The Origin Of Workers' Compensation Laws In The US

The Origin of Workers' Compensation Laws in the US

Characteristics Your Divorce Attorney Should Possess

Divorce can be a long, tedious process and unless you are in mutual agreement with your spouse, you will need the assistance of a divorce attorney. He or she uses family laws to guide you through the process and works hard to ensure that the decisions made in the divorce case are in your favor as much as possible. This makes it very important to select a divorce attorney that you can trust to handle your case with all professionalism. Several characteristics make a good and reliable divorce attorney and they are what you should look for when making your selection.

1. Qualification

It's only by getting relevant training that he will be familiar with divorce and family laws to be able to help your case best way possible. Apart from being trained and qualified he should have a license to practice too. Still under qualification, it is important for him to be a member of relevant law societies and at least have references from senior lawyers, judges, testimonials from previous clients and an impressive practice history.

2. Experience

Academic qualification is not enough. A good divorce attorney should at least have some experience in handling legal cases of all types to be confident enough to handle yours and meet your expectations. One who has handled child custody, property distribution, and alimony as well as divorce cases successfully in the past is better placed to handle your case smoothly. The wider and longer the experience the easier the divorce cases tend to be for them.

3. Communication skills

A divorce attorney can be qualified and experienced, but without proper communication skills, then it will be very hard to settle anything successfully. A reliable one is able to clearly communicate needs, expectations and concerns of the client to the presiding judge and other parties involved in the process. Skillful communication can make a huge difference in a case and can lead to quick settlements of issues that are related to the case easing the process for you.

4. Composure

This is another very important characteristic that your divorce attorney should have to fetch you the results that you expect from your divorce case. Divorce cases can plunge into extreme crisis, but that should not in any way scare the lawyer. A divorce attorney who knows how to maintain composure and calm even in the heated situations will always manage to negotiate or argue the case even if he loses in the end. They should remain professional, regardless of the turn the case takes.

5. Case building skills

The way your divorce attorney builds the divorce case largely determines the results that you are likely to get. Mediation and negotiations are some of the methods he can use to settle asset allocation, but there should be back-plans ready and waiting in case the first approach doesn't work. This is the only way to keep nasty surprises at bay and manage the case appropriately to the end.

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The Consequences Of Not Paying Child Support

A court orders the remittance of child support, making this a binding directive that you must follow. Although situations can arise that make it difficult to make ends meet financially, it's never advisable to fall behind with these payments. Before you make a decision that could have serious consequences, learn the risks you face.

Possible Court Actions

The court could take action against you if you cease regular payments. One possible outcome could be a contempt of court filing. If this happens, a court date will be scheduled, and you will need to appear before a judge to address the late payments. Failure to appear could result in a warrant for your arrest. During your appearance, you may need to demonstrate to the court that your finances have not allowed you to make your payments. This could require proof of income and employment or  unemployment dates.

The court could also proceed with a criminal charge of nonsupport. The custodial parent who should be receiving the funds could file a complaint that sets this process in motion. If this happens, you could face fines and even time in jail for not making your child support payments. These cases are typically tried by the district attorney of your county.

Child Support Lien

A lien of this type places a hold on any property you own, including cars or land. No court proceeding is necessary to complete this process, because it typically occurs administratively. Many states have specific dollar amounts in place to enact liens when the past-due amount reaches this point. For example, if your state has a past-due limit of $500, a lien would be placed on your car or your house when your past-due payments reach this dollar amount.

You will receive a notice of the lien in the mail telling you the amount and the effective date. The lien will remain in place until you bring your payments back to current. Once you satisfy the past-due amount, you will need to get a release document to cancel the hold on your property. Be aware that these holds are reported to the major credit bureaus. Consequently, your credit can be negatively affected by your lack of remittance, which means you might not be able to secure financing if you request a loan.

Garnishment of Wages

A court could order the garnishment of wages or other financial benefits to which you are entitled. This could include your paycheck, a tax refund, pensions, insurance settlements, and lottery winnings. If you have a bank account balance, mutual funds, or IRAs with a balance above a specific amount, a court could order seizure to satisfy the past-due amount.

