Monday, 25 November 2013
DIVORCE - CONTESTED OR UNCONTESTED
Most often a divorce is contested when the man and women cannot find a common consensus. Most of the disagreements concern the Children, Visitation and how to divide the assets of the marriage along with Child Support, Alimony, How to deal with Family Debts, and who will pay for the Education of the Children and Possible College expenses, Insurance and Tax Problems After a divorce case is filed, you are given a number and depending on how many people filed before you, will determine how long it will take to come to trial. Generally unless you know someone the cases are determined in the order of your number. When your number comes up you are called, either by phone or mail. Depending on where you live it can be on the spot. Divorces are all Contested until both parties can come to an agreement and the attorneys can come to a consensus on all relevant issues. Then they can address the Court that it is no longer a Contested Divorce but now an Uncontested Divorce. When this happens there will be a hearing that will consider both parties that sometimes requires proof of claims made by either party. If the laws of the court and the state are considered and are acceptable, the court will approve the settlement and enter a divorce Judgment on that the same day or in the near future.
About the author:
Mike is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website http://f401ek-f14-il2dbnfwlrz45qc.hop.clickbank.net/
Divorce and Hidden Assets
Not surprisingly, assets are often hidden in a divorce situation. Why - well simply greed, or the feelings of betrayal or anger at the need to divide assets in the divorce, or the fear of not having enough after the divorce all motivate the behavior of hiding assets.
In divorce, the parties assets are divided. Under the divorce laws of some states they are divided equally and under the divorce laws of other states, they are divided "equitably" or fairly. Equitably often means equally to overworked divorce judges.
There is no way to know in advance if your spouse has or will hide assets in a divorce. You know your spouse better than your divorce attorney will and you will need to alert your attorney to the possibility of your psouse hiding assets. Before you get to that point, however, there are some easy steps to take to prevent your spouse from being able to hide assets. Those steps include finding out everything you can about your assets before divorce.
Before you alert your spouse that you are considering divorce, you need to complile and/or stockpile documentation about all of your assets. If you do not have knowledge of your marital assets, it is time to find out what is there. If bank and other statements come to the house, open them and write down account numbers and balances.
If you have access to the cancelled checks, copy those as well. It is not unusual for a spouse who is planning a divorce to transfer money to friends or relatives with the plan being that they will give that money back after a divorce is finalized. So, you should review those records and carefully scrutinize all large or suspicious transfers that take place in the two or three years prior to or just after the filing of a divorce action.
Make sure that you know where the copies of your income tax statements are. If your spouse has a business, make sure you have a copy of several years of tax returns for that business. All of these documents can be copied and hidden safely somewhere outsided of the house in the event that you need them. Taking these simple pre-emptive steps can mean the difference in obtaining a fair settlement in divorce. It will also be incredibly helpful to your divorce attorney to have this information in advance.
If banking and other statements and financial records are not kept at or mailed to your house, you will need to obtain those records in other ways. You can contact the IRS to obtain copies of any tax returns that you signed. Request copies of those returns and have them mailed to a different address - either a friend or relative or your divorce atttorney. If there are returns that you have not signed, such as business tax records, you will not be able to obtain copies of those returns from the IRS. If you have access to your spouse's place of business, you may be able to find those tax returns there. If you are worried about your spouse hiding assets in a divorce, you really do need to find those returns and make copies of them - for as many years as possible.
If you have valuables, antiques, jewelry, art or other collectibles in your home, catalog all of them and if you have appraisals, make copies. It is not unusual for those items to disappear or even to be pawned by a spouse in need of more funds.
If you suspect that your spouse has engaged in some divorce planning and is hiding assets, let your divorce attorney know. Ask your divorce attorney to subpoena records from any other idividual or entity who could be involved in assisting your spouse in hiding those assets. If need be, your attorney can use the services of an investigator to help to obtain financial records that have been withheld.
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Divorce and Health Insurance Benefits
Divorce causes major issues with health insurance benefits. Many families have employer provided and/or paid for health insurance benefits that cover the entire family. It is not uncommon to see situations where the other spouse is a stay at home parent, with absolutely no access to health insurance benefits, or employed at a job with either no health insurance benefits available or those benefits available at a substantial cost. After a divorce, the spouse with the family health insurance coverage can no longer cover the other parent. They are no longer "family" members who can take advantage of one health insurance policy. How to then ensure that everyone stays insured does become an issue for negotiation and/or divorce litigation.
If both parties do not have health insurance benefits available and if the cost of obtaining those health insurance benefits for the other party after a divorce become prohibitive, there is one way to continue benefits without additional cost. That way is to enter into a separation agreement, but delay the divorce. That way, the parties actually do remain married and they can stay on the same health insurance plan even thought they are separed. The parties can consent to waiting for one, two or more years before either one files for a divorce. While the parties will remain married, their property, custody, and support issues will be addressed in their separation agreement. Under some circumstances, this is an optimal resolution. For example, what if both parties want one spouse to remain at home for several more years with young children, but they do still want to separate and divorce? This option works for them. They can separate, agree upon getting a divorce and all of the terms that they have to agree upon, but delay the final divorce so that they can keep cost effective health insurance benefits in place.
The above example can provide some difficulties that must be discusse in detail with your divorce attorney. For example, if you separate but do not divorce, your federal tax filing status may be affected. Also, in some states, it is not as easy as in other states to enforce a separation agreement. Or, in yet other states, it is possible for one spouse to take the advantages provided by the agreement for a year or two and then go to court and seek entirley different forms of financial relief in a divorce action. Only a divorce attorney licensed to practice in your state can advise you on these issues.
Another option for couples divorce is COBRA coverage. COBRA is a federal law which mandates that a person covered under a health insurance policy be given the right to continue that coverage, at their own cost, for a set time period if certain requirements exist. For example, if you obtain a divorce and your spouse had family health insurance coverage through his employer, the employer would have to provide COBRA coverage for you after the divorce. That COBRA coverage would require that you have the same health insurance policy, although your coverage would now be individual and not family. You would have to pay the employer's cost for that individual policy.
