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Decide Not To Pay Your Child Support Because You Think It’s Unfair? This Is What To Expect (And It Isn’t Good News)

Posted by on Oct 6, 2016 in Uncategorized | Comments Off on Decide Not To Pay Your Child Support Because You Think It’s Unfair? This Is What To Expect (And It Isn’t Good News)

Child support payments can be a thorny issue long after a divorce, especially if you feel like your ex is milking the support payments for his or her own benefit or in order to avoid getting a job. Sometimes the demands for increased support seem to be capricious or unnecessary. So what happens, then, if you decide not to pay? Here’s what you should know. If you’re employed, you may be subject to automatic garnishment. In some states, child support orders are automatically sent to employers with instructions to garnish your wages. Your employer has to comply with these instructions in order to avoid fines and contempt of court charges—which means that there is no point trying to negotiate with your employer over the issue. If wage garnishment isn’t possible, other forms of recovery are. If you’re self-employed or some other issue is preventing the automatic withholding of your support, your ex-spouse can turn to the Child Support Enforcement Act of 1984 for help. This act authorizes the district attorney (DA) to get involved with the collection process. In some jurisdictions, the Department of Health and Human Services (DHHS) or the Child Support Enforcement Agency (CSEA) will take charge of the situation. In most cases, the first contact that you will receive from either the DA, DHHS, or CSEA will be a letter requiring you to meet with someone and set up an acceptable payment schedule. If you still refuse to cooperate, there are various ways you can be forced to pay. While most of the initial letters sent out about non-payment of child support warn recipients that they could be subject to jail time if they refuse to cooperate and attend the meeting, the state recognizes that’s counter-productive to the ultimate goal (since you can’t earn the money to pay the support while you’re in jail). Instead, the state will probably fine you for the initial refusal. For example, in Maine, you can be fined $1,000 for failure to attend the meeting with DHHS. You can also be fined $1,000 if you attend the meeting but are uncooperative or lie about your income. In Ohio, you could be fined, sentenced to 30-90 days in jail for contempt of court, or ordered to complete community service in lieu or jail time—unless you’re willing to turn over the support money that you owe. If that doesn’t work, the court may take more serious actions. If you still refuse to pay, the court has a number of things that it can do to either collect the child support owed or make your life as difficult as possible until you agree to pay: The court can go after almost any form of income that you have, except for public assistance like welfare benefits and Supplemental Security Income (SSI). Any money that you have in any financial institutions, including stocks, bonds, IRAs, savings accounts, and retirement funds, can be seized. Your federal tax returns may be seized. If you are due any workers’ compensation benefits, your lump-sum payments could be seized to pay past-due support. Any lottery winnings can be seized to pay the support obligation. You can have a lien placed on your home, and any personal property that the courts in your state don’t exempt can be seized and sold to...

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Knowledge Isn’t Always Power: Avoiding Insider Trading

Posted by on Sep 19, 2016 in Uncategorized | Comments Off on Knowledge Isn’t Always Power: Avoiding Insider Trading

If you work for or have family or friends who work for a company that is publicly traded, you might think that getting information from them about how the company is doing could help you make better investment decisions. However, as simple as that seems, it would in most cases be illegal, considered to be insider trading (so called because you’re trading shares based on insider information that isn’t available to everyone). There is a really fine line between insider trading and luckily-timed guesses, and if you’re tempted to take action, you need to speak with a lawyer first to see if what you’re planning is something you’re allowed to do by law. Unfair Advantage The problem with insider trading is that it puts you and anyone else who has the information at a distinct advantage, allowing you to make more profits than anyone else. Despite it being cool to say everything is rigged now or that the establishment controls the market, the markets and governments of the countries that have them do try to make everything as equitable as possible. SEC Monitoring There are times when share owners may deem it best to sell or buy certain shares, and the practice would not be insider trading, but these circumstances are special. They are also monitored carefully by the Securities and Exchange Commission because the company would have to notify the SEC in writing of its plans. The actions of the shareholders must also be based on information that is available to the public. Family and Friends As tempting as it might be, someone who has knowledge of an upcoming big dip or boost in a company’s share prices can’t share that information even with a spouse. Any blatant trading of information for the purposes of affecting how many shares someone has can be seen as insider trading. Lucky Guesses This doesn’t mean that you can’t discuss your business with anyone. If you get fired, someone in your family finds out and decides on their own to sell stock in the company, and then the company’s stock tanks, that’s not really insider trading because your firing and the other person’s conclusions weren’t used on purpose to make a profit. It was more of a lucky, if shrewd, guess. Self-Trading It’s also possible to do insider trading with yourself. If you know a company is having issues and you decide on your own to buy or sell stock in that company, then in some circumstances, that could be insider trading if you had information that the stock would be affected by whatever was going on. Rather than assuming everything will be OK and then getting into trouble, talk to a lawyer who has dealt with securities fraud and insider trading. You want to be on stable legal ground before you make a move. For more information, contact Carter West Law or a similar...

