Why you should pay child support

Posted by on Oct 28, 2017 in Child Support | 0 comments

Child support, for those who have to pay it, can be a huge burden. The amount of money expected can end up leaving some parents deeply in debt and struggling with their own bills. At such moments, it can feel unfair that so much financial burden is placed on their shoulders. In order to give a reminder why they should keep paying, no matter the struggle, here are a few points from the law firm of Marshall & Taylor (which specializes in child support) to keep in mind.

-Childcare pays for a child’s health

Everyone knows that health care is expensive in America. If a parent doesn’t provide child support, it may be that the other parent would not be able to afford a decent insurance policy, in which case the child would be at greater risk. No expense should be spared to keep a child healthy.

-Child care can be saved for education

Another great expense in American life is college. Although the other parent might be able to afford to keep up a decent living for the children, that parent may still struggle to have anything left over to save towards a good education. Child support fixes this problem and allows the parents to work together (no matter their relationship) to save for the future of their children.

-Child care can keep a roof over a child’s head

Sometimes, things are more desperate than that. For some parents who have custody of children, they are unable to even afford to provide a decent home. In such cases, it would be absolutely unforgivable for child care not to be provided. No child deserves to struggle to find a safe place to sleep at night, particularly if they wouldn’t otherwise have to.

-Child care can put food in a child’s mouth

This may be the most important point of all. It is hard for divorced parents to truly know each other’s circumstances. It may be that the parent with custody is struggling even to put food on the table. If this is the case, the other parent has an absolute responsibility to be aiding his or her children in every way possible.

-Not paying can lead to legal action

A final incentive for those unmoved by the above situations. Not paying child support can lead to fines and even jail time. So, even if a person wants to avoid the payments, they have absolutely no legal right to do so, and failure to pay can lead to some very severe penalties.

There are times when child support can seem unfair. For many, they do not see the benefits listed above, but only a former spouse living in their former home, enjoying a better life with the extra money. That may be the perception, but the reality is that without that money, the children would undoubtedly suffer.

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Dangers of Truck Driving

Posted by on Sep 9, 2017 in Overtime | 0 comments

It’s no secret that truck drivers are subject to very demanding work conditions. Trucks are in many ways the lifeblood of America, moving food and supplies around America. The companies they work for are on tight schedules, and as a result, many truck drivers have to work hours that would seem insane to the average American. The Department of Transportation limits truckers to an 11 hour work day and a 70 hour work week, but many work much more than that. A recent USA Today study found some truckers who were working up to 20 hours a day.

Working these kinds of hours can be exceedingly dangerous, not just to the health of the truckers but to the well-being of everyone else on the road. Driving while fatigued is very dangerous, and studies have shown that fatigue is just as debilitating as intoxication while driving, in some cases even more so. There’s a reason that regulations exist around trucker’s working conditions, and an employer that is too demanding and wants to skirt those laws puts not just their employees but the general public at risk.

Luckily for truck drivers, there are several regulations put in place by OSHA that protect trucker’s right to rest. OSHA ensures the right for drivers to make complaints about safety violations to their employers and the DOT, and the right to refuse service on the grounds of exhaustion or sickness. They also enforce the working time limits put in place by the DOT.

Unfortunately, many truckers don’t take advantage of these rules, and OSHA is not strict enough on trucking companies to stop them from violating the rules either. This means that many truck drivers on the road today are working twice as much or more per day as a typical American. These drivers are at a much higher risk for accidents and are at risk for the many health issues associated with prolonged fatigue.

All of this is due to the disproportionate power that trucking companies hold over their employees. Often, truckers lease their trucks from the companies that employ them and have to work long hours to make the monthly payments on them. Aside from this form of economic control, it is very difficult for truckers to prove why they were fired if they are let go. If a driver makes a complaint against his employer and is then terminated several months later, it is very difficult for them to prove that their complaint was the reason for termination.

To combat the problems associated with long hours, it’s important that truck drivers know their rights as defined by the DOT and OSHA and be sure to take advantage of those rights if they are violated. If their company decides to retaliate and terminate them for exercising those rights, good legal representation, combined with meticulous record-keeping, is essential to ensure that the company is fully prosecuted and held to account for its wrongful termination.

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Car Accidents: Who’s Responsible and What Should I Do?

Posted by on Aug 14, 2017 in Car Accidents | 0 comments

With constant construction, aggressive drivers and countless distractions, today’s roads can be very dangerous. You do your best but, unfortunately, you can still be involved in an accident. When it happens, you might be overwhelmed by the rising costs and frustrations associated with medical expenses, car repairs, and insurance. Fortunately, you may not be completely responsible for the accident and, if so, you might be entitled to reparations from one or more of the other parties involved. In this article, we will explore some of the things that might have caused the accident for which you should not be held liable. Finally, we will discuss some of your options if you decide to pursue legal action against one of the other parties.