It is not uncommon for a stay at home spouse or a spouse who has less income or employment options to obtain COBRA coverage and to negotiate that their spouse pay for that coverage for a specified time period after the divorce. In doing so, this gives the spouse who did not have coverage available some time to either obtain employment with coverage or become financially settled and able to afford their own coverage.
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Divorce and Alimony Formula
In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formulas in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimony will be paid in your case.
What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.
In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.
Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.
A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divorce or who does not have any separate property.
The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.
One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.
One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.
It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They cannot simply set up an alimony formula that would work for all parties.
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DISOBEYING COURT ORDERS
ometimes people do stupid things, but someone who disobeys a court order is one of the craziest things one can do. In Divorce Court and family custody matters sometimes lawyers try to convince the judge that because of all the pressure of a divorce his client has acted in an unrational way, unfortunately judges rarely fell compassion when their orders are disregarded. Divorce attorneys and their clients often use the same tall tales to ignoring court orders. One excuse is the other party also did it or the court's order was based on inaccurate information. These excuses rarely work. One of the most common excuses is He or she started it! It works as well as any silly nonsense does, it does not work at all. To say someone else is disobeying the law does not help you in your excuse for disobeying the court. We are all responsible for our own actions. If you state the court order was wrong or unfair because of some mistake or a lie, is also worthless. If the court made a mistake there are avenues to address it, and the court can be asked to reconsider it. Only a court has the ability to change the court order. Until the court changes the order you are bound by the current order and it will be strictly observed. If the court order is violated as bad as things seemed to be will only get worse. A man was back in court because his wife said he had not paid is child support that he was ordered to pay. His attorney as well as himself stated he had not paid the child support because his ex wife had lied about her expenses and he felt he had a right to hold back payments because she had lied. He had not asked the court to review the case but made his own decision not based on the law but his anger that was unsupported by the court. By the time he came before the judge he was deeply in debt with back support. As it turned out the man was wrong about the expenses but even if he was right he was wrong, and as a result he violated the court order and caused more hardship for himself. He was forced to pay back support plus interest and to make things worse he had to pay his entire wife’s legal expenses, which included airfare to come to court and an extra 3,000. There are only two excuses for not obeying a court order: Either the party didn't know about it or it was not possible to obey. Not inconvenient, impossible, or difficult! If you have any other reasons for disobeying the court, it will be a costly unpleasant mistake.
About the author:
mike is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website http://f401ek-f14-il2dbnfwlrz45qc.hop.clickbank.net/
Monday, 11 November 2013
Deeds Variation - The 2 Year Rule
Deeds of Variation - The 2 Year Rule
Introduction
I recently received a query from a practicing solicitor asking for advice on using Deeds of Variation. The solicitor in question was acting on behalf of clients who wished to alter the terms of their father's Will to afford a fairer disposition of the assets amongst family members. Ordinarily this would one of the situations where a Deed of Variation could be employed. However, the testator's death was 6 years ago.
The query was despite the lapse in time, could a Deed of Variation still be used without asking for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?
The Purpose of the 2 Year Rule
To recap from my previous article, in order to be valid a Deed of Variation must comply with 3 conditions;
Must be made in writing.
All persons who were original beneficiaries in the Will and any persons who benefit from the proposed variations in the Deed must sign the Deed.
It cannot be given for money or money's worth.
It must be made within 2 years of the death of the decedent.
One of the most crucial uses for a Deed of Variation is to affect the tax liability on an estate. Therefore, for a Deed to be valid it must be made within 2 years of the death of the testator in order to be applied retrospectively for Capital Gains Tax and Inheritance Tax. If a Deed of Variation fails to comply with this - or any of the other conditions - it ceases to have retrospective affect for tax purposes, and amounts to nothing more than a transfer of value - namely, a gift.
Having liased with the Inland Revenue on this subject, it is clear that Deeds of Variation are only to be used within the 2 year period as, to quote an Inland Revenue adviser "there would be no point in using such instruments after that time as it would afford no tax saving benefit".
Changing the Will after the 2 Year Period
So, what do you do if you wanted to change the terms of a Will after the 2 year period? As stated above, where a Deed of Variation does not comply with the 2 year rule, any dispositions which the beneficiaries seek to make via the Deed amount to nothing more that simple transfers of value, gifts. Thus, the approach to adopt would be to make Potentially Exempt Transfers of the assets which the beneficiaries seek to redistribute.
This is as simple as handing over the gift, or saying 'I give up my interest and gift it to you'. It is always advisable however, particularly where substantial interests in property are involved, to write a memorandum of the potentially exempt transfer. Such a memorandum should include the name of the person giving the gift, to whom the gift is given and the date.
"Contested" And "Uncontested Divorce"
A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc
When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Divorce cases are generally called for trial in the order in which they were filed.
A divorce case remains a "Contested Divorce" until each and every item is resolved. If, however, at any time during that period of the divorce case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an "Uncontested Divorce" (no fault divorce) matter. When this occurs, the court will accommodate the parties to the marriage and provide an expedited Hearing in which it will hear proof regarding the grounds of the divorce and the settlement of the divorce. If the standards of the court and the law are met, the court will approve the settlement and enter a divorce Judgment on that day or shortly thereafter.
Remember that, it is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.
Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill legal forms for divorce by divorce online legal services.
Note that Legalhelper.net (http://www.legalhelper.net/divorce.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).
About the author:
Mike Marston is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship.
Colorado Divorce Planning
could prove to be a complicated undertaking. You might be stunned if your partner tells you that he or she will be pursuing a divorce. What is more, you might come home someday to an empty home and a message, with your partner and kids gone. If that happens, you might be incapable of doing any Colorado divorce and separation planning yourself. Of course, your partner could have schemed excellently and you could see that belongings have been converted and secreted or expended over a period of time, or that a move was conscientiously orchestrated using the help of counsel with the purpose to bootstrap a custody issue. Though that kind of orchestrated underhanded preparation rarely takes place, it does take place and should be a warning to any individual who is weighing a Colorado divorce: preparation and strategies are critical and ought to be considered by everybody.
