Month: October 2021

Divorce is stressful and expensive for a couple. The end of a marriage is second only to the death of a spouse in terms of the turmoil it causes. Where costs are concerned, the legal fees generated by a complicated divorce can be exorbitant.   

When a divorce is uncontested, there are other less expensive and less stressful options available. A flat-fee divorce attorney in Florida can help you reach a settlement without waiting months or even years. As thorough as a contested divorce, a flat-fee divorce is quicker and much less costly. 

What is Flat-Fee Divorce Representation?

A flat-fee divorce is one where instead of charging an hourly fee for services, the divorce lawyer charges a predetermined flat rate. This fee covers all costs related to the case provided the divorcing couple has already made most of the decisions concerning children and assets beforehand.

The process of a flat-fee divorce is straightforward and easy for the attorney who can typically guess the rounded cost. It works well when both parties are in agreement about the division of property and financial obligations related to the divorce. 

What You Should Know About a Flat-Fee Divorce 

A traditional divorce attorney will charge an hourly rate plus extra fees for expenses such as printing and delivery. Clients must also pay for legal processes like filing a motion with the state, discovery of assets, and trial preparations.  

A flat-fee divorce covers the same issues as a contested divorce but includes all costs related to the filing in one up-front rate.

Child Custody

When a custody battle is part of a divorce, the children often suffer. If both parents can reach an agreement concerning child custody before filing the case, it makes for a faster, less painful process for all involved. 

Alimony

If the goal is to pay no alimony, divorce proceedings can be more complicated and lengthy than when both parties agree beforehand on a settlement that is reasonable and fair. If spouses are in the latter category, a flat-fee divorce is both possible and preferable.

Child Support

Florida courts have a policy allowing both parents to have frequent and continuing contact with their children but take into account what parent will pick up the majority of child responsibility after a divorce is final. When couples can be civil toward each other concerning their children’s welfare, they won’t have to spend hours in court trying to reach an agreement.

Division of Property

A flat-fee divorce is a good solution when both parties have reached a settlement regarding the division of assets and debts. Couples who meet these criteria can achieve a successful outcome while controlling divorce costs and minimizing life disruptions.  

If you can come to an amicable agreement with your spouse on parenting rights and assets, a flat-fee divorce will save you both time and money. The entire process can take as little as 20 days to complete without extensive court proceedings and other fees that can drive up costs. Your uncontested Florida divorce can be finalized in a matter of weeks. 

Get Experienced Legal Help for Your Flat-Fee Divorce 

A flat-fee divorce can alleviate the burden and distress associated with dissolving a marriage. A professional legal team will draft all the necessary legal documents and efficiently navigate your divorce proceedings through the Florida court system.

If you find yourself in need of a divorce, get legal help for a flat fee option.

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People usually make the mistake of thinking that personal injury lawyers are all the same, and therefore, it does not matter whom they hire. However, nothing can be further from the truth as it is imperative to find a good lawyer who will represent you in court and get you compensation for your injuries. An example of personal injury lawyers is Breakstone, White & Gluck. Below are some mistakes that people make while choosing an attorney:

Wrong instincts

The biggest mistake that most individuals make while hiring an attorney is going with their gut instincts and hiring whoever happens to be available. This leads to situations where clients get represented by law firms with no experience in dealing with cases related to their specific type of case. Moreover, these attorneys may not have any legal background in this field, which makes them useless.

Research

It is always recommended to do your homework and ask pertinent questions about the law firm’s experience with cases like yours. You should also consult with family or friends who can recommend you a good lawyer or at least guide you in choosing one for yourself instead of looking around randomly. Ensure that your attorney specializes in personal injury claims. Only then will they be able to provide you with satisfactory service.

Confidentiality

Attorney-client confidentiality/privilege is considered an essential part of this relationship. Still, numerous clients disregard their responsibility when utilizing attorneys, which leads to loss of confidentiality whereby insurance companies are informed about your case, consequently reducing the amount you receive in compensation. Suppose the attorney chooses not to share information about their client with the insurance company, and the attorney has no way of knowing that this person has done so. In that case, they cannot be held accountable for revealing information. While it is understandable that everyone needs to share their story, it is always better to ask your attorney whether you can talk about your case before disclosing any information.