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Why Hiring A Fertility Lawyer Is Ideal When A Sperm Donor Is Used

Posted by on Aug 29, 2016 in Uncategorized | Comments Off on Why Hiring A Fertility Lawyer Is Ideal When A Sperm Donor Is Used

Are you and your husband considering a sperm donor because he is unable to sire children? Although opting for a sperm donor is a great way for you to get pregnant, it can lead to numerous legal issues if not done the right way. It is wise to hire a fertility lawyer before moving forward with the process, especially if the donor is a friend. Take a look at the information in this article to get a general idea of how a fertility lawyer can assist you and your spouse. 1. Protect the Future Rights of Your Child You must keep in mind that it is possible that your child will find out that he or she was born from a sperm donor. If the donated sperm is coming from a fertility clinic, the name of the donor will likely be withheld. However, a lawyer can draft up an agreement that gives your child rights to know who the donor is if it is desired in the future. For instance, your child might need the information for medical reasons if he or she develops a serious health condition. The agreement can also come in handy if he or she ever becomes depressed due to not knowing his or her biological father. 2. Make Sure the Donor is Unable to Claim Parental Rights If one of your friends will be the sperm donor, it is important to have a parental rights agreement in place. You don’t want to end up having the child and then find out that the donor wants a paternity test and custody rights. A lawyer will draft up an agreement that forbids the donor from fighting for custody of the child. The agreement can also be used for mandating that the donor keeps the entire situation confidential. Basically, the donor will simply donate the sperm and must move on with his life. 3. Determine What Happens with Custody in a Divorce Being that your spouse will not be the biological father of the child, the situation can become complicated if a divorce occurs. It is wise to have a legal document in place that grants both of you custody rights if the marriage doesn’t work out. Allowing your spouse to adopt the child upon birth is an even better idea, as he will automatically have full parental rights. Speak to a fertility lawyer so he or she can make sure all aspects of the situation are handled in a legal manner. Visit websites like for more...

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4 Ways To Prepare For Your Trucking Accident

Posted by on Jul 27, 2016 in Uncategorized | Comments Off on 4 Ways To Prepare For Your Trucking Accident

Being hurt due to a collision can be a scary time of life.  If you’re faced with severe injuries, this can be both frustrating and expensive. However, the key to getting through this challenging time may rest in taking legal action against the other driver. You will need to be as prepared as possible if this is something you want to pursue. Civil litigation will require you to go through the discovery stages to prove your case, and knowing what these four steps are can be extremely helpful to you. Written interrogatories The key for the legal system to learn the details of what occurred with your wreck is by providing the right amount of details. The time to do this is during written interrogatories, and you will be required to answer a series of questions. The deposition One of the most common ways for you to provide the various details of your case is by meeting with your opponent’s attorney. This is referred to as a deposition and could last for a long time. Keep in mind you should never attend this meeting without having your attorney with you, and it’s imperative for you to tell the truth at all times. Request for admissions statements You may be asked to either admit or deny certain statements to assist in getting to the meat of the case. This may help you avoid spending a long time in court and is typically the reason admission statements are served. Knowing what facts should be brought up in court which ones aren’t necessary can shorten the time needed and get the case resolved much more quickly. Request for production documents The best time to work to recover lost money is during the request for production documents. You should be prepared to provide some or all of the information listed below to do so: 1. Medical bills – These should include all of the costs of your full recovery. 2. Vehicle damage – The costs to fix or replace your car. Be sure to include any of the losses you may have had to endure because of the truck accident. It’s your legal right to work towards fully recovering these. Taking the time to work to get the money you lost back because of the collision you were involved in is worthwhile. Be sure to schedule some time with a personal injury attorney to help you do so...