To make sure that you are doing the best Colorado divorce and separation preparation and employing the right legal tactics, you may need the assistance of a lawyer. An experienced Colorado family lawyer has gone through it all. He or she has handled enough cases to understand what strategies might be practiced by the adversary, what strategies are effective, and which strategies would work for your family situation. Using tactics and planning does not dictate that you are setting up divorce litigation. It signals that you are aware of the facts necessary to proceed with your suit, your goals and that you have carefully strategized how to get where you want to go. A practiced settlement dialogue will not take place without a lot of thought and preparation. Some clients fail to see the genuine value obtained from their lawyer. Actually, many clients will claim that they did the necessary work in obtain information or in getting information to their lawyer, only to be confronted with a large invoice, and they want to know why. The "why" is because of the Colorado lawyer's level of experience and number of years practicing and the lawyer's ability to work out your tactics to get the result that you desire.
The tactics and planning that you should undertake before starting a Colorado divorce do make a difference to the end result of your case. There are some things that everybody will have to undertake, like obtaining your various economic documents. Many planning and strategy issues are very specific to your own case, such as, the history of your married life and your situation at the time. Whatever your personal circumstances, your preparation must be undertaken after thorough consideration of all your facts and a thorough conversation about your goals with your lawyer.
Various individuals facing the same circumstances could use different Colorado divorce plans simply because they are focused on different results. If obtaining a negotiated settlement and not going to Court are what you want, your lawyer could have to engage in different maneuvers than if you want the end result to be determined by the court. If your lawyer has obtained all of your facts and is familiar with the results your require, they will be able to prepare a tactical outline that should meet your goals.
Since divorce or separation is frequently a battle over money, getting all of the relevant information about your family finances will be a very important task. You must have copies of three or four years income tax returns, your w-2 and your spouse's w-2 from each employer for each of those years. If you do not know where to locate those documents, you can get duplicates from the IRS. If you are obtaining these records secretly and do not want your partner to find out that you are engaging in divorce or separation planning, ask that your tax returns be mailed to your business office address, a friend, or to your lawyer.
A chronicle of your years together while married is very important to other matters that your Colorado divorce or separation lawyer might need to take care of for you. Many lawyers request that you supply some sort of outline to assist them in taking care of your case. If your lawyer does not require one, you should prepare one anyway. The effort that you put into that outline may help your lawyer on matter like fault, custody of the children, and support, and it may save your lawyer preparation time for your lawsuit and thus, reduce your legal fees.
The more effort you put into obtaining, and preparing important facts and documents for your Colorado divorce or separation lawyer, the less effort you will expend in your lawyer's office reviewing those issues. Perhaps your attorney will spend less time on fact finding and more of your funds will then be spent on planning and preparation.
About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit
Choosing an Oregon Divorce Attorney
can be an important decision making process. The professional who you hire shall be in charge of obtaining or maintaining your legal interests in your youngsters, your material possession, and your salary. In fact, retaining an Oregon divorce attorney can also be a remarkably challenging undertaking. Do it properly and you can breath easy. Do it wrong and you may spend months or years recovering losses that could have been prevented.
There are some effective tactics that you may want to think about at the time that you look for an Oregon divorce attorney. When you begin this process, you had better consider the sort of case that you will be pursuing. Will you be mediating your divorce suit? Will you be negotiating? Or, could your lawsuit be the kind of lawsuits that lands in family or divorce court and turns into a knock down, drag out litigation?
You need to locate an Oregon divorce attorney who limits his/her practice to these types of matters and you need to retain the type of Oregon divorce attorney who is best suited to the sort of case that you are involved with. If you wish to pursue knock-down-and-drag-out litigation, you should not retain a mediation attorney to enforce your rights. On the other hand, if you are undergoing a mediation process, it would be unfortunate if you hired an Oregon divorce attorney who will attempt to create problems and persuade you to start litigation.
Therefore, step one in the process of hiring an Oregon divorce attorney is to ascertain the type of case that you have. After you finish that, find other people who have gone through what you are going through. Since the rate at which we divorce in the U.S.A. is around one-half , chances are you know several other people who have undergone a divorce suit. Ask them about their case, how they employed an Oregon divorce attorney, and how their attorney worked out for them.
After you have received feedback on a couple Oregon divorce attorneys that you found from checking with others, go on the internet and start exploring those attorneys and any others that you find on the net. If an Oregon divorce attorney has an internet site, you can review it and also look to determine if they have composed any articles on divorce law. You can likewise check and determine if they have advertised their website on the net on the issue of divorce law. You can get quite a bit of important information regarding any particular attorney, their cases and the way they treat their clients by reviewing their internet site.
Subsequent to your analyzing the Oregon divorce attorney websites, compile a listings of at the least a half of dozen Oregon divorce attorneys who you suppose you could be comfortable meeting with. Telephone each of the divorce attorneys and schedule an initial meeting. A number of those attorneys bill a fee for for an initial meeting; the more experience the attorney has, the more likely that you may be billed for time with that attorney.
When you attend an initial interview/evaluation with an Oregon divorce attorney, be organized. Spend the time to write a history of your married life and the issues confronting you right now. If you or your spouse has filed any papers in court, be sure to take them with you. Take one to three years tax returns or a current financial statement so that the attorney can go over some of your financial accounting before being questioned concerning "solutions".
Be sure you ask each Oregon divorce attorney questions regarding how that person's law office manages your phone calls, electronic mail or other inquiries. If you will be going through a divorce attorney who has no other attorney in their law office, be ready for a wait when you command an answer. That professional may have other clients who have demands every bit as critical as yours, and the attorney can respond to only one client at a time.
Notwithstanding that issue, there may be an Oregon divorce attorney who you feel is appropriate to handle your issues who is also a solo practitioner. That is a trade off that you may need to relax with.
Once you have finished each consultation and examined the answers to all of your questions, identify which Oregon divorce attorney you are most comfortable with and which you think will work for you to get the sort of resolution that you require.
