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The Latest Law Blog Articles To Keep You Updated On The Latest Legal News
Overview of the Adoption Process
Adoption laws and procedures vary from state to state. While adoption laws and procedures differ significantly from state to state, several aspects are the same across all jurisdictions. About Adoption It has not always been legal to adopt. The law did not originally provide for adoption. Of course, adoption is now permitted and it is now specifically provided for in state laws, regulations, and court and administrative decisions. Each state has one or more administrative agencies that administer these laws. State law defines who can adopt. This often includes married individuals jointly and single individuals. State law defines who qualifies for adoption. This often includes specific definitions for minor children and adult individuals. The Adoption Process The general concept underlying adoption is that a minor child or adult can only have one set of parents at a time. Thus, for an adoption to occur, the biological parents must have their parental rights terminated. For minor children, parental rights can usually be terminated by a voluntary waiver executed by the biological parents or a court finding that biological parents are unfit to raise the child. Thus, for minor children, the adoption process usually starts once the parental rights of the natural parents are terminated. This process usually involves filing a petition for adoption with the courts. The court will then conduct hearings to determine whether the adoptive parents are fit to raise the minor child. The process is similar for adopting adult individuals. If the court approves the adoption, it will enter an order of adoption. An order of adoption creates the parent-child relationship between the adoptive parent and the child or adult individual for all purposes. However, the adoption generally does not preclude or affect the rights of the biological or adoptive maternal or paternal grandparents' reasonable access to minor children. Types of Adoptions A regular adoption occurs when the adoptive parents comply with all of the procedural requirements. An equitable adoption occurs where the adoptive parent is perceived to be the child's parent even though the adoptive parent does not comply with all of the procedural requirements. An option adoption occurs where a mother, while pregnant, picks an adoptive parent and agrees to stay in touch with the child. This involves a written agreement between the genetic or biological mother and the adoptive parents which allows the biological mother to visit the child if the visitation continues to be in the best interest of the child. Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced adoption attorney to learn about current laws and how they can affect their case.
Child Support When Parents Change States
We previously explained child support and the parent's obligation to pay for minor children. We did not address what happens if one or both of the parents or children move out of the state that issued the child support order, which is the topic of this article. Uniform Statute Streamlines Laws Many states have adopted the Uniform Interstate Family Support Act or UIFSA, or some version of UIFSA. UIFSA is intended to make child support enforcement simper. It streamlines the interstate enforcement of child support orders and eliminates the need for courts in multiple states to issue separate child support orders. Under, UIFSA an out-of-state parent's income can be withheld using the original state's order if the state mails the withholding notice to the out-of-state employer. The parties do not need to institute proceedings in the new state for a new child support order. The out-of-state parent can challenge the order, however. Enforcing Out-of-State Child Support UIFSA works hand-in-hand with the Full Faith and Credit for Child Support Orders Act or FFCCSA. As its name implies, FFCCSA requires the state to follow the child support orders of courts from other states. This only applies if the parties were given proper notice and an opportunity to be heard in the other state before the child support order was issued. The out-of-state child support order can be registered with the new state. Registration simply means filing the order with the new state. Once filed, the order then becomes a child support order from the new state just as if it had been issued by the new state. Modifying an Out-of-State Child Support Order Under UIFSA, only the original state has the right to modify the child support order. This rule only applies if either parent or the child resides in the state. If the parties have moved out of the state or if the child resides in another state and the parents both consent, the new state can modify the out-of-state child support order. There can be serious consequences of not following state law on this issue. One consequence can be the termination of the parent-child relationship. Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced child support attorney to learn about current laws and how they can affect their case.