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Avoiding Probate: Using A Revocable Trust For Estate Planning

Posted by on Jul 11, 2016 in Uncategorized | Comments Off on Avoiding Probate: Using A Revocable Trust For Estate Planning

Most people already know that in most cases, wills must be probated. The probate process, ever for small and uncomplicated estates, can last months. This means that the beneficiaries must wait for probate to be completed to take ownership of their bequeathed property. There is a will alternative, however, called a revocable trust (also referred to as living trusts), that can do away with the long wait and provide other valuable benefits for estate planning purposes. Read on to learn more about this method for keeping some of your property out of probate’s territory. Trust Basics Just like a will, the revocable trust is a legal means of disposing of property after you pass away. The trust document specifies that certain property be placed “into” the trust while the trust owner (also the owner of the property) is still living. This gives the trust owner full control of the trust and allows the trust to be modified at any time by removing and adding property and beneficiaries whenever desired. Any property that might be addressed by a will can be put into a trust, including real estate, stock, bonds, art, vehicles, jewelry and more. The trust names a trustee to oversee the trust when the owner dies, much like a will designates an executor. Once the trust owner dies, the trustee will be charges with distributing the assets of the estate named specifically in the trust to the beneficiaries. The Benefits of a Trust Over a Will The remarkable perks of a trust become more apparent upon the trust owner’s death. The property addressed in the trust can be distributed to the beneficiaries immediately, with no need to file with probate court and wait for the probate process to be complete. Additionally, the contents of the trust are entirely private. In contrast, wills, once filed with the court, are public documents and available for viewing by anyone with an interest in doing so. The benefit of privacy when it comes to the distribution of assets shouldn’t be underestimated: 1. The beneficiaries of the trust need never make public their inheritance, which could help them avoid unwanted attention, notoriety and the criminal element. 2. The potential for conflict and discord between the beneficiaries is greatly reduced, since each beneficiary does not necessarily have knowledge of what the other beneficiary is receiving from the trust. Undoubtedly, a revocable trust should play a major role in your estate planning. Contact an estate attorney to learn more about revocable trusts....

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Starting A New Warehouse Job? 4 Workplace Hazards You Should Be Aware Of

Posted by on Jun 23, 2016 in Uncategorized | Comments Off on Starting A New Warehouse Job? 4 Workplace Hazards You Should Be Aware Of

If you’re about to start working in a warehouse, you’re going to want to avoid common workplace accidents. Workplace injuries can leave you unable to work and may leave you with permanent disabilities. Here are four common injuries that you should be aware of. Slip or Trip and Falls Slip or trip and fall accidents can happen anywhere. Whether it’s tripping over a piece of equipment or slipping on a spill that wasn’t cleaned up properly, this type of workplace accident can cause serious injuries. One type of unexpected injury that can result from this type of accident is the reaction injury. Reaction injuries occur when you try to brace yourself against injury and you end up injuring your arm, leg or ankle. To avoid this type of injury, try to watch where you are and be aware of your surroundings at all times. Overexertion If you’re going to be working in a warehouse, you may overexert yourself. Overexertion can cause injuries to your muscles, especially when your job requires you to move your muscles or joints in ways that they’re not used to. Repetitive motions can also lead to overexertion, which can result in workplace injuries. One way to avoid overexertion is to stretch your muscles from time to time while you’re at work. Limbering up during work can help keep your muscles and joints moving properly, which can help reduce injuries. Falling Objects Head injuries caused by falling objects are another common injury encountered in warehouse workplaces. You can avoid this type of injury by wearing the required safety equipment – including your hard hat – at all times. Wearing your hard hat will help protect your head from potential injuries. Workplace Violence No one wants to think about workplace violence. Unfortunately, nearly 2 million American workers are the victim of workplace violence every year. Workplace violence doesn’t have to involve physical injuries. It also includes harassment, intimidation and other threatening behavior that makes you fear for your physical or emotional well-being. If you feel threatened by a co-worker, it’s important that you report the threat to your employer or human resource office. If you’re going to be working in a warehouse, you need to protect yourself from work-related injuries. The information provided here will help you identify, and avoid, some workplace accidents. If you are injured on the job, be sure to report the incident and then speak to a worker’s compensation attorney like one from Salley Law Firm PA as soon as possible....