Child Support Enforcement and Federal Criminal Law
Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing.
Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.
Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver's or professional license, and more.
In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.
Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.
The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.
A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.
The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.
The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.
If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.
Saturday, 9 November 2013
Child Custody Evaluation
A can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you'll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.
In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.
The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child's wishes are considered if the child has attained a certain age. InIllinois, the child's wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid's desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child's wishes in the child custody evaluation are more focused on the well being an safety of the child.
A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child's needs, include the ability to provide an appropriate home, school support, and so forth.
A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.
If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.
Friday, 8 November 2013
Child Custody Agreement and Taxes
A child custody agreement can have serious implications on your tax filing and your taxes overall. This issue should be addressed with your attorney or with your accountant while you are going through the process of negotiating or litigating child custody or a divorce agreement. Waiting until after you have finalized a child custody agreement to investigate the tax impact is not adviseable.
State law on child custody does not dictate who gets the tax deductions. If your child custody agreement is entirely silent on this issue, the parent with primary residential or sole custody will have all of the tax benefits available through the children. That party will be able to claim the children as deductions, and so forth. This can be a significant issue. There are parents who simply assume that if they are paying thousands of dollars per year in support, they will be able to take the children as deductions. Not so. This is incredibly important when you consider that all child support payments are not tax deductible to the payor and they are not taxable to the recipient parent.
Thus, when negotiating your child cusody agreement, you must address the issue of how custody will be structured and who will recieve the tax benefits. This negotiation should be a part of an overall financial scheme that encompasses a consideration of all issues, including child custody, child support, property, alimony, and tax impact.
The ability to claim head of household instead of married filing separate or even filing single can be incredibly important to your overall tax scheme. You can claim head of household if you have your children for more than 50% of the time. Thus, a head of household tax filing should be a part of the overall negiating outline in a divorce or separation situation. A child custody agreement that is silent on this issue is really not a well negotiated or written agreement.
Your child custody agreement can address this issue in a number of ways. If your child custody agreement provides for joint shared custody, it must state who has the children for 50% of the time. If you have two children, you can divide that up so that each parent has the possibility of fiing for head of household. If you simply have joint custody and one parent has residential custody, you can still provide a head of household deduction to the other parent by wording the agreement in a way that allows for that filing.
There are other tax benefits available to parents that have to be considered when negotiating a child custody agreement. Many or most of those tax benefits are variable depending upon your income level ad whether or not you can claim the child or children as deductions. If you are really thinking through your child custody agreement, you will negotiate all of these benefits. The objective should be to maximize all available benefits for both parties, thereby providing an overall highly advantageous tax impact for your child custody agreement.
Are There Really Free Public Records?
Free public records is a phrase that is searched quite often. In fact, it is the whole reason we created are writing this article. It is amazing how many people conduct an Internet search on free public records every day. We have found that info seekers interested in a free public records have all sort of reasons whether they are seeking divorce records, birth certificates or marriage information. It seems that people are always in need of finding records kept in government files or other public data facilities. So this is our attempt to clarify just what free public records is all about. We hope to provide the insight and recommendations you've been trying to find.
The truth is, there is lots of free information at public records sites. However, finding it can be a big challenge. Site like Detective Choice have spent hundreds of man-hours assembling this information so that you can quickly and easily locate what you need. Because you found this article, and have read this far, we must assume you need some help finding what you are looking for and most likely your need is urgent. That's the idea behind their site and similar services such as USA Vital and US Search. They are in the business to help you get what you need - fast.
Developing and maintaining the kind of information to help you find someone or something is time consuming and expensive. That's why organizations like theirs must charge a fee. If you value your time at all, we feel their services are well worth it. If your public records search is not timely or is just to avoid using the phone book, we recommend you try your local state or county websites. But if your search is urgent and challenging, take a few minutes to explore the sites mentioned above. Each public records resource we've sited comes highly recommended and provides information on other research resources.
Websites that attempt to convince you that they have a totally free public records service are not being totally honest. We spend hours upon hours of time scanning online websites to locate quality Internet services, free public records sites, and other types of research products. If we find them, including an honest to goodness free public records site, we'll be sure to post it on our review site.
AN OVERVIEW OF BENEFITS
SOCIAL SECURITY BENEFITS FOR FAMILY MEMBERS
Families of Social Security members are also covered by Social Security Benefits. When members retires or became disabled their members also received their share of Social Security Benefits.
For spouse if he or she reaches the age of 62 or older receives a monthly benefit. Also for spouse who takes care of the member’s child under the age of 16 or takes care of a child who receives social security benefits entitles the spouse to receive social security benefits. Unmarried children under age 18 or under age 19 who is either a full-time student in elementary or secondary school may also be given social security benefits. And also a child of age 18 or older who is severely disabled is entitled to receive social security benefits.
Each of the family members may be able to receive up to 50% of the retirement or disability benefit however social security benefits are only limited up to 150% to 180% depending on the circumstances faced by the family. The benefit given to the social security member is not all affected or reduced by the amount of benefits given to his or her family. And even the benefits given to the ex-spouse with whom the social security member has been married for at least 10 years would have no effect or whatsoever on the benefit given to the member and to his or her other family.
SOCIAL SECURITY SURVIVORS BENEFITS
In the Social Security Survivors’ Benefits, this is where accumulated credits are applied. For members who have accrued enough credits during their working years his or her family members are eligible for Social Security Survivors’ Benefits.
The eligible family members include widows and widowers ages 62 and older, disabled widows or widowers ages 50 and up, widows and widowers caring for a child under 16 years of age and who is receiving Social Security Benefits, unmarried children under the age of 18 or under age 19 either a full time elementary student or secondary school, or age 18 or older but is severely disabled and lastly parents who are dependent entirely or not upon the social security member will also receive social security benefits.
In addition, the Social Security also provides survivor benefits for divorced widows and widowers after the death of their ex-spouse who is a social security member. The benefit given to them will be based upon the Social Security account of the deceased member.
