Saturday, April 30, 2011
Divorce Process
Friday, April 29, 2011
Warning: Your Spouse May be Hiding Money During Your Divorce!
Hiding money (or other assets) during a divorce is illegal and unethical. Never the less it’s much more common than you think. Your spouse may be trying to lower child support and/or alimony payments by hiding assets? Learn to identify the signs and uncover the hidden assets to protect you and your children. Get a FREE report revealing 5 common tactics commonly used to hide assets. Visit Divorce Ammo to get your FREE report now.
Divorce and Finances
Thursday, April 28, 2011
Divorce – Is Your Partner Worth Saving A Marriage
Anyone that has said marriage was easy had to be single! There is nothing easy about merging your life with another person. Several decades ago, people did not divorce because they were in circumstances in which it was simply not an option – women could not support themselves and society did not accept it, among many others. Now, however, marriages are ending left and right. If you are in a marriage that is on the rocks, it may be a good time to consider whether your partner and the life you have is worth saving a marriage. As difficult as it is to make a marriage work, it is even harder to save one that is already damaged.
No BS Divorce Strategies For Men
In looking at saving a marriage, you should not only look at current circumstances, but also the history the two of you share together. How did you meet? What was it that made you fall in love? Were you ever really in love? At some point, you should consider the good times instead of only dwelling on the bad. If you and your spouse are experiencing a bad time, it is easy to block out that good times ever existed. However, you should be fair to yourself and your partner.
Then, it is time to look at the bad times. Did either of you cheat? Are there other major issues that have occurred between you that one of you has a hard time dealing with? Sometimes these major issues get buried over time, but the resentment remains and it eats away at the relationship. Do you find yourself being mad at your spouse over little things or for no reason at all? If this is the case, you should really look at the underlying issues you have.
At some point, you should close your eyes and picture what the perfect spouse would be. Not Brad Pitt or Angelina Jolie, but the real characteristics you would like to have in your spouse. Then you should step back and see how your spouse measures up. You should be very careful to be realistic in this exercise. If you have unrealistic expectations, you will never be happy with anyone. However, if the essential core of your spouse is deficient, you may be selling yourself short by staying.
Although saving a marriage is difficult, you should not rush off and get a divorce. You should, however, try to be fair to you and your spouse and choose to both try wholeheartedly or to let go completely.
Credit: Divorce Advice For Men
Wednesday, April 27, 2011
Cheating Wife: How to Handle What You Might Find When You Spy
When you spy on your suspected cheating spouse, please make sure you consider all the possibilities you might encounter and whether you can handle them.
No BS Divorce Strategies For Men
Have you considered the many situations that spying might uncover? Can you imagine the worst thing you might find? Predict what your response will be to the worst-case scenario. Are you ready? Here are some specific questions to ask:
1) Do I have friends I can count on for support if I discover the worst? Do they know I might need them? Have I told them exactly how they might help me? Do I have the capacity to stand back from the deep emotions and not get mired or lost in destructive thoughts and feelings?
2) How have I handled emotional pain in the past? What if it gets almost unbearable? If I encounter the worst possible emotional hurt and pain, do I have a therapist I can contact immediately and see soon to help me through the rough spots?
3) You see the signs of a cheating spouse. What will be my strategy for what I find? Do I have a strategy for the different scenarios? Do I have a strategy to confront or not confront my spouse? How, when and under what circumstances will I confront him/her?
4) What kind of strategy will I have for self-care? What will I need to do to keep myself functioning somewhat effectively?
5) Do I have a coach or an objective someone who knows about cheating husbands and cheating wives and who can help me develop strategies and goals for confrontation and self-care? Someone to keep me focused and working on these strategies and goals?
6) Do I know what kind of affair I might face? Do I know the prognosis for that kind of affair? Have I educated myself about affairs and what I must do to effectively resolve and move through this crisis?
Tuesday, April 26, 2011
Avoidant Personality Disorder
Hat Tip To: About.com Divorce Support: What's Hot Now
Monday, April 25, 2011
National Parental Alienation Awareness Day
Answer:
Parental Alienation Syndrome is the deliberate attempt by one parent to distance his/her children from the other parent. The motivation is to destroy the parental bond between his/her children with the other parent. The alienation process develops over time and some of the symptoms of the syndrome include some or all of the following:
...How To Handle Children During A Separation Or Divorce
1. Don’t argue in front of them.
2. Leave your new mates out of the transition process. For instance, they don’t need to be the one who drops them off, walk up to your ex’s doorstep, or even be seen riding with the new girlfriend or boyfriend in the car. On occasion you may be riding with him or her, but don’t make it a habit. Sometimes children just want that time with dad or mom to themselves.
3. Answer questions when the children ask. Discuss possible questions they may ask beforehand with the ex so that both of you will be repeating the same story. They may want to know why mommy and daddy are not together a thousand times, answer them a thousand times.
4. Tell the truth about your feelings toward your ex, once the child is an adult and initiates the conversation. Don’t volunteer information.
