Ways to Enforce an Alimony Order

You may walk out of court feeling good about the alimony payments that a judge has ordered your ex-spouse to pay. That fact, however, is that there’s no guarantee you’ll receive those payments. Your former spouse needs to honor that legal agreement, although plenty do not. However, there are many ways to enforce an alimony order to ensure that you get the support you need following your divorce. A divorce lawyer in Rancho Cucamonga can help you get the money that is rightfully yours following your divorce.

Contempt of Court

If you have court-ordered alimony and it’s not being paid, a Contempt of Court motion may be filed. This procedure is generally used when it is believed that the ex-spouse has the means to pay but flat out refuses to do so. The ex-spouse will be called to defend himself or herself, even if they have left the jurisdiction in which the divorce was filed. Judges overseeing the case have the power to jail the former spouse for non-compliance until payments are made.

Wage Garnishment

Another solution is to petition to have your ex-spouse’s wages garnished. Federal law limits the amount of wages that may be garnished at 25%. California law, however, may increase that percentage to up to 50% depending on your circumstances, the circumstances of your ex-spouse, and your divorce agreement. The Consumer Credit Protect Act will protect your former spouse from being dismissed from his or her job because of wage garnishment.

Private Collection Agency

Retaining the services of a private collection agency is another way to enforce an alimony order. Many support collectors provide services to those who are owed alimony or child support. Note, however, that those services usually come with a 30% fee. Make sure that you thoroughly investigate the collection agency in which you are interested before retaining its services. Select one that has available legal assistance, if necessary.

Qualified Domestic Relations Order

Another, little-known way to get the alimony money that is your legal right is to file a Qualified Domestic Relations Order (QDRO). This order will help you get money from your ex-spouse’s retirement plans. It does so by creating an alternate payee’s right, namely you, to receive proceeds from the plan. This order is applicable to a number of different retirement plan types including 401Ks, 403Bs and other ERISA plans. The order may not be applied to traditional IRAs.

 

SOURCES:

https://divorce.lovetoknow.com/Enforce_Alimony

https://www.forbes.com/sites/jefflanders/2014/02/19/how-to-get-your-ex-husband-to-honor-the-financial-terms-of-your-divorce-settlement/#564392e2432c

California Drunk Driving Statistics

If you have to drive in California then you may want to know more about what to watch out for on the roads you drive each day. One major issue that you should be aware of when you are out on the road is that intoxicated driving is a problem in California.

It seems like at this point people should understand the dangers involved in drunk driving; yet people continue to get behind the wheel after consuming alcohol. It’s unfortunate that so many innocent lives are taken because of those who can’t be bothered to hire an Uber or taxi cab after having a few drinks.

Below, we’ve compiled a list of California drunk driving stats so that you can be more informed on the dangers of drinking and driving, and hopefully you can avoid being involved in a crash with an intoxicated driver.

What the Stats Say

Below you’ll find some statistics on drunk driving in California:

  • Between 2003 and 2012, 10,327 people were killed in California in collisions involving a drunk driver.
  • More males than females died in collisions involving alcohol use in 2012.
  • In the United States, about one out of three traffic accidents involves a drunk driver.
  • In 2012, 1.8% of Californians reported that they get behind the wheel after drinking too much alcohol.

What Could You Do to Prevent Drunk Driving?

Safety starts with you and if you don’t ever get behind the wheel, that is one less person on the road driving intoxicated. However, there are other ways that drunk driving can be prevented. Teaching others about drunk driving statistics, especially young people, can help to prevent accidents down the road.

Identifying at-risk drivers early and getting them alcohol treatment classes can help to prevent drunk driving collisions.

Laws can help in keeping drivers from hitting the roads after having those drinks. Other effective measures are license suspension, security checkpoints, counseling, mass media campaigns, and school education programs.

You can also help to prevent accidents by suing those responsible for causing injuries, such as the intoxicated driver. Filing an injury case can draw more attention to the dangers of intoxicated driving, and it can compensate you for your injuries and losses.