Wrong communication

Other than breaching confidentiality by sharing facts of the case with friends or family while waiting for their lawyer to prepare for court, people also make mistakes while communicating on the phone, leading to loss of attorney-client privilege. Such privileges are considered sacred in legal practice, but there are numerous ways through which they can be lost. For example, if an individual accidentally mentions another party’s name during a phone conversation, the entire conversation becomes part of the public record. Similarly, if someone accidentally discusses their injuries or any progress in a case during a phone call, this will become available to insurance companies.

Therefore, it is recommended that individuals must always ask their attorney beforehand whether they can discuss anything related to their case before doing so. Otherwise, keep all communication strictly professional and formal instead of personal and casual. Additionally, do not sign any document without reading it entirely, as ignorance cannot be used as an excuse in the court of law.

Finally, most people ignore hiring an attorney because they presume that they are getting more than enough compensation for their injuries or loss of life due to some accident. However, everything should be taken into consideration before making a final decision.

One must never forget that, along with money, many other things cannot be compensated for by any amount of money in this world, such as loss of life, pain, suffering, etc. It is appropriate to hire a personal injury lawyer compared to representing yourself. In addition, when you hire an attorney, they can guide you in getting an appropriate settlement from the insurance company or court in your favor, so in return, you get fair compensation for the injuries sustained due to some accident.

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Wage Garnishment in Florida

The terms of a divorce are final and legally binding. When one party is in default, the courts may reconcile the deficiency to keep both people in compliance. The area that is most likely in default is child support. Wage garnishment in Florida is often the preferred method of retrieving those funds.

Other steps are sometimes taken to keep the child support regular and as ordered. Though wage garnishment is the preferred method of collecting back child support, the court can also institute collection through other means.

  • Interception of tax refunds: If ordered child support payments are not current and the parent in default has a state or federal tax refund, this money can be seized and applied to the outstanding balance. The dependent tax exemption can also be ordered to the payee if unsatisfied child support payments exist.
  • Worker’s compensation payments: Worker’s compensation, in effect, is the replacement of wages due to being injured on the job. When child support calculations are made, worker’s compensation is included as a possible source of income.
  • Unemployment benefits: A child support order remains in effect even if they are not working, meaning they will still owe the monthly payment established by the court.
  • Personal property liens: Liens can be attached to personal property until the child support obligation is satisfied.
  • Additional penalties: Other penalties could be enforced as well if child support payments are in default.  Penalties can include the suspension of a driver’s license, passport denial, or even the suspension of business licenses.
  • Contempt of court: A judge can find the offending party to be in contempt of court for refusal to obey the court ruling of child support.  This could possibly result in a fine or even jail time.

How Wage Garnishment in Florida Works

If a court order is in place, making one person legally responsible for regular child support payments, this person must abide by that court order. The law provides that their failure to do so has certain solutions for the custodial parent, including the garnishment of wages.  

Collections of overdue payments

Child support has been determined by the court to cover financial support for dependent children. The amount of child support is based on Florida’s Child Support Guidelines and includes the parents’ income, custody rights, and the number of children. It is expressly for the benefit of the child. If child support payments are overdue, it is sometimes necessary for the courts to seize the funds by garnishing the wages of the paying parent. The Florida Department of Revenue has the authority to garnish up to 50-65% of the parent’s disposable income to satisfy the overdue payments.

 Letter to Employer

Once the garnishment has been ordered by the court,  the parent’s employer will receive a letter and a copy of the court order. The employer is required to garnish their employee’s wages in the amounts stated by the court order. The employer notifies the employee of the garnishment, giving them the opportunity to contest the garnishment or the amount of the garnishment. The Consumer Credit Protection Act strictly prohibits employers from discriminating against any employee because of a wage garnishment, meaning they can be treated no differently and cannot be fired because of the garnishment.    