5. Make the children’s environment pleasant when they come to visit. Clean and comfortable. New bed sheets, cabinets and drawers they can place their toys in, favorite pictures hanging on the walls, a new toy and plans to go somewhere that is fun. Be sure to have favorite foods and treats in the refrigerator and in cabinets, but not in excess. They still need to eat healthy! Don’t watch adult movies, leave adult magazines lying around, look at adult images on the computer and listen to music around them that you know is inappropriate.
6. If you and the new girl or boyfriend, do not live together, then make the time they are visiting for your children. If the children will be staying for the whole summer, then fit in time to spend with her or him, but try not to make it daily. Children will get jealous. Don’t include the mate in all the family activities, go some places without her or him.
7. When children are suddenly misbehaving more, talk with them. Find out how they feel about mom and dad separating, two separate houses, babysitters, the new mate and whatever else you may think are causing the change in behavior.
8. Don’t talk negatively about your ex to the children or in front of them. Conversations about the ex should occur when the children aren’t around. Be sure they are not hiding somewhere in the house eavesdropping on your conversations.
9. Avoid drugs and drinking alcohol around your children. They will tell someone about your partying to someone no matter how much you tell them not to tell.
10. Don’t get your children involved in adult matters. If you lost your job, got caught in a scandal, went to jail, broke up with your girl or boyfriend, etc. Be vague when talking to them, it isn’t necessary to give them all the details. Children sometimes will take mom and dad’s pain personally and will react in ways that we don’t quite understand. Remember they are children, not adults allow them to enjoy their childhood. Preserve their innocence.
Nicholl McGuire, Freelance Writer, mother of four and divorced. For more information, click on the following:Healthy Transitions.
Article Source: How To Handle Children During A Separation Or Divorce
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No BS Divorce Strategies For Men
Source: Divorce Advice For Men
Temporary Court Orders
Sunday, April 24, 2011
What Not To Do During And After Divorce
Or allow yourself to believe that your children don't need you in their lives. Don't ever get to the point that seeing your children is more painful than not seeing them. If you are a non-custodial parent and are dealing with such pain then suck it up. The long-term consequences and negative impact of not having their parent in their lives outweighs the emotional pain you feel.
Origin: About.com Divorce Support
Saturday, April 23, 2011
Divorce – Are You Feeling Cheated?
Are you feeling relieved after divorce or cheated? After many divorces people feel happy while in many rather more cases they feel cheated. Why? Divorce it self is a very painful process and the times that lead to divorce are more painful. The question is why get the sense of feeling cheated after getting divorce? Let us talk about this.
No BS Divorce Strategies For Men
Relationship demands giving- People give a lot to their marriage; most of them do it except few. Right from the development of relationship, a lot of time, emotional energy and physical resources are given to make it work. During marriage the investment goes higher. Most of the partners want the marriage to work. There are exceptions that unbelievably want to destroy because of psychological problems. When cracks develop in the marriage, lot more effort is made to save the marriage and when the marriage breaks after putting in so much effort, one feels cheated.
Is this true for all? This is not true for all. There are few individuals who don’t give anything in marriage. They ask for it. The demand and contribute nothing. That is the game of selfishness played by them. So these people will never feel cheated. They will only feel bad that they lost an easy victim.
What should you do? The only way out is to forget the losses. Try to erase the past as much as possible. This will be difficult, but break the pain bit by bit. Work on it and it will go away one day. Try to forge another relationship and forget what went wrong and caused a divorce.
Friday, April 22, 2011
Hiding Money In Divorce – 5 Tips To Identify If Your Spouse Is Hiding Money In Divorce
Hiding money in divorce is illegal and immoral.
However it’s more common than you believe. Both men and woman use these tactics every day around the world. I do not recommend hiding money in divorce, yet I am merely documenting these truths to help prepare and protect others from such wrong doing.
By hiding money in divorce your partner may be trying to lower child support and maintenance payments. You and your lawyer must look to to expose any hidden money in divorce proceedings and to establish the actual sum of money that your spouse has available.
I’ve listed five items below to give you a head start for finding out whether your spouse is hiding money in divorce.
1) Your spouse may set back a part of their earnings until after the split up. Look for letters, notes, or emails asking to defer income. Look at past records of your spouses earnings. If he/she is normally receives $60,000 per year in earnings and is all of a sudden not picking up any money or a dramatic drop. Advise your lawyer.
2) Some spouses receive incentives in addition to their net salary. Look for situations where partial incentives are cashed and the other part is set up into a unshared account accruing to the welfare of the employee. Incentives can be deferred for future dispersion. Look for a pattern of incentive payments in the past.
3) If your partner is abruptly short of Money, or if their weekly ATM withdrawal dramatically increases, that might be a good sign.
4) Does the post come to your house? If not, that could be a warning that your spouse doesn’t wish you to see certain arriving financial statements.
5) Any alterations in the way family Money is dealt with. Did that joint savings account all of a sudden vanish? Was stock sold or turned over over into something else?
Although some of these may seem obvious to the more financially savvy reader, they are by no means easy to track and spot when you’re in the middle of an emotional rollercoaster.