A Milwaukee car accident attorney can represent automobile vehicle accident victims in instances concerning driver error, reckless driving, speeding, drunk driving, mechanical defects/malfunctions, and highway defects. Let’s explore some of these in depth:

  • Driver error is wide-ranging and can include behaviors like failing to use turn signals, being distracted by the radio, merging lanes without checking first, or driving up a one-way street.
  • Reckless driving, although similar, includes more specific behaviors like aggressive or careless driving, swerving, or any other behavior that unnecessarily endangers other drivers.
  • Mechanical defects and malfunctions do sometimes cause car accidents. If a driver reasonably fulfills all of her maintenance expectations and/or the accident is caused by an engineering/design/manufacturing problem over which the driver had no control, the liability of the wreck might fall on another party, such as the car manufacturer.

If you believe your accident was caused by a mechanical malfunction, you should contact a lawyer to see if you qualify for representation and potential compensation for your damages. Just like car companies, governments too can be held responsible for car accidents. Some car accidents are caused by potholes, unreasonably narrow roads, lack of signage, poor road construction or other highway defects. If any of these cases are in any way related to your car accident, you should consider contacting a lawyer to determine if you have any legal recourse for your damages.

What should you do following the accident?

Immediately following an accident, even if you don’t plan to sue, you should gather as much information as possible by taking pictures and getting witnesses. There will typically be an investigator on the scene to determine the cause of the wreck if no one takes responsibility. However, it is still important that you gather your own information so that it could be used in your case. Furthermore, before accepting any insurance settlement from the other parties’ insurance provider, you should seek legal counsel to make sure you are fairly compensated and won’t sacrifice any of your rights to sue for more reparations. Costs associated with car accidents come in the form of physical injury, medical bills, higher insurance premiums, car repairs, loss of time and sometimes, loss of life. If you have been involved in an automobile accident and want help with these costs, contact an attorney.

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Walking Away From Your Home Rather than Suffering the Effects of Foreclosure

Posted by on Feb 10, 2014 in Bankruptcy | 1 comment

Homeowners, who are faced with the threat of losing their home due to delinquency in the payment of mortgage, but who still hope to save themselves from the negative effects a foreclosure will make on their credit rating, may resort to either a short sale or, the now becoming popular, deed in lieu of foreclosure.

In the deed in lieu of foreclosure arrangement, a homeowner is still bound to lose ownership of his or her property; the homeowner’s financial incapability causes him or her to surrender his or her property to the lender in exchange of the cancellation of the loan. This arrangement also does away with the necessity of filing for a foreclosure proceeding, saving both lender and loaner from the inconveniences and fees associated with it. If you are facing foreclosure, make sure to contact a Cedar Rapids foreclosure defense lawyer today to learn more about your options.

Prior to the actual acceptance of the deed in lieu of foreclosure, however, the loaner may be required to put his/her property on the market, usually for a duration of three months (there are instances, though, when property owner is simply asked to turn over the deed/title to the lender). If asked to sell his/her own house, this is because lenders would, as much as possible, prefer not to incur costs associated with maintaining and selling it.

A deed in lieu arrangement will definitely not cause a major effect on your credit, just make sure that the lender agrees to forgive whatever balance on the loan may still remain after your property has been sold. But to enjoy all the benefits a deed in lieu of foreclosure can provide, you first have to qualify for it. Eligibility for this arrangement requires that your property does not have tax liens on it and that you do not have home equity loans or any other existing mortgages.

There are lenders, especially those who already have more than a handful of foreclosed properties, who would not be willing to accept a deed in lieu proposal. They would rather take cash for payment of mortgage. There are also lenders, however, who would think twice before rejecting the proposal, knowing that a foreclosure would be more costly on their part.

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Make Sure that You File Your Avandia Claims Lawsuit on Time

Posted by on Oct 15, 2013 in Lawsuits, Pharmaceutical Drugs, Product Liability | 2 comments

The introduction of the oral drug Avandia or Rosiglitazone was welcomed by doctors as it served as a great alternative to patients who, for medical reasons, could not take Actos or any other drugs for Type II diabetes. Rosiglitazone was either manufactured alone or was combined with other drugs to form a new medication; such is the case with Avandamet (Rosiglitazone combined with metformin) and Avandaryl (combination of Rosiglitazone and glimepiride).

Avandia can be prescribed alone or with another diabetes medicine and is usually taken with proper diet and exercise. It is, however, not intended for type 1 diabetics due to their system’s inability to produce enough insulin or total failure to produce insulin.

Avandia was manufactured by the UK pharmaceutical company SmithKlineBeecham Corporation and approved for distribution by the US Food and Drug Administration in May 1999. SmithKlineBeecham Corporation is now registered under the name GlaxoSmithKline after its merger with another UK firm, Glaxo Wellcome, in January 2000. The merger resulted to the formation of world’s largest drug company.