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Victim Of An Auto Accident? Tips For Receiving The Settlement You Deserve

Posted by on Jun 3, 2016 in Uncategorized | Comments Off on Victim Of An Auto Accident? Tips For Receiving The Settlement You Deserve

When you’re the victim of an auto accident and sustain damages to your car or personal injuries, you can sue the driver that is responsible to recover the costs of those damages. If you are not at fault, then you already have a strong case in your favor, but these tips can help ensure you win your settlement and get the most money possible.  Record Evidence At The Accident Site Part of winning your case is being able to prove everything you are accusing the responsible drive of doing, and you’ll need to record evidence at the accident scene. It’s always a good idea to contact the police to do this, but you should start getting your own photos from the accident site too. Get out your smart phone and take photos of things that could be altered after the accident scene is cleaned up. The includes the placement of the cars after the accident to help prove the force of the impact, and exterior car damage that shows where impact occurred. If fault is not 100% clear, you will need this evidence to prove how the accident happened since it could be your word against theirs. You should also write out the details of what you remember immediately after it happened so that your recollection remains clear and consistent. You can even use the voice memo feature on your phone to simply record your thoughts so that you can recall them later if necessary. Speak To Any Witnesses You should talk to everybody that witnessed the accident and get their contact information, since they may be a key in winning a lawsuit. There may not be enough evidence with the photos alone to prove your story, so you will need witnesses to help explain what they observed in their own words. Get A Police Report Having a police report can really help move your case along. Even if an officer is not able to make it to the scene of the accident, you should head to the local police station and file a report in person.  Get Medically Evaluated A car accident can have several injuries with delayed symptoms, so make sure to get evaluated by a medical professional.  For example, abdominal pain could be a sign of internal bleeding, and numbness could be a sign of whiplash. Documenting these injuries close to the accident can help prove that they were caused by the accident and not an unrelated incident. Now that you’ve done these 4 things, work with a lawyer (click here to read more) to help guide you through the process of getting the settlement you...

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Cyberbullying With Kids: 3 Things You Should Know

Posted by on Apr 29, 2016 in Uncategorized | Comments Off on Cyberbullying With Kids: 3 Things You Should Know

One of the newer ways kids are bullying each other is through electronics and technology. This is referred to as cyberbullying, and it is becoming a huge problem in today’s society. Because this is a newer type of problem, there are very few laws in place that hold bullies accountable for their actions. If you suspect that your child might be being cyberbullied, here are several things you should know. What exactly is cyberbullying? Cyberbullying is any type of bullying that occurs through electronics, such as phones, computers, and tablets. It may involve direct communication from a bully to a victim or public communication. For example, a person may bully another through texts, private messages, or emails, and these are all considered forms of direct bullying. Public bullying can involve posting messages that anyone can see, and this could be through social media sites or chat rooms. In any case, cyberbullying is hurtful and can have devastating effects on the victim. What challenges are involved with cyberbullying? When a person is bullied at school or on the bus, it is easy to know who the bully is; however, this is not the case with cyberbullying. One of the biggest challenges with cyberbullying is finding out who the bully actually is. With the ability to set up fake accounts and log in from almost any device, bullies are capable of hiding their identities relatively easily. If you cannot find out who the bully is, it can be hard to put a stop to it. The other key challenge is that cyberbullying opens up the opportunity for a person to bully someone else 24 hours a day. This means that your child may not be safe from bullying no matter where he or she is or what time of day it is. What can you do about it? If your child admits that he or she is being cyberbullied, you may want to take immediate action to make this stop. Kids who are bullied tend to perform worse in school and have higher risks of turning to drugs or alcohol. You might be able to put a stop to this by talking to your child’s school or the parents of the bully. If this does not help, you could talk to a family lawyer. While there are few laws on cyberbullying, many states are beginning to develop new laws relating to this subject. In fact, there are 14 states that currently view cyberbullying as a criminal offense. To protect your child, you should seek legal help if this issue seems to be bothering your child in any way. To learn more, contact a family lawyer in your area...

