William T. King, Jr.
Attorney
Specializing in Family Law
 630.844.9821

I only need a will if I am married or have major assets right?

This is positively not the case.    Everyone should have a will.  So many people think that wills are only needed when there are financial assets and only for those people of "wealth".  Couples, single parents of children should have a simple will in place to instruct who they will appoint as guardian(s) to their children. 

An individual should have a simple will in place so that personal items, financial assets can be distributed as the client desires.  Anyone who does not have a will, places a burden on family members and loved ones of having to go through probate court. If you DO NOT have a will it will be controlled by State Law
and you may not agree with the laws or the tax implications.  I can provide you with a complete brochure on what should be included in your will as well as the best way to honor your wishes.

Is a DUI a felony?  Will I lose my license?

The first time and even the second time DUI or DWI is usually charged as a misdemeanor and not a felony.  However in some cases  a DUI misdemeanor can become more serious such as if you were arrested for a DUI after a car accident where someone, either you or a passenger or other driver are injured.  And there are various enhancements for the offense of DUI.

If severe injuries are involved or if there are repeated DUI's, more serious felony charges will be levied.  If you are arrested for Driving Under the Influence and test above the legal limit, which is .08%, or refuse to submit to a chemical test your license will be suspended starting 46 days after the arrest, an action automatically  taken by The Secretary of State.  Before the suspension you can request to have a hearing in court, which will stop the suspension.  You may be eligible for a Breath Alcohol Interlock Device (BAID) to be installed on your vehicle and you will be able to continue to drive.  The person charged has to pay for the installation and monthly charges for the BAID device.  If you are eligible for a BAID device you can basically drive anywhere.

A DUI is a significant matter which can impact your driving privileges for years.  It is important based on what is at stake, that you have representation through this process.

The noncustodial parent from a divorce is not paying child support.  Can I deny them visitation rights?

The courts treat this situation as two  completely separate issues.  Child support is the child's right to be financially supported by the noncustodial parent.  Visitation is the noncustodial parent and the child's  right to spend time with each other.  When a noncustodial parent who has been ordered to pay child support and is not obeying their legal obligation, they are in violation of the court order.  Most judges will not stop visitation because the other parent is not paying child support.  



 
 
Photos courtesy of  Gavel Salvatore, Arvind Balaraman at Freedigital photos.net 
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