Posts Tagged ‘law’

Lineville, Alabama Dui Attorney Posted By: Joseph C. Kreps

December 4th, 2009

Lineville, Alabama DUI Attorney by Joseph C. Kreps

Just before you start thinking that everything is over, give a call to the Lineville, Alabama DUI Lawyers at www.lineville-dui-attorney.com/ at (866) 348-2889. They can help you and they are just a call away. They provide your initial consultation completely free and provide you with free information related to your case. It is important that you get in touch with the Attorneys at www.lineville-dui-attorney.com/ before it becomes too late. Once you are convicted for a first offense DUI, you may have to pay up to $2,100.00 in fines or you may end up behind bars for a year. So, before it is too late give them a call at (866) 348-2889.

The www.lineville-dui-attorney.com/ DUI Attorneys are members of the National College for DUI Defense. They are also certified per NHTSA Guidelines to administer the Standardized Field Sobriety Tests.

Consider the following while you are hiring your Lineville DUI Attorney:

1. Ask if your Attorney is certified per NHTSA Guidelines to Administer Standardized Field Sobriety Tests.
2. Find out if the Attorney is a member of National College for DUI Defense;
3. Do not consider price alone when selecting your DUI Attorney.
www.lineville-dui-attorney.com/ is an experienced Alabama DUI, reckless driving and traffic defense firm that handles DUI and traffic violations cases (including reckless driving, speeding and DUI) statewide and in Lineville, Alabama. www.lineville-dui-attorney.com/ attorneys can advise the best course of action, both for Alabama residents and out of state drivers who receive a citation on Lineville, Alabama roadways.

To speak with the Lineville, Alabama DUI, Reckless Driving and Traffic Ticket Attorneys at www.lineville-dui-attorney.com/ call us at (866) 348-2889 or email at DUI@WinWithKreps.com .

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Lowering Child Support By Investing In A New Mate Posted By: Donald P. Schweitzer

December 4th, 2009

Lowering Child Support By Investing In A New Mate by Donald P. Schweitzer

I am about to tell you something that will make no sense: getting re-married after a divorce may result in a situation where you pay less child support based on the court’s consideration of your new spouse’s income. Before you call me crazy, please give me a chance to explain . . . .

When a Family court calculates child support in California it has broad discretion as to what constitutes “income.” Consequently, trial courts have been upheld in imputing income to parties in a variety of situations. For example, trial courts have been upheld after imputing income to a party based on a reasonable return on his or her investments.

However, there is one type of income that the California Family Code expressly prohibits judges from considering, and that is a parties’ “new mate income,” except in very limited circumstances.

Family Code Section 4057.5(a) provides: The income of the obligor parent’s subsequent spouse or non-marital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor’s subsequent spouse or nonmarital partner.(Emphasis added.)

In a recent published opinion, entitled, “In Re Marriage of Knowles,” the Court of Appeal added to this rule, by holding that the trial court violated the Family Code when it considered half of the community income attributable to the subsequent spouse when it modified the father’s child support obligation.

In this case, Elizabeth and Thomas Knowles divorced and in 1995 Thomas was ordered to pay a paltry $506 per month in support of their son – Carter. On January 6, 2005, Elizabeth filed a motion to increase Thomas’ child support obligation. During the proceedings, Elizabeth asked the Court to consider as income, certain capital gains that Thomas and his new spouse (Sara) enjoyed as a result of investments they made after their marriage. The capital gains that Thomas and Sara enjoyed were more than 3.1 million. Much of these gains were invested in a brokerage account and a real estate development.

Although the brokerage account and the real estate development investments were community property of Thomas and Sara, the trial court considered the full amount in determining the reasonable return on those investments. In other words, the trial court did not reduce the value of the investments by 50 percent as a result of Sara’s half ownership.

In reversing the trial court, the Court of Appeal recited the basic concept of community property law: “Income generated from community property is community income, and an equal, undivided interest in that income is attributable to each spouse.” Thus, according the Court of Appeal, the trial court erred by including Sara’s half of the community income when calculating Thomas’ child support obligation.

