FROM PAGE 1
Northwest Herald / NWHerald.com
Wednesday, January 22, 2014 • Page A7
Deal comes after 10 months of negotiations • D-155 Continued from page A1
Kyle Grillot – kgrillot@shawmedia.com
Bill Zieske and his wife Denise Halverson have been dealing with a Woodstock landlord they’ve accused of property damage from neglect of needs, consumer fraud, breach of the lease and assault, among other claims.
Couple waiting for response • TENANTS Continued from page A1 Weiss, who owns the state advocacy group Renter’s Rights with her husband. “Out there it’s still God’s country, and the landlord still rules the roost.” But Weiss and others say that renters who are knowledgeable of their rights and options, and who are willing to exercise them, can decrease their chances of a nightmare scenario or of getting pushed around. It starts from the very beginning. During the run through, tenants should make sure they note any and all pre-existing damage, and have the landlord sign off on it. Such damage often becomes a key point for landlords to withhold a deposit later on, said Dominic Buttitta, a Barrington-based attorney and former McHenry County Assistant State’s Attorney. Any damage the renter wants fixed upon moving in should be, as Halverson suggested, in writing – prior to the signing of the lease, Buttitta said. Added Michael Smoron, an attorney who represents the municipalities of Bull Valley, Hebron and Johnsburg: “Even if you have a pre-printed lease, nothing precludes you from adding in writing that the landlord will fix the furnace ... and have the landlord initial it. It doesn’t look very legal, but it’s sufficient to show what the agreement was.” For those who’ve entered into agreements with landlords who then neglect the needs of their tenants, Smoron has two suggestions. For one, he said, tenants can choose to withhold either part or all of a rent payment in order to cover costs toward maintenance that protects the “habitability” of the residence. The landlord, after all, has a responsibility to keep the place up to a standard fit to live in. “If he or she is not doing that after you’ve given the opportunity, I think courts are sympathetic to that,” Smoron said. Finally, Smoron suggests getting the municipality in-
volved in more serious cases. Maintenance issues like broken windows and a lack of heat generally break municipal code and open up a landlord to a citation. He added that municipalities would likely try to pressure the landlord into fixing the problem before issuing code violations or ultimately taking a case to court – a sentiment echoed by Woodstock officials last year when Halverson, Zieske and others spoke out about their landlord troubles. One reason those tenants came forward, Halverson has said, is that many felt trapped. They felt that getting the municipality involved meant they’d receive a notice of eviction – some who spoke in the fall said they’d had that fear become reality. Faced with the belief that they’d need a costly lawyer to fight a bogus eviction notice, many chose to live out their leases in silence, Halverson said. But Smoron views the system with more hope. He said that even without hiring legal representation, a tenant has a good shot at fighting an eviction notice issued without sound reason. “If the tenant has the courage or the ability to express the circumstances in basic language ... the court is sensitive to that and they understand it,” he said. Halverson remains skeptical a tenant could hold their own without a lawyer, and she points to her own dispute as proof. The Woodstock couple hired Buttitta to represent them against Woodstock-based Advantage Plus. Earlier this month, they filed a 61-page defense and counterclaim. While the couple await a response, they’ve started slowly packing up their home and searching the market for a place – although they aren’t sure yet when the time to move will come. “It throws your life into turmoil,” Halverson said. “It’s very stressful and it’s emotionally draining because you don’t know from one day to the next what you’re going to be handed.”
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of the District 155 Education Association, said he was happy the two sides came together, but still believes the new contract will be closer to a 5 percent increase in costs for the district over three years. He said the district would pay less in salaries and benefits this coming year because of retirements and the pay freeze, meaning the raises will
start from a smaller amount than the district budgeted. Regardless, he told board members after they ratified the contract that is was a disappointing process and trust had diminished. He urged the board to communicate with the faculty team and not just the administrative team in the future. “It takes so long to build and just seconds to erode,” Hubly said of trust. “Your leadership was absent.” The teachers’ union ap-
proved the contract Friday on a 268-114 vote. The average teacher salary in District 155 is $94,866, but that number includes department chairs, which are not calculated in average teacher salaries for most districts. That reporting change will be made in District 155 sometime in 2014. The three-year deal came after 10 months of negotiations that came to a temporary standstill in November. Both sides submitted final
Documents cover 30 of the at least 65 clergy • ABUSE Continued from page A1 had Bennett monitored by another priest who was a friend and who vacationed with Bennett. Allegations against Bennett continued well after 2002. He has denied any wrongdoing in his communications with the archdiocese, but was forced out of ministry on Feb. 3, 2006, according to the newly public documents. George tried to get another priest, Norbert Maday, released early from a Wisconsin prison, where he was serving time after a 1994 conviction for molesting two boys, documents show. He also has apologized for how he handled allegations against former priest Daniel McCormack, who pleaded guilty in 2007 to abusing five children and whose case prompted an internal investigation of how the archdiocese responds to abuse
claims. “The issue is not when the abuse happened; the issue is what they did once it was reported,” said Chicago attorney Marc Pearlman, who has represented about 200 victims of clergy abuse in the Chicago area. While disturbing stories of clergy sexual abuse have wrenched the Roman Catholic Church across the globe, the newly released documents offer the broadest look yet into how one of its largest and most prominent American dioceses responded to the scandal, even years after the abuse occurred. The documents, posted online Tuesday by victims’ attorneys, cover only 30 of the at least 65 clergy for whom the archdiocese says it has substantiated claims of child abuse. Vatican documents related to the 30 cases were not included, under the negotiated terms of the disclosure. Victims’ attorneys say they’re working to get files on the other 35 priests.