Child Support: the Parental Obligation to Pay
Child support involves making payments by one spouse to another to pay for the support of one or more children. Child support arises out of the duty of parents to support their child while the child is a minor. How Long Child Support Continues The duty to pay child support can continue after the child reaches the age of majority if the child is enrolled in an accredited school leading toward a high school diploma. In some states, the duty can continue while the child is enrolled in an accredited school leading toward a college education. The duty to pay child support generally terminates when the child reaches the age of majority, graduates from school, the custodial parent remarries, or the non-custodial parent dies. Court Ordered Child Support Child support may or may not be court-ordered. If it is court-ordered, the child support order will spell out how much the support is, when payments are to be made, and when the support obligation ends. The court may condition support on possession of or access to the child. The child support order generally must also provide for withholdings from the non-custodial parent's earnings. Many states have child support guidelines that are followed in determining the proper amount of child support. These guidelines usually apply unless the spouses agree to some other amount and the court approves the alternative amount. Court and Administrative Oversight Once entered, the court will typically retain jurisdiction over the child support order. This allows the court to modify the support order as needed. The state attorney general or other government agency has the power to enforce child support orders. Moreover, the courts can usually hold the non-paying spouse in contempt of court for failing to pay child support. The court can also suspend various state-issued licenses, such as driver's licenses, hunting and fishing licenses, and occupational and professional licenses. Questions often arise as to how child support orders are enforced when one or both of the parents move or relocate to other states. Let's consider that topic now by examining child support when parents relocate to different states. Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced child support attorney to learn about current laws and how they can affect their case.
Comprehensive Brain Injury Resources
To Help You Heal Quickly And Recover Fully A traumatic brain injury can be a life-changing event. The injuries may be severe, and the recovery process can be long and difficult. However, with the right resources and care, you can make a full recovery. What is a Traumatic Brain Injury? A traumatic brain injury (TBI) is a serious brain injury caused by an external force, such as a collision with a motor vehicle, fall from a height, or blast from an explosive. TBI can cause life-changing injuries, including memory loss and difficulty thinking or concentrating. What are the Symptoms of a Traumatic Brain Injury? The symptoms of a traumatic brain injury can vary depending on the severity of the injury. However, common symptoms include: Nausea and vomitingInability to think clearly or remember thingsDizziness or vertigoConfusion or decreased consciousnessSevere headache Resources for Healing from a Traumatic Brain Injury American Veterans with Brain Injuries (AVBI) - American Veterans with Brain Injuries (AVBI) was founded in 2004 as a grassroots organization with the mission of assisting the families of American Servicemembers and Veterans who have suffered brain injuries. Brain Injury Association of America - The Brain Injury Association of America (BIAA), founded in 1980, is the nation's leading organization serving and representing individuals, families, and professionals affected by a life-altering, often devastating, traumatic brain injury (TBI). Brain Injury Network - The Brain Injury Network (BIN) is the world's first brain-injury survivor-led, international and national Survivor of Acquired Brain Injury (ABI) advocacy organization. (Established in 1998.) This non-profit organization is run by and for brain injury survivors. We at BIN are people who have ABI in various forms, such as aneurysm, anoxic or hypoxic injury, brain illness, brain tumor, stroke, or traumatic brain injury (TBI). Brain Injury Resource Center - Brain Trauma Foundation - The brain Trauma Foundation has been conducting innovative clinical research and developing evidence-based guidelines for over 30 years, improving outcomes for the millions of people who suffer from traumatic brain injuries each year. Defense and Veterans Brain Injury Center (DVBIC) - Serving active duty military, their beneficiaries, and veterans with traumatic brain injuries by providing cutting-edge clinical care, innovative clinical research initiatives, educational programs, and support for force health protection services. Medline Plus - Traumatic Brain Injury National Association of State Head Injury Association (NASHIA) - Since 1990, NASHIA has been assisting state governments in promoting partnerships and developing systems to meet the needs of people with brain injuries and their families. National Center for Injury Prevention and Control (NCIPC) North American Brain Injury Society (NABIS) Traumatic Brain Injury (TBI) Program Traumatic Brain Injuries Make Accidents Life Altering Sports and mTBI A traumatic brain injury can be a devastating experience, but with the right resources and care, you can make a full recovery. Be sure to seek out comprehensive brain injury resources to help you heal quickly and recover fully.
