Legal update: using the Non-support Punishment Act
Effective October 1, 1999, the State of Illinois passed legislation making failure to pay child support a felony. Under 750 ILCS 16/1-16/70, a person can be charged under the criminal statutes for not paying their child support when the person is in arrears over $20,000, or has failed to voluntarily pay support for one year. The new law states:
"750 ILCS 16/15
(a) A person commits the offense of failure to support when he or she:
(4) willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year, or is in arrears in an amount greater than $20,000 and the person has the ability to provide the support."
I interviewed Assistant State's Attorney Dermon Jackson to discuss how the State proceeds with felony prosecutions under the new Act. Asst. Jackson provided a press release describing the successful prosecution of Robert E. Oravec, the first person in Cook County to be prosecuted under the new law. Oravec was alleged to have owed more than $46,000 for the support of his two teenage children. On April 27, 2000, a grand jury indicted Oravec on two felony counts of failure to support, a Class 4 felony. According to the news release, Oravec rented a home in Kildeer, Illinois for $1,700 a month and owned two cars, a Mercedes and a Jaguar. In addition to the monthly rental, Oravec paid a $1,700 rental deposit along with an additional deposit of $1,700 for two large dogs.
I questioned Asst. Jackson about why Cook County chose to prosecute Oravec, particularly in light of the many other parents who have failed to pay that have yet to be prosecuted. "One reason was Oravec's ability to pay and his refusal to do so," said Jackson. "Oravec earned more than $100,000 a year and even though he was ordered to pay, he would not."
Asst. Jackson stated that the State's Attorney's Office is more interested in getting support for the minor children than prosecuting the parent under the new felony law. "The felony prosecution is not a substitute for the civil process, " Jackson said. Only after all civil remedies are exhausted will the State intervene to prosecute a non-paying parent. Prosecuting a person and leaving the parent with a felony record can do more harm than good. A person with a felony record has a harder time securing employment, and no employment means no money to pay support. But in Orvace's case, all the civil remedies had been exhausted, leaving the State no choice but to prosecute under the new law.
This logic kept the State from prosecuting a similar case that I handled. In December 1999, I accepted a pro bono case for a client "Peg," who had been married to a doctor, "Joe." Joe refused to pay support for years.
I have worked closely with the State, in hopes that it would prosecute Joe under the new felony law. Although Joe's last tax return revealed that he made $100,000, he owes $65,000 in child support. No civil remedy has succeeded in making him pay. Because Joe is a doctor and, criminal prosecution could result in the loss of his medical license and leave him with no ability to pay. This would not be in the child's best interest.
It was hard to know which avenue to pursue. We could decide to quit fighting on the civil end and ask the State to prosecute. If he pled or was found guilty, Joe would lose his medical license, and although we would feel vindicated, we would not be any wealthier for our efforts. After several consultations with my client, we decided to forcefully pursue the State in the hopes it would prosecute Joe under the new law. The final outcome of the case proved that the new Non-support Act is a valuable tool in dealing with those parents not paying support. Faced with the prospect of a felony conviction, Joe finally decided to begin payments. Happily, my client is now receiving support. She uses the money to fund her son's college expenses.
Projects supporting women: sign up to help women with breast cancer!
By Cindy Bordelon
Often the difference between life and death for breast cancer patients depends upon the types of treatment and services covered by their health insurance companies. With some of the most innovative treatments being routinely labeled as "experimental" by many insurance companies, a need for legal representation arises in cases where women have exhausted all of their options.
Women with breast cancer are sometimes unaware of their legal options to appeal decisions made by their insurance carriers. Also, many women without resources rarely challenge or appeal the decisions of health insurance carriers that deny coverage. Unfortunately, for those who are aware of their legal options, there are few pro bono attorneys and legal referral associations willing or capable of representing women who have been denied health insurance coverage.
Through its Breast Cancer Legal Advocacy Initiative, the ABA Commission on Women in the Profession and its Pro Bono Network works to educate attorneys on some of the legal issues facing women with breast cancer and help increase access to pro bono legal services for women in need. If you are interested in receiving this training, provided by the ABA Commission on Women in the Profession, please contact Pat Krambuhl at the ABA at 312/988-5692.
Women Everywhere: Partners in Service project May 17, 2002
By Kim Anderson
Plant flowers, paint a fence, or show women how to navigate the court system to obtain an order of protection. These activities represent a few of the many opportunities that volunteers for the Women Everywhere project can take advantage of. Volunteers for the Women Everywhere project can take advantage of the many opportunities these activities represent.
On May 17, 2002, women all over the Chicago-land area will be turning in their briefcases and volunteering at local shelters and agencies which provide services to women. Some 400 women and men volunteered last year to help various agencies such as Sarah's Inn, A Sporting Chance Foundation, Apna Ghar, and Deborah's Place, to name a few. Women Everywhere volunteers worked for nearly twenty different agencies.
Women Everywhere: The Partners in Service Project was initiated by women attorneys to demonstrate the positive impact women have on society. Last year, attorneys conducted mock trials for teenagers with various judges in domestic, juvenile and adoption court thus allowing one on one mentoring in their courtrooms. Other attorneys wanted more physical activities, and helped agencies plant gardens, paint classrooms, or organize supplies.
A twofold reward resulted. Local agencies received the aid of much needed supplies and labor, and the women attorneys received a benefit as well. Women volunteering saw first hand the impact they made, and demonstrated to the public a different side of being an attorney. This project revealed attorneys as a kinder and more compassionate group. Instead of working with attorneys only when individuals are in trouble, this project allowed the public to see us in our everyday roles doing everyday things. In my opinion, this is the greatest achievement of the project.
We, as a group of attorneys, are often seen negatively. The Women Everywhere Project allows men and women alike to join forces and show the community a different side of our profession. Make a difference today by signing up for this great event. Your firm can join as a group and make a day or afternoon of it, or you can come alone and meet new attorneys. Save the date on your calendar, May 17, 2002. Sign up by faxing the form below to Ilene Bloom, at Winston & Strawn, at 312/558-5700. You can read more about the project at our Web site, www.women-everywhere.org.
%20Initial.GIF)