When parents live in different states, custody disputes can be very challenging. One of the first issues to resolve is figuring out which state court will hear the custody case.
Sunday, April 19, 2015
Interstate Custody Disputes
When parents live in different states, custody disputes can be very challenging. One of the first issues to resolve is figuring out which state court will hear the custody case.
Thursday, April 16, 2015
Things You Can't Put in a Prenuptial Agreement
A prenuptial agreement, or "prenup," is an important
consideration for many couples contemplating marriage. Also known in
some states as a premarital agreement or antenuptial contract, prenups
are often believed to be necessary only for those with substantial
assets. In reality, many people are choosing to execute prenuptial
contracts today. Although these agreements are highly effective and
enforceable in most cases, the law prohibits certain provisions.. Should
you endeavor to include a non-allowed provision, courts may invalidate
your prenup in whole or in part. Read on for some important information
on this subject.
Reasons You May Want a Prenup
Even if you don't have a lot of assets, you may want to consider executing a premarital contract before walking down the aisle. For example, some couples choose a prenup to minimize the cost and pain should they later divorce. Many modern couples choose to work out the details of a potential split before getting married, when decisions are more likely to be dictated by logic rather than emotion.. Prenups can also help to establish ground rules for the marriage and set forth clear expectations for both parties. Other reasons for entering into a prenup may include the presence of children, property or debts from the past.
Provisions that May Be Disallowed
The legal system simply won't allow certain provisions in a premarital contract. This varies from state to state, but some concepts are universal. For any matters involving children, you will likely be unable to compel either party to relinquish future parental rights. Family courts consider the best interests of children ahead of that of either parent. Any attempt to restrict either party's custody or support obligations would likely be unenforceable. Some states also disallow attempts to limit alimony rights. Finally, most non-financial terms may fall under scrutiny. For example, attempts to enforce behavior (for example, who is responsible for specific chores, what religion children will be raised in or family pet matters) may not be enforceable. Trying to include provisions of this nature could result in having the entire agreement voided by a judge.
Protecting Your Assets and Rights before Marriage
If you believe a prenuptial agreement is necessary, contact a family law attorney in your state to discuss your goals and objectives. A lawyer who is experienced in the successful preparation and enforcement of prenups can advise you on what may or may not hold up in court, should your marriage fail in the future. If you elect not to execute a premarital contract with your future spouse, state law will govern how assets are distributed during divorce proceedings.
Reasons You May Want a Prenup
Even if you don't have a lot of assets, you may want to consider executing a premarital contract before walking down the aisle. For example, some couples choose a prenup to minimize the cost and pain should they later divorce. Many modern couples choose to work out the details of a potential split before getting married, when decisions are more likely to be dictated by logic rather than emotion.. Prenups can also help to establish ground rules for the marriage and set forth clear expectations for both parties. Other reasons for entering into a prenup may include the presence of children, property or debts from the past.
Provisions that May Be Disallowed
The legal system simply won't allow certain provisions in a premarital contract. This varies from state to state, but some concepts are universal. For any matters involving children, you will likely be unable to compel either party to relinquish future parental rights. Family courts consider the best interests of children ahead of that of either parent. Any attempt to restrict either party's custody or support obligations would likely be unenforceable. Some states also disallow attempts to limit alimony rights. Finally, most non-financial terms may fall under scrutiny. For example, attempts to enforce behavior (for example, who is responsible for specific chores, what religion children will be raised in or family pet matters) may not be enforceable. Trying to include provisions of this nature could result in having the entire agreement voided by a judge.
Protecting Your Assets and Rights before Marriage
If you believe a prenuptial agreement is necessary, contact a family law attorney in your state to discuss your goals and objectives. A lawyer who is experienced in the successful preparation and enforcement of prenups can advise you on what may or may not hold up in court, should your marriage fail in the future. If you elect not to execute a premarital contract with your future spouse, state law will govern how assets are distributed during divorce proceedings.
Jen Stott is the Director of Digital Content at Be Locally in South Jordan, Utah. Spiker Card attorneys may be able to help you with prenuptial agreements or other family law matters.
Monday, April 13, 2015
Qualifying for Social Security Disability Benefits
Qualifying for Social Security Disability Benefits
Friday, April 10, 2015
Workers Compensation - 5 Facts That Everybody Ought to Know
Every state has workers compensation laws designed to compensate
employees for work related injuries. In some states it may be called
workman's compensation or workmen's compensation, but it is the same
thing. While specific workers comp laws and systems vary from state to
state, there are general principles applicable to all states. Here are 5
facts the everybody ought to know.
1. Not every employer is required to have workers compensation.
Every state has set a minimum number of employees that an employer has to have before the employer is required to have workers comp. The number may be one employee, but is usually 2 to 4 employees. Therefore, if you work in a very small business, your employer may not be required to have workers compensation.
Also, not every employee is always covered. Most states recognize that businesses sometimes hire "casual" employees and these employees are not covered by workers comp.
2. You do not need to prove that your employer did something wrong or was at fault.
In normal personal injury situations where you are hurt. you must prove that another person caused your injury in some way. However, to make it easier for workers to receive medical treatment and compensation for injuries suffered at work, worker compensation laws exclude proving fault. Whether an employer was is at fault or not doesn't make a difference. All that an employee has to do is prove that his/her injuries occurred while at work.
3. You must go to the medical provider (doctor, hospital, etc.) to which your employer sends you.
It may seem unfair, but your employer (or its workers compensation insurance carrier) gets to pick the medical provider that you go to for a work related injury. And, if you refuse to go to the medical provider that is chosen by your employer, you may lose your workers compensation claim.
Employers must pay the medical bills of the medical provider to which you were sent by the employer. If you want to go to your own doctor, you will probably have to pay the bill yourself.
4. Most workers compensation lawyers will handle workers comp cases on a contingency fee basis.
Most states will not allow a lawyer to charge a worker/client a flat fee to handle a workers comp case. They require workers compensation lawyers to work on a contingency fee basis which means that the lawyer is paid a percentage of the amount he/she recovers for the worker/client. If the lawyer does not recover any compensation for the worker/client, then the lawyer is not paid.
5. Lawyer fees must be approved by the Workers Compensation Commission or Board.
Every state has a Workers Compensation Commission or Board. A state may call the commission or board a different name, but its purpose is the same - to settle disputes between the employer and employee that relate to an employee's injury. As part of settling disputes, the commission or board is also required to approve worker compensation lawyers fees. Normally the fee is either one quarter (25%) or one third (33 1/3%) of the compensation awarded to the injured employee.
This is general information only. If you have any questions whatsoever about workers compensation, talk with a lawyer licensed in your state. This article may be republished, but the wording must not be changed and the author links must remain active.
1. Not every employer is required to have workers compensation.
Every state has set a minimum number of employees that an employer has to have before the employer is required to have workers comp. The number may be one employee, but is usually 2 to 4 employees. Therefore, if you work in a very small business, your employer may not be required to have workers compensation.
Also, not every employee is always covered. Most states recognize that businesses sometimes hire "casual" employees and these employees are not covered by workers comp.
2. You do not need to prove that your employer did something wrong or was at fault.
In normal personal injury situations where you are hurt. you must prove that another person caused your injury in some way. However, to make it easier for workers to receive medical treatment and compensation for injuries suffered at work, worker compensation laws exclude proving fault. Whether an employer was is at fault or not doesn't make a difference. All that an employee has to do is prove that his/her injuries occurred while at work.
3. You must go to the medical provider (doctor, hospital, etc.) to which your employer sends you.
It may seem unfair, but your employer (or its workers compensation insurance carrier) gets to pick the medical provider that you go to for a work related injury. And, if you refuse to go to the medical provider that is chosen by your employer, you may lose your workers compensation claim.
Employers must pay the medical bills of the medical provider to which you were sent by the employer. If you want to go to your own doctor, you will probably have to pay the bill yourself.
4. Most workers compensation lawyers will handle workers comp cases on a contingency fee basis.
Most states will not allow a lawyer to charge a worker/client a flat fee to handle a workers comp case. They require workers compensation lawyers to work on a contingency fee basis which means that the lawyer is paid a percentage of the amount he/she recovers for the worker/client. If the lawyer does not recover any compensation for the worker/client, then the lawyer is not paid.
5. Lawyer fees must be approved by the Workers Compensation Commission or Board.
Every state has a Workers Compensation Commission or Board. A state may call the commission or board a different name, but its purpose is the same - to settle disputes between the employer and employee that relate to an employee's injury. As part of settling disputes, the commission or board is also required to approve worker compensation lawyers fees. Normally the fee is either one quarter (25%) or one third (33 1/3%) of the compensation awarded to the injured employee.