That’s possibly the reason why so many of these tactics go unreported and leave people in a real state of turmoil with their financial future.
As if it wasn’t enough to lose your life long partner, the one you loved…but to have them rip you off and screw you over at the last wave goodbye is like a nail in the coffin.
Hiding money in divorce is illegal. It can also cost the other person thousands whilst the partner who is actually hiding money in divorce makes a small fortune and an easy get away. If you’d like to know the low-down, dirty secrets to hiding money in divorce so that you can save thousands in your divorce, you need to see this website http://divorcemoneysecrets.com
You’ll uncover all the secrets behind hidden divorce money and how to save your future from protecting yourself against them. http://divorcemoneysecrets.com
If you’d like to know the low-down, dirty secrets to hiding money in divorce so that you can save thousands in your divorce, then you need to see this website Hiding Money In Divorce – You’ll uncover all the secrets behind hidden divorce money and how to protect your future…
Article Source: Hiding Money In Divorce – 5 Tips To Identify If Your Spouse Is Hiding Money In Divorce
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No BS Divorce Strategies For Men
Incoming search terms for the article:
Equal Pareting
Wednesday, April 20, 2011
Nine Tips ForTaking Care of Yourself During and After Divorce
Divorce and the changes that follow cause stress both physically and emotionally. It is important to develop habits that will minimize the stress of divorce. You can come through a divorce without causing undue stress on your body if you follow good self - care habits.
...Origin: About.com Divorce Support
The Factors Involved in Determining Who Gets Child Custody in a Divorce
Child Custody during a Divorce in Michigan
When children are involved in divorce proceedings it can be difficult and emotional for everyone who is involved, which is why the right decision needs to be made first time round.
In order to make the right decision first time round, courts in Michigan are required to evaluate ‘interest’ factors by looking at a series of considerations which are meant to help when it comes to making the decision. Some of these factors are stated below:
• The ability and temperament of both spouses when it comes to giving the child love, affection, and guidance as well as the capability of the parties involved to continue the child’s education.
• Can the parties involved provide the child with food, clothing and medical care?
• The length of time the child has lived in a stable, satisfactory environment and the appeal of maintaining continuity
• How the family exists as a unit and the moral strength of the parties who are involved
• The mental and physical health of both spouses
• The home, school, and community record of the child
• The willingness and ability of each of the parties to aid and encourage a close and continuing parent-child relationship between the child and the other parent
• Any history of domestic violence, regardless of whether the violence was directed against or witnessed by the child
When courts are evaluating the above factors, their main concern is that the child or children involved have their development needs addressed as children cannot legally choose where they want to live until they are 18 years old; however the wishes of the child or children will be taken into account by the courts during the custody hearing.
State law in Michigan when it comes to child custody encourages judges to award joint custody to parents so that both parents have a say in the child’s or children’s education, medical treatment, religion etc. In joint custody cases that child alternates between living at both parents homes.
Another option that may be thought about is sole custody. In cases of sole custody the child involved will live with one parent and the other parent will be granted parenting time. This parenting time means that the other parent will gain access to their child at alternating weekends, national holidays and one half of the child’s school vacation as well as in some cases one evening per week. When the decision of this parenting time is being made the parents are free to agree on the times and dates so that it fits in with both of their schedules.
The decision of who is granted custody usually comes down to the courts; however the child’s parents are given the chance to come to an agreement about child custody and visitation rights but if they fail to do so then the custody case is handed over to the courts where the decision is made by a judge.
In most custody cases the decision ends up being handed over to the courts but if you disagree with the decision that is made by a judge then you may appeal the decision. Appeals in domestic relations cases go to the Michigan Court of Appeals.
If you are currently facing a custody case then it is advised that you consult with an attorney to discuss all of the legal issues involved in the case; without one you are acting as your own attorney and may not receive all of the legal information needed to secure your custody case.
Jannelle J. Zawaideh is a divorce attorney in Michigan. The family law offices of Jannelle J. Zawaideh is also an Oakland County MI Divorce Lawyer and Wayne County Divorce Attorney.
Article Source: The Factors Involved in Determining Who Gets Child Custody in a Divorce
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No BS Divorce Strategies For Men
Origin: Divorce Advice For Men
Trying to Reach Me? Three Easy Ways for Clients to Contact Me.
It should be easy to get through to your lawyer. But, I know that many times the number one complaint of clients of lawyers - any lawyer - is that its hard to get through to the lawyer. This is a universal thing and we don't want it to be a problem at our firm.
At Scott and Fenderson, we do our best to make it easy for our clients to reach the attorney. We pride our firm on client service and we want our clients to feel like they can talk to us when they need to.
