Category Archives: Law

Why Couples Should Consider Wills and Estate-Planning

Couple Talking to a Lawyer

With high hopes of having same-sex marriage legalised in Australia, there is an expected wedding boom as same-sex couples celebrate their rights. For many same-sex couples with families, it’s about time to make their union legal; but it’s not just wedding inquiries that should be seeing high demand. It’s also time to prepare a new will.

Anything Can Happen

You could get married to the love of your life, or you could remain committed and start a family. Nothing is certain, but one thing you can do is to talk to your lawyer in Townsville about wills so that everything is taken care of in any circumstance. The will should be specific about your wishes, to ensure that your estate benefits those you love dearly, whether or not the new marriage bill passes or not.

Changes Can Always Be Made

It’s not too early to prepare a will. It’s a precaution, and should things change in your life, you can always have it revised to suit your situation. For many couples, births, adoptions, and even deaths are reason enough to change their will. There are also other situations that may warrant a change, so you should always be in contact with your estate lawyer.

You Want the Estate in Good Hands

If you have a significant estate, it takes effort, money, and time to keep things under control. You need to name an executor who will make sure that your will and trust are followed. They take care of everything when you are unable, so make sure you think about estate planning and your chosen executor carefully.

Estate planning is essential for anyone who wants to make sure their family and loved ones will enjoy the fruits of their labour. There is nothing certain about many things, but you can make certain that your loved ones are in good hands.

How Child Support Payments are Fixed

Child support with money and a gavelWhen there is a divorce or the parents separate, the court grants custody of the children to one parent. The parent who has custody has the right to request for child support payments. If you live in Colorado, the state’s family court will make a decision on the payment and the amount to be paid by the other parent.

To ensure successful process, you must work with a lawyer who can handle divorce, child custody, child support, and other family law cases. Shaynelaw.com provides information about child support.

Determining the child support

The family court will calculate the amount to be paid by the non-custodial parent after considering several factors and the child support guidelines. The first factor is the income of both parents. The parents should submit all the relevant papers to the court. Only a percentage of the income is expected to be paid as child support. The parental responsibility is the second factor and the number of children to be supported is the third important aspect. The higher the number of children, the higher the child custody payment would be.

Child support and tax matters

Child support payments can be considered as tax deductibles by the custodial parent. This payment cannot be applied for tax by the paying or non-custodial parent, too. The paternity is also considered, especially if there are stepparents involved. If there is joint custody, then the time spent in each of the homes is considered before determining the amount.

The procedure used to calculate and decide the amount needed for child support is done on a case-to-case basis. Remember that all the papers needed by the court should be submitted in an organized way. If you are having a problem complying with any document or requirement, consult an experienced child support lawyer in your area.

Legal Ace: The Job of Nurse Consultants

Legal nurse consultant workingBeing a lawyer is a complex job. For this reason, numerous legal professionals work hard to gain aces on their sleeves, especially for sensitive and difficult cases. Despite their expertise, it helps to have another hand on board.

Lawyers dealing with medical and personal injury cases require assistance from individuals knowledgeable in the field. While consulting with doctor friends, helps, they keep certified legal nurse consultant or CLNC’s close as well. These nursing consultants, who are different from paralegals, can help the legal professional by offering credible medical record analysis of their clients or of other individuals involved in the case.

Certified legal nurse consultants

These medical professionals are registered nurses who have completed courses that tackle different legal elements in a medical court case. Certified legal nurse consultants do not work in a similar fashion as lawyers. Instead, they function as skilled medical nurses that offer expertise in medical-related concerns. They use their knowledge and experience to interpret patient’s records, charts, health care practices, medical procedures, standards of nursing practices, and omissions, if any. They then present their analysis to the lawyers.

They help provide useful insights

Lawyers benefit a great deal from the nursing consultant’s insight. If it is a medical negligence case, the legal nursing consultant offers a bigger picture, providing detailed analysis on what could’ve happened during the procedure. They also offer insight on matters related to home health care, mental health care, clinical operations, forensic environment, surgery, and various facets of the pathology department.

