A Custodial Parent’s Right to Pursue Legal Action against His/Her Former Spouse who does not Pay Child Support
A Custodial Parent’s Right to Pursue Legal Action against His/Her Former Spouse who does not Pay Child Support
In the U.S., support for a biological child is declared a legal obligation of parents by the Child Support Enforcement Act of 1984. This Act also enumerates the factors that family courts and judges need to consider when resolving child support issues.
This support, which is financial, is intended to cover a child’s basic needs, like food, clothing, shelter, education and health care. Financial support is usually made only until the 18th year of a child; a court, however, may extend it or add to it payment for a child’s further education, summer camps, dental needs and vacations, if the non-custodial parent (or obligor’s) is capable of paying for any, or all, of these. (There is no definite federal ruling regarding the need to support the child for his/her higher education or the need to continue payment of support once the obligor or non-custodial parent dies).
In determining an obligor’s capability to pay, as well as the amount of the regular financial support, the court considers the following factors:
- Age and needs of the child;
- Cost of the child’s needs;
- Parent’s living expenses and the family’s living standard prior to the divorce; and,
- Parents’ capacity to pay child support. This last factor is usually based on parents’ income, which includes salary, commissions, workers’ compensation benefits, dividends, unemployment benefits, bank account, and so forth.
A child support court decision or agreement is a legal matter, thus, the spouses, especially the non-custodial parent, will have to religiously pay it or suffer contempt of court and face legal punishments, such as fines and imprisonment. (The obligor or even the obligee, custodial parent, can request the court to make changes in the amount of support, though, if their financial circumstances change).
It is explained by The Maynard Law Firm, PLLC, that “Custodial parents can take legal action to enforce every aspect of the child support Order if the child support Obligor fails to provide the financial support he or she is supposed to pay under the terms of the Order. As difficult as it may be for you to take the child support Obligor to court, there is a good chance this may be the only way for you get the child support you are entitled to receive. That being said, you can seek legal assistance from a child support attorney who may be able to help form a take legal action to pursue every payment the child support Obligor has failed to provide.”
If a car or any vehicle moves directly in front of a semi-trailer or 18-wheeler, much more a loaded one, and slows down, the semi-trailer will not be able to slow down or stop immediately and would most likely crash into the vehicle that cut in front of it instead. This is because a loaded truck requires more stopping distance than a car. Compared to a light pickup or an ordinary passenger car which, at the speed of 65 mph, will require about 316 feet before coming to a full stop, an 18-wheeler will take 525 feet to stop fully. This longer stopping distance and other factors, which make big rigs threats on the road, are the reasons why it is very necessary that truck drivers are fully trained, licensed, not feeling fatigued or sleepy, and totally sober and focused on the road whenever behind the wheel, besides the fact that their truck’s braking system is in very good operating condition.
This longer stopping distance plus other factors, such as a truck’s length, size and weight, which make them threats on the road, are the reasons why it is very necessary that truck drivers are fully trained, licensed, not feeling fatigued or sleepy, and totally sober and focused on the road whenever behind the wheel. However, as shown in a number of studies, many truck drivers have been found alcohol-impaired or high on drugs while driving – a very serious traffic violation due to the high risk of injury they put themselves and, especially, other motorists in.
Part of the Federal Motor Carrier Safety Administration‘s (FMCSA’s) safety program is mandatory random drug and alcohol testing of truckers. Just 1% of all tested drivers prove positive for alcohol, a very big margin from the 12.5% found by a Brazilian university international study. While there are differences in methodology and testing procedures, suspected reasons for the large discrepancy include: avoidance of the tests by truckers who drink and drive; and some trucking companies assisting intoxicated truckers to avoid the tests, while some hide the results. Some drivers, known as “job-hoppers,” on the other hand, go to a new trucking company, after failing an alcohol test and getting fired, but without informing the new trucking firm of their dismissal from their previous employment.
The blood alcohol concentration (BAC) limit for drivers of passenger cars is 0.08%; for truck drivers, however, the limit is much lower: 0.04%. Semi-truck drivers operating their truck despite a 0.04% BAC can result to DUI, while if caught with a 0.02%BAC, they can be suspended from operating their truck for a total of 24 hours.
While many truck drivers and trucking companies do everything they can to stay safe on the roadway, the sad reality is that not everyone exercises this level of caution, putting unsuspecting motorists in harm’s way. Drivers forced to exceed the set hours of service restrictions, drivers who abuse alcohol and/or amphetamines while behind the wheel, or drivers/companies that fail to keep their trucks in good working order regularly expose everyone on the road to serious risks.
Those who are injured by an 18-wheeler will definitely need experienced legal representation in whatever legal action they may pursue against those responsible for their unnecessary suffering.