Have You Been Hurt in an Auto Wreck in California?

If you’ve been seriously injured in a vehicle collision the above stats may not be as useful to you as finding a good lawyer. An Orange County car accident lawyer, for instance, can assist you in filing an injury claim against the drunk driver responsible for your crash, your injuries, and your damages.

Hold drunk drivers accountable so that others aren’t hurt in an accident involving intoxicated driving the same way you were!

Can Speeding Tickets Lead to Jail Time?

Going a few miles per hour over the speed limit is something we often don’t think about until we see those blue lights in the mirror. You’ve been pulled over, and you’re, of course, a little nervous. What if you can’t pay the ticket? Can they send you to jail?

Unfortunately, you could be sent to jail for your speeding ticket. New York takes speeding seriously, so you’ll need an experienced lawyer to fight your speeding ticket. Otherwise, you could suffer some severe punishments for going a little fast.

The Points System

When you plead guilty to and pay a ticket, you’ll receive points on your license, based on your speeding offense. In most cases, you won’t be arrested for these points, even if you accrue more than eleven points. When you reach this amount, however, your license will be suspended.

Going well over the speed limit can get you in more serious trouble, however. If you’re speeding excessively, you could receive between fifteen and thirty days in jail for your actions. While this isn’t a common consequence, you could be arrested for these speeds.

Speeding with Other Considerations

In some cases, however, you might have been arrested for more than speeding. Many people who are driving while intoxicated are initially pulled over for speeding. Unfortunately, speeding at any time can be dangerous, but it’s especially dangerous then.

When you’re intoxicated, your judgement and reaction times are slowed. Driving under the influence means accidents are more likely, so if an officer pulls you over for speeding and for driving under the influence, you could be arrested for your actions.

While speeding rarely leads to jail time on its own, speeding can worsen many other dangerous conditions. If you were texting, talking, intoxicated, or otherwise distracted from your task while speeding, you could suffer more serious consequences than just a speeding ticket.

Fighting Back Against Jail Time

Unfortunately, while you might otherwise be a careful driver, a few miles over the speed limit could net you a speeding ticket. It’s unfortunate, but you will have the chance to fight back. You’ll need to plead “not guilty” and fight back if you want to avoid jail time.

When you’re pulled over for speeding, keep in mind that you could face an embarrassing arrest and jail time, so be ready to fight back. Speak to an attorney about your ticket, whether you could face jail time, and how you can avoid a speeding ticket altogether.

Idaho Wrongful Death Laws to Know

Idaho wrongful death lawsuits are subject to the Idaho Code 5-311 and include pertinent definitions, procedures, and requirements pertaining to wrongful death civil cases. Some of the main areas of Idaho wrongful death laws to know involve the time limits of filing a wrongful death claim and potential damages that can be awarded in instances where a wrongful death claim is successful in court.

Defining the Term ‘Wrongful Death’

In the state of Idaho, ‘wrongful death’ is defined as when one person’s death is caused by wrongful or negligent actions of another. A wrongful death claim is usually made by relatives of the deceased person against the person whose actions resulted in the wrongful death. Most often, the family members of the deceased are seeking damages for the decedent’s wrongful death.

A wrongful death claim is similar to a personal injury claim, except that instead of the injured person filing the claim, family or representatives of the deceased person are representing them. Family members, heirs, or representatives of the deceased person may also make claims of their own against the party who caused the death, for damages to compensate for their pain and suffering.

Who Can File a Wrongful Death Claim?

In the state of Idaho, parties allowed to file a wrongful death claim include representatives of the decedent’s estate, heirs to the decedent’s estate, family members of the deceased such as spouses, children, parents, stepchildren, or any blood relatives that can prove dependence on the deceased individual.