This is general information only. If you have any questions whatsoever about workers compensation, talk with a lawyer licensed in your state. This article may be republished, but the wording must not be changed and the author links must remain active.
Stop! You may be entitled to workers compensation. For a FREE eBook and more information, click here on Workers Compensation. And click here for more insights on Workman's Comp Settlements.
Tuesday, April 7, 2015
Social Security Disability
The Social Security Administration defines disability as any physical or mental problem that prevents you from working.
Saturday, April 4, 2015
How Do You Choose the Right Child Custody Attorney?
Child custody is one of the biggest issues in the family court
system. When a couple is getting a divorce they have to determine where
the children from the marriage will live, who will pay for the things
the children need, and what is in the best interest of the children.
Child custody and child support are two issues that usually go hand in hand with volatile emotions, psychological stress, and the need for a mediator. You want to make sure you have the best possible attorney in your area to help you with your child custody issues, but how do you decide who is the best?
1. Consider the experience they have
You will need an attorney that has dealt with child support issues in the past. You need an attorney that knows the child support laws in the state you live in, one that is going to fight to make sure that the other parent pays an adequate amount to help support the children produced by the marriage.
2. Consider their proximity to you
You are going to have to meet with the attorney several times during the course of your family law proceedings. If the attorney you choose has offices in another town then you will have to consider what you will have to do in order to get to their office. If it is impossible for you to get to their offices then check to see if the attorney is willing to meet you somewhere closer to your home.
3. Consider their fees
You hate to base your selection on the amount of money that it is going to cost you, but if you cannot afford to pay for your lawyer then you are going to be in even worse shape than you are in now. Ask the attorney to explain their fees, and explain their payment arrangements before you become too involved with them.
4. Look for reviews and referrals
If you have the name of an attorney then you need to look at any reviews you can find about them before you go and see them. Do an online search to see if you can find any written reviews about the lawyer, or the law firm they work with.
5. Interview them
On the first visit to the office of the attorney you are essentially interviewing them for a job. You want to go to this meeting prepared to conduct a thorough interview. Take a small tablet and write down all of the pertinent questions that you want to ask them and carry this tablet with you to the consultation.
6. Listen to your gut
Your gut will let you know when you have found the right person for the job. You will feel confident in the choice you are making. If you feel uneasy about hiring the attorney then your gut is trying to tell you that your subconscious is aware of something that your conscious might not be acknowledging. Listen to your gut.
Child custody and child support are two issues that usually go hand in hand with volatile emotions, psychological stress, and the need for a mediator. You want to make sure you have the best possible attorney in your area to help you with your child custody issues, but how do you decide who is the best?
1. Consider the experience they have
You will need an attorney that has dealt with child support issues in the past. You need an attorney that knows the child support laws in the state you live in, one that is going to fight to make sure that the other parent pays an adequate amount to help support the children produced by the marriage.
2. Consider their proximity to you
You are going to have to meet with the attorney several times during the course of your family law proceedings. If the attorney you choose has offices in another town then you will have to consider what you will have to do in order to get to their office. If it is impossible for you to get to their offices then check to see if the attorney is willing to meet you somewhere closer to your home.
3. Consider their fees
You hate to base your selection on the amount of money that it is going to cost you, but if you cannot afford to pay for your lawyer then you are going to be in even worse shape than you are in now. Ask the attorney to explain their fees, and explain their payment arrangements before you become too involved with them.
4. Look for reviews and referrals
If you have the name of an attorney then you need to look at any reviews you can find about them before you go and see them. Do an online search to see if you can find any written reviews about the lawyer, or the law firm they work with.
5. Interview them
On the first visit to the office of the attorney you are essentially interviewing them for a job. You want to go to this meeting prepared to conduct a thorough interview. Take a small tablet and write down all of the pertinent questions that you want to ask them and carry this tablet with you to the consultation.
6. Listen to your gut
Your gut will let you know when you have found the right person for the job. You will feel confident in the choice you are making. If you feel uneasy about hiring the attorney then your gut is trying to tell you that your subconscious is aware of something that your conscious might not be acknowledging. Listen to your gut.
Child custody cases, and matters concerning child support, require an attorney that is well educated in the family laws of your jurisdiction. You can get more information from child custody Orange County and child support Orange County.
Wednesday, April 1, 2015
Workers Compensation Attorneys
In this sometimes complex field, an experienced lawyer can make a big difference to an injured worker seeking benefits.
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