Your loved one can experience different kinds of abuse inside nursing homes, and you may not be there to defend him or her. Your loved one can suffer emotional abuse, psychological abuse, and the most common abuse of all, physical abuse.
Physical abuse is very easy to detect, because most of the time the abuse leaves physical marks like unexplained bites, burns, scratches, and other wounds. There are instances where other patients are involved, but most of the time, the elder mistreatment in nursing homes is done by the medical staff.
The abuse can be intentional or not, but it does not change the fact that it can have a physical toll on your loved one. Intentional physical abuse can be caused by the medical staff’s frustration. They kick, slap, and shove their patients who do not cooperate. The use of excessive force to restrain their patient is also common.
As your loved one ages, he or she becomes more and more vulnerable to physical abuse because of the frailty of the human body, so these uses of excessive force can cause more damage than you think.
Unintentional physical abuse is mostly caused by structural issues in the nursing home. Maybe it is understaffed, giving more stress and frustration to the employees. The employees have the tendency to channel the stress and frustration toward the patients. There are also cases where unintentional physical abuse has been caused by the lack of training of the medical staff.
At the end of the day, it doesn’t matter if the physical abuse is intentional or not. It can cause bodily injury, physical pain, or outright impairment. The victim may also be vulnerable to emotional and psychological issues.
If your loved one has sudden changes in attitude, he or she may be experiencing some form of abuse. Take a look around and search for signs. Does the nursing home look understaffed? Does it look like it does not have sufficient facilities to cater to patient needs? Does your loved one have unexplained injuries?
To easily detect intentional and unintentional physical abuse, visit your loved one often and look for these signs. After all, not all elders can say to you directly that they are experiencing abuse because of their physical limitations. So, it is you who have to be assertive to detect abuses and prevent them from happening.
In 2004, about 12,166 were arrested due to cocaine and based on studies, one in every four Americans aged between 26 and 34 has admitted to using cocaine sometime in their lives.
The statistics above partly reveals how much cocaine is widely used in the U.S. In fact, aside from being the second most popular illegal recreational drug in the United States (the first is marijuana), it is also now approved for medicinal purposes. In spite of its medicinal properties, however, thousands of Americans are given emergency medical treatment due to cocaine overdose, making cocaine use an addiction that needs to be treated and stopped as fast as possible.
In its website, the Orlando Hypnosis Clinic asks, however, why people, who have been arrested or are undergoing rehabilitation due to cocaine use, keep on going back to using this recreational drug (even while still in prison or right after rehab treatment). While not dismissing the efforts of doctors and others who work hard in helping people cope with their cocaine addiction, the process of treatment may just not be the right and needed process. This is because addiction to drugs, as explained by hypnotherapists, is just a quick and easy way to change ordinary, everyday reality from unbearable to bearable, so that people who are dependent are merely using these illegal substances, which allows them to experience a tremendous euphoric emotion, as some sort of a crutch to get through the day. Drug addiction is not the real problem that has to be addressed for it is just an outlet or a result of something else.
Different from medical treatment or attendance to meetings (help groups) for no one knows how long one has to attend, hypnotherapists rather offer a treatment that will address the real roots of the problem – the factors that led a person to trying cocaine, and to trying it again and again and again until he/she becomes addicted to it.
Through an addiction recovery program via hypnotherapy, a person will be made to realize what led him/her to the addiction, solving the whole problem. After treatment, he/she may expect to remain drug free and be able to finally enjoy life as he/she has always wanted.
States usually differ in practice and basic requirement when it comes to divorce. One difference is the basis for the filing of divorce. A total of 17 states, which include California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington and Wisconsin do not necessitate a spouse filing for divorce to have a strong, valid ground why he/she wants to have his/her marriage terminated. All a petitioner needs to place or check in the petition for divorce form is due to irreconcilable marriage. Though he/she may have a spouse who is adulterous, has been convicted of felony or guilty of domestic abuse, including any or all of these in the petition for divorce form will have no bearing since the above 17 states are no fault divorce states.
The state of Texas, though, like all the remaining other 33 states used to strictly adhere to citing grounds for divorce. Recently, however, all 33 states have started recognizing the no fault practice, making filing for divorce easier for couples whose differences are no longer workable.
To properly guide petitioners, states have their own set of rules and guidelines which are aimed at directing spouses through the process of divorce. In the state of Texas, specifically, these rules and guidelines include:
- Residency requirements;
- Ground for divorce (for no fault divorce, citing insupportable differences is enough, while for fault divorce, grounds may be cruelty, adultery, conviction of felony, abandonment for at least one year, living apart for at least three years without cohabitation, or confinement in a mental hospital for at least three years);
- Filing the Petition for Divorce document; and,
- The Petitioner sending his/her former spouse (the Respondent) a legal notice of the petition;
The Respondent has 21 days within which to file an Answer or contest the divorce; if no Answer is filed, then the case is a default. This would allow the judge to decide on the divorce case even without the Respondent.