Wage garnishments are automatically deducted from an employee’s paycheck and the employer is obligated by law to continue the garnishment until notified that it has been modified or satisfied.

Get Legal Help

A family law attorney will advocate for the protection of the children involved in a divorce, family custody award, or child support. If you are entitled to child support and it is not being paid as ordered, you need a family law attorney who has the experience to help you get the money that you are fairly owed. If you are getting your wages unfairly garnished, or are in need of a child support modification, a family lawyer will help you get the legal support you need. 

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It is against the law for an employer to deny you employment or an opportunity for a promotion just because you’re pregnant or have a desire to have children in the future. Discrimination towards pregnant women is illegal under federal, state, and local legislation. While laws vary in scope and conditions, one thing is certain and that is pregnant women cannot be treated less fairly in her job as other non-pregnant employees. Under the law, a pregnant woman, or a woman recuperating from childbirth, is also entitled to job modifications, schedule changes, flexible time arrangements, and even paid time off from work.

What Are the Signs of Pregnancy Discrimination?

Pregnancy discrimination can take a variety of forms, some of which may be apparent and others that are not. It’s essential to be on the lookout for any signs of discrimination, no matter how minor or insignificant it may seem, because these early warning signs can often foreshadow more serious behaviors. If you encounter signs of pregnancy discrimination, then you may immediately file a complaint or take it to court if worse comes to worst. The following are some common instances that may indicate impending pregnancy discrimination:

  • Questioned about pregnancy or children during the employment process.
  • Constant criticism of your work which never happened before you were pregnant.
  • Promotion or raise discussions are put on halt.
  • An unexpected reduction in employment responsibilities.
  • Being excluded from any company meeting or events.

Employment Equality for Pregnant Employees

  • Maternity leave eligibility

If you are working while pregnant, you are eligible for 52 weeks (1 year) of maternity leave, regardless of how long you have been with your company. This consists of 26 weeks of regular maternity leave and another 26 weeks of extended maternity leave. There are also additional rights for pregnant women including foster and adoptive parents under the Family and Medical Leave Act (FMLA) that you need to be aware of. You may also propose that your employer provide flexible working arrangements if you desire to return to work after your leave.

  • Protection against unfair dismissal

A pregnant woman must know all her rights and laws regarding the pregnancy to protect herself. Women are safeguarded under the Pregnancy Discrimination Act (PDA) which makes it illegal for employers to discriminate against pregnant employees. Some of these discriminating acts are unfair dismissal, unequal opportunities for a promotion, and unfair treatment which will be covered in the next points. Under this law, you cannot be fired just because of your pregnancy or other pregnancy-related circumstances. Getting fired because of this reason is deemed unjust, and you can file an unfair dismissal suit.

  • Equal opportunities for a promotion

When you’re pregnant, there’s no justification why you shouldn’t seek a promotion. Equal opportunities must be given to pregnant women as well. When deciding whether or not to hire or promote you, your employer cannot take your pregnancy into account.

  • Fair treatment among employees

The Pregnant Workers Fairness Act is a measure proposed in the United States Congress in 2017. The Act bans employment practices that discriminate against pregnant employees from making rational accommodations for pregnancy, delivery, or associated medical problems. There should be fair treatment among employees, just because there is a pregnant woman doesn’t mean that she will be treated unfairly.

Conclusion

Employers should treat pregnant women who are temporarily unable to perform work responsibilities owing to a pregnancy-related medical condition in the same manner that they treat employees with any other temporary impairment. Some pregnancy-related illnesses may be classified as disabilities under the Americans with Disabilities Act (ADA) and may necessitate appropriate accommodations from an employer. For example, if a pregnancy-related ailment significantly impairs main living activities in a way that is not typical of a normal pregnancy, a woman’s employer may be obliged to make specific adjustments to comply with the ADA.

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When you purchase a product, you hope that it is going to serve its purpose. After all, that is why you bought it to begin with. Sometimes, though, aspirations are squashed when the item doesn’t live up to its name or promotion. Do you toss it in the trash? Is there something you can do about it? When a product fails, take action. The following are four things you can do.

  1. Return It to the Store

Save receipts for at least a month after you get something new. Often, the retail will accept returns for products that don’t live up to expectations or that break. Bring the defective item and the receipt with you to customer service. Request either a refund or a store credit. Also, it could be a fluke in manufacturing. You may ask for the purchase to simply be exchanged for another functional one.

  1. Call the Company

If the selection is genuinely fragile or fails to carry out any service, reach out to the company itself and complain. You may call the customer service hotline or write an email. Nowadays, the response is also received sometimes through social media. Post a picture of your purchase, and provide a weak review for others to see. Agents may reach out to you to rectify the matter.

  1. Seek Legal Help

There are times when objects may injure or hurt someone, despite the user operating it correctly. If you buy something, and it causes danger, then reach out to attorneys in Jacksonville FL, who understand product liability law. These specialists may be able to assist in recovering medical damages.

Unfortunately, not everything you buy lasts. While sometimes you may toss something in the trash, there are ways to recoup your money and make matters right. Work with stores and companies to get a refund or new item, and if something harmful happens, allow lawyers to fight for your reparation.

 

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Dementia is a medical condition in which people begin to lose a sense of understanding about themselves or the world around them. Those suffering from the affliction may find themselves shifting in personality, forgetting details and people, and becoming confused throughout the day. The sense of feeling lost is likely as you realize that you may not know who you or your loved ones are.

During the early part of your diagnosis, there may be ways to protect yourself and elongate your mental health. Try the following four things.

  1. Listen to the Doctors

While a cure does not exist, doctors seek therapies to alleviate symptoms and prolong life; therefore, patients need to speak candidly about symptoms and struggles, seeking ways to improve daily life medically. Physicians may assess your current state and then prescribe medicines that boost the brain’s memory and cognitive function.

  1. Plan for the Future

While you are still in full cognitive function, start to plan for the future. Dementia progresses differently for each person, and it’s best to have a written plan to guide your family in your personal wishes. Meet with a lawyer who specializes in the field of power of attorney Raliegh NC. Select someone you trust to take over your medical and financial interests when it becomes necessary.

  1. Spend Time on Yourself

Now is the time to truly indulge in what you love. Spend time seeing friends and family, making memories for you and them. In addition, devote yourself to your passions. Enjoy as much as you can.

  1. Stimulate the Mind and Body

Exercise the body and mind. Puzzles and games may assist in elongating your mental acuity, and regular physical assertion could combat dementia’s progress.

A dementia diagnosis doesn’t mean your life is stopping now. It may seem scary, but you still have the power to make decisions and battle the disease. Work with medical professionals and your family to strive to seek answers.

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Heavy traffic and negligent drivers put pedestrians and cyclists at risk of getting hit by a car every single day. If you have recently suffered injuries after a driver hit you, Personal injury law entitles you to take action to receive compensation for your injuries. However, you need to take certain steps to protect the value of your claim and ensure you have the best chances of recovering the maximum damages for your situation.

Immediately after a car hits you, it’s likely that an ambulance transported you to the nearest emergency room for treatment, and local law enforcement came to the scene to investigate. The following tips provide guidance in the hours, weeks, and months after your accident:

Seek Medical Treatment After You Were Hit by a Car

If you were fortunate enough to remain conscious and walk away from an accident after a car hit you, you still need to let a doctor check you out. Your medical record serves as evidence that your injuries occurred because a car hit you, giving you leverage for your pedestrian accident case. Some choose to avoid medical treatment because they have a high pain tolerance and do not want to go to the hospital. Pain and soreness sometimes indicate hidden injuries, like traumatic brain injuries, broken ribs, and internal organ damage, which can be fatal when left untreated. Your health and well-being are the top priority.

Keep Records of Economic Loss

After being hit by a car, the value of your pedestrian accident injury claim heavily depends on the amount of economic loss you suffer because of your injuries. This includes medical bills, lost wages, and other damages. Whether filing an insurance claim or a personal injury lawsuit, you must prove every penny of your economic loss. Save every bill and receipt and make a digital file with copies of them to ensure you have the evidence you need to recover your losses. Common documents that serve as records of economic loss include:

  • Ambulance bill
  • Hospital/Doctor bills
  • Rehabilitation bills
  • Pay stubs to prove lost wages and benefits
  • Gas receipts for travel costs to and from doctor/hospital
  • Receipts for items/labor needed to make a home more accessible after injury
  • Receipts for replacement services, such as lawn care, childcare, and handyman services

It’s best to save everything. Your car accident lawyer can help you edit and advise you on which items you can get money for.

Keep a Daily Journal

The law also permits you to seek compensation for non-economic damages after you’ve been hit by a car. Non-economic damages include things that are difficult to quantify, such as pain and suffering, diminished quality of life, and loss of consortium. Your attorney will use their experience and your medical records to place a value on this portion of your claim, but you can ensure those involved understand the full impact of your injuries on your life by recording your physical and emotional feelings in a daily journal. Your journal entries should include things like:

  • A description of your physical pain in comparison to the previous day or week
  • Discussions of things you cannot do, e.g., raise your arm, walk, turn your head
  • Discussions of things you missed out on because of your injuries, e.g., child’s birthday celebration, work, yearly family vacation
  • Negative emotions you are feeling because of your injuries, such as anger, sadness, depression, and humiliation

Consult an Experienced Accident Injury Lawyer

Suffering severe injuries after getting hit by a car comes with emotional and financial stress on top of the physical pain of injury and healing. In the aftermath of your injuries, let an experienced car accident lawyer help you fight for the compensation you deserve. Your attorney can investigate the accident and uncover facts to support your claim. Skilled lawyers also help their clients by handling communication with the other driver’s insurance company, negotiating a settlement, and presenting your case to a court when settlement is not an option.

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Cases For Obtaining Delinquent Child Support In Florida

It can be quite difficult to obtain child support that is rightfully owed to you. The good news is, this money is legally mandated to be paid, so you have options to track it down. Since it can be such a hassle to get the money owed to you for child support, you might want to consider having an attorney do the hard work on your behalf. 

Anytime you have a divorce and the couple has children under the age of 18, the court is going to determine how much child support is owed and by whom it is owed. In most cases, this will be a monthly payment made from one half of the divorced couple to the other to support their children. The parents do not even have to go through a divorce. If they were never married, child support is still an issue. The problem comes when the person owing child support becomes delinquent in making the payments. 

How is Delinquency Defined?

Child support is not something that can be ignored. A person will owe money on a monthly basis and if that payment goes unpaid for as little as 15 days, it is considered delinquent. The person will then receive a Notice of Delinquency. Typically, the child support plus the amount of fees will need to be paid within 20 days or a judgment will be brought against the person who did not pay. This is where a lawyer can help you. A judgment can act as a lien against any property the person owns, meaning a lawyer can help you get the child support you are owed by going after the assets owned by the delinquent party.  

Is a Delinquency Considered a Felony? 

Believe it or not, there is a threshold for child support in the state of Florida. This means that any child support past due that exceeds $2,500 and is overdue for four straight months, can amount to a felony. 

This is why it’s important to get a lawyer engaged immediately. They can track the amount due to you and how long it has been overdue and then take immediate legal action on your behalf. 

What is the Penalty for Delinquent Child Support? 

Now that you know it can be a felony, what exactly are the penalties? For starters, the guilty party can have their Florida Driver’s License suspended. But, they could also face jail time.

Enforcing Child Support 

Let’s face it – the easiest way to get child support is to have those checks arrive on time every month. However, there is a public agency that can help enforce child support. The Florida Department of Revenue (DOR) is responsible for tracking child support payments and ensuring they are paid on time. There are even ways to track down the delinquent party no matter where they live. 

It is best to seek Legal Counsel for Delinquent Child Support

No matter which party you are in a child support case, the payer or the payee, an attorney can help you sort out any problems you are having. An attorney can help you wade through the complicated legal system and make sure all child support is made on time and in the right dollar amount. 

You can represent yourself, but it is not easy. Let an expert guide the way that knows the ins and outs of Florida family law. 

What about Joint Property? 

If the divorced couple owns property together, this can complicate matters. A lawyer can help you navigate joint property. If this part of a divorce isn’t handled right, you and your children could feel long-term ramifications in the form of miscalculated child support. 

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One thing you most likely do not know is that there are over 1 million people who are arrested under DUI charges every single year. People do try to find new ways to outsmart breathalyzers as they go out and party. The problem is that this is not the correct approach.

There are several DUI misconceptions that you should not believe. Let’s debunk the most common myths and you will be able to act much better when faced with such an unwanted charge.

BAC Needs To Be Over 0.08% To Be Charged With A DUI

Most people believe they can be charged with driving under the influence only when BAC (blood alcohol content) is over 0.08%. In reality, the police officer can even arrest you when they think you are impaired by the influence of alcohol. This does not take BAC levels into account.

BAC is often seen as enough needed proof to convict an individual. But, what you should know is that test results validity can be challenged. An experienced DUI lawyer will help you to put up a good fight against the conviction.

You Cannot Be Caught If You Are Careful

You can be the most careful of all the drivers in the world and still end up caught as you are driving drunk. There are much stricter DUI laws right now than in the past. Because of this, there are DUI checkpoints that keep popping up literally everywhere.

A law enforcement officer would be able to detain you in order to check and see if you are driving while impaired. When the test is failed, you can be arrested.

You Have To Be Caught Driving To Be Arrested

There is this common belief you will just be charged with the DUI when you are behind the wheel and you are caught. This is completely incorrect. The police officer can give you the DUI simply after seeing that you got out of the car and you acted drunk. This is because there is a reasonable assumption that the driver was intoxicated. You can thus be arrested for the DUI even after you get out of the car.

BAC Levels Are Lowered If You Just Wait One Hour

Waiting for the alcohol to get out of your system is practically the only really good way to guarantee your BAC is lowered. However, this does not mean that you can simply wait for one hour and you will avoid the DUI charge. The same goes for eating, which can combat alcohol’s narcotic effects but cannot lower BAC levels.

Keep in mind that studies showed the fact that BAC is at the highest possible levels around 1 hour after the last drink. When you wait for it to go down, it is simply not a good idea.

The truth is that the very best way to completely avoid the DUI charge is to simply not drink. Alternatively, there can be a designated driver to help you get back home.

Obviously, one of the best possible ways to protect yourself after being charged with a DUI is to get the help of an attorney. You can find one here:

The Defenders Criminal Defense Lawyers
830 South 4th Street, suite 100 Las Vegas, NV
89101

 

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Estate planning is not something that most people look forward to completing. However, it is an important part of financial planning. At the very least, most adults should have a will or trust, durable power of attorney, and healthcare power of attorney in place. Here are three reasons why you should move to get your affairs in order sooner rather than later.

1. To Save Money

You may not associate planning for your death as a way to save money, but proper estate planning can do just that. In fact, saving on taxes is one of the reasons estate planning is so important. The right combination of pre- and post-death transfers can help minimize the tax burden of your heirs.

2. To Avoid Friction

Let’s face it: Families can get pretty feisty when it comes to divvying up assets. Taking the time to have all of your family’s legal matters sorted and appropriately filed reduces strain on the executor, who no longer has to make tough decisions. It also serves to protect your wishes and ensure they are carried out. Contacting a family law specialist to go over estate planning and will drafting Jacksonville NC means your family will know exactly what you want to be done after you are gone.

3. To Minimize Confusion

In general, deaths aren’t planned out in advance. That means your passing may come as a complete and utter shock to your loved ones left behind. Leaving them clear instructions about funeral arrangements, estate distribution, and any other final wishes takes a lot of stress off of them. It also cuts down significantly on any confusion. This is especially true in the case of accidental or sudden death.

An estate plan can be simple or complex depending on your unique circumstances. Having the right plan in place can help avoid confusion about your final wishes, minimize friction between family members, and cut down on inheritance taxes after your death.

 

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