Loss of Driving Privileges

Many states enforce an administrative loss of driving privileges for people who do not make timely child support payments. If this happens, you will not be able to renew your driver's license, and you could have your current license revoked so that you cannot drive lawfully in your state, both occupationally and personally.

Always call your local child support agency if financial problems prevent you from making payments. It's likely that you will be able to work out a plan to avoid court proceedings and liens.

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What Is The Latest Research On The Effects Of Divorce On Children?

What is the latest research on the effects of divorce on children?

Read the transcript of this video below.

It used to be that we thought “divorce” itself was responsible for the negative psychological effects on children. Spouses stayed together “for the sake of the children”. Now we know differently. After years of studying the impact of divorce on children, we have discovered that it is the CONFLICT between the parents, not the divorce per se, that is so emotionally traumatic for children.

So, it is not better to “stay together for the sake of the children” if there is conflict between you and your spouse. When Mom and Dad are in conflict, children are confused about whether they can love both Mom and Dad. In their minds, if Mom doesn’t like Dad, then the child doesn’t think it is okay to love both Mom and Dad.

The child, therefore, feels the need to pick the “good guy” in the divorce, which leaves the other parent as the “bad guy”. The long-term effects of a child choosing one parent as the “bad guy” is that the child begins a life-long distrust of that sex. So, if they pick Mom as the “bad guy”, they don’t trust women. This distrust of one sex lasts long into the child’s adulthood and interferes with their ability to form trusting, long lasting relationships in the future. It can even doom them from having a successful marriage when they grow up.

I am sure this is not the legacy my clients want to leave for their children. They just don’t know that their conflict with their spouse has such a devastating impact on their children. Once they know how harmful conflict is to their children’s development, they can choose to love their children more than they hate their spouse.

Separation And Security Through Family Law

Going through with a divorce is one of the most difficult decisions a couple can make. Not only is it emotionally draining, but dealing with family law can also be an expensive and confusing process. Many people are unsure about the first steps to take when they're ready to separate legally from their partner, but if a separation really is the healthiest option, then there are a few things you should make sure you do to prepare.

Copy Your Documents

Go through your records and make copies of everything important, like tax returns, bank statements, insurance policies, mortgage documents, credit card statements, automobile titles, wills, etc. Scan these documents and preserve them digitally if you can.

Inventory Your Possessions

When it's time to split up the property, you'll want to make sure you're aware of everything you're splitting up. Create a list of valuables, and don't forget to include anything that might be in storage or in a safe deposit box.

Be Realistic About Your Earning Potential

In many marriages, one spouse ends up staying out of work for a while to hold down the fort at home. If this is the case, it may be difficult to get back into a job. You might consider furthering your education.

Be Aware of Your Own Credit History

Make sure you have credit cards in your name and that you know your credit score. If you have poor credit history, try to start building it up as soon as you can.

Know How Much Your Spouse Earns

If your spouse has a salary, look at pay stubs. If he or she owns a business, is self-employed, or earns a living in cash, do your best to keep an idea of how much money is coming in.

Consult a Family Attorney

Family law can be overwhelming. Make sure you understand your legal rights and responsibilities, and don't hesitate to ask a lawyer before making any kind of move.

Make Your Kids Your Top Priority

It's often easy to overlook your children during a separation, but a divorce can be traumatic for your kids. Try to keep their routine as normal as possible, and do your best to avoid fighting with your spouse in front of them. If it's impossible to be around each other, set up a schedule of separate times for each of you to be with the children. Do not say bad things about your spouse to your children, and try to remain as active in their lives as you can be. Take care of yourself, but don't neglect your kids in the process.

Separating from your spouse is one of the hardest decisions you'll ever have to make, and it's a decision that shouldn't be rushed, but sometimes a divorce really is the healthiest option for you and your family. If that is the case, try not to be too bogged down by the logistics of family law, and do what you need to do to make sure you and your children are comfortable.

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Were You Hurt At Work? Hire A Workers Compensation Law Firm Today!

People are injured or become sick while at work everyday. Each year 3 million people in the United States are injured or become sick from their workplace. Many of these people do not understand their  rights as an injured person. Many of them accept far too little in workers compensation or simply accept that their claim has been denied and suffer because of it. In other cases a workers compensation claim takes a lifetime to become approved. Sadly some injured workers never even file a claim.

This is why workers compensation law firms are so valuable. Your claim may be deferred because of an incomplete filing. Law firms understand the legalities surrounding filing a claim. They know what paper work needs to be completed and when and they have the knowledge to communicate in a way that will get your claim settled faster.

When you hire a workers compensation law firm your case will be settled in one of two ways.

1. Go To Court

In the event that you are unsatisfied the compensation your received and believe you deserve better or if your claim was denied it will be best to take your case to court. You will work with your attorneys to gather evidence of the incident and prepare the case that you will present before a judge. If the judge sides with you then you will be awarded weekly compensation for your injuries. This money will cover your medical expenses, lost wages and other costs associated with the injuries. If they judge does not side with you then you can work with your attorneys to appeal the case.

2. Settlement

The other solution that your attorneys will explore is a settlement. In order to reach a settlement both sides have to agree upon the monetary value of your injuries based on the necessary medical treatment and lost wages. You and your employer will agree to the amount by signing documents that  will then be presented to a judge from the workers compensation commission. It is important to be very happy with the settlement amount because as soon as it is approved by a judge than you can not ask your employer for any additional benefits or compensation.

The importance of getting adequate legal help after a workplace injury is exponential. For example, some workplace injuries alter your ability to continue working in the field. This can be true for farmers, construction workers, police and firemen. If an injury prevents them from doing the job they have trained to do and from receiving future promotions then they need to be compensated correctly.

A work place injury can be very stressful. In fact, it can cause depression. It is important to get a workers compensation attorney working for you to help you see things clearly during this difficult time and to make sure you are taken care of in the future.

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Is A QDRO Always Required In A Divorce?

For many divorcing couples, retirement plans make up the majority of the marital estate. While some couples can agree to simply "each keep their own" in the asset division, for many other spouses a division of one of the accounts is necessary to ensure a fair distribution of marital assets.

When division of a retirement asset is required in a divorce, many people are unsure how to proceed. They may have heard the term Qualified Domestic Relations Order (QDRO), but have no idea if or how it applies to their situation. This lack of knowledge often leads to errors that can end up costing them more money in the long run.

This is why it is important to understand early on what type of retirement accounts exist. Once you know what type of accounts are in play, you can assess whether a QDRO - or a different, similar order - is required. You will also better understand the most effective way to distribute the assets in the final property division settlement.

Individual Retirement Account (IRA) - Since IRAs are not subject to ERISA, a QDRO is not required to divide this type of account. Pursuant to 26 U.S.C.A. §408(d)(6), a transfer from an IRA can be made to a spouse or former pursuant to a decree of divorce or a written instrument incident to a divorce. This written instrument can be either a separation agreement or divorce decree. In most cases, a letter of instruction and copy of the Final Judgment/Settlement Agreement should be enough to transfer money from the IRA.

Non-Qualified Plans - There are numerous types of retirement assets that cannot be divided in a divorce. Non-qualified plans fall outside the purview of ERISA and are not subject to division via QDRO (or usually any other means). These plans usually have names that include words like Supplemental, Excess Benefit, SERP or even Non-Qualified, and are offered to key, high-ranking employees as a means of providing additional retirement benefits beyond those allowed under ERISA. The language of many of these plans specifically preclude payments to anyone other than the employee, and no court order can change this.

Non-ERISA and Government Retirement Plans - ERISA specifically excludes any federal government retirement plans. While these accounts are divisible, it is done with a document other than a true QDRO. While the name QDRO may be used generically to refer to any order related to retirement account division, government plans each have their own mechanisms for division and it is important to understand each. You can learn more about these plans at www.tsp.gov and www.opm.gov. Rules governing state and local government plans vary by state, so it is important to familiarize yourself with the rules specific to your jurisdiction.

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