Their biggest contribution

Nurses generally prepare the chart of all the patients. So they understand all the connotations on these medical records. In the process of providing health care, nurses have special contacts with doctors, nursing supervisors, pharmacists, therapists and other specialists. The legal nurse consultants’ biggest contribution is their ability to interpret the patients’ charts, which is a big help in most cases. They help the legal professional screen the medical records and understand the merits of the case. In the case of personal injury claims, they can help identify non-meritorious or fraudulent claims too.

When it comes to medical cases, a certified legal nurse consultant is a great asset to lawyers. They are the aces needed in acing a case in favor of the lawyers’ clients.

America’s Traffic Death Toll: A Closer Look at Road Crash Statistics

Accident lawyer helping the clientIn the past decade, there have been greater advances in automobile technology. New car models now come with electronic stability systems for skid prevention and rear-view cameras to avoid fender benders.

In spite of the improvements in vehicle safety technology, statistics show that as many as 40,000 people died in motor vehicle crashes alone in 2016. While there has been a significant increase in the number of people seeking a truck accident lawyer in Provo, the nation’s traffic death toll has been a cause for alarm among road safety advocates.

The Rise of Mobile Distractions Behind the Wheel

While cars and smartphones now have advanced voice control and features to help drivers keep their eyes on the road, data suggest that distracted driving is one of the leading causes behind the sudden increase in traffic deaths. Social media apps like Facebook and Snapchat are, in fact, creating new temptations for drivers. Compared to the past decade when drivers would talk on the phone, the use of mobile apps presents an even bigger problem.

Complacency Kills: A Lenient Enforcement of Restrictive Road Measures

Government officials and safety advocates argue that lawmakers have shown leniency in enforcing spending and drunk driving regulations. As a matter of fact, only 18 states have laws that categorize the failure to wear a seat-belt for drivers and passengers as a primary offense. In 15 other states, drivers cannot receive a ticket for failing to wear their seat-belts, unless they commit other violations.

Raising Awareness on Basic Road Safety Issues

While the automobile industry has taken the lead in developing self-driving vehicles that aim to improve safety, consumer advocate Ralph Nader believes that the measurable way to bring down the traffic death toll is to raise awareness on basic road safety issues. Encouraging more occupants to wear seat-belts and enforcing stricter regulations on heavy trucking can go a long way in preventing traffic fatalities.

Vehicular crashes have gone up in the past year. By reminding the public about the dangers of drunk driving or failing to buckle up during a trip, it could spell the difference between a life lost and a life saved.

3 Ways to Protect Your Child During Divorce

Affected Child During DivorceDivorce is always messy for families, especially those with children. The situation always affects kids, regardless of age. Here are some ways on how to protect your child during this difficult time.

Lewis & Matthews, P.C. suggests that you consider these tips when you’re working with your family lawyer in Denver.

Keep Your Children Away From Conflict

The first thing you need to do is keep your children away from conflicts and disputes, especially face-to-face arguments. As much as possible, do not fight in front of your children. You may not see it yet, but divorce leaves a mark on children. Some are able to outgrow and get past it, but some can also be scarred for life.

As Much as Possible, Keep a United Front

Even after the ink has dried on the divorce papers, it’s important to keep a united front for your children. Be there for school activities and other events that require your presence. Stay involved in their lives even if you need to comply with the custody rules. And if you are moving on with a new partner, do not keep your children away from their biological parent, especially if your ex-spouse still exerts effort to be part of their lives.

Do Not Disrupt Your Kid’s Routines

It’s important for both parents to try not to disrupt their children’s routines. Change is inevitable, but for small children, it can be so traumatic. You must create a plan on how to move forward as “separated” parents to their children.

While a divorce is between two adults, children are often dragged into it, and they end up the most affected. Consider these tips if you’re going through this tough time. May it help you and your ex-partner protect your children from the negative and life-long impact of divorce.

Workplace Conflict: Mediation VS Arbitration

Arguing Business Colleagues in an OfficeConflict is one of the many unavoidable and common sources of workplace issues. Different people simply have different attitudes and expectations about a lot of different ideas and objects, and conflict is almost always the result of this never-ending list of differences.