Divorce, whether fault or no fault will always be an emotionally contested issue between spouses – add to these trying to reach a settlement on all other related issues, which include child conservatorship, visitation rights, child support, spousal support and division of assets and properties. Making the divorce process a bearable experience, as well as to help spouses arrive at a fair settlement and to keep their case out of courts is the reason why there are divorce lawyers and law firms, like the Kirker Davis, LLP for instance, dealing with this emotionally burdening issue.
Finding the best car insurance deal can be a breeze nowadays thanks to the Internet. Given the proliferation of companies offering car insurance, all it takes is some resourcefulness and creativity and you are on your way to getting the best deal on your car insurance. According to the website of Karlin, Fleisher & Falkenberg, many insurance providers utilize the latest technology to ensure that their clients will get the best price for the coverage that they need.
With the cost of car insurance increasing over the years, it is important to find the insurance premium that suits your requirements and needs. Getting the right insurance can save you thousands of dollars. But how do you know that you are indeed getting the best deal on your car insurance? Read on and find out how to make the most out of auto insurance.
1. Reduce your risk. There are several ways you can reduce your insurance risks and lower the price of your car insurance.One way is to add security features to your car such as an alarm or an immobiliser. Likewise, you can opt for an average model car for lower premiums. Newer and more expensive cars will entail higher premium rates. So if you cannot afford to pay much on car insurance, go for an inexpensive car.
2. Don’t pay for what you don’t need. Some insurance companies will try to sell add-ons such as coverage for legal expenses or car breakdown. Some banks may include these features on their coverage or may get them at a cheaper price or you may need not them at all. So look only for what you need.
3. Shop around. When buying car insurance, make a comparison of various offers from several providers and then narrow them down to one or two. You can compare their price as well as customer reviews before making a decision.
4. Read the fine print. Before signing the policy, read first the terms and conditions. Check if you are getting the right coverage.
5. Ask for a discount.There are instances when insurance companies will offer several discounts so take advantage of them. For instance, if you are more than 55 years old, you could lower your insurance rate by 10 percent by passing as defensive driving course. There are also pay-as-you drive discounts where the premiums are tied to the annual mileage.
The best insurance deal is the one that is suited to your budget and need. Just follow these tips and you can look forward to getting the right insurance for your car.
Dogs are an important element of many American homes. Using their playful mindsets and agreeable dispositions, it is not surprising that thousands of men and women in the U.S. consider their treasured pets as part of the family. Dogs make great companions. However, in spite of their outlooks that are wonderful, there are moments when dogs easily turn competitive and become scared or triggered. When this occurs, the beloved mutt of a household can be a hazard to their neighbors’ health and safety.
About a year back, of the way in which a young lad from CA was attacked by their neighbour’s puppy news, became broadly spread. Footage revealing the episode became viral because the cat of the family was not unable to successfully drive the aggressive dog away and conserve the 4-year-old from more severe harms. Regrettably, not all kids are preserved from dog attacks in precisely the same way. In reality, as stated by the Centers for Disease Control and Prevention, many dog-bite victims are kids. Because children in many cases are not able to understand a dog’s body language and reactions, they don’t become aware of when it’s moment to stay clear of an already aggressive or threatened puppy.
Parents may shield their youngsters from assaults by making certain they are properly monitored when playing outside, or when they’re near or interacting with canines. It’s also important that parents teach their kids some security precautions which can help them avoid trauma. The American Society for the Prevention of Cruelty to Animals provide several suggestions that will help to keep kids safe from dog attacks. One of the most important tips children provide will be to be sure that your kid understands the potential danger of stroking or nearing an alley cat, a dog that’s off its tether, or stranger’s canine without authorization.
Despite these safeguards, the liability for a dog’s aggressive conduct fundamentally rests on its owner. All pet owners should make certain that their puppies are properly educated. The owner also has to make sure their dogs are properly included within their own belongings, and that visitors with their dwellings are free of damage. As pointed out from Law Office of Charles D. Hankey‘s website – the legal practice, dog attacks caused inside the house or an individual’s residence can be viewed as a premises liability case and could deserve the victim compensation through proper legal channels.
Spinal cord injuries are very grave medical conditions, causing long-term consequences that can seriously affect a person’s quality of life. This is because the spinal cord is vital to a number of the body’s most basic functions, given that it is a central part of the body’s nervous system. Any damage to this critical bundle of nerve tissues and cells are sure to cause significant issues with an individual’s sensory, automatic and motor abilities.