In light of this decision, we can see how an obligor of child support may benefit when he invests his money with his new spouse. There are also situations where the inclusion of a new spouse’s income when calculating support lowers the obligation. This happens when the parties file their taxes jointly and the tax consequences reduce the child support obligor’s net disposable income available to pay support.

However, I would not suggest you run off to get re-married based on this article. There are, after all, some things money cannot buy, such as peace of mind and a stable relationship.

Donald P. Schweitzer
Law Offices of Donald P. Schweitzer
201 South Lake Avenue, Suite 700
Pasadena, California 91101
http://www.PasadenaDivorce.com

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Communication: Getting To Know Your Child Posted By: Denny Hagel

November 4th, 2009

Communication: Getting to Know Your Child by Denny Hagel

Communicating is an art. It is a learned skill. There are many ways to communicate, however for the purpose of this article I am going to focus on the verbal form of communicating.

Verbal communication is generally defined as the sharing of ideas, thoughts, and opinions through the process of speaking and listening. Communication is the glue that “connects” two people.

The art of communicating takes place when a thought, idea, or opinion is put forth toward another person and that person listens and “hears” what was said.

Therapists and counselors will tell you without hesitation the most important aspect of any relationship is communication.

Each day people will experience something that will affect them. It can be something small or something big. Regardless of its magnitude, it will on some level change the person. Our experiences can reinforce an idea or opinion we already have, or they can open our minds to see something in a different way. It can be something we have never experienced before. Our experiences are the catalyst for our growth.

Sharing these experiences and their effects is what builds and strengthens relationships. When we share what is going on inside our minds we are sharing “who” we are at that moment in time. We are sharing what differentiates us from each other. Our thoughts, opinions, and ideas are the ingredients of our uniqueness.

There are times when it is appropriate to just listen and not respond. In some situations, people simply have the need to have what they are thinking heard and not responded to. Being able to make that distinction is what makes communication an art form.

Knowing when to respond and when not to, is learned through experience. Paying attention to the person while he is speaking and watching for clues will tell you whether they are looking for your opinion or just needing a sounding board.

The relationship between a parent and child works the same way. Communicating with your child is what will determine the type of relationship you will share. On going communication is what will allow the relationship to deepen and strengthen.

In today’s society parents are often so busy they forget the need to consciously cultivate a relationship with their children. It is certainly not a lack of desire; they are generally placing most of their time and energy into providing for their children.

At the end of the day, they are grateful that they have been able to provide the necessities in life and devote even a small amount of time to just being with their children.

Too often, the type of relationship they have with their children is not usually examined until a problem surfaces.

It is critical to immediately, regardless of the age of your children, begin to create a relationship built on communication rather than to wait until there is a problem.

So often when a child becomes a teenager, we hear parents say they have no idea what is going on with their child. They complain that they don’t understand them and most definitely are not in agreement with the choices they see them making.

It is devastating when this reality is the result of a choice that has life-changing consequences, such as drugs, pregnancy or even suicide.

As with most things, the responsibility of teaching children to communicate lies with the parent.

Parents need to “steer” their relationship toward a bonding that includes a mutual respect and sharing of thoughts and ideas and opinions.

The most effective tool parents have to teach their children to communicate is to teach by example. In addition to your children witnessing you communicate with other people; I have two exercises that you can use to help you establish communication with your children.

The first grew out of a tradition that many families practice at Thanksgiving. Our family, like many others, goes around the dinner table and shares something we are thankful for.

Because we lead a busy hectic life, as most families do, time has always been an issue for us. With work schedules and children’s activities, a major goal for us has always been to have more quality time. We wanted time where we could connect with our children and get to know what was “going on” with them and in their lives.

So we decided to practice the “thankful” ritual on a daily basis, or at least as often as possible.

At breakfast or dinner, depending on when we are all together, we begin by sharing something we are grateful for. To encourage the children to put thought into what they are grateful for, we decided that it needed to be something besides what we call “the obvious”…….family, home, friends, food etc.

