifying, and enforcing child support payments. This blog will present an overview of child support laws in Illinois and answer some of the most frequently asked questions about child support obligations.

How Do I Start Receiving Child Support?

Any parent can confirm that raising a child is expensive, and single parents often rely on financial support from the other parent to make ends meet. If a mother wants to receive child support from a child's father, she must first confirm that paternity is established. Paternity may be established through a Voluntary Acknowledgement of Paternity, an administrative order, or adjudication from the court.

The next step is to file a petition for child support with the Illinois Department of Healthcare and Family Services (HFS). Once the petition is filed, HFS will send notice to the other parent and set up a hearing.

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DuPage County Residential Real Estate LawyerIf you are in the process of buying or selling a home, you may be wondering what to do if you come across a mechanic's lien during your transaction. A mechanic's lien is a claim that a contractor or subcontractor has against a property for unpaid work. If you are the buyer, this can be a huge problem because it means that the property you are interested in purchasing may have a debt attached to it. If you are the seller, a mechanic's lien can also complicate things because it may reduce the amount of money you ultimately receive from the sale.

What is a Mechanic’s Lien? 

A mechanic's lien is a claim that a contractor or subcontractor has against a property for unpaid work. For example,  if you hire a contractor to build a deck and the contractor is not paid for their services, they may put a mechanic's lien on your property. This means that if you try to sell your home, the contractor can come back and claim the money they are owed out of the proceeds from the sale. Unfortunately, some homeowners find themselves facing mechanic liens even if they believe they have already paid their contractor in full. 

Addressing Mechanic’s Leins During Residential Real Estate Transactions 

If you are selling your home, but there is a mechanic’s lien on the property,  the first thing you should do is try to negotiate with the contractor who placed the lien. You may be able to come to an agreement about how the debt will be paid off so that it does not interfere with your sale. Work with an attorney who can advocate on your behalf during negotiations and provide the step-by-step guidance you need. If you are buying a home and there is a mechanic's lien on the property, you may need to work out an agreement with the seller about how the debt will be paid before you can close on the home. 

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