Time Limits of Wrongful Death Claims

To file a wrongful death claim in Idaho, state law requires the claim to be filed within a defined time frame. According to the Idaho statute of limitations, wrongful death claims must be filed within two years of the decedent’s death. If this window of time is missed, it is most likely that the court will not even hear the case. In order to ensure that you are within the two-year time period, be sure to contact a lawyer who is experienced with wrongful death lawsuits in Idaho.

Wrongful Death Damages

In the state of Idaho, wrongful death claims are generally viewed as pertaining to economic damages, or non-economic damages.

Economic Damages

Economic damages are based on actual dollar amounts; these are usually hospital bills, medical bills, receipts, and pertinent financial documents. Under Idaho state law regarding wrongful death cases, economic damages are not capped, meaning there is no claim limit. Most often, these damages involve medical expenses of the decedent’s final care, funeral and burial costs, loss of financial support to the decedent’s family, and compensation for the loss of services provided by the decedent.

Non-Economic Damages

Non-economic damages are usually qualitative, rather than quantitative. These damages do not refer to financial losses suffered by the family members or representatives of the decedent, but rather refer to the pain and suffering associated with the loss. These kinds of damages are capped at $250,000 per family member.

How Can a Lawyer Help with IRS Trouble?

No one wants to deal with the IRS, but if you are facing a tax audit, negotiation, or charge, you have no choice in the matter. Hiring an attorney who specializes in complex tax issues is more likely to produce favorable results than attempting IRS negotiations yourself. Not only can a lawyer guide you through the process based on personal experience and knowledge, they can also be one of the main determining factors in your audit or negotiation’s outcome.

When You Should Hire a Tax Attorney

There are a number of tax-related situations where it is advisable to hire a tax lawyer to help with IRS problems.

Tax Audit

If you are being audited, legal representation can help you in the negotiation process throughout the audit. Experienced tax attorneys know how to make the IRS a compromise offer that can result in your debt being settled for less than what you owe. Other strategies involve requesting a penalty abatement, or aiding in the establishment of a payment plan to ease the repayment process for you.

Negotiations with the IRS

The IRS bureaucracy is a tough one to navigate through, and without knowledge of the applied language in tax contexts, you will find it hard to keep up and know what to say, when to say it, and whom to say it to. Giving a tax attorney ‘power of attorney’ means that your lawyer can handle all direct communication with the IRS on your behalf, and their goal is securing the best possible financial outcome for you.

An IRS Notice or CP

If you have received an IRS notice, also known as a ‘CP’, the IRS is warning you of a tax issue to due with your return or returns. These reminders can be regarding an error made or debts that remain unpaid. A tax attorney will know exactly how to proceed and can spare you the confusion and stress of trying to navigate those waters by yourself.

Criminal Charges

From time to time, the IRS is obligated to enforce criminal charges. In these situations, you most definitely will need the assistance of a tax attorney. Most criminal IRS charges are the result of tax fraud or tax evasion; both carry heavy penalties with eight out of 10 IRS criminal investigations resulting in prison time for the defendant. Hiring an attorney can help you completely avoid prison time, get a reduced sentence, and lessen hefty fines.

How a Tax Attorney Can Help

A tax attorney advocates for your in their interactions with the IRS on your behalf. They speak for you, negotiate for you, and can guide the IRS’s line of questioning. Tax attorneys do this for a living, so they move forward and through IRS dealings with efficiency and expertise. Hiring a tax attorney can save you a lot of time and money in the long run, not to mention the stress and frustration of going up against the IRS bureaucracy unarmed. Thanks to attorney-client privilege, your attorney cannot disclose any of the information you give them, and they still have to act in your best interest, regardless of what they know.

If you’re facing an audit, negotiation, or charge by the IRS, you might be asking yourself, “How can a lawyer help with IRS trouble?” An experienced and knowledgeable tax attorney can advocate for you and negotiate on your behalf while knowing the language and meaning of tax laws.

https://en.wikipedia.org/wiki/Income_tax_audit

https://en.wikipedia.org/wiki/Tax_audit_representation

How an Attorney Can Help Expose Nursing Home Abuse

When you decide to have an elderly loved one placed in a nursing home you hope that your loved one is going to be well cared for, respected, safe, and happy. You wouldn’t even dream that a loved one could be abused in the very facility that’s supposed to protect the elderly adults under their care.

