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Possible Alimony Changes on the Horizon in New Jersey

2012-11-06
The New Jersey legislature is moving toward an overhaul of state laws governing alimony, the regular payment that is sometimes awarded in a divorce to help pay one ex-spouse's living expenses. A legislative committee recently voted unanimously to create a commission to study the laws, after previously approving a bill that would allow some modification of alimony and child support awards. The proposed commission's job would be to study New Jersey alimony laws, compare the state's laws to those in other states, analyze the effect of the economy on alimony laws and examine ...

Simple Precautions Can Prevent Swimming Pool Deaths

2012-11-06
On an average day in the United States, two children age 14 or younger die as a result of accidental drowning, many in swimming pools such as those commonly found at hotels and apartment complexes. Many more children survive near-drowning only to be left with severe injuries and disabilities that change the course of their lives forever. Drowning is the second leading cause of death from unintentional injuries among children age 14 and younger, second only to car accidents. The risk of drowning is particularly high for children ages 1 to 4, who die more often from drowning ...

Massachusetts Worker's Death Highlights Family's Rights

2012-11-06
Massachusetts residents depend on road crews to keep our state's highways safe for travel. However, this public benefit comes with a steep risk of injury or death for road crew workers. Hazardous working conditions and motor vehicle accidents are an unfortunate fact of life. This notion was made real last August, when a highway construction worker fell to his death from an Interstate 91 overpass in Springfield. Authorities say the 46-year-old man fell through a gap in the median north of Exit 7. He plummeted nearly 60 feet before landing near a set of train tracks. The ...

Valuation and Continuation of Family-Owned Businesses Upon Divorce

2012-11-06
Families own a vast majority of our nation's companies. Mom and Pop businesses still abound but a dark shadow looms over all of them -- the ever-present threat of divorce. Nationwide surveys report that: -90 percent of U.S. businesses are family owned -Family-owned businesses account for 50 percent of our nation's gross national product -1.2 million companies are operated by husband and wife teams -Half of all marriages end in divorce -Baby boomer divorce rates doubled over the past 20 years Although California reports a slightly lower divorce rate than ...

Washington Supreme Court Rules MERS Can't Foreclose

2012-11-06
In a unanimous ruling on August 16, 2012, the Washington Supreme Court ruled that the controversial mortgage-tracking organization known as MERS, or Mortgage Electronic Registration Systems Inc., lacks the authority to initiate out-of-court foreclosures in the state. In its written opinion, the court also found that MERS may have violated state consumer protection laws with its involvement in robo-signing and other practices that appear to violate the Washington Consumer Protection Act. Hundreds or even thousands of Washington foreclosures may have been affected, according ...

Virginia Now Requires Ignition Interlocks for all Convicted of DUIs

2012-11-06
Virginia residents facing a DUI conviction have major rights at stake. Virginia prides itself on being a state with some of the toughest drunk driving laws, and a recent change has made their laws even tougher. Governor Bob McDonnell recently signed a bill into law that requires everyone convicted of a DUI to install ignition interlock devices in their vehicles, even those convicted for the first time. Serious Change in the Law Ignition interlock devices work by requiring the driver to give a breath sample before the car's engine will start. If the driver's sample ...

Severe Penalties in Arizona for High Blood Alcohol Content Levels

2012-11-06
Driving while under the influence of alcohol or drugs can lead to serious consequences in Arizona. The state has a law penalizing anyone convicted of DUI whose blood alcohol test indicated a blood alcohol content of 0.08 percent or greater within two hours after being stopped on suspicion of drunk driving. Additionally, Arizona law prescribes stiffer penalties for drivers whose blood alcohol content is 0.15 percent or above. Arizona DUI Laws Under Arizona law, a person may face DUI charges if his or her blood alcohol concentration was 0.08 percent or higher within ...

Utah DUI Case Dismissed After Officer's Credibility Questioned

2012-11-06
A district court judge in Salt Lake County, Utah, made an unusual move recently when he dismissed a DUI case after questions arose about the arresting officer's credibility. The judge found that the police officer, a corporal in the Utah Highway Patrol, had given false testimony about reprimands she had previously received. As a result, the judge concluded that the officer's testimony regarding the DUI arrest was unreliable and could not be used to convict the suspect, according to a report by the Salt Lake Tribune. The UHP officer testified that she had arrested the ...