This almost always opens the lines of communication and leads us to great conversations. Children love to be the center of attention and to be listened to!

An alert parent can very cleverly turn most topics into “teachable moments.”

The second idea is something that has proven to be extremely valuable. We set up a forum in which our children can use their power, explore their identity as an individual, and gain the experience of being part of a group where people have different opinions and thoughts.

This platform has been the birthplace of a lot of character building conversations.

Many years ago we established “the family meeting” concept. It began as a way to encourage them to voice their feelings when they were very young. Over the years, it has developed into much more.

The rules are simple: Anyone in our family has the right to call a family meeting. The meeting can be to discuss, request, or share anything they feel is important to them. They are given the opportunity to speak freely without fear of reprisal. All others respectfully listen. All other family members are given the opportunity to respond. If it is a situation that affects the entire family and a decision is required, a vote is taken in which majority rules.

During our family meetings, we often find the opportunity for many teachable moments. Through these meetings, our children gain a sense that their thoughts and feelings are important and valuable.

It gives us the opportunity to stay on top of what is going on in their lives and in their minds. We are able to address anything that could lead to negative programming, unhealthy choices, or limiting beliefs.

Additionally, we have found that when a situation arises that requires conversation and we cannot address it at that particular moment due to time restraints, the children understand that it is on the agenda for the next available time for a family meeting. Knowing this, they feel that although they could not be “heard” right then, their feelings and thoughts are valued and they will be heard as soon as possible. This adds the lesson of patience as well as the fact that even though they are not the center of attention, they are important.

We have examined the importance of communication as well as suggesting activities to promote communication with your children.

Now, we will examine how to communicate with your children.

The single most important thing to remember is to listen. Do not feel that you must have all the answers…it is more important for your children to know they can say anything and talk about anything without being judged or punished.

The second important thing to remember is that it is not your job to just dictate commands for your children to obey or disobey. Nothing will breakdown a relationship quicker than the child feeling their thoughts and opinions don’t count.

It is your job to encourage and support them in determining the best solution for them not to control them.

Finally, most of all, honor your child’s individuality; respect the fact that they are their own person. Allow them to develop into who they are created to be, not a carbon copy of who we are.

The principles of the law of attraction state that what you put out will come back to you. Applying this to communicating with children, tells us that when we value and respect our children’s thoughts, ideas and opinions, they will value and respect ours.

About the Author:
Denny Hagel is co-author of “The Law of Attraction: The Next Generation” and co-owner of Innovative Parenting LLC, a company dedicated to helping parents teach the principles of the law of attraction to their children to provide them with the skills to live their best life!
For more information and insights click on:
=>http://www.InnovativeParentingLLC.com
http://www.InnovativeParentingLLC.com/blog

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Navigating Rough Waters – Divorce Process and Strategy – From Filing to Trial!

October 12th, 2009

This is part two of a two part series on the Rhode Island divorce process including divorce strategy. Part one, pertians to the initial stages of a divorce from finding a Rhode Island Attorney to filing for divorce. Please see below for a link to part one of this series.

This article discusses divorce strategy and the divorce process after filing for divorce. This article is for informational purposes only and does not constitute legal advice. It is a very bad idea for a person to represent themselves in a Rhode Island divorce without a lawyer.

Nominal or Contested Track

When a Rhode Island divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in their initial divorce filing designates the track they desire. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the “nominal track” does not necessarily mean that the divorce will be uncontested. It usually means that the party who filed believes that the case can be settled relatively quickly or wants the divorce to be settled relatively quickly.

Answer to Divorce Complaint

The defendant must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the Defendant does not answer the case he is subject to being defaulted. A default is when the defendant does not answer the case on a timely basis and the Plaintiff will usually get all of the relief that he or she requests.

Nominal divorce

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the divorce is not settled by the nominal divorce date then the case will automatically be changed to the contested track.