After becoming Glaxo’s second most-bought product and after being prescribed to more than six million patients worldwide, Avandia’s sale dropped following a public warning by the FDA which said that the drug increased the possibility of congestive heart failure and fatal heart attack in patients. It was even issued a block box warning, FDA’s most serious warning on a drug due to its life-threatening effects.

Different studies made on the drug, however, showed conflicting results; this means that while many did suffer from heart ailments, some others did not. Thus, despite the black box warning, the FDA decided not to recall the drug; it required further studies about Avandia, however.

The many cases of heart ailments and deaths where Avandia is named to be the cause, plus Glaxo’s failure to include on the drug’s label its risks to health are enough to render the firm negligent of its responsibilities towards millions of patients. This means patients can run after Glaxo for compensation. But, according to the National Injury Law Center, patients ought to know that there is a statutory deadline for filing claims; missing this deadline will outrighlty disqualify them from making any claims.

The National Injury Law Center has been, and continues to be, a dedicated defender of patients’ rights. It has a website where patients’ questions about drugs’ adverse effects and medical errors are clearly answered and patients’ legal options are provided. Know if you are qualified to file a lawsuit claim, but make sure you file it on time, otherwise, you lose this right totally.

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Popular Bitcoin Exchange Topic of Breach of Contract Lawsuit

Posted by on Oct 11, 2013 in Lawsuits | 2 comments

Popular Bitcoin Exchange Topic of Breach of Contract Lawsuit

The world’s top Bitcoin exchange, Mt. Gox, is facing a breach of contract lawsuit after allegedly failing to meet the contractual obligations of the partnership it signed with CoinLab. The partnership was designed to simplify Japan-based Mt. Gox’s business with Bitcoin traders in the United States and Canada in light of proposed regulations.

Bitcoins are a virtual currency generated by a complex hashing algorithm. A Bitcoin is generated when a computer solves the algorithm. The complexity of the hashing algorithm increases with every Bitcoin that is generated, meaning the next one will take longer to be discovered. The process of generating Bitcoins is called “mining” and people build powerful computers for the sole purpose of mining the anonymous currency. Over the past few months, the price of Bitcoins has fluctuated dramatically, reaching a high of $266 per Bitcoin in April, and then dropping to their current (as of writing) value of $90 apiece. Presently more than $23 million worth of Bitcoins have been mined around the world.

Mt. Gox is a business that exchanges Bitcoins for physical currency. Since Bitcoins are not yet a widely accepted form of payment, the service enables Bitcoin owners to increase the liquidity of their investment in the virtual cash. Mt. Gox entered a deal with CoinLab in February, allowing the smaller company to handle all of its U.S. and Canada transactions. However, CoinLab claims that Mt. Gox failed to share crucial information and server access it needed to carry on its duties as a Bitcoin exchange, resulting in a breach of contract.

In all, CoinLab claims Mt. Gox breached its contract in at least eight different ways. The lawsuit seeks $75 million in damages and is sure to keep business lawyers on both sides of it busy for months to come. Hopefully they can settle their dispute soon, and in a way that does not harm the people who have put their faith in both of these companies.

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Computer Professionals Exempt from Overtime Pay

Posted by on Oct 10, 2013 in Overtime | 2 comments

Most states closely follow the rules and regulations as they are set down in the Fair Labor Standards Act (FLSA). As such, the exemptions from overtime pay is also followed, including the sections that describe some computer or information technology employees who are considered professionals and defined under the Electronic Code of Federal Regulations Part 541 Subsection E (updated as of March 21, 2013) which states:

“Computer systems analysts, computer programmers, software engineers or other similarly skilled workers in the computer field are eligible for exemption as professionals under section 13(a)(1) of the Act and under section 13(a)(17) of the Act.” The “Act” refers to the FLSA.

and

“The section 13(a)(1) exemption applies to any computer employee compensated on a salary or fee basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities, and the section 13(a)(17) exemption applies to any computer employee compensated on an hourly basis at a rate not less than $27.63 an hour.”

However, having a job title that is included in the above passages does not mean the employee is automatically exempted from overtime pay. Both the FLSA and eCFR specify the primary duties of a computer-related employee which include:

  • System analysis application, procedures, consultations with regard to system or software functions
  • Computer system or program design, analysis, development, testing, modification, documentation or creation related to user systems, system design or machine operating systems

Moreover, a computer-related professional should not use more than 20% of work hours engaged in non-primary functions. Excluded in these definitions are employees engaged in computer part manufacturing or repair, and whose computer use does not involve the design, programming or system analysis of software. So a data encoder, for example, is not considered exempted from the overtime law in many states.

Facing a lawsuit from an employee who does not feel as though he or she is being compensated adequately can be incredibly costly. If you do not know if any of your employees are exempt from overtime pay, it is important to get in touch with a business attorney to make sure you are in compliance with payroll laws in your state.

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