Tom Gordon, Senior Counsel of HALT, traveled to Chicago last week for a hearing of the Illinois Supreme Court Rules Committee to testify in favor of a proposed change to Rule 281. This change would increase the state's small claims dollar limit from $5,000 to $7,500. In addition to this increase, Gordon urged the committee to consider increasing the dollar limit further, ideally to HALT's proposed limit of $20,000. His testimony pointed out the benefit to court users of eliminating the legal "no-man's land" in which people's cases are too large for small claims court but too small to be affordably handled by an attorney. Gordon also brought to the committee's attention HALT's study of the relationship between dollar limits and caseloads, which showed a decrease in the small claims caseload for Illinois when it last raised its dollar limit.

Judge Wayne Rhine, who is Supervising Judge of the Non-Jury Division for Cook County's 1st Municipal District, called the dollar limit increase "a godsend to the judges" of his court. In addition, one of the committee members, echoing Gordon's suggestion of an increase above $7,500, asked Judge Rhine whether he would support a further increase. Judge Rhine replied that he would like to see the limit extended to $10,000.

Additionally, the representative of the Illinois State Bar Association, who was there to speak on an unrelated issue, voiced his support of the dollar limit increase. None of the witnesses for Gordron witnessed voiced any opposition to the increase. There is no set date for further action on the proposal, but HALT will keep you updated. Stay tuned!

With its newest free guide, HALT offers information about lemon laws--state regulations that entitle you to a replacement or refund if you purchase a defective car. HALT's Citizens Legal Guide Lemon Laws: What Do I Do If My Car Is a Lemon? educates people about the criteria states uses to decide if acar is a lemon, the notice you must give the manufacturer and the remedies to fix the problem.

"Understanding the requirements for having the car declared a lemon is a complex and sometimes frustrating task. With this new guide, consumers will be able to navigate the process and assure that they receive compensation," stated HALT Program Director Theresea Rudy. "This plain-language guide explains the why, how and when of lemon laws."

Few things can be more frustrating than spending thousands of dollars on a new automobile, only to find out it doesn't work. Each year, an estimated one percent of all new cars produced are chronically defective. If you happen to be one of the unlucky consumers who purchases a lemon, you should know how to use state laws that entitle you to a replacement or refund. This guide will help you determine if your car is a lemon, tell you what you can do about it, and direct you to resources for additional information.

The Washington Post - December 22, 2004

What would happen if you found out that the judge hearing your case had taken an all-expenses- paid vacation to, say, Amelia Island Plantation with your adversary? Sadly, as Carol D. Leonnig reports, the answer is nothing "New Rules for Judges Are Weaker, Critics Say," news story, Dec. 17].

Between 1992 and 1998, over 230 federal judges--or more than a quarter of the federal judiciary--traveled to resorts at the expense of private interests with a stake in federal litigation.

Under the pretext of "educating" judges about complex legal issues, some of the nation's worst polluters and their allies wined and dined these judges in such places as the Sea Pines Resort in Hilton Head, S.C.; the Omni Tucson National Golf Resort & Spa in Arizona; and the Ritz-Carlton in Naples, Fla. And the public, including the parties opposing these companies in court, didn't know about it.

The Judicial Conference has made it clear that judges are unwilling to police themselves. It is up to Congress to step in and restore some semblance of responsibility and impartiality among our judiciary.

JAMES C. TURNER: Executive Director

SUZANNE M. MISHKIN: Associate Counsel

Traditionally, family or domestic relations courts have awarded custody of children to their mothers and assigned to their fathers the responsibility of supporting them. Now, a growing number of fathers are seeking and being awarded custody. This trend has turned many divorces into long, bitter custody battles.

Divorcing couples have two choices if they don't agree beforehand on custody and support issues. They can negotiate (perhaps through mediation) a decision they and their children can live with, or they can fight it out in court where both spouses hope the judge rules in their favor and that the battle doesn't put them or their children through severe emotional trauma.

If parents cannot reach custody, support and visitation decisions on their own, or if the court doesn't think the parents' decisions are in the "best interest of the child," the court will decide for them. This takes time and money, and in the long run may not be satisfactory to either spouse or children. By comparison, mediation offers many advantages:

1. Studies show that families that mediate their differences have a substantially better after- divorce relationship than families that litigate their differences.
2. Mediators use a variety of negotiating techniques to help spouses reach a mutually agreeable solution to their differences. The final decisions are the spouses', not the mediator's, because both spouses have had a say in how to deal with issues that are important to them.
3. Mediation is far less expensive. Initial consultations may be free and hourly fees range from $50 to $150. By comparison, fees for divorce lawyers can run $100 an hour or more for each spouse. Mediation can occur in one day or take place over several days or weeks. However, typical divorce mediation involves four two-hour sessions, after which the spouses sign a final agreement and it becomes part of the final divorce decree.
4. Mediation is faster. In a traditional court setting, filing motions, pre-trial hearings and postponements can stretch on for months or even years.