If the matter is not settled by the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties can attempt to settle the case in the hallway or conference rooms in the courthouse and put the case through as a nominal uncontested divorce on that date.

If the defendant has not filed an answer, it is dangerous for the defendant to not appear in court at the nominal court date based on representations made by the other party.

There have been many occasions when a souse has assured the other party that it is not necessary to appear in court and not necessary to file an answer and the defendant is defaulted and the other spouse gets 100 percent of the assets of the marriage.

On the date of the nominal divorce hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve the remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of the next pretrial conference date.

If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal. At that point the clerk and judge will put you back on the list of cases ready for the nominal hearing.

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal divorce hearing. At the nominal divorce hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify. If you don’t have the required witness your case could be delayed or even dismissed and you may waste your time attending court.

Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the Rhode Island divorce process without Rhode Island divorce and family law lawyer.

If the case was originally placed on the contested track calendar, then the clerk did not schedule any automatic nominal court date. If the case later becomes settled then the parties can ask the clerk for permission to come on a particular date for the nominal divorce hearing. Otherwise the parties can wait for a motion date or the pretrial date to do the nominal divorce hearing.

Discovery in RI Divorce

After the divorce is filed the Plaintiff and or the defendant can at their option proceed with “discovery”. Discovery in general is the process by which the parties get information or admissions from the other party. Discovery is most important and perhaps crucial in a case when a spouse is unaware of the nature and extent of the marital property and estate. Discovery can be also useful to obtain documents or other tangible evidence that is needed for settlement or trial.

The Rhode Island discovery process also can be used to obtain admissions of certain allegations. While it is unethical and perhaps immoral for a person to lie about cheating or an affair to their spouse it is not illegal or criminal for a person to lie to their spouse about an affair. If a person lies under oath either in testimony or in a written document under oath they may be committing the crime of perjury.

Also if a judge believes a party is lying under oath there could be stiff sanctions and penalties including a referral to the attorney general for prosecution. However, in reality, most incidents of lying in family court are not prosecuted as crimes. Many attorneys use request for admissions or interrogatories to force the other party to state under oath whether or not they had an affair and the extent and details concerning the extra-marital affair / cheating/ infidelity.

There are several discover mechanisms that can be used: interrogatories, request for production of documents, request for admissions, depositions, subpoena duces tecum, subpoenas etc.

Interrogatories

Interrogatories are written questions that a party may sends to the other party. Each side is allowed up to 32 interrogatories. Interrogatories can be helpful in obtaining lists of assets, allegations that will be made by your spouse or other useful information. This information requested can run the gamut from child support to marital infidelity and may include: child custody issues, child visitation, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate issues, estate planning and trust issues, personal injury claims, domestic violence / restraining orders, criminal history, valuation of assets, mental health history and any Rhode Island family law issues.

Interragaoties must be answered in the time frame set by the Rhode island domestic Court Rules. Interrogatories are usually partially written and also reviewed by your husband or wifes’ lawyer. Therefore, while a valuable tool there are some limitations to the usefulness of the information received.

Request for Admissions

Requests for admissions when used appropriately can be a powerful discovery tool in a RI divorce. Request for admissions are written requests usually prepared by the attorney, which the other party must reply within a short period of time. If the party does not reply to the request for admissions within the applicable time the allegation will be deemed admitted.

Depositions

A Deposition is when a party usually through their lawyer can ask their spouse questions under oath in front of a court reporter. In Rhode Island family Court, a party must obtain leave of court / permission from the court in order to take a deposition. Motions to take deposition of the other party are almost always granted by Family Court Judges. Depositions are powerful yet expensive discovery tools. A deposition usually is effective because the attorney can ask the other party questions face to face. The attorney can ask follow up questions and can ask questions in different ways. This is particularly effective if a party is being evasive or less than forthcoming. There is very little the other attorney can do to help their clients answer the questions during a deposition.

Depositions are very expensive because the Court reporters transcript could cost several hundred dollars. Also the attorney doing the deposition will need perhaps several hours to prepare for the deposition. Also both attorneys will need to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics then interrogatories.

