Instances When a Child Support Order May Be Changed

Photo of family

Photo of familyCircumstances in life change and even if your child support order was formally established, you still have a chance to have the details adjusted. Whether you need to have the particulars of the child support order modified for a short while or permanently, there has to be evidence that your circumstances have changed.

Increase in Responsibilities

The requirements of children increase as they age. For instance, some might begin participating in activities such as sports, while others might start wearing braces.

The custodial parent should engage the services of family lawyers in Wellington. They will facilitate your request for more support for the increasing needs of your growing children adequately.

Reduced Income

It is not unusual to find one spouse losing their primary source of income after receiving the child support order. When this happens, the custodial parent might require having the amount of child support as indicated in the initial order reviewed.

Likewise, if the parent who pays the child support is no longer able to fulfill their obligation, they could seek to have the amount reduced.

Increase in Concurrent Obligations

If, for instance, you are the non-custodial parent and you remarry and have more children, it follows that you will have more responsibilities.

You might want to have your child support obligations reduced to sufficiently cater to the needs of your new family. This will help in maintaining a reasonable balance in both homes.

Substantial Increase in Income

You might discover that the parent responsible for paying child support has an increase in income, or they are potential beneficiaries for an inheritance. As such, you have the right to petition for an increase in child support. The percentage increase will be from the new source of income.

Child support modifications are vital as they help maintain the balance between two households sustained by a single breadwinner. After the establishment of the initial child support order, the circumstances of either parent might change.

For this reason, it would be helpful to have the child support order modified to make life easier for all the parties involved.

Methods of ‘’Dispensing of Administration’’ Used in Probate

property title being signedProbate is necessary if somebody passes away with property still legally titled in his/her name. It involves changing the deceased’s title into that of his/her heirs. Typical probate administration of a deceased’s estate requires the appointment of a personal representative.

In some methods, however, a personal representative is not appointed. These methods are collectively called ‘’dispensing of administration’’ and require the guidance of a probate lawyer in Denver or any other state to navigate. Below are the common methods of ‘dispensing of administration’ you might come across.

Small Estates

According to probate law, an attorney can opt for the small estate probate method if the decedent has up to $40000 in net assets, which should go through probate. The process is faster and simpler compared to a typical probate administration. Small estates with above $15000 in assets require publishing of a notice in the paper.

Refusal of Administration Letters

Surviving spouses, children, creditors, or dependents of the decedent can claim particular amounts of property using the process of ”refusal of letters”. In this process, the probate court neither appoints a personal representative nor open a standard probate estate administration. The title owned by the deceased passes on to the dependent, spouse, creditor, or children, depending on the asset amount set by the state.

Determination of Heirship

A personal representative in probate law is appointed within a year of the decedent’s death. If this is not done, your attorney can start a determination of heirship process to transfer the assets from the deceased’s name. A petitioner requests the probate court to determine the decedent’s heirs. The judge then decides who the inheritors are and what they should get.

For those who wish to use a ‘’determination of heirship’’ for real estate only, an ‘’affidavit of heirship’’ is ideal. For this option, you must name and locate all potential heirs. It works best if all spouses and potential heirs cooperate in the creation of the affidavit.

Are You Looking For an Employment Mediator? Consider These First

a businessman shaking hands with a employee mediatorIt is quite unfortunate that most people do not do thorough research before hiring employment mediators, as well as other lawyers. They just take other people’s word for it.

This should not be the case. You need to be careful to ensure that you are getting the services you deserve. Littleton Alternative Dispute Resolution, Inc. suggests that you consider the following when hiring an employment mediator:

Past Achievements

There is no surety for a professionally handled legal matter than considering how your lawyer has been performing since he or she started practicing law. That will give you a more confident direction of how your case will end up. While an invariably positive trend would indicate some level of prowess, you will find it better to work with an attorney who has an exponential growth curve.

Such a trend is a clear indication that there are matters the lawyer has been mastering along the way to hone their skills in the practice.

Attention to Detail

Consider the attorney’s reputation in terms of dealing with clients. It is from this that you will get the most precise picture of how much the lawyer values communication and how keen he or she is in recording every detail of your case. Focus and attention to detail mean the difference between getting a positive outcome and losing the case.