Introduction to Tax Deductions
Tax deductions are important aspects involved in the calculation of the tax liability of any taxpayer. These are legally allowable deductions, as stipulated by different rules and regulations framed by IRS, which are used to calculate Adjusted Gross Income (AGI). The tax liability of the taxpayer is calculated on this AGI. There are numerous allowable tax deductions that a taxpayer can avail of. However, for the sake of brevity, we have presented here the most common deductions used by individuals. Broadly, a taxpayer has two options about tax deductions, which he/she can exercise at his/her discretion. As a common-sense rule, the taxpayers invariably choose the option that allows maximum tax deductions for them. Option I: Standard Deduction Taxpayers have the option to go for itemized deductions if they believe that the itemized deductions will aggregate more than the Standard Deduction. The most common allowable itemized deductions include medical expenditure, education expenses, charitable contributions made to a 501(c)(3) qualified tax-exempt charity, donations to religious institutions (churches, temples, mosques, etc.), casualty and theft loss, mortgage interest, home mortgage points, local and state taxes, and other miscellaneous expenses. Business Tax Deductions Businesses are also allowed certain tax deductions that can reduce their tax liability. The most commonly availed business tax deductions include vehicle expenses for trucks, cars, and other vehicles used in connection with the business; travel expenses incurred by the taxpayer for work or business purposes; capital expenditure (other than business expenses); casualty losses; meals, entertainment, and gifts in connection with the business; certain start-up expenses incurred for the establishment of a new business; home-office expenses, where the taxpayer operates an office from home, etc. The distinction between Tax Deductions and Tax Credits Tax deductions and tax credits can be confused with each other. Therefore, it's important to know the difference between the two to appreciate the subtle nuances of these two concepts. A tax deduction is an expenditure incurred by the taxpayer that is ultimately subtracted from the income to avail tax benefits. A tax credit is a dollar-to-dollar reduction from your actual tax liability unlike the tax deduction, which allows a percentage of the amount expended and also a cap on the deduction amount. Tax deductions are reduced from the gross income of the taxpayer, but tax credits are allowed on the actual tax liability of the taxpayer. After all the applicable deductions are subtracted from the gross income, taxpayers' AGI remains upon which the tax liability is calculated. Undoubtedly, tax credits translate into a better deal for the taxpayers, but it is equally difficult to qualify for the tax credits, while tax deductions are much easier to apply and claim a reduction in tax liability. Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced tax attorney to learn about current laws and how they can affect their case.
How to File a Car Accident Lawsuit?
After an unfortunate car accident, you will face another test, i.e., filing a car accident lawsuit. However, even before that, you need to file an auto insurance claim with your insurance provider to get reimbursement of repair costs and/or medical expenses (if incurred). Once the insurance claim is filed, the next step is to file a car accident lawsuit against one or more drivers involved in the accident. However, in case the accident was the result of faulty car parts or some flaw in the car manufacturing, the car accident lawsuit will be filed against the car or parts manufacturer. Steps in Filing a Car Accident Lawsuit The first step is to determine the limitation period as applies in your State in case of car accident lawsuits. All States have their limitation periods in such cases, but usually, it is two years from the date of the accident.Once you know that your case is within the limitation period, the next step will be to hire an experienced automotive attorney who can file the lawsuit against the defendant on your behalf.After hiring the automotive attorney, the pre-litigation stage starts in which the attorney shall assess the damages to be claimed from the defendant and negotiate with him/her to settle the case without entering into lengthy and expensive litigation.While still in the pre-litigation stage, it is advisable to collect all medical bills and records, repair bills and records, loss of wages, and all other relevant documentation in support of your claim.The pre-litigation stage takes approximately a month after which, your automotive attorney demands a settlement with the defendant's insurance company.In case the defendant's insurance company decides to settle the claim, there is no need to proceed to the litigation stage and the matter rests with the settlement of the claim.In case the defendant's insurance company refuses to settle the claim, your attorney will issue a formal lawsuit to the court.Upon the filing of a personal injury lawsuit, the court fixes a date, usually one year from the date of filing of a lawsuit, for commencement of trial. Important Facts About Car Accident Claims The damages claimed should include both damages to the vehicle and your bodily health.You should never admit a fault in the court without consulting your attorney, as this could weaken your claim for damages.You must write down all the important facts related to the accident and inform every detail to your attorney.If possible, contact an automotive attorney right away or on the same day of the accident. This will provide an attorney with a first-hand experience of the accident spot and many other relevant factors that may influence your claims case.In case the defendant's insurance company contacts you, at best, you can share the details regarding the damages you claimed. Always remember, do not admit fault to anyone without prior consultation with your attorney. Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced attorney to learn about current laws and how they can affect their case.