Other than simply calling the office, here are 3 things we do to make it easier for our clients to reach us:
1. EMAIL: Office Gmail account: scottandfenderson@gmail.com. We give our clients our personal office gmail accounts so they don't get mixed up with the spam we get through AOL. Charlie and I have been using AOL since the mid to late 90s and lately, the AOL accounts are nothing but spam. I do look at my AOL inbox and try to scan it for real emails, but I usually delete 99% of the incoming emails and sometimes accidentally delete an email that I would have liked to have seen. To remedy this, we give our clients our gmail accounts but don't put out gmail accounts out there for the entire world, therefore, we get much less spam and I find gmail much easier to navigate and weed out the spam so I can get to the real emails. I rarely miss an email from a client on my gmail account and I can access it from my iphone so clients are able to contact me after hours and on weekends. Today I put up a note on my fenderlaw@aol.comaccount which says that if you are a client or connected to me through work, please call the office for my gmail account. Hopefully, this transition will improve the ability of clients to reach me via email. If you are emailing us at the fenderlaw@aol.com account, chances are we missed it and its better to call or email me at the gmail account.
2. CELL PHONE: We give our clients our cell phone numbers so that they can reach us personally at any time. I often do not answer my cell phone, but I can see that the client called and get back to them quickly. Kathryn Fenderson Scott: 727-439-3694 / Charlie Scott 727-445-0439
3. PHONE APPOINTMENTS: To avoid playing phone tag with clients, we schedule "phone appointments" usually within 24 hours of the client's call so that there is a scheduled time for the attorney and the client to talk.
On the flip side, here are three ways that will probably NOT result in getting through to the attorney:
1. Facebook Message.
2. Email me at fenderlaw@aol.com.
3. Other random internet connection message.
If you are a client or would like to become a client of our firm, the best way to get through to the attorney is to call our office at 727-321-0099 and in a pinch, call our cell phones at 727-445-0439 (Charlie) or 727-439-3694 (Kathryn). I sort of cringe to put those cell phone numbers out to the world on the blog, but if you are not yet a client of the firm, you probably wouldn't know it, so there they are.
Ideally, the attorney would be sitting by the phone waiting for the client to call and ready to talk about their case at any time, but the reality is we aren't always available when a client calls; but we do want our clients to feel like they can talk to us whenever they need to. We tell our clients that we are a team but they are the boss, so when the boss calls we want to take it. We want to make our clients happy that they hired us and we want them to feel like its easy to get through to the attorney.
Ok, off to talk to another client.
Kathryn.
Origin: Scott and Fenderson Law Blog
Men, Divorce And Depression
Tuesday, April 19, 2011
How To Stop A Divorce
Divorce appears to be the new tendency in marriages these days. The entire globe appears to have jumped on the bandwagon which is endlessly being caused by split-ups in the entertainment industry. The holiness of wedlock is being sacrificed and it has turned into a marketplace for divorce- driven objects such as divorce attorneys.
No BS Divorce Strategies For Men
A great many people believe that obtaining a divorce is the sole means to pull out of a distressed relationship. However, as the wonderful philosopher Aristotle said, “There is always a third option.” Regarding individuals that believe that obtaining a divorce is the same thing as being contented, try thinking it through again. A current study that was lead by Ms. Linda Waite of the University of Chicago disclosed that divorced individuals are not any happier. An additional even more amazing reality that was uncovered by the research is that 67% of the individuals that became distressed about their marriages later stated that they were happy in their marriages five years later. Her group additionally discovered that a preponderance of devotedly wedded pairs had undergone long durations of sadness in their unions. The distinction is that the pair remained with the relationship and discovered answers to their difficulties.
Matrimony is designed to connect the inner souls of two individuals together. The marriage loses its holiness in the complete circumstance of splitting up. There exist more methods than one to stop divorce. Listed below are a few valuable points that someone can use in trying to rescue their marriage.
-Communication is the Key Virtually all differences advance to fights as a result of the absence of communication. A few pairs merely discuss chores and projects. Maintaining an open line of communication would maintain the frankness in the relationship and prevent concealed perceptions that could prod significant emotional harm.
-There Are No Perfect Relationships The fundamental lessons of economics dictate to us that any time we remain with one thing, we are consistently excluding something else. Divorces are commonly spurred by unfaithfulness and third-party affairs. Keep in mind that no relationship is perfect. Problems between marriage partners is no reason for unfaithfulness, actually it ought to make their relationship stronger.
-Look For Assistance In case everything else does not work the way you hoped it would and you have attempted to solve the difficulty between the pair of you, seek outside help. There exist professional marriage counselors that are able to help marriage partners with problems to get back on the right track. There’s no harm in seeking assistance.
Keep in mind that divorce has its penalties, which include tremendous monetary losses. Even more significantly, it taints marriage and completely finishes relationships. What it comes down to is that if there is more than sufficient love that exists within a home, divorce will not ever rear it ugly head.
Reasons to Divorce
Sunday, April 17, 2011
Unhealthy Emotions Associated with Being Dumped
Being dumped can be a traumatic experience for anyone. Relationships are complex and difficult at times. While some people who are dumped seem to find a way to move on without much damage, most people who are dumped have serious emotional issues. Some of the negative reactions to the difficult emotions that come out of the break up can seriously affect the way a person functions and the person’s ability to function in life. Finding a positive way to deal with these difficult and possibly harmful negative reactions to these feelings can help you deal with being dumped and move on with your life. Just a few of the emotions you may encounter are hatred, embarrassment and sadness.