Years of Experience

You should also check how long the attorney has been in practice. The longer, the better, as this means he or she has mastered the most critical areas that guarantee a win for the client. Experience also helps in the mastery of trends in the industry. Check if your lawyer can even project how the future of his or her practice could be.

These are the important elements of every selection process. Sticking to a single reputable employment mediator will give you higher chances of proper representation as he or she gets to master the uniqueness of your company’s employment processes.

What to Do if You’re at Fault in a Car Accident

Two people in the middle of a car accidentAny kind of vehicular accident is dangerous and stressful. If you realize at once that you’re at fault, which adds even more stress. Don’t panic, though, as that never help. Here are some suggestions on how to handle this situation.

Don’t Just Drive or Walk Off

After the accident, check yourself for injuries. Check your passengers. If anyone is in need of immediate medical attention, call for help and get the injured to the hospital as soon as possible. Check the other vehicle for an injured driver or passengers, as well. Unless you need to be at the hospital, either for yourself or for another injured victim, do not leave the site of the accident since this may complicate legal responsibilities.

Check Your Temper

At-fault or not, never lose your temper. Like panic, this never solves anything and can even complicate matters. The other people involved in the accident may react in kind if you let your temper get the best of you.

Get the Information You Need

Instead of reacting like a maniac, stay calm and talk to the other driver. Get their name, address, and phone number. Make sure to get their insurance information. Give your own info to the other driver. Note the time, date, and exact location. Get contact information from possible witnesses. Even if you’re at fault, avoid apologizing or making excuses.

Call the People Who Can Help

Call the police and have them call the EMTs if you need any. Usually, the cops will alert the EMTs automatically. Call your loved ones to inform them. Call your insurance provider and your Springfield, IL auto accident attorney.

Wait for Everyone to Leave

Don’t leave until everyone else has — the other driver, the police, etc. To be sure, go to a medical facility when everyone else has already left. Have yourself and your passengers checked. Sometimes, trauma keeps you from feeling anything. Some effects take time to manifest. It’s important to have a checkup immediately to determine anything that needs to be addressed. If you turn out to be not at fault, you can also use the medical information and medications.

Car accidents are dangerous and traumatizing. Being prepared can help you get over the situation as soon as possible.

3 Ways to Cope with a Divorce

Divorce Lawyer in DenverDivorce can be one of the most devastating things you can go through in life. No matter how strong some people think they are, a divorce can break them apart especially if they didn’t see it coming at all. If you are currently going through this tough process and are finding it hard to deal, here are some tips that might help you heal and start anew.

Hire a Divorce Lawyer

When you’re emotional and distressed, you tend to make wrong decisions that could worsen the situation. That’s why you need to consult divorce attorneys in Denver, CO until you find one you can trust. Your lawyer will help you figure out how to fight for your rights in court to give you the divorce settlement you deserve.

Rely on Family and Friends

While it’s important to spend some time alone, it’s also important to reach out to your core group of friends and to your family. They will always have the best intentions for you, so don’t hesitate to open up to them about how vulnerable and defeated you may be feeling right now. Let them offer their emotional support and ask them to keep you company and make you laugh throughout this tough time.

Take Care of Yourself

The world won’t stop for you just because you are having a hard time. That’s why you need to get up, eat well, work hard, and get enough sleep. Go on with your everyday life no matter how difficult it can be. Take care of yourself and don’t wallow until it negatively affects other areas of your life. It’s okay to cry and admit your weakness, but at the end of the day, you should still take control of the situation and continue living your life.

Follow these tips so you can start healing and regain control of your life, even after going through hell with your divorce.

When The Government Seizes Your Home

Real Estate LawyerIt’s relatively uncommon to hear of a government-sanctioned home seizure. But that doesn’t mean that things like such don’t happen. Certain circumstances may give the government the right to seize someone’s property. And when this happens, only a real estate lawyer can provide ample defense against it. But why does it happen; and how can one deal with it?

Why It Happens

There are five common instances which prompt the government to seize a private property. For example, a property may be considered condemned; if so, the authorities take control of the land to likely convert it for public use. A “judicial lien” can also happen, wherein a property’s title is taken when a foreclosure resulting in a judicial sale is involved. Tax issues can also prompt a government takeover, as well as civil forfeiture (when the property is involved in a crime), and intentions for private economic development.