Request for Production of Documents

Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records concerning: pension plan documents, 401k records, retirement accounts, employment documents, wage documents, health insurance records, stock accounts, estate planning documents, bank statements, real estate documents etc.

Subpoena

A Subpoena Duces Tecum can be very effective in obtaining documents from third parties such as bank records, stock records, employment and wage records and other documents.

The third part of this three part series which is coming soon addresses preparing for a Divorce trial to the actual divorce trial to the entry of Final Judgment

David Slepkow is a Rhode Island Divorce and Family law lawyer / attorney concentrating in divorce, family law, child support, custody, visitation, adoption and relocation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court.

David also handles Rhode Island personal injury, slip and fall and automobile accidents as well as litigation and landlord tenant matters.

David always offers free initial consultations and accepts all major credit cards. Please goto http://www.slepkowlaw.com for more legal information or to contact David Slepkow. You can also call attorney David Slepkow at 401-437-1100.

For a list of Rhode Island law articles written by Rhode Island divorce lawyer, please visit: http://www.slepkowlaw.com/ri-law.htm

Where Can I Find Divorce Records?

October 1st, 2009

Background checks are handy for various reasons, and divorce record searches are often used to conduct background checks. Since divorce records fall under the jurisdiction of the state government, the information from these records are usually accurate and up-to-date. There are various online divorce record search providers which can be useful in obtaining the information from divorce records and other public records such as marriage, birth and death records.

Public records are a rich and accurate source of information. A standard divorce record can contain the names, addresses, date and place of divorce, reason for divorce, children, custody, alimony, among many other details.

Public records databases contain hundreds of millions of public records compiled over the years from various sources. This grants you the position to search for information on someone using their marriage, divorce, birth, court, phone and other types of records.

Marriage, birth and death records also provide the same level of detail as a divorce record. Divorce records are administered by the Vital Records Office, and certified copies for legal reasons such as immigration and remarriage can be obtained there.

With divorce being such a sensitive topic, credibility is often a paramount concern. The major online divorce record search providers guarantee confidentiality and accuracy. An annual membership fee is a small price to pay for all the information you need to conduct background checks.

By entering the name of the individual you wish to search for, you can view all these records in order to get an overall view on someone’s background and past. This allows for background checks to be conducted quickly and efficiently, with guaranteed privacy and confidentiality.

Search Divorce Records Your County Registry — Go to http://www.countyregistry.org/divorce-records/.
Once logged in, you can search any public records, court records, criminal records, property records, and even get background checks on people.

Where Can I Find Divorce Records?

October 1st, 2009

Background checks are handy for various reasons, and divorce record searches are often used to conduct background checks. Since divorce records fall under the jurisdiction of the state government, the information from these records are usually accurate and up-to-date. There are various online divorce record search providers which can be useful in obtaining the information from divorce records and other public records such as marriage, birth and death records.

Public records are a rich and accurate source of information. A standard divorce record can contain the names, addresses, date and place of divorce, reason for divorce, children, custody, alimony, among many other details.

Public records databases contain hundreds of millions of public records compiled over the years from various sources. This grants you the position to search for information on someone using their marriage, divorce, birth, court, phone and other types of records.

Marriage, birth and death records also provide the same level of detail as a divorce record. Divorce records are administered by the Vital Records Office, and certified copies for legal reasons such as immigration and remarriage can be obtained there.

With divorce being such a sensitive topic, credibility is often a paramount concern. The major online divorce record search providers guarantee confidentiality and accuracy. An annual membership fee is a small price to pay for all the information you need to conduct background checks.

By entering the name of the individual you wish to search for, you can view all these records in order to get an overall view on someone’s background and past. This allows for background checks to be conducted quickly and efficiently, with guaranteed privacy and confidentiality.

Search Divorce Records Your County Registry — Go to http://www.countyregistry.org/divorce-records/.
Once logged in, you can search any public records, court records, criminal records, property records, and even get background checks on people.

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