Child Custody in Rhode Island

2012-11-06
One of the most difficult things about a divorce is often deciding who gets custody of the children. In some cases, parents are able to make arrangements between themselves that they feel best suit the needs of their children. However, often times parents cannot resolve their differences of opinion regarding child custody and the court must step in to make the decision. Parents in Rhode Island should be aware of the different types of child custody and how Rhode Island courts make custody determinations. Types of Child Custody in Rhode Island Rhode Island Law breaks ...

Making Holidays Easier for Co-Parents and Children After Divorce

2012-11-06
Making Holidays Easier for Co-Parents and Children After Divorce Holidays can be stressful for many people, with the shopping, entertaining, events and family obligations that accompany holidays. Things can become even more hectic for parents who are divorced, since they have to try to work out who gets time with the children on which holidays. Parents can take some steps to make holiday scheduling easier on themselves and their children. Plan Ahead Parents should begin discussing holiday plans well in advance of the actual holidays themselves. Discussions may ...

Sex Offender Registration Requirements in Kansas

2012-11-06
Sex Offender Registration Requirements in Kansas A conviction for a sex crime in Kansas can have a greater impact than many people may anticipate. Aside from the serious legal consequences - which can include long prison sentences and in many cases life sentences - a conviction can burden a man for the rest of his life with other consequences like lifetime registration and non-expungability so the conviction remains on their record forever. Of course, registration can be humiliating, like hanging a 21st century scarlet letter around a person's neck wherever they may ...

Common Questions About Child Support in Texas

2012-11-06
Common Questions About Child Support in Texas Parents have a responsibility to support their children financially. When parents split up, one of the ways a parent can fulfill his or her financial responsibility for the children is through child support payments. The child support system can seem confusing to many Texas parents, leaving them with questions about how much support the court will order and how the court determines the amount of child support payments. When Will the Court Order Child Support? The court issues child support orders in a number of cases. ...

California Workers' Comp Overhaul Brings Tradeoffs for Injured Employees

2012-11-06
California Workers' Comp Overhaul Brings Tradeoffs for Injured Employees California Governor Jerry Brown recently signed off on a major overhaul of the state workers' compensation system. The bill, which is intended to reduce costs and streamline the claims process within the California workers' compensation system, has received widespread support on both sides of the aisle and is regarded by some as victory for businesses and injured workers alike. However, the bill's long-term consequences for injured workers in California remain uncertain. The new law brings major ...

Governor Approves Mining Safety Reforms in West Virginia

2012-11-06
Governor Approves Mining Safety Reforms in West Virginia West Virginia Gov. Earl Ray Tomblin commemorated the signing of the state's new mine safety reform law in a ceremony at the State Capitol on March 21, just days shy of the 2-year anniversary of an explosion at the Upper Big Branch mine that killed 29 miners on April 5, 2010. The new legislation is aimed at preventing mining accidents and increasing oversight in the West Virginia mining industry. The bill includes provisions that will require pre-employment and random drug testing for mine workers. Until now, ...

Motorcycle Safety and Helmet Use in New Jersey

2012-11-06
Motorcycle Safety and Helmet Use in New Jersey Even though traffic accident fatalities are down overall, motorcycle fatalities are on the rise across the country. The increasing number of deadly motorcycle crashes makes it all the more important to focus on motorcycle safety. According to the Federal Highway Administration?, about 2,500 motorcycles are involved in crashes every year in New Jersey. While the number of fatalities related to motorcycle accidents has remained near 60 over the last two years in New Jersey, the previous handful of years saw over 350 motorcyclist ...

Don't Let Connecticut Estate Plans Become Outdated

2012-11-06
Don't Let Connecticut Estate Plans Become Outdated Many people understand the importance of creating estate plans. Well-drafted estate plans not only give directions for distributing a person's assets after he or she dies, they also allow a person to provide for loved ones after passing on, name guardians for minor children, give instructions on the extent of medical care he or she wishes to receive if incapacitated and appoint others to make important decisions on his or her behalf in the event of incapacity. However, after doing the initial work of estate planning, ...

New York State Appellate Court Gives Insight on Calculation of Alimony

2012-11-06
New York State Appellate Court Gives Insight on Calculation of Alimony A recent ruling by a New York appeals court provides divorce attorneys in the state with guidance on the new version of the Domestic Relations Law, which sets out a formula to calculate temporary spousal maintenance. The new version of the law differs from the old in that it requires judges to follow a formula rather than determining a temporary spousal amount that "justice requires." Under the updated Domestic Relations Law, judges are supposed to determine the presumptive amount of ...