If you ever suspect that something’s not right at your loved one’s nursing home you should act; however, it may be difficult for you to prove your suspicions. Abuse happens when you aren’t around, so how can you ever be sure?

There are certainly signs of abuse that you should watch out for. If you notice these signs of abuse, then you may want to get a nursing home abuse lawyer on your side. A lawyer can help gather any evidence of mistreatment or neglect that you’ve documented and put together a case for you.

Putting a stop to nursing home abuse can not only protect your elderly loved ones, but you may also be preventing other vulnerable adults from being harmed.

Types of Nursing Home Abuse

There are several different types of elder abuse that can take place in nursing homes.

Physical abuse is when an elderly adult is being harmed physically, such as: hitting, scratching, pinching, pushing, shoving, punching, smacking, etc.

Mental and emotional abuse is when your elderly family member is being belittled or tormented.

Sexual abuse is any sexual content without consent, including with elderly adults who can’t give consent.

Financial abuse takes place when someone manipulates or tricks an elderly adult for financial gain. This can include accessing bank accounts, stealing an elder’s personal property, or tricking an elder into adding the person to the elder’s will, or giving them access to financial records.

Neglect is a common form of nursing home abuse and includes maltreatment, malnourishment, failure to provide adequate medical care, and failing to meet an elder’s physical needs in any way.

Signs of Nursing Home Abuse

Anytime something doesn’t seem right you should probably trust your instincts and look into things. If you suspect that your family member is not being treated right, here are some of the signs that may indicate abuse. There is no substitute for being proactive and taking your loved one’s care seriously. If an elder adult can’t look out for him- or herself, then you have to do it.

  • Signs of physical abuse could include – scratches on the body, bruises, especially hand imprints or bruising around the wrists, broken bones, torn or dirty clothing
  • Signs of mental and emotional abuse – behavioral signs such as changes in mood or personality, aggressive or defensive behavior, fearfulness, anxiety, depression, or withdrawal
  • Sexual abuse – signs include emotional and behavioral changes, torn clothing, bruising around the genitals, or anxiety, fearful behavior, depression, flinching away from physical contact
  • Financial abuse –unauthorized changes to an elder’s financial records is an indicator of abuse; if something seems strange or fishy, such as: large withdrawals or changes to financial paperwork that doesn’t make sense
  • Neglect – weight loss, frequently ill, dirtiness or poor hygiene, bed sores, malnourishment

If you watch out for these signs and maintain a record of what you’ve found, your attorney can help take your evidence and use it to expose nursing home abuse. Exposing abuse can help your loved one receive justice and compensation for this horrendous experience. In addition, you can keep other vulnerable adults from also being mistreated.

What is a Surrogate Mother?

If you are a family who has been trying to conceive for some time to no avail, or if you are a same sex couple or a couple with fertility issues, you may be considering alternatives for adding to your family.

Surrogacy is a great option for couples or individuals who are unable to get pregnant on their own.

Here, a woman, referred to as the surrogate mother, will carry your child for you so that you can fulfill your dreams of having the baby you’ve always wanted.

There are a couple of different types of surrogacy you can choose from: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate mother will provide her own egg to be fertilized with either the intended father’s sperm or donor sperm to become pregnant, whereas in gestational surrogacy the surrogate mother will undergo in vitro fertilization with the intended mothers egg or donor egg and the intended fathers sperm or donor sperm.

You can discuss the benefits of these types of surrogacy when you schedule your first appointment with the surrogacy agency. Continue reading to learn more about potential surrogate mothers and what you should include in your surrogacy contract.