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contract offers to the Illinois Educational Labor Relations Board in early November after formally declaring an impasse in negotiations that began in late March. The union authorized an intent to strike for the first time in its 40-year history during the process, but Hubly said it was only for an absolute worst-case scenario. The full contract will be available on the district website at www.d155.org in the coming days.
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Help While Court Proceedings are Pending A:
H. Joseph Gitlin, Attorney Joe Gitlin of Woodstock was listed as one of the nation’s top 43 divorce lawyers in the National Law Journal and is listed in The Best Lawyers in America. He is also ranked as an Illinois Leading Lawyer (member of Advisory Board) and Super Lawyer.
Q: Do I have to wait until the case is finalized to obtain child support, child custody, or maintenance (alimony)? A: No. You are entitled to a temporary relief court order, that is, while the court proceedings are pending and before they are finalized. Q: What type of temporary relief is available? A: You can ask for temporary child custody, visitation, child support and maintenance. You can also seek interim (temporary) attorney fees. Q:: I am currently in (a) divorce proceedings, (b) paternity proceedings or (c) proceedings to modify maintenance, child support or child custody. Can I obtain relief before the conclusion of the proceedings? A: Yes. Illinois law allows for temporary relief in each of the above situations. Q: How long does temporary relief last? A: Temporary relief continues until the end of the case. Q: Can the court modify/change temporary orders?
Yes.
Q: Do temporary orders affect the final judgment in a case? A: No. Temporary financial orders are not prejudicial. The court cannot consider a temporary order in its final disposition of the case. Temporary child custody, however, may affect the final determination of custody. Q: How does the court decide who is granted temporary custody? A: The court will decide temporary custody the same way it decides permanent custody. The best interest of the child is paramount. Either party can request a hearing to present evidence. If neither party asks for a hearing, the court may decide solely on the affidavits of the parties. Q: How do temporary custody orders affect the final child custody order? A: In deciding permanent custody, the court must decide based on the best interest of the child. The court generally considers a stable custodial arrangement to be in the best interest of the child. Therefore, the party granted temporary custody has an advantage when determining permanent custody. The parent who has been the historic primary care taking parent is usually granted temporary custody unless there is a “smoking gun” in her/his hand. Q: On what basis does a court set temporary child support? A: The court sets temporary child support in the same manner as final child support. The court will order the non-custodial parent to pay a percent of net income based on guideline figures of 20% for one child, 28% for two children, 32%
for three children etc., up to 50% for six or more children. Often the amount of child support and the income of the parent who has custody of the children are not sufficient to pay the bills. In such a case the court may, in a temporary relief hearing, order, in addition to child support, that the non-custodial parent also pays the mortgage, or rent, etc., but rarely is the combined total more than 50%. The child support level should return to the guideline amount when the case is finalized. Q: How does a court set temporary maintenance/alimony? A: The court considers a variety of factors including age, income, length of marriage, and health. After considering these factors the court will award maintenance in an amount it deems just. The length of the marriage is the primary factor the judge should consider. Q: Can I receive attorney fees before the end of the proceedings? A: Yes. The court can award iterim attorney fees during the proceedings. Q: What factors will the court consider before awarding interim attorney fees? A: The court will award interim attorney fees as needed to allow a party to participate in the litigation. The award of interim fees is based largely on the relative incomes of the parties and the amount of fees already paid by the other party. Q: Are interim attorney fees awarded before or after I incur the costs? A: Both. Interim attorney fees can be awarded for fees already incurred, but can also include reasonably anticipated fees and costs.
GITLIN & BUSCHE Practice limited to family law H. Joseph Gitlin • Sara L. Busche
Between 1:00 & 4:00pm Monday - Friday
111 Dean Street • Woodstock, IL 60098 • ph. 815-338-0021 • www.gitlin.com
Sponsored by Elgin Elks 737 & the Illinois Elks Children’s Care Program
These Q&A’s are published as a service to the community. They are not designed to provide specific legal advice for a specific legal problem. For specific advice you should personally consult with a lawyer.