Child Support Basics
Child Support Child support is one of the vital issues in custody or divorce proceedings. Essentially, child support refers to the financial maintenance of the child, which is usually the responsibility of the parents. In legal proceedings, child support implies the responsibility of one of the parents to make provisions for meeting the essential needs and expenses of the child/children of the parents. The child support may be a monthly, annual, lump sum, or the agreed-upon periodic payments that will cover expenses, like clothing, food, education expenses, lodging, transportation, etc. The claim for child support is entertained by both civil as well as criminal courts. Eligibility for Child Support Generally, the child is entitled to receive child support till the time he/she attains the age of majority or his/her emancipation. However, this rule is not strictly followed by all States. For instance, some States have no fixed age for emancipation; rather, several factors are considered in determining the age of emancipation. Some of these factors include marital status of the child, employment status of the child, whether the child has joined military duties, and whether he is studying or working full-time, or adjudged emancipated by any competent court. But in most cases, it's the 18th birthday of the child, which is the cut-off date for the entitlement of child support, except for dependent and disabled children on whom the age restriction does not apply. Obligation for Payment of Child Support In most cases, it is the primary responsibility of the non-custodial parent to meet the expenses related to child support. The custodial parent has the responsibility for rearing the child with the help of child support received from the non-custodial parent. There may be circumstances where a single parent is bringing up the child, who shall be responsible for meeting the expenses of the child. And in cases where the issue of custody of the child is decided by the courts or through a non-legal entity under the Alternative Dispute Resolution mechanism, the child support is borne by the non-custodial parent. However, it is not always the case where the full responsibility of meeting child support expenses vests with the non-custodial parent. The various States and some courts depart from the usual practice and may entrust part of child support payment to the custodial parent as well. There may be the case of joint custody of the child where both parents agree to share responsibilities towards and authority over, the child. In all such cases, both parents shall be deemed, custodial parents. But this does not strictly mean that child support is the responsibility of both the parents. It could be that one of the parents earns significantly more than the other, and in such cases, the higher-income parent could be required to meet the expenses towards child support. In cases of unmarried parents of a child, the biological father of the child is required to pay child support expenses. And in case, a man holds out a child as his own or welcomes it into his domicile, such man would be presumed to be the father of the child for child support purposes. Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced Family Law attorney to learn about current laws and how they can affect their case.
Introduction to Environmental Law
The basis for any environmental lawsuit is exposure to environmental hazards. A hazard can be defined as a toxin present in the environment that has a detrimental effect on human health when the body is exposed to such a hazard. Kinds of Environmental Hazards Hazards present in the environment can take multiple shapes and forms. For instance, toxic waste, comprising of medical, nuclear, chemical, or mineral waste, if present in large quantities in a particular area could pose a serious health hazard for humans and other life forms. Similarly, polluted and contaminated water can wreak havoc on the human population. Air pollution is another major health irritant, especially the persons with asthma or other breathing problems. There may be any kind of environmental hazards you are exposed to and sometimes, it becomes extremely difficult to identify the hazard that is afflicting your health. For instance, residents of Niagara Falls in Love Canal were at a loss when they discovered that they are living in a toxic waste dump that had remained hidden from their sight. The important thing is to identify the hazard and the person or entity responsible for such hazard because the polluter has to pay heavy damages for exposing humans to greater health risks. Environmental Lawsuit Basics Before approaching the courts with an environmental lawsuit, you may just want the polluter to correct the wrong. This can be achieved by approaching the appropriate Environmental Protection Agency (EPA) along with the details of pollution. The EPA is duty-bound to investigate such cases and take appropriate administrative action against the polluter. Another option is to file a citizen suit in a court of law with a plea that the polluter cleans up the contamination. If EPA has found contamination, you can file such a suit on behalf of the government. However, if EPA hasn't found any contamination, you will have to file the suit on your own along with the responsibility to investigate and prove that contamination exists. You can also file a standard civil suit in case you want to recover damages for the harm caused to your person or property due to exposure to an environmental hazard. You can further join a class action suit if you were exposed to contamination. In such cases, the burden of proving harm is considerably lessened as the class has already dealt with the issue. In all other lawsuits, the burden to prove harm is an onerous one. You will require a knowledgeable and expert environmental attorney to represent your case and prove that harm did visit you or your property as a result of exposure to pollution or contamination. Hiring a reliable environmental attorney is also necessitated by the fact that most of the time, the polluter is either a big corporation or someone with great social standing; and obviously, their case will be represented by a battery of lawyers scratching every page of the rule book to defend their client. Your environmental attorney will ensure that your interests are not compromised in court by the presence of so many legal experts.