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Get It Back:What To Know About Social Security Back Pay

Posted by on Apr 29, 2016 in Uncategorized | Comments Off on Get It Back:What To Know About Social Security Back Pay

Your Social Security benefits accumulate throughout your lifetime; a certain dollar amount out of every dollar you earn is set aside for you to use if you can no longer work at your job due to a medical condition. While this money is actually yours, the Social Security Administration (SSA) requires that your illness meet certain rules in order to be paid those benefits. The timing of events that determine when you can begin receiving benefits is a little complicated, so read on for a better understanding of what goes into determining back pay. Your Application Date You should not delay in filing your Social Security application for benefits. The application and approval process moves at a slow pace, and the sooner you apply, the sooner you’ll get benefits. A key factor in your application is the Alleged Onset Date (AOD). This is the day that you say that you became disabled. AOD and Back Pay If you have worked enough and put enough money into the Social Security system and you are deemed to be medically qualified, you will be approved for benefits. Since the process is so lengthy, you may be entitled to back pay, which is a lump sum payment of benefits that you would have been entitled to if your payments had began at the time of your AOD. There is also a 5 month waiting period, explained below. AOD and EOD If the SSA approves your claim, you will be provided with the date that they have decided your disability began, the Established Onset Date (EOD). The SSA may not agree with the date you said you became disabled. They will use your medical and employment records to investigate the validity of this date. The importance of your AOD and your EOD being the same could be the difference in hundreds or even thousands of dollars of back pay, so this is a vital determination. You may appeal this decision, but proceed cautiously and speak with your Social Security attorney before making this decision since appealing could impact your claim dramatically. Calculating Back Pay and the Five Month Waiting Period Your back pay is calculated by counting the months from your EOD to the month of your approval, when you began receiving regular monthly payments. You must then subtract 5 months for the mandatory waiting period. For example, if your EOD was June of 2014 and you were approved in January of 2016 your back pay would begin to be counted on November of 2014. You would be entitled to a total of 14 months of back pay. For more information, contact Timothy  W Hudson Attorney or a similar legal...

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Reasons An Unhappy Marriage Is Worse For A Child Than A Divorce

Posted by on Apr 8, 2016 in Uncategorized | Comments Off on Reasons An Unhappy Marriage Is Worse For A Child Than A Divorce

Did you know there are 1.5 million children in the United States with parents who get a divorce every year? One of the biggest concerns for two individuals in an unhappy marriage is the welfare of their children. Unfortunately, this drives some parents to stay in their unhappy marriage to protect their children. What parents in this situation need to realize is a good divorce is better for children than a bad marriage for a lot of different reasons. You May Find a New Drive After The Divorce While this isn’t the case with everyone, some divorced parents develop a whole new mojo and drive to get things done. Staying in an unhappy marriage can cause a person to slip into depression. Depression can make an individual lose the desire to do or strive for certain things. The release and relief of ending the unhappy marriage could be just what the parent needs to start living his or her life and accomplishing goals again. You Are Teaching Your Children How Important Personal Happiness Is Naturally, the most important thing to you is your children. In fact, putting your children before yourself is what many consider being a gold standard in the world of parenting. This, however, does not mean you should sacrifice your own happiness 100 percent of the time. Teaching your child how important it is to end a relationship you are not happy in will send a powerful message your child can carry with him or her for the rest of his or her life. After all, the last thing you want is for your child to remain in a relationship he or she is unhappy or unsafe in at any point in time during his or her life. You Create a Calmer Household An excessive amount of fighting and arguing is not healthy for a child. The last thing a growing child needs is to be surrounded by a negative environment. If you are unhappy in your marriage, you are only going to be able to pretend to be happy for so long. Furthermore, settling for a marriage you are unhappy in sends all the wrong messages to your child. In addition to teaching your child that staying in a relationship, he or she is unhappy in is alright, you are also teaching your child that it is alright to pretend to be happy. In reality, you should want for your child to be happy instead of pretending. For more information about divorce, consider websites...

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