Conflict resolution has become such a crucial part of any office employee that most companies use it as a basis for hiring. But what do you do when a workplace conflict, especially between an employee and an employer becomes serious enough that legal intervention is required?

Well, don’t go scrambling for the courtroom just yet. Here are a few alternatives that might help you out.

Arbitration

When it comes to conflict resolution especially for smaller parties or individuals, mediation and arbitration are alternatives to litigation, which we all want to avoid. In arbitration, a neutral third party serves as an arbiter between the two sides involved and takes witness accounts, factual evidence and other courtroom requirements to make a legally binding resolution.

While this third party is rarely an actual judge, his or her decisions are often final. It helps everyone involved by putting the burden of the decision on an uninterested party to reach a fair judgment.

Mediation

Mediation is similar to arbitration in that they do not require a courtroom and a judge. The difference between the two is that instead of a neutral third party providing a decision, a mediator often facilitates a healthy discussion between the parties involved until they reach an agreement that satisfies both parties.

For conflict resolutions in the workplace, company lawyers often stand as mediators for aggrieved employees seeking some compensation from guilty employers, to avoid the draining and time-consuming processes of litigation.

As always, it’s best to avoid conflicts even before they happen and this can be achieved with a positive and healthy communication channel between all parties involved. But for scenarios that are just too serious, consider these alternatives to reach a peaceful and satisfying resolution to the conflict.

Is Your Loved One Charged with Illegal Possession of Firearm in NC? Here’s What You Should Know

Illegal Possession of FirearmEvery citizen has the right to bear arms, according to the United States Constitution. This doesn’t mean, however, that there are no limitations on that right. As a matter of fact, each state has certain laws on possession of firearms and a violation of these rules come with serious penalties. Thus, getting a phone call from a family member in jail for weapon charges is never good news.

If your loved one resides in North Carolina, here are the things you should know about the state’s gun laws:

Class 2 Misdemeanor

In North Carolina, anyone who carries a concealed weapon such as brass knuckles, bowie knives, stun gun, and other firearms without a permit can be charged with illegal possession of firearms. It is a Class 2 misdemeanor punishable by one to six months in jail. But, if your loved one was caught while he or she is on any school property, they could be facing felony charges.

Bailable Offense

As long as the charges are Class 2 misdemeanor, you can post bail to help your loved one get out of jail while awaiting trial.  Bail, however, often comes at an expensive price. What you can do is to look for a reliable bail bondsman in Greenville, NC, who can pay the bail on your loved one’s behalf and assist you with the process.

Possible Defenses

With the help of a trusted lawyer, your loved one can beat the charge with several defenses. Your side may argue that the weapon was not, in fact, a firearm, the weapon possession was for legitimate use, or that the defendant did not use the weapon illegally. 

These are some of the key information you need to know so you can help your loved one get through this ordeal with just minimal consequences. But remember, other factors such as drugs and alcohol may worsen the charges or bail and possibly weaken your defenses.

Legally an Adult, Still a Child of Divorce: The Rules and Your 18-Year-Old

A Teenager Affected by DivorceThe effect of divorce chooses no age – everyone’s affected by it.

When the separation occurs during childhood, the kids have more years to adjust to the idea of step-parents, two homes, and other new things that come with their new life. Life may never be completely normal, but they eventually find their pace.

Your kid might be finally discovering the balance in their new life when suddenly, they turn 18.

Not only does your child finally turn into an adult, but they also have to learn a whole new set of rules concerning the divorce. Ignoring it might be the easiest solution, but most of Colorado Springs’ family law attorneys do not recommend doing so.

The Big 1-8: Legally an Adult, Still a Child

18 is a child’s entryway towards adulthood, but most parents know that 18-year-olds are still children at heart. They have the capability to vote or sign contracts, but their mindset continues to mature. They will most likely still require guidance.

It is a tricky time for parents as their kids scramble towards their self-declared wisdom. They still need parental time and attention, despite their claims for independence.

How do the previous rules of divorce affect a child who just turned 18?