If you are interested in mediating a family law dispute, check "Divorce Mediation Services" in the Yellow Pages and shop for a mediator using techniques spelled out in HALT's handout, "Finding a Mediator," located on our Web site.

You can consult a lawyer for legal advice at any time during the process. If you wait until after you've reached an agreement, try to find a lawyer who is open to mediation and recognizes that your agreement reflects a mutual decision. Remember, the lawyer's role is only to give legal advice and assess the legality of the terms in your agreement. At this stage, you don't want to begin a new round of battling because your lawyer thinks you might be able to get more.

If the court has to decide who gets custody, it will ask the parents to testify about their relationship with each child. Courts award custody based on the "best interest of the child." Factors used to determine the best interest of the child include: the child's wishes, the stability of each parent's residence and each parent's education, income, health, religion, child-rearing attitude, and child-care history. Depending on their ages, children may also be asked to testify. In most states, if the child is 12 or older, the judge will try to determine if the child has a preference.

The court has continuing jurisdiction over child custody. This means it not only makes the initial decision but can change that decision later if asked to do so by either parent.

Some couples decide to share custody of their children. Under such "joint custody" plans, each parent assumes custody of the child for a fixed period. For example, one parent might have the child during the summer, the other during the school year. Under other joint custody plans, the parents live in nearby neighborhoods and share time and responsibilities on a weekly basis. The best plans are those that consider the child's interests. Simply agreeing to joint custody is not enough. However, most states grant the courts the right to order joint custody whether or not both parents approve of the arrangement.

When one parent is awarded sole custody in a divorce, the other parent needs to fulfill his or her child support obligation by making payments to the parent that has custody. When parents are awarded joint custody in a divorce, their support obligations are based on how much money each parent earns and the percentage of time the child spends with each parent.

Judges usually use standard payment schedules as guidelines in deciding child support levels. The schedules are designed to show what support payments are appropriate for various income levels. You and your spouse can ask the court clerk if such a schedule is available for your area and use it as a guide to tailor your agreement to fit your circumstances. You can also find child support guidelines online for most states by doing a search on the Internet using Google or another search engine using the phrase "child support guidelines."

These guidelines vary considerably from state to state, so that in similar situations the child support ordered in one state may be very different than that ordered in another state. Child support levels will also vary by judge, since some states allow their judges considerable leeway in setting the payment amount.

Child support should not be conflated with custody and visitation. Every parent has an obligation to support his or her children, regardless of problems with visitation or a bad relationship with their former spouse.

Visitation rights are a privilege granted to the spouse who pays child support. It's an important privilege and parents who cooperate do a great deal to help their children adjust to divorce and grow in normal and healthy ways. If there is extreme tension between the parents so that they cannot decide on a visitation schedule, the court will establish a fixed visitation schedule that caters to the needs of the children and the parents.

Visitation rights are granted almost without exception to the parent who doesn't have custody. This is true even if visitation isn't included in the divorce agreement. When drawing up an agreement, spouses should recognize that visitation cannot be denied on the basis of ill will between spouses, failure to pay child support or alimony, or even inconvenience to the parent who has custody.

HALT's Citizens Legal Manual Do-It-Yourself Law: HALT's Guide to Self-Help Books, Kits, and Software includes a chapter on family law. Refer to this chapter for a review of the best book picks on family law.

Nolo is one of the premiere publishers of legal self-help information. This Berkeley, California self-help publisher has more than 100 titles aimed at specific areas of the law, in addition to comprehensive computer software. Visit their Web site.

The Web site www.divorcesource.com provides extensive information regarding divorce and its process state-by-state. It also provides links to forums and message centers that answer questions about child custody, visitation, child support, and spousal support. Articles, forms, agreements, and an online bookstore are all available.

Association for Conflict Resolution 1015 18th Street, NW, Ste. 1150 Washington, DC 20036. The Association for Conflict Resolution represents and serves an audience that includes more than 6,000 mediators, arbitrators, facilitators, educators, and others involved in the field of conflict resolution and collaborative decision- making.

The Web site www.mediate.com provides information and articles on divorce mediation as well as a convenient mediator locator.