Most of the time, however, a property may be seized even if its owners aren’t actually charged with a crime (see civil forfeiture). U.S. law states that all it takes is mere suspicion of a crime, during an instance which agencies like the Department of Justice or even the IRS can step in. The law’s original intent is to justify the seizure of a money launderer/drug dealer’s assets, though its major drawback is its lackadaisical requirement threshold.

Defending Against It

Just this May, Rep. James Sensenbrenner of the state of Wisconsin introduced a bill aiming to protect private property from seizure without ample evidence. It was subsequently approved by the House Judiciary Committee a mere week after its introduction. Known as the Due Process Act, the bill is part of a multifaceted effort which aims to protect both individuals and businesses upon committing unintentional violations of the Criminal Code Improvement Act of 2015.

This legislation is something that stands on universal moral grounds. There’s obviously a need to fully and adequately establish an organization or individual’s guilt in terms of using private property as an accessory to a crime. California state representative Darrell Issa is among its fervent supporters, believing that law enforcement must not make a habit of seizing property without sufficient proof of a criminal offense. It’s also something that unwary accused parties can exploit when matters are taken to court.

When is Prenuptial Agreement Best for You

Family Law Attorney in DenverThere are certain situations that may call for you and your future spouse to enter a prenuptial agreement. Contrary to popular belief that prenuptial agreement is a precursor to divorce, it could even strengthen your relationship.

Now that you are engaged and have agreed on a date for the wedding, maybe it is also time for you to evaluate whether you need prenuptial agreement or not. While there are some who view a prenuptial agreement as an acknowledgment of a possible future divorce, it actually is not. It is simply a certain degree of protection if ever the ugly head of divorce shows up. So how do you know if entering into such agreement is the best thing for you?

You are a co-owner of a business

Imagine, for instance, that you are one of the four owners of a business enterprise holding an equal share as the other three. If sometime in the future your spouse files for a divorce, all your holdings will be subject to the proceedings. In short, your spouse may end up owning part of your shares, thereby becoming also part of the business.

What can happen?

Such situation may not be welcome to your partners and could potentially result in professional disagreements. In fact, according to Business.com, this situation can debilitate your business. To prevent this from happening, entering into a prenuptial agreement that specifically excludes your business shares from any proceeding may be the best option for you.

You have more money than your spouse

Supposing you invested $85,000 at Google’s initial public offering of $85, that would have been equal to a thousand shares. Today, your Google stocks could be worth more than $1,250,000. Though such amount may not qualify you as a multimillionaire, it is still a substantial amount even by today’s standards.

Your spouse has little

Assume further that your spouse has less than five thousand dollars to call as assets when you got engaged. In this situation, it might be prudent for you to seek a prenuptial agreement with regards to your shares of stock. A prenuptial agreement can help clarify about who owns what asset.

Your soon-to-be spouse has a huge financial baggage

Obviously, you would not want to be burdened by someone else’s debt in case your marriage ends, would you? There have been many cases like this before and it is always the spouse who had no debt in the first place ends up losing big time. If you are aware of your spouse’s debts before the wedding, it might be for your protection that you seek a prenuptial agreement.

These are only some of the instances when entering into a prenuptial agreement may be the right thing for you to do. Your family law attorneys in Denver could further enlighten you on other situations that may necessitate a prenuptial agreement.

Unique Denver Laws on Real Estate Purchases

Real Estate PurchaseAfter years of saving up, you’re finally ready to move into your family home. The great outdoors, the many activities available and the weather can make Colorado someone’s version of paradise.

Like every other American state, buying a home in Colorado is governed by unique state laws. Here are some you might want to know before you buy a home in Denver.

Colorado’s Disclosure Laws

Because of this law, buyers will have access to important information about the home they are purchasing. Information provided by the seller include, not be limited to:

  1. The property belonging to a special taxing district.
  2. The home’s source of drinking (or potable) water.
  3. If the home has ever been a venue for the manufacturing of methamphetamine.
  4. Any future transportation projects (railways, etc.) nearby.
  5. If the property requires a membership to an association (such as those in condominiums or exclusive neighborhoods)

While the disclosure law does offer additional peace of mind to buyers, they shouldn’t replace home inspection or warrantless vigilance from buyers. If you’re buying through a broker, the following information can only be revealed if the seller agrees:

  1. The willingness of the seller to accept a lower price
  2. History of the home, including extraordinary deaths or other occurrences.
  3. The reason the home is on the market.

Turn a Portion of the Home into a Homestead

Turning your home, or a portion of it, into a homestead will shield it from debtors. This law helps prevent anyone from becoming homeless, even during bankruptcy. Hiring a lawyer in Colorado with estate planning expertise will help buyers iron out their options.

Individuals can file to protect up to $60,000 of their equity for bankruptcy protection. While couples won’t be able to double this amount, it already exceeds the federal limit of $22,975.

No Borrowing of Vacuum Cleaners in Denver

On a less serious note, it is actually illegal to lend your vacuum cleaner to your neighbor in Denver. While this is bizarre, this law can prevent the spread of parasites like bed bugs. 

With rising property prices in the Colorado area, buying a home won’t only provide comfort, but can be a great way to invest in the property market.

Next Steps: What to Do When Your Insurance Company Refuses to Pay Your Claim

Insurance Claim in Los Angeles

Insurance Claim in Los AngelesInsurance is used to cover emergency expenses should you get into any type of accident. You could be perfectly fine but if your car isn’t, you’ll want your insurance company to help you out. Except…they don’t. What can you do then?

Reading the Fine Print

Make sure you know your policy inside and out. Your insurance is acting in bad faith if they intentionally do not honor a valid claim. Some signs to look out for include denying your claim without giving a reason or negotiating to pay you far less than what your claim should command. They may also bring up complicated jargon in their contract that may allow them to sidestep their fiscal duty to you. At worst, they may even attempt to pressure you to drop the claim. Any of these acts is cause for complaint and can be a basis for filing a complaint of bad faith.

Finding Representation

Haffner Law will probably suggest that should you find yourself in this type of situation, seek the help of a lawyer who specializes in bad faith insurance cases. It is generally best to hire locally so filing a case in Los Angeles means hiring representation there. You can choose to get a large firm to take on your case. In general, these larger firms will have contacts that can ease the process of litigation. Make sure to talk to your lawyer and discuss your case thoroughly. This will help determine your chances of winning the case as well as bring up questions such as their fee structure and case history.

What’s in it for You?

The amount you win can vary. At the very least, it can be equal to the cost of the claim you should have received from the start. There is also a chance that you will be awarded the amount you spent pursuing this case. You can also include in the case any emotional distress you experienced upon realizing someone who should’ve had your back betrayed you.

Moving Forward

Such experiences are highly unpleasant but not impossible to move on from. Look deeply into the reputation of your next insurance company. This will help you find the right insurance policy for you.

The Legalities of Adoption and Foster Care Explained

Foster care parentsFoster care is a way to provide care for children who come from broken homes and have been abused. Some of them even find themselves in trouble and having to deal with the Juvenile Justice system. When there is a clear danger to children in a community, families offer a safe place until parents are able to care for them. There is always a need for fostering and in many cases, it has even led to adoption.

Children need a safe, stable place to stay and not just loving care. Foster families are in a position to provide these and more.

Who Can Qualify As a Foster Parent/Family?

Federal and state laws mandate that the DHS complete strict background checks on families before they can qualify as foster families. Laws prohibit those who have been convicted of crimes or those who have pleaded guilty to acts such as unlawful sexual behavior and domestic violence.

What is Kinship Care and Who Can Offer It?

A kinship provider is a person who volunteers or agrees to care for a child who cannot stay with them due to safety concerns. DHS works with families to place children in the care of others voluntarily, due to police or court order. Kinship care has proven to be more successful at helping children deal with separation from their family unit than other kinds of placement. According to Lewis & Matthews, P.C., the DHS always considers kinship care before deciding on other options.

Permanent Placement

This is an option in which children are removed from their home and cannot be returned to their parents. Some of the available options are placement with relatives, allocation of parental rights, and adoption. This option is exercised when it is deemed necessary and overseen by juvenile courts.

The ultimate goal is to offer troubled children and those from broken families a way to find stability and care.