Saturday, 2 November 2013
"America’s Voiceless” The Children of Divorce
When people start a new relationship, it is as though Cinderella and her Prince stepped out of that childhood story. A more realistic way to look at it is to think of it as two people who are running for office, campaigning to be in the other person’s life. Forget that it is not who they will be later in life. We are too busy getting the other person to “choose us” so we can live happily ever after. There is, bad habits early on in the relationship we never see. For instance, leaving dirty clothes scattered, drinking directly out of the juice carton, putting a dirty knife back in the drawer and watching from around the corner as they lick it clean, washing is too much effort. Both sides hide their bad habits when they begin dating, because they are too busy running for the highest office in the country, ultimately the office of marriage and parenthood.
This fantasy life fades as people grow together in a relationship. Unfortunately, about sixty percent grow apart during the marriage.
When the marriage ends it is like a house set on fire. All desired hopes, dreams and commitment cherished by both sides, up in smoke. But, we forget that the child of this relationship has yet to lay the foundation of their lives.
Divorce on any level, is devastating. For children, their warm, safe world is suddenly shattered like a broken toy, in many pieces. When parents begin to divorce, do they really stop and think about the children? All too often, the children fall under the invisible heading of “power base” or worse yet, “negotiable”.
A child’s life during a divorce is like a roller coaster, going up minute and down the next. Parents are keeping score of their child’s affection as though they were at a sporting event. Both parents fear losing ground as though their competition, the other parent, chips away at there own individual “power base”. This is an automatic reaction during a divorce. If only parents would stop for a moment and realize, that children have unconditional love for each of them.
Children were not beamed down from space to earth. They were conceived and brought into this world with the greatest expectations, and most of all love. By two people the child calls mother and father. These two people have forgotten that being a parent, role model and teacher, means not putting down the other. Or using the children to emotionally beat up the “competition”. Because, being a parent is a privilege!
A divorce is like a funeral. Of course, there is no casket or service. But the process is the same.
“Funeral” services begin when the parties enter their lawyers office, (I call them legal funeral representatives) they help prepare for the death of their clients marriage.
The lawyers seek out personal, confidential information about you, only to file it in a public record for the world to see.
Attached to this public record filing is a detailed financial description, (yours) of personal property and assets acquired during the marriage.
Somewhere between page 11 or 15 of the divorce agreement, your children are listed, like an asset, by name and age. And on yet another page, you will find the “children”, stating who gets custody when, on what days, with specific times and for how long. Can’t forget the holiday schedules, this appears on yet another page of the divorce decree. This page looks more like a major event schedule, trading odd and even years off during the holidays.
If parents would think for a moment and get off their “power base”, they should be able to work out these very private details among themselves.
Months, and in some cases years later a judge, who I refer to as the coroner (no disrespect intended) sit before these strangers, in a court of law, with people who once vowed to love, honor and cherish each other all the days of their lives, ask if all parties are in agreement, with the tap of his gavel, signs the death certificate (known more commonly as the divorce decree.
I for one think this process is a crime. We allow total strangers to settle our once very happy lives. The greater crime, however, is the children, divided up among the parents like a piece of property. They are the “Voiceless Victims.”
This fantasy life fades as people grow together in a relationship. Unfortunately, about sixty percent grow apart during the marriage.
When the marriage ends it is like a house set on fire. All desired hopes, dreams and commitment cherished by both sides, up in smoke. But, we forget that the child of this relationship has yet to lay the foundation of their lives.
Divorce on any level, is devastating. For children, their warm, safe world is suddenly shattered like a broken toy, in many pieces. When parents begin to divorce, do they really stop and think about the children? All too often, the children fall under the invisible heading of “power base” or worse yet, “negotiable”.
A child’s life during a divorce is like a roller coaster, going up minute and down the next. Parents are keeping score of their child’s affection as though they were at a sporting event. Both parents fear losing ground as though their competition, the other parent, chips away at there own individual “power base”. This is an automatic reaction during a divorce. If only parents would stop for a moment and realize, that children have unconditional love for each of them.
Children were not beamed down from space to earth. They were conceived and brought into this world with the greatest expectations, and most of all love. By two people the child calls mother and father. These two people have forgotten that being a parent, role model and teacher, means not putting down the other. Or using the children to emotionally beat up the “competition”. Because, being a parent is a privilege!
A divorce is like a funeral. Of course, there is no casket or service. But the process is the same.
“Funeral” services begin when the parties enter their lawyers office, (I call them legal funeral representatives) they help prepare for the death of their clients marriage.
The lawyers seek out personal, confidential information about you, only to file it in a public record for the world to see.
Attached to this public record filing is a detailed financial description, (yours) of personal property and assets acquired during the marriage.
Somewhere between page 11 or 15 of the divorce agreement, your children are listed, like an asset, by name and age. And on yet another page, you will find the “children”, stating who gets custody when, on what days, with specific times and for how long. Can’t forget the holiday schedules, this appears on yet another page of the divorce decree. This page looks more like a major event schedule, trading odd and even years off during the holidays.
If parents would think for a moment and get off their “power base”, they should be able to work out these very private details among themselves.
Months, and in some cases years later a judge, who I refer to as the coroner (no disrespect intended) sit before these strangers, in a court of law, with people who once vowed to love, honor and cherish each other all the days of their lives, ask if all parties are in agreement, with the tap of his gavel, signs the death certificate (known more commonly as the divorce decree.
I for one think this process is a crime. We allow total strangers to settle our once very happy lives. The greater crime, however, is the children, divided up among the parents like a piece of property. They are the “Voiceless Victims.”
A Divorce Glossary
Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. Getting a good, low cost divorce settlement requires planning and research.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
A Divorce Glossary
Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. Getting a good, low cost divorce settlement requires planning and research.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
Accident Compensation - Why Bother With A Claim?
Bothering with a compensation claim after an accident or injury is a wise decision. Many people don't bother thinking it's not necessary, however after several years of struggle it's too late to start over.
People are injured everyday, some worse than others. After a serious injury, many people are so thankful that they're still alive and they fail to realise that the other party are responsible for their debilitation. Hit them where it's going to hurt them with an accident compensation claim!