Criteria Surrogate Mothers Should Meet

Whether you are interested in becoming a surrogate mother or if you are an intended parent searching for the perfect surrogate mother to carry your child, you should be aware of the very specific criteria that the surrogate mother will need to meet in order to carry your future child. Some of these requirements might include:

  • Having a Body Mass Index of less than 30
  • Be between the ages of 21 and 45
  • Have no sexually transmitted infections
  • Abstain from smoking & illicit drug use
  • Have had at least one uncomplicated, full-term pregnancy & birth
  • Be prepared to undergo mental health evaluations
  • Having their own transportation to and from doctor’s visits
  • Not be receiving any sort of government assistance benefits

This is not an exhaustive list of all of the qualifications that will need to be met, but rather should give you an idea of the extensive screening a high quality surrogacy agency will complete prior to making a surrogate mother available for your choosing.

Aspects of Your Surrogacy Contract

When writing your surrogacy contract, there are numerous details that will need to be addressed, as you’ll want to ensure that a plan of action for every possible scenario is included so that you and your surrogate are prepared and know what to expect. The most common components to a surrogacy contract are the financial aspects including:

  • base compensation rates for surrogates
  • healthy lifestyle requirements the surrogate mother will need to adhere to throughout the pregnancy
  • provisions that discuss if the intended parents will be present for prenatal appointments and the birth of the child
  • confidentiality agreements
  • legal issues surrounding pre-birth orders or what happens if the intended parents pass away or decide to divorce
  • what contact between the surrogate and the intended parents and the child will be like after birth, if any

Your surrogacy agency should be able to work with you to draft a surrogacy contract that covers every situation that could potentially arise. This way, your family and your surrogate can move forward without worry and be able to focus your energy on your future baby.

Get Help from a Reputable Surrogacy Agency

There is much to consider before you take the leap and decide to pursue a surrogacy arrangement. When you’re ready to move forward and take the steps necessary to have the baby you’ve longed for, get help from a good surrogacy agency who can stand by your side every step of the way through your surrogacy journey.

Wrongful Death Laws in Virginia

Losing a family member to someone else’s negligence is more than painful. It’s also frustrating to know that someone else caused your loved one’s passing. However, you don’t have to let them get away with it, or settle without compensation.

While they might pay with jail time for the death of your loved one, you and your family also deserve compensation for the pain you endured at the hands of the at-fault party. As such, you and your family may need to file a wrongful death claim for your losses.

However, before you begin, ensure that you understand the basics about wrongful death laws in Virginia. If you act too soon, you could lose your chance to recover your losses.

Time Limits for Wrongful Death

After the accident, you have a limited time to file your claim and get your compensation. If you don’t act within two years of the death, you won’t receive compensation for your recovery. This leaves your family to handle the financial losses for someone else’s mistake.

If you just discovered that your family’s case counts as a wrongful death, act fast, and speak to someone like the wrongful death attorneys of Halperin Law Center. You must file soon to get the compensation your family deserves.

Who is Eligible to File?

First, you must determine who’s eligible to file for a wrongful death suit. Unlike other injury claims, where the injured person files, there’s no possibility for the injured party to file. In Virginia, you must determine the “statutory beneficiaries,” or the family members who may file the claim and get the compensation.  

If your family seeks compensation for a loved one’s wrongful death, the following people may be eligible to file a wrongful death claim:

  • The deceased’s spouse
  • Children or grandchildren
  • Surviving parents or siblings
  • Other family members entitled to the estate

Get Help for Your Wrongful Death Claim

When a loved one dies because of someone’s negligence and carelessness with their safety, you must act fast to get the compensation you and your family need. Your time is limited, and every second counts.

You should find a lawyer who can help you understand the important laws related to your case. The above laws may be the most important ones, but other laws could affect your claim. Reach out for the help you need when someone has taken your loved one away from you.  

A Flawed System of Law Practice and Training

Do you think law practice is good or flawed? There are millions who say the system of law practice and training are good but there are problems within the system. That’s understandable because there have been many issues within this area of late and while progress has been made, it’s very slow! So, is the whole legal system flawed? Can there be any way to save the training law professional receive and can we trust the system if it’s flawed?