Protection Orders in New York May Overlap in Family and Criminal Court

2012-11-06
Protection Orders in New York May Overlap in Family and Criminal Court The Cashman stalker case has put protection orders in the news across New York. The case stemmed from criminal court, but the Cashman case also had implications for his family. Brian Cashman, the general manager of the New York Yankees, filed for a protective order against Louise Meanwell for allegedly stalking Cashman over the internet, sending threatening text messages and attempting to extort Cashman for $15,000. Since Cashman and Meanwell are not married, the case brings up important questions ...

New Jersey Supreme Court Interprets Fair Foreclosure Act

2012-11-06
New Jersey Supreme Court Interprets Fair Foreclosure Act On February 27, 2012 the New Jersey Supreme Court issued a decision in the case US Bank National Association v. Guillaume, in which the court had to interpret the notice requirements of the state's Fair Foreclosure Act. Some homeowners brought suit against U.S. Bank, claiming they did not receive requisite notice under the law prior to the lender filing foreclosure, but the court disagreed with the homeowners. New Jersey's Fair Foreclosure Act Legislators intended New Jersey's Fair Foreclosure Act to be a ...

Mortgage Foreclosures Rising in New Jersey and Across the US

2012-11-06
Mortgage Foreclosures Rising in New Jersey and Across the US For a time at the end of 2010 and beginning of 2011, it looked like the U.S. housing market was starting to show signs of recovery from the foreclosure crisis that hit the country after the 2006 real estate bubble burst. However, a new government report suggests that mortgage lenders are aggressively resuming foreclosure activity in New Jersey and across the U.S., after having paused due to legal troubles. Foreclosure Statistics A report by the Office of the Comptroller of the Currency issued in December ...

How Bankruptcy Affects Inherited Assets

2012-11-06
How Bankruptcy Affects Inherited Assets Many people experiencing overwhelming financial difficulty wrestle with the decision of whether to file bankruptcy. The situation can become even more complex when people believe they will be getting an inheritance in the near future. People in California and across the U.S. should know how Chapter 7 bankruptcy treats inherited assets. Chapter 7 Bankruptcy Chapter 7 bankruptcy is primarily used to discharge certain debts and can even be used to protect property from creditors. The bankruptcy discharge eliminates the personal ...

Medical Expenses Often Lead to Bankruptcy

2012-11-06
Medical Expenses Often Lead to Bankruptcy A number of New Jersey residents struggling in this tough economy have chosen bankruptcy as a way to deal with financial problems. Bankruptcy filers might be stereotyped as irresponsible overspenders, but many people who turn to personal bankruptcy are the victims of bad luck in the form of an expensive illness. According to the Centers for Disease Control and Prevention, in 2011 one in five American families faced problematic medical bills they could not readily pay. Excessive medical bills are even more likely for women. ...

California Legislator Alleges Constitutional Violation in DUI Stop

2012-11-06
California Legislator Alleges Constitutional Violation in DUI Stop On March 27, 2012, police arrested Assemblyman Roger Hernandez on suspicion of driving under the influence after they stopped him for allegedly weaving in his lane. Hernandez claimed that police violated his constitutional rights during the stop and asked the judge in his case to throw out all of the evidence police collected after the supposed constitutional violation. Acquitted of DUI Charges Hernandez told officers that he had only two glasses of wine over a period of five hours before he was ...

Watch for Ways Divorce May Be Impacting Children

2012-11-06
Watch for Ways Divorce May Be Impacting Children Parents who go through divorce understand the emotional turmoil the event can bring to a person's life. They need to start over as single people and figure out how to keep communicating with their former spouses in order to raise their children despite the fact that the marriage did not work. Adjusting to life as a single parent can be overwhelming, and in the midst of the changes parents may not consider how their children handle divorce. Parents in Oklahoma and across the U.S. should be aware of some of the ways that ...

New Immigration Policy: Deferred Action for Childhood Arrivals

2012-11-06
New Immigration Policy: Deferred Action for Childhood Arrivals Recently, President Obama authorized the Deferred Action for Childhood Arrivals policy that allows certain undocumented immigrants to temporarily remain in the United States and be granted work permits. As many as 1.7 million young immigrants may be eligible to qualify under the policy. While DACA allows eligible individuals to work legally in the U.S., the policy does not provide a path to citizenship. Some immigrant advocates and critics of the policy warn that coming forward under the DACA may expose ...
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