Divorce Rules for the 18-Year-Old

If your child reaches 18 in the middle of a school year and still lives in your house, they are still under your authority. Technically, 18-year-olds can leave school under their own power, but authorities still see them as students – answerable to their parents in numerous ways.

As the adage goes, as long as they live under your roof, the rules still apply to them.

Regarding visitation, however, new adults now have the choice to resist the back-and-forth setup of divorce. If they refuse to be part of the divorce drama, they have a say in it. While the younger siblings remain bound to this rule, your 18-year-old now has the right to say no.

Child support still applies to them, despite no longer being a minor. As long as they are in school, kids may expect support from parents.

Your child reaching the adult age presents new challenges. The routines post-divorce will still apply, but change happens. It’s best to face them head on with respect and communication.

Did the Neighbor’s Dog Bite You? Here’s What You Need to Know about New York’s Dog Bite Law

Dog BitesNo matter how you love dogs, it’s hard to deal with dog bites. Medically speaking, you have to undergo a series of vaccinations — and that’s painful enough. It’s even more difficult if you need to file a personal injury claim against the owner of the dog to recover damages. To help you in this legal matter, here’s a quick overview of the dog bite law in New York:

Strict Liability

In New York, the law states the pet owners have strict liability for the damages and injuries their pets may cause. If the pet has been declared as dangerous, its owner is responsible for any injury it may cause regardless of circumstances. Even if the dog wasn’t declared dangerous, dog bites give you the right to sue the owner and recover medical costs from them.

Recoverable Damages

According to Marc J. Bern & Partners and other personal injury attorneys in New York, a dog bite victim who has been injured due to the bite may sue to recover the following expenses:

  • Medical bills, including anti-rabies vaccinations and related expenses.
  • Income lost during the treatment period and any future lost income should you become incapacitated
  • Property damages, if there’s any
  • Emotional trauma, including developing a new fear of dogs (this is more applicable to children who continually experience nightmares after the attack)
  • Loss of consortium, if the injury somehow ruined your relationship with your family

Most dog owners have homeowner’s liability policies that may cover the costs associated with dog bites. If the dog owner has this type of insurance, the insurance provider will be involved in the lawsuit, as well. So to make sure you’re making the right decisions about your dog bite injury, it is best if you hire a New York lawyer familiar with dog bite accidents.

Trump and A Tale of Two Immigrants: the Green Card Holder and the Dual Citizen

green card lawyers in UtahWhen President Donald Trump signed his immigration executive order, confusion arose everywhere – including at airports and the agencies in charge of the implementation of the order.

The entire ordeal posed a dilemma for two groups of people: US green card holders and people with dual citizenships. For the latter, the order poses a more difficult dilemma, especially if they live in Trump nation and are originally from one of the seven “banned” nations, which includes Libya, Iraq, Iran, Yemen, Syria, Somalia, Yemen, or Sudan.

It doesn’t help that Trump’s officials contradict themselves. During his talk with NBS, White House chief of staff Reince Priebus said green card holders are safe from the new law. Eventually, the White House retracted, saying it will, after all, affect them.

Utah is no stranger to this law. As a result, anyone affected immediately rings up their immigration law and green card lawyer in Utah. Just like those affected in other states, they have one question:

What now?

Green Card Holder from a Banned Nation

The initial interpretation of Trump’s order was simple: despite hailing from one of the seven countries, as long as you have a green card, you should be fine. The White House, however, explained again: doesn’t matter if you hold a green card – you’re still barred.

So what are the implications, for a green card holder from a banned nation?

You can board the plane and return to the US without problems. Once you land, officials will collect fingerprints, documents, and other vital information to secure your identity. Through an interview, border agents will judge if you are a national security risk or not. They also have the discretion to thoroughly question travelers from these countries.

A Dual Citizen from a Banned Nation

The law was a point of confusion for people from the black-listed nations, in possession of valid dual passports. Initial guidelines from the State Department declared dual citizenship holders from a banned nation cannot enter the US.

This means an Iraqi traveler with a Canadian passport cannot enter the country.

Trump’s new immigration law has everyone on the edge of their seats, particularly green card holders and dual citizens. One can only hope that in the end, everything works for the best.