Flaws from Yester Years

Legal training from the 1900s and beyond was not at its best. Yes, lawyers did the best they could with what they had but the entire legal system, practice, and training was not at its very best. There was a lot unexplored and that really opened the door to flaws in the system. However, it wasn’t just one or two little flaws but dozens of them that are still very much present today. That can be a real issue because even as the ‘40s and ‘50s rolled around, the training system was still pretty much flawed even though there had been progress made. It’s a problem that lingers around today.

A Flawed System of Law Practice and Training

Modern Training Is Changing the Face of Law Practice

There is no denying that, 50 years ago, the legal system was very much flawed and, in a way, it’s still flawed today. It’s terrible because there are innocent people getting persecuted for something they didn’t do and the justice system is not really on point, either. However, legal training is also not perfect. There are still many flaws within this area of training too even though we think otherwise. Lawyers are being trained but not every country and every region has the perfect training system. There are flaws today and there will always be flaws.

Moving Forward to Make Progress

There are ways to save the training system for lawyers and other law professionals and that is to move forward and change with the times. Newer practices must come into play and outdated methods must be phased out in order to make progress and help remove flaws still within the system. We can trust the system if progress is made to change it. Law practice and training are two key elements to the justice system but while there are flaws, they can be fazed out one bit at a time. That’s why the system needs change.

Kicking the Flaws Out

Flaws exist and there is no amount of legal cases to bury that fact because the system had been flawed in the past and it probably will always be flawed in one way or another. However, we can take steps to get these flaws out and can potentially put things right too so that the future is better than today. Training and the methods in which legal professionals practice can be excellent but again, in a modern world, there are still very much flaws that exist. We don’t like them but they are there. Legal training will need to be improved as the years go by and that does leave room for improvement and to drive flaws out. Continue Reading

Careers of Lawyers, Law Practice, and Legal Institutions

From paralegals to lawyers, we all have an array of law professionals to turn to when we need them and yet, we don’t always use their services. For the last hundred years or so, the need for fair representation has never been greater and it does seem as though more and more will look to the law field for help. However, how has things really changed from yester year? How have the careers of lawyers and law practices really moved forward from yesterday? It has changed greatly and it’s still evolving. Read on to find out more details.

People See the Law Profession Differently Today

How do you view law? How do you look upon a law practice? For thousands, they think there have been massive steps forward in how the law field works and that is truly great. Being able to see changes can only be a good thing and, in a way, we all look upon the legal world as a very new system. Ten or 20 years ago, the justice system was pretty much flawed and while there are still flaws, it has come on leaps and bounds from then. That is why so many people are changing their opinion over how they view the law profession and it’s interesting to say the least.

Careers of Lawyers, Law Practice, and Legal Institutions

Ethics and How Law Professionals Act Are Under Constant Scrutiny

However, the careers of lawyers and other legal professionals as well as legal institutions are constantly under scrutiny. You have the law council and the law society that are constantly monitoring how professionals within these areas work. Yes, there are regulators needed as that can do wonders for a lot of people but it is also limiting what a lawyer can do. It might seem a bit strange to say but there are limitations for lawyers. They have to work and keep their ethics in mind just as much as they have to ensure they work by the rules of law. That is a fine balance to get right but it’s important they do.

Fair Representation

One thing which has been welcomed is fair representation. For many years, this wasn’t really given because for one reason or another, there were shortages and not the most qualified professionals available. However, modern times have made this area a lot more responsive and more advanced than ever before. It is truly wonderful to see changes with the times and it is certainly going to help improve a lot of things for everyday people. A law practice is seeing improvements just as much as paralegals and everyone else.

We Need Help with Law

Facing the law is never easy. It is not easy to understand how the law works and it is certainly difficult to work within this area too. However, having someone to represent you can be very important and the work for a lawyer and other legal professionals has never been more important. Today, these are the people who are giving their all to represent those in the greatest of need. Lawyers are important to have at your side.