Data from the National Spinal Cord Injury Statistical Center notes that about 276,000 people are currently living with the aforementioned condition in the United States. On the average, most spinal cord injury or SCI patients are aged 42 and are mostly male. Most of these recorded cases were caused by devastating accidents such as vehicular crashes and physical assault. Spinal cord injuries are also common after slip and fall accidents and rough play in contact sports.
According to the website of the Jeff Sampson Law Firm, individuals that survive tragic accidents with spinal cord injuries may end up with temporary or permanent disability. Patients that have suffered some degree of injury to their vital spinal cord injury are likely to experience difficulty with their compromised functions and abilities. Quadriplegia and paraplegia are primary concerns. The first term refers to total paralysis, where a patient loses function and control of their torso and their upper and lower extremities. The damage to their spinal cord is much higher, affecting which areas become debilitated. The second term refers to partial paralysis, where a patient loses control and function only to their lower extremities.
Aside from the physical constraints by spinal cord injuries, patients also commonly deal with emotional and psychological consequences as well. The trauma of having experienced a catastrophic accident and being left paralyzed by the incident can unsurprisingly cause a lot of strain to a person’s mental state and well-being.
While many accidents are due to a person’s own carelessness, many more are caused by other people who choose to act recklessly or negligently – types of behavior that make accidents totally preventable. On its website, the Law Offices of Crowe & Mulvey, LLC, points out the fundamental duty of every American to act only in ways that will never endanger anyone. The firm also makes clear that, under the law, those who choose to act without regard for others’ safety and cause injury along the way can very well be recipients of a civil lawsuit to enable their innocent victim/s (or the victims’ families) to seek and receive compensation from them: a right recognized and granted by the law.
There are many different types of accident-causing injuries which can happen to any person in any place. These include: accidents involving motor vehicles, including cars, trucks and motorcycles; pedestrian accidents; bicycle accidents; injury due to the use of defective products; slip and fall accidents, job-related accidents, occupational exposure to dangerous substances or conditions, injuries due to dental or medical malpractice, plane accident, cruise ship accident; and so forth. The harm that any of these accidents can cause differs; it could be a mild scratch or something serious, such as fractured bones, amputated limb, head injury, spinal cord injury, injury to internal organs, etc. Among the most serious harms that any accident can cause, though, besides permanent total disability, is wrongful death.
Wrongful death is the loss of a person’s life due either to the willful misconduct or negligence of another. While a lawsuit may be filed for the purpose of pursuing justice, this legal action is primarily for the benefit of the surviving family members and the decedent’s other dependents (legally known as “real parties in interest”). Called a wrongful death claim, this special kind of personal injury lawsuit is intended to seek compensation for whatever pecuniary, or financial, damages the qualified dependents may suffer, including loss of financial support due to the death of the victim, loss of the dead victim’s services, medical and funeral expenses, and lost prospect of inheritance.
A wrongful death lawsuit must have the following elements in order to be successful:
- The death of a person due to someone else’s negligence or willful misconduct
- Monetary injury suffered by the surviving family members due to the victim’s death
- An appointed personal representative for the decedent’s surviving dependents (this person can be a lawyer or a member of the family of the deceased)
The damages that may be considered compensable, the requirements or conditions to be recognized as a qualified plaintiff, and the statutory limit for the filing of the suit, may differ from one state to another. Due to the differences in state requirements, on top of the complexity of the tort law, it is best for the family to get in touch with a highly- qualified personal injury lawyer.
The website of Ben White Mini Storage suggests you utilize all of the space that you have in a storage unit, but this idea can be applied to your own home as well. Sometimes your living area is not big enough to fit all of the items you need on a consistent basis, but if you follow a few simple storage tips, you can save a significant amount of space for your necessities.
Fit as much under your bed as possible. If you have a typical bed frame, you can store smaller boxes and drawers underneath your bed and fill them with clothes or supplies. If your frame allows you to loft your bed, you can put a piece of furniture – like a desk or a drawer – below the bed. You can even use extensions for the feet of the bed, making it sit higher but also allowing more room underneath.
Shoe racks save an unbelievable amount of space in your closet. Because we consistently put shoes on and take them off, they tend to be disorganized and scattered. With a shoe rack, you have no choice but to be organized, and because shoe racks tend to build up instead of out, your closet floor with have more room for other miscellaneous items.
If do-it-yourself projects interest you, you might want to consider making a shelf that attaches to a corner wall. These shelves are great for decorative items that you love but cannot fit on your coffee table.
Bathrooms tend to get cluttered with bottles, appliances, and products that are no longer relevant. Although this is relevant to each room in your home, make sure you have a good spring cleaning for your bathroom especially. You will find that you do not need three hair straighteners, costume makeup from two Halloweens ago, or that mousse you bought in 2010. Even if you do not identify as a slob or a hoarder, everyone is holding onto something they do not need.