Many people brush off this fact and just want to get on with their life as it was, but soon find out that recovering is easier said than done. Unable to return to work, or even play with their kids in the back yard, the thought of filing a compensation claim becomes more and more plausible, and rightfully so.
How Do I Make Those Responsible Pay?
Simple enough, you file an injury compensation claim with a compensation solicitor, but it is always not so simple. Whether filing a claim against a business, insurance company or individual, you need someone who understands the details and is willing to go the extra mile to gain you the compensation you deserve.
Those responsible will have solicitors on their side, working hard as well, so choosing a representative for you will be the most important decision in the initial stages and can make all the difference in the world for your final outcome.
Is This Just About Money?
If your solicitor is only interested in the bottom line, then you're in for a big surprise. It not just about money; it's about make those responsible, responsible.
This may sound like an obvious statement, but it is very true. If there were parties or individuals whose negligence has caused you injury, then it is your absolute right to demand and receive full compensation for what you have been put through and an accident compensation claim is the way to do it.
There are plenty of solicitors out there, promising the big bucks, but they don't understand their client's troubles, and it is these solicitors who can cost you your maximum compensation. A solicitor who truly cares and wants to ease the suffering for their clients will inevitably fight harder and win bigger payouts with better verdicts.
Do You Deserve It?
Many people are weary of filing an accident compensation claim because they don’t want to be though of as a 'gold digger' and see many of the solicitor's as 'ambulance chasers', but reality couldn't be further from the truth.
The truth is that you are injured, your injury has left you many number of life-altering challenges, rehabilitation is costly and takes time, and you wouldn't be in this situation if it wasn't for someone else's stupidity.
The question isn't 'why do I deserve compensation for this', but 'why don't you deserve compensation for this?'
You've been seriously hurt by someone and you are somehow left alone in the cold to deal with it yourself. Many people find themselves in this situation, and choose to take the path of injustice and not get the compensation they deserve.
Why???
Money Won't Change Everything But Can Help
While a large compensation victory won't take away the pain you have felt, or somehow cure you of your debilitation, but can take away one of the biggest stresses in this time of need...
The last thing an injured person needs to worry about throughout their recovery is money. Financial difficulties add enormous amounts of stress and can seriously undermine the recovery process. However, if known properly, you can place your compensation claim's financial stress on a personal injury solicitor.
Any and all medical/physiotherapy bills, along with missed time at work and general mental anguish and family stress should not be on your shoulders alone to bear. After all, it's not your fault you're in this situation, so why should it be your responsibility to pay for it?
Do the right thing, and get what you deserve. Make today, the day you take back your life.
People are injured everyday, some worse than others. After a serious injury, many people are so thankful that they're still alive and they fail to realise that the other party are responsible for their debilitation. Hit them where it's going to hurt them with an accident compensation claim!
Many people brush off this fact and just want to get on with their life as it was, but soon find out that recovering is easier said than done. Unable to return to work, or even play with their kids in the back yard, the thought of filing a compensation claim becomes more and more plausible, and rightfully so.
How Do I Make Those Responsible Pay?
Simple enough, you file an injury compensation claim with a compensation solicitor, but it is always not so simple. Whether filing a claim against a business, insurance company or individual, you need someone who understands the details and is willing to go the extra mile to gain you the compensation you deserve.
Those responsible will have solicitors on their side, working hard as well, so choosing a representative for you will be the most important decision in the initial stages and can make all the difference in the world for your final outcome.
Is This Just About Money?
If your solicitor is only interested in the bottom line, then you're in for a big surprise. It not just about money; it's about make those responsible, responsible.
This may sound like an obvious statement, but it is very true. If there were parties or individuals whose negligence has caused you injury, then it is your absolute right to demand and receive full compensation for what you have been put through and an accident compensation claim is the way to do it.
There are plenty of solicitors out there, promising the big bucks, but they don't understand their client's troubles, and it is these solicitors who can cost you your maximum compensation. A solicitor who truly cares and wants to ease the suffering for their clients will inevitably fight harder and win bigger payouts with better verdicts.
Do You Deserve It?
Many people are weary of filing an accident compensation claim because they don’t want to be though of as a 'gold digger' and see many of the solicitor's as 'ambulance chasers', but reality couldn't be further from the truth.
The truth is that you are injured, your injury has left you many number of life-altering challenges, rehabilitation is costly and takes time, and you wouldn't be in this situation if it wasn't for someone else's stupidity.
The question isn't 'why do I deserve compensation for this', but 'why don't you deserve compensation for this?'
You've been seriously hurt by someone and you are somehow left alone in the cold to deal with it yourself. Many people find themselves in this situation, and choose to take the path of injustice and not get the compensation they deserve.
Why???
Money Won't Change Everything But Can Help
While a large compensation victory won't take away the pain you have felt, or somehow cure you of your debilitation, but can take away one of the biggest stresses in this time of need...
The last thing an injured person needs to worry about throughout their recovery is money. Financial difficulties add enormous amounts of stress and can seriously undermine the recovery process. However, if known properly, you can place your compensation claim's financial stress on a personal injury solicitor.
Any and all medical/physiotherapy bills, along with missed time at work and general mental anguish and family stress should not be on your shoulders alone to bear. After all, it's not your fault you're in this situation, so why should it be your responsibility to pay for it?
Do the right thing, and get what you deserve. Make today, the day you take back your life.
Abused Spouses: How Divorce May Affect Your Green Card Chances
The Violence Against Women Act (VAWA), passed into law in 1994 and amended in 2001, provides hope for immigrant abuse survivors. Under U.S. immigration law, immigrants may obtain a green card ("U.S. permanent residence”) by marrying a U.S. citizen (USC). The USC must, however under the normal course, petition U.S. Citizenship & Immigration Services (CIS, formerly known as “INS”) for an immigrant visa and a green card application for his/her immigrant spouse based on the marriage.
But this process is not always easy on the immigrant – in many instances, it provides one of the most abusive ways a sponsoring spouse can exercise control over the immigrant, by holding the immigrant's tentative immigration status over her.