Hatred is a common feeling to have after being dumped. The common question is, “Why Me?” You may experience hatred toward a person that has dumped you, mutual friends that disassociate with you after the break up, and anyone who may subsequently date your ex after you break up. Dealing with hatred in a positive way is very important because this emotion has a very bad habit of being a festering emotion. If you have hatred inside, you may even be physically affected. Hatred is an awful emotion that can have severe effects. If you are consumed by this negative emotion, it is hard to live your life, move on from a broken relationship, and even go about day to day responsibilities normally.
Another emotion you may experience is embarrassment. A lot of times, embarrassment stems from self-esteem issues, as well as feeling like everyone around is laughing at you. After you have been dumped, the best way to move past feeling embarrassed is to know that you are a worthwhile person and that you are not the only person who has been dumped. Lift your head and know that you have great qualities that someone else will admire later on in a different relationship, and simply work on getting to know yourself and being the person you want to be. Anyone who would laugh at you after such a painful experience is not worth even wasting time to think about.
One more emotion you may experience in the case of being dumped is sadness. This one will only heal after time. There is almost always regret when you are broken up with and the only cure for this emotion is taking time to let yourself heal. Indulge in some self-pity, but not for long. Get pampered, spend a little money on yourself, and try to remember that you are a worthy human being. Sadness will pass and you will be able to move on with your life in a positive manner. If you allow yourself to get wrapped up in sadness, you can get into a funk that is very difficult to get out of. Simply waking up and getting on with your regular routine can help you take one day at a time to your recovery.
No matter what seemingly negative emotions you experience after being dumped, and there are a variety of many of them, the way to move past them is to react to them in the most positive way you can. This is a key to moving on with your life and living a successful and happy life.
Source: Divorce Advice For Men
Men's Divorce Guide
Saturday, April 16, 2011
Child Support Enforcement
Friday, April 15, 2011
It's Tax Day - April 15 - Do you know if your Personal Injury Award is Taxable in Florida?
It’s TAX DAY! April 15th! Do I Need to Pay Taxes on My Personal Injury Settlement in Florida?? The short answer is "No, most of the time, you do not have to pay taxes on a personal injury settlement; but double check with the person who prepares your taxes." The long answer is: It depends. The purpose of tort law (personal injury law) is to make someone whole again after they are injured, most often, the remedy is monetary in the form of a lump sum settlement or a jury verdict. While I am not a tax lawyer, a principle in tax law is that money paid to make someone whole again is not considered income and therefore is not taxed. A personal injury settlement is theoretically returning the person to the place they were before the accident - and since the person can’t always be completely healed, money is awarded for non-economic damages such as pain and suffering and mental anguish as well as for reimbursement for past medical bills and payment for future medical bills. An award or settlement which compensates a personal injury victim for their medical bills and pain and suffering is not considered income since it is putting the person back to the place they would have been but for the accident. The Internal Revenue Code (IRC) IRS Bulletin 2009-42 states: "This document contains proposed amendments to the Income Tax Regulations (26 CFR part 1) to reflect amendments made to section 104(a)(2) of the Internal Revenue Code (Code) by section 1605(a) and (b) of the Small Business Job Protection Act of 1996, Public Law 104-188, (110 Stat. 1838 (the 1996 Act)), and to delete the "tort or tort type rights" test under §1.104-1(c) of the Income Tax Regulations. As amended, section 104(a)(2) excludes from gross income the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness. These proposed regulations conform the regulations to these statutory amendments and clarify the changes for taxpayers and practitioners. Section 1605(a) of the 1996 Act amended section 104(a)(2) to provide expressly that punitive damages do not qualify for the income exclusion. The amendment was a response to divergent court opinions, some holding that punitive damages are received "on account of" a personal injury. See H.R. Conf. Rept. 104-737 (1996) at 301. The amendment is consistent with O’Gilvie v. United States, 519 U.S. 79 (1996), holding that punitive damages are not compensation for personal injuries and do not satisfy the "on account of" test under section 104(a)(2). Section 1605(a) also amended section 104(a)(2) to provide that the income exclusion generally is limited to amounts received on account of personal "physical" injuries or "physical" sickness. Section 1605(b) of the 1996 Act further amended section 104(a) to provide that, for purposes of section 104(a)(2), even though emotional distress is not considered a physical injury or a physical sickness, damages not in excess of the amount paid for "medical care" (described in section 213(d)(1)(A) or (B)) for emotional distress are excluded from income. The proposed regulations reflect these statutory amendments. The proposed regulations also provide that a taxpayer may exclude damages received for emotional distress "attributable" to a physical injury or physical sickness. See H.R. Conf. Rept. 104-737 (1996) at 301. The Tort Type Rights Test One more question: If I have a claim for future lost income or loss of earning capacity, how are the damages calculated? This matters because it determines how much of your income is considered in calculating an appropriate settlement or in the calculation of the jury’s award. Future lost wages or income and future loss of earning capacity damages