This is where VAWA helps. Abused immigrants who are married to a U.S. citizen or Lawful Permanent Residents may now petition on their own for an immigrant visa and green card application, without the abuser's knowledge or consent.
However, one of the recurring problems and questions that come up in these abused spouse cases is what happens to the immigrant’s chances for a green card if the abuser goes through on his threat and files for divorce?
Similarly, how is her green card chances affected if the immigrant files for divorce, herself?
Filing for relief under VAWA may still be possible even if divorce proceedings have begun or even if the divorce is final. A divorced immigrant who was subject to extreme cruelty from his or her legal permanent resident or U.S. citizen spouse may apply for an immigrant visa as an abused spouse (eventually leading to a green card) if the petition is filed with CIS (INS) within 2 years following any final divorce decree.
Thus, if the immigrant is already divorced, s/he can still file for VAWA protection, but only if the divorce is 2 years old or less at the time it is filed and can prove that the abuse was related to the reason for or was the reason for the divorce, itself.
The divorced immigrant must still prove the basis elements of a VAWA self-petition including having a real marriage (i.e., not a marriage entered into for immigration purposes) as well as prove that s/he lived with the abuser when they were married at some point.
This provision allowing for divorce immigrants to file applies to all cases that were still being decided by CIS or filed on or after October 28, 2000. There are exceptions to this date, however, so an immigrant in this situation should contact an immigration attorney who regularly deals with VAWA (Violence Against Women cases) to determine if she is eligible to file for immigration protection under VAWA.
If an abused immigrant spouse chooses to not file a VAWA-based immigrant visa petition and chooses to rely on her spouse to sponsor her, if the spouse fails to sponsor her or the case the spouse filed is not approved by the time the divorce is final, that case will be denied and the immigrant will have to start over with either a VAWA-based immigrant visa (if eligible) or some other potential immigrant visa or will be stuck without the means to obtain a green card.
If an immigrant believes that her spouse is going to file for divorce or has already filed for a divorce and has a case based on her spouse's sponsorship currently being decided by INS (CIS), there may be a way to save the green card (adjustment of status) application that is attached to her spouse's immigrant visa filing and file for VAWA immigrant visa to protect herself from her spouse’s threats, and retain her work card and travel authorization instead of having to start all over again with a new green card application.
But this process is not always easy on the immigrant – in many instances, it provides one of the most abusive ways a sponsoring spouse can exercise control over the immigrant, by holding the immigrant's tentative immigration status over her.
This is where VAWA helps. Abused immigrants who are married to a U.S. citizen or Lawful Permanent Residents may now petition on their own for an immigrant visa and green card application, without the abuser's knowledge or consent.
However, one of the recurring problems and questions that come up in these abused spouse cases is what happens to the immigrant’s chances for a green card if the abuser goes through on his threat and files for divorce?
Similarly, how is her green card chances affected if the immigrant files for divorce, herself?
Filing for relief under VAWA may still be possible even if divorce proceedings have begun or even if the divorce is final. A divorced immigrant who was subject to extreme cruelty from his or her legal permanent resident or U.S. citizen spouse may apply for an immigrant visa as an abused spouse (eventually leading to a green card) if the petition is filed with CIS (INS) within 2 years following any final divorce decree.
Thus, if the immigrant is already divorced, s/he can still file for VAWA protection, but only if the divorce is 2 years old or less at the time it is filed and can prove that the abuse was related to the reason for or was the reason for the divorce, itself.
The divorced immigrant must still prove the basis elements of a VAWA self-petition including having a real marriage (i.e., not a marriage entered into for immigration purposes) as well as prove that s/he lived with the abuser when they were married at some point.
This provision allowing for divorce immigrants to file applies to all cases that were still being decided by CIS or filed on or after October 28, 2000. There are exceptions to this date, however, so an immigrant in this situation should contact an immigration attorney who regularly deals with VAWA (Violence Against Women cases) to determine if she is eligible to file for immigration protection under VAWA.
If an abused immigrant spouse chooses to not file a VAWA-based immigrant visa petition and chooses to rely on her spouse to sponsor her, if the spouse fails to sponsor her or the case the spouse filed is not approved by the time the divorce is final, that case will be denied and the immigrant will have to start over with either a VAWA-based immigrant visa (if eligible) or some other potential immigrant visa or will be stuck without the means to obtain a green card.
If an immigrant believes that her spouse is going to file for divorce or has already filed for a divorce and has a case based on her spouse's sponsorship currently being decided by INS (CIS), there may be a way to save the green card (adjustment of status) application that is attached to her spouse's immigrant visa filing and file for VAWA immigrant visa to protect herself from her spouse’s threats, and retain her work card and travel authorization instead of having to start all over again with a new green card application.
10 Tips for Winning at Custody
Winning at Custody is one of the most difficult issues parents confront in divorce. In many cases, both parents want custody and are willing to spend whatever it takes to win. Custody is all about what is best for the children - and that involves proving that you are the best parent - i.e. that the other parent is not as good a parent as you and/or that the other parent is just simply a bad parent.
My recommended tips for winning at custody are:
1. If you are not involved in your children's lives now, you are not getting custody from a judge. If you are a working parent who lets your spouse handle all of the details of parenting, you are not prepared to win at custody. You must either change your objectives or change your parenting. If you really want custody, get involved now - in all aspects of your children's lives. Get involved in your children's schooling. Attend their extra curricular events. Take them to the doctor and dentist. Get to know what professionals your children see and be involved with them?
2. Make sure that you are not exposing your children to unsafe or unhealthy environments when they are with you. Are you involved in another relationship? Has there been more than one? Be very careful about exposing your children to your companion(s). Many judges, professionals, and other parents object to the children being subjected to other relationships too early in that process. More important, if you really want to win at custody, it should be because you want to spend time with your children parenting them. Spending time with someone else when you have the children is a recipe for losing at custody in court.
3. Do you put down your children's other parent when the children are with you - either consciously or subconsciously? If you do, stop. One sure way to lose at custody is to hurt the children's relationship with the other parent. A judge will consider whether a parent promotes or prevents the other parent's access to and relationship with the children when seeking custody.
4. Winning at custody requires that you keep a calendar for everything. You need to be able to look back and remember details when it comes time to litigage custody. If you do not know when you had the children, what events you attended, where they were or you were or allof the times your spouse was not timely for a pick up or drop off, you will only hurt your own case. You can keep track on your own calendar, with your own journal, or with a professionally managed calendaring system. We do provide access to a professional calendaring system for custody cases on our web site at http://www.millenniumdivorce.com/custody-planner.asp.
5. Be on time...Be on time....Be on time. Few issues cause as much conflict as a parent who is persistently late in picking up or dropping off children. It irks the judges, it creates arguments with your ex or soon to be ex, and it stresses out the children. So, Be on time.
6. Be flexible. If the other parent wants to switch weekends or weekdays, do it if you can manage your schedule. When the time comes to tell the judge why you should have custody, you can tell the judge that you are the parent who makes sure that the schedule works. In a close case, this issue makes a difference.
7. Do not involve your children in the issues that are pending in court or with attorneys. Courts generally are very opposed to the children knowing the details of what are essentially adult issues. Children should be told that both parents love them and want to see them - that's it. The children may see a psychologist and/or an attorney or other professional if the court directs that. The children can talk to those people about your case - you should not be giving them the details, especially if giving the details involves denigrating the other parent.
8. Winning at custody requires considering one other very important factor: where do the children want to live. It is not a good idea to coach your children on this issue. They will have an opportunity to tell what they want to either the court, their attorney or a psychologist. However, it is a good idea to know what they want. If they want to live with their other parent, you should not spend all of your time and money pursuing custody, unless you believe that it is unsafe or inappopriate for the children to live with that parent.
9. You do have to be willing to show why your children's other parent should not have custody. So, you need to keep track of whether that parent is on time, involved, and flexible with the schedule. If that parent has any issues that affect custody, such as a history of mental health issues which impact his or her ability to care for the children or alcohol or drug addictions, you need to let the court know. Other issues that can and do affect custody determinations include the number and frequency of romantic relationships and the epxosure of the children to those relationship, the proper supervision of the children, and ensuring that the children attend school and see professionals such as a doctor and dentist when necessary.
10. Above all else, hire a good attorney and be open and honest with your attorney. Listen to your attorney, not some friend or relative who is sure about what you should do because they had a friend or a relative who got a better deal. If you are paying your attorney, listen to what he or she has to say.
My recommended tips for winning at custody are:
1. If you are not involved in your children's lives now, you are not getting custody from a judge. If you are a working parent who lets your spouse handle all of the details of parenting, you are not prepared to win at custody. You must either change your objectives or change your parenting. If you really want custody, get involved now - in all aspects of your children's lives. Get involved in your children's schooling. Attend their extra curricular events. Take them to the doctor and dentist. Get to know what professionals your children see and be involved with them?
2. Make sure that you are not exposing your children to unsafe or unhealthy environments when they are with you. Are you involved in another relationship? Has there been more than one? Be very careful about exposing your children to your companion(s). Many judges, professionals, and other parents object to the children being subjected to other relationships too early in that process. More important, if you really want to win at custody, it should be because you want to spend time with your children parenting them. Spending time with someone else when you have the children is a recipe for losing at custody in court.
3. Do you put down your children's other parent when the children are with you - either consciously or subconsciously? If you do, stop. One sure way to lose at custody is to hurt the children's relationship with the other parent. A judge will consider whether a parent promotes or prevents the other parent's access to and relationship with the children when seeking custody.
4. Winning at custody requires that you keep a calendar for everything. You need to be able to look back and remember details when it comes time to litigage custody. If you do not know when you had the children, what events you attended, where they were or you were or allof the times your spouse was not timely for a pick up or drop off, you will only hurt your own case. You can keep track on your own calendar, with your own journal, or with a professionally managed calendaring system. We do provide access to a professional calendaring system for custody cases on our web site at http://www.millenniumdivorce.com/custody-planner.asp.
5. Be on time...Be on time....Be on time. Few issues cause as much conflict as a parent who is persistently late in picking up or dropping off children. It irks the judges, it creates arguments with your ex or soon to be ex, and it stresses out the children. So, Be on time.
6. Be flexible. If the other parent wants to switch weekends or weekdays, do it if you can manage your schedule. When the time comes to tell the judge why you should have custody, you can tell the judge that you are the parent who makes sure that the schedule works. In a close case, this issue makes a difference.
7. Do not involve your children in the issues that are pending in court or with attorneys. Courts generally are very opposed to the children knowing the details of what are essentially adult issues. Children should be told that both parents love them and want to see them - that's it. The children may see a psychologist and/or an attorney or other professional if the court directs that. The children can talk to those people about your case - you should not be giving them the details, especially if giving the details involves denigrating the other parent.
8. Winning at custody requires considering one other very important factor: where do the children want to live. It is not a good idea to coach your children on this issue. They will have an opportunity to tell what they want to either the court, their attorney or a psychologist. However, it is a good idea to know what they want. If they want to live with their other parent, you should not spend all of your time and money pursuing custody, unless you believe that it is unsafe or inappopriate for the children to live with that parent.
9. You do have to be willing to show why your children's other parent should not have custody. So, you need to keep track of whether that parent is on time, involved, and flexible with the schedule. If that parent has any issues that affect custody, such as a history of mental health issues which impact his or her ability to care for the children or alcohol or drug addictions, you need to let the court know. Other issues that can and do affect custody determinations include the number and frequency of romantic relationships and the epxosure of the children to those relationship, the proper supervision of the children, and ensuring that the children attend school and see professionals such as a doctor and dentist when necessary.
10. Above all else, hire a good attorney and be open and honest with your attorney. Listen to your attorney, not some friend or relative who is sure about what you should do because they had a friend or a relative who got a better deal. If you are paying your attorney, listen to what he or she has to say.
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