are calculated by figuring out how much you would have been able to make in the future if you hadn’t been injured in the accident. Then there are calculations to reduce that amount to present day value, usually in a trial situation, there is an economist who crunches all of these numbers and makes charts and reports. But to make those reports, the economist needs to know whether to use before (gross income) or after tax future income. Obviously the numbers will be higher if the before tax income is used. In Florida, if you want to convince the economist, the jury, the claims adjuster, the judge - or whoever you are trying to persuade to use gross income instead of after tax income, here is a brief history on the case law in Florida dealing with this issue. For a greater explanation of these cases, please see S. Moxon’s article Untangling Taxes from Personal Injury Damages - http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/82991b884d88fe7c852575c5004c3c80!OpenDocument&Highlight=0,disability ) : 1. Poirier v. Shireman, 129 So. 2d 439 (Fla. 2d DCA 1961), the court held that the trial court could instruct the jury that its award would not be taxable and it approved the following instruction: "You are instructed that any award made to plaintiff as damages in this case, if any award is made, is not subject to federal or state income taxes, and you should not consider such taxes in fixing the amount of any award made plaintiff, if any you make." 2. Stager v. Florida East Coast Railway, 163 So. 2d 15 (Fla. 3d DCA 1964), the 3rd DCA followed Poirier by holding that it was ok to give the same instruction to use non taxed income to calculate damages. 3. Atlantic Coast Line Railroad v. Braz, 182 So. 2d 491, 495 (Fla. 3d DCA 1966), 196 So. 2d 109 (Fla. 1967), the 3rd DCA held that it was also ok not to give the instruction and was silent on how the jury should calculate damages for lost income. 6. Leaseco, Inc. v. Bartlett, 257 So. 2d 629 (Fla. 4th DCA 1971), applied and approved St. Johns River Terminal Co.’s gross income calculation for personal injury damages and it established a principle of law that personal injury damages awarded for lost earning capacity shall be calculated on the basis of gross income rather than after-tax income.7. Basel v. McFarland & Sons, Inc., 815 So. 2d 687 (Fla. 5th DCA 2002): The 5th DCA skirted around the issue of pre or post tax calculation of future lost income, but ultimately didn’t say anything definitive about whether the jury’s award should be based on gross earnings or after-tax earnings. Bottom line? It’s a little blurry, but, overall, the courts seem to say that the trial courts have discretion about whether to tell the jury to base future income on pre or post income tax earnings, but they generally hold in favor of having the jury base the injured party’s award on gross income (before taxes) which means the award would be high than post-tax future income. What about my PIP benefits for lost wages - are they paid or post income tax?
4. St. John’s River Terminal Co. v. Vaden 190 So. 2d 40 (Fla. 1st DCA 1966): the 1st DCA held that gross income should be used to determine how much to award for lost earning capacity and said "the award of damages should be based upon the plaintiff’s gross earnings or earning capacity and should not be reduced because of any income tax saving which may result to the plaintiff because of the fact that the damages will be exempt from income tax."
5. Good Samaritan Hospital Association, Inc. v. Saylor, 495 So. 2d 782, 783 (Fla. 4th DCA 1986), the 4th DCA followed St. John’s River Terminal Co., quoting the 1st DCA’s opinion above with approval.
The Florida PIP statute, F.S. §627.736 states that the lost wages benefits payable under a PIP policy include disability benefits, which cover "60% of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by injury sustained by the injured person . . . ." PIP pays 60% for wages and 80% for medical bills because the 60% payment of wages takes into account the tax savings of about 20% resulting from the fact that disability benefits are not taxable; ie an injured person would have had to pay income tax on wages if they were working and hadn’t had the accident, but since they are getting their lost wages from PIP after an accident, the amount of the payment is reduced to reflect that they didn’t have to pay taxes on the money. Sort of like 6 of one / half dozen of another - same difference. But the important take-away in the Florida Statutes? "The Florida Statutes confirm that the general rule in Florida is that damages for lost earnings and lost earning capacity are calculated on the basis of gross income." (Moxon) .
If you have been in an accident in Florida, consult with a lawyer. Most personal injury attorneys will provide a free consultation and will answer simple questions for you free of charge. If you have been awarded a personal injury settlement or verdict and you are filling out your fax forms - the award is probably not taxable - but its best to check with a personal injury attorney and an accountant on this issue.
Happy April 15th Everyone.
Cheap Divorce – Part 2
In a do-it-yourself divorce isn’t just about filing papers by yourself, you have got to discuss the terms of the divorce with the other party. Make sure that the both of you can reach a decision regarding the division of property. If you do decide on a do-it-yourself divorce, you will have to acquire the needed forms from on-line or a store in order to file the papers.
Representing yourself in court is your right. But it follows that you will abide by the rules like an attorney would. Remember, whatever you may know of court cases from televisio may not exactly be what’s proper or correct. If you are considering representing yourself in court for your divorce, there are a number of things you must know.
A divorce kit contains guidelines for pursuing a divorce in a certain state, as well as forms that you may simply fill in and present to the court. Most of these kits are marketed with the concept of fast and trouble-free outcomes. These divorce kits are easily found on the internet, but they may be available in certain publication stores.
A divorce kit may offer the advantages of a quick divorce but it requires careful follow-through.
Online divorce forms may be grouped according to kind or by state because of the specific requirements that may vary from state to state. They may also come in packages depending on your state and the context of your divorce.
Forms from generic legal books, may easily become rejected by the court if specific requirements of the state you reside in are not addressed. Also, online divorce forms can be updated much easier and quicker than those found in legal self-help references. You can be assured of updated divorce forms and material.
By searching for free divorce forms and papers on the internet, you can get a head start on the separation between you and your spouse. Checking out any free divorce forms and papers that you may have access to over the internet gives you a chance to understand precisely what may be required during the process of divorce. Just going over the sample forms over the internet can provide you with the knowledge you need in order to familiarize yourself with the necessary procedures in order to finalize a divorce.
Signs Of An Affair
Thursday, April 14, 2011
Cheap Divorce – Part 1
Cheap divorce is possible if you are fully aware of all the possible expenses involved. And keep an eye on them. It may require double the effort and attention to try and keep your expenses down to a minimum. But if it really is your main goal and aim it will be worth the try. Try to put your focus on the variables like certain legal representation or the cost of different divorce kits or divorce form packages. Cutting costs here and there can save you money in the big picture.
The actual cost of divorce may range, from context to context. The total number of hours spent on the case and your lawyer’s rate will determine the amount due. To keep track of costs, you must be aware of the Retainer Agreement. Different lawyers vary in their rates for particular duties. Make sure to check out the ranges and choose your attorney accordingly. The hourly rates of these associates or paralegals will be less than their seniors and this can result in a reduction of overall legal costs.
You will have to scout around for a lawyer. By doing this, you will be able to figure out what the prevailing professional rate is. Once you have points for comparison, you may then further investigate those rates which are significantly lower than the rest.
To save you some time, it would be good to ask your friends or relatives for recommendations.
When you have chosen an attorney that offers a lower rate, it’s important to inform him/her that you seriously want to cut down on your divorce costs.
No BS Divorce Strategies For Men
Original: Divorce Advice For Men
Wednesday, April 13, 2011
Men More Likely to Suffer Depression After Divorce
Some studies have suggested that men take the loss of a relationship harder than a woman and are more likely to suffer periods of depression. We read and hear about depression in women after divorce but what about the men? Maybe the fact that we hear more about women is because women talk about their feelings more than men. For the emotional well-being of men, this needs to change.
Men first need to recognize they are suffering from a depression and then seek help for the depression. Not to worry though guys, this can be done without shedding any tears in your beers.
Symptoms of Depression in Men:
Problems Focusing or Remembering Things
Depression can affect your ability to make decisions, think clearly, perform complicated tasks, concentrate, and remember things. You may leave the house and not be able to remember whether or not you locked the door. You may be having low job performance due to an inability to concentrate on the work at hand. Your life is one big question mark and no one seems to have any answers...post continued
Understanding Florida's PIP (No-Fault) Auto Insurance Law
PERSONAL INJURY PROTECTION RIGHTS AND BENEFITS UNDER THE FLORIDA MOTOR VEHICLE NO-FAULT LAW The Florida Motor Vehicle No-Fault Law does two things: (1) It establishes a limited exemption from liability for injuries caused to others in an automobile accident; and (2) It establishes personal injury protection (PIP) benefits to pay for certain losses resulting from an accident. LEGAL RESPONSIBILITIES AND RIGHTS (1) Who is covered? - If you are a resident of Florida and own a motor vehicle, you are required to purchase PIP. You are covered by PIP if you are the named insured. -You, the insured, are covered by PIP while driving your vehicle, or when a passenger in another's vehicle. -You are also covered while outside a motor vehicle if struck and injured by a motor vehicle. - Resident relatives who live with you, the insured, may be covered by your PIP benefits while they are driving your car, as passengers in your or another's car, and while pedestrians if struck and injured by a motor vehicle. -Others who are injured while driving your insured motor vehicle or who are injured while a passenger in your insured motor vehicle or who are injured as a pedestrian when struck by your insured motor vehicle may be covered by your PIP. -If you or your insured relatives living with you are injured while outside Florida, and are in your insured motor vehicle, you and your insured relatives are covered under PIP as long as the injury occurs within the United States, its territories or possessions, or in Canada. EXCEPTIONS -If your passengers or relatives living with you have a motor vehicle licensed in Florida or own a motor vehicle required to be licensed in Florida, they are not covered by your PIP coverage. They must purchase PIP for themselves to have coverage. EXCLUSIONS An insurer may exclude no-fault benefits: - For injury sustained by any person operating the insured motor vehicle without your express or implied consent. - To any injured person, if his/her conduct contributed to the injury under either of the following circumstances: causing injury to himself intentionally; or being injured while committing a felony. - For injuries sustained by the named insured and relatives residing in the same household while occupying another motor vehicle owned by the named insured and not insured under the policy. BENEFITS -The minimum limit for no-fault personal injury protection benefits is $10,000 per person for loss sustained as a result of bodily injury, sickness, or disease ($5,000-death) arising out of the ownership, maintenance, or use of a motor vehicle. MEDICAL PAYMENTS -PIP pays 80 percent of medical benefits for all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices, wheelchairs, crutches, slings, neck braces and splints. Medically necessary ambulance, hospital and nursing services are covered, and benefits also are paid for necessary remedial treatment and services recognized and permitted under the laws of the state for an injured person who relies solely upon spiritual means through prayer for healing because of religious beliefs. Note: if you have medical payments coverage through your auto insurance policy, then the medical payments coverage will be secondary to PIP coverage. The excess medical expenses, the 20 percent not covered by PIP, and the deductible may or may not be covered by the additional medical payments coverage depending on your particular policy. BILLING REQUIREMENTS -Florida Statutes provide that with respect to any treatment or services, other than certain hospital and emergency services, the statement of charges furnished to the insurer by the provider may not include, and the insurer and the injured party are not required to pay, charges for treatment or services rendered more than 35 days before the postmark date of the statement, except for past due amounts previously billed on a timely basis, and except that, if the provider submits to the insurer a notice of initiation of treatment within 21 days after its first examination or treatment of the claimant, the statement may include charges for treatment or services rendered up to, but not more than, 75 days before the postmark date of the statement. -The insured has a responsibility to furnish the provider with the correct name and address of the personal injury protection insurer. Failure to do so may result in delayed reimbursements to the provider. -At your initial treatment or service provided you will be required to sign a disclosure and acknowledgement form stating that the services were actually rendered, it is your right and duty to confirm that those services were rendered, you were not solicited to seek services from the provider, the provider explained the services, and if you notify the insurer of a billing error you may be entitled to a share of the insurer's savings. ADVISORY NOTICE: You may be entitled to a certain percentage of a reduction in the amount paid by the motor vehicle insurer if you notify that insurer of a billing error. DISABILITY BENEFITS -PIP pays 60 percent of disability benefits for any loss of gross income and loss of earning capacity from inability to. work because of an injury sustained in an accident. Disability benefits also cover all expenses reasonably incurred for household services that, if not for injury, the injured person would have performed. Benefits must be paid not less than every two weeks. DEATH BENEFITS -PIP pays up to $5,000 of available benefits per individual in death benefits. The insurer may pay such benefits to the executor or administrator of the deceased, to any of the deceased's relatives, including those related by marriage, or to any person appearing to the insurer to be equitably entitled to the payment. OPTIONAL DEDUCTIBLES AND LIMITATIONS -Persons subject to deductibles maybe able to recover the amount of the deductible from a tortfeasor otherwise exempt from liability under Section 627.737, F.S. -Deductibles must be applied to the entire amount of any expenses and losses described under required personal injury protection benefits. - After the deductible is met, each insured is eligible to receive up to $10,000 in benefits. Thus, for instance, an insured with a $1,000 deductible would have to incur $13,500 in medical expenses (assuming no disability or death benefits) in order to receive the entire $10,000 in benefits [($ 13,500$1,000) x 80%]. -Deductibles of $250, $500 and $1,000 must be offered but may not be required. -You may have elected that the benefits from loss of gross income and loss of earning capacity (disability benefits) be excluded from your PIP benefits. COORDINATION OF BENEFITS -PIP benefits are primary over other insurance coverage, except that workers' compensation benefits received will be credited against PIP benefits. This means that your PIP insurer is ultimately responsible for payment of your claim. How this works in a specific situation depends upon the contract language inthe other insurance policy. PAYMENT OF BENEFITS -PIP benefits will be payable as loss accrues and reasonable proof of the loss and the expenses are provided. Before PIP benefits are paid, an insurer may require written notice be given as soon as possible after an accident involving a motor vehicle. -PIP benefits are overdue if not paid within 30 days after the insurer is provided written notice of a covered loss and of the total amount of the claim. If a partial claim is made, that partial amount must be paid within 30 days after the insurer receives written notice. -Any part, or all of the remainder, of the claim that is later supported by written notice is overdue if not paid within 30 days after such written notice is furnished to the insurer. However, any payment shall not be deemed overdue when the insurer has reasonable proof showing that the insurer is not responsible for the payment even though written notice has been furnished to the insurer. For the purpose of calculating overdue payments, payment is considered as being made on the date it was postmarked or, if not posted, on the date of delivery. All overdue payments will pay simple interest at the rate established in your policy, or pursuant to s. 55.03, F.S., whichever is greater. WHAT DO I DO TO RESOLVE DISPUTES REGARDING PIP BENEFITS? -In the event you are having a dispute with the insurer for PIP benefits, you may demand mediation of the claim before resorting to the courts by filing a request with the Department of Financial Services 'Department" on Form DFS-1i2-5 10 provided by the Department. -Mediation is an informal process whereby a neutral mediator selected by the Office will work together with you and the insurer to resolve the dispute. You may reach the Department at a local service office or call 1-800-342-2762. PLEASE NOTE: This description of your rights contains general statements and should not be construed to enhance, alter, or amend your rights under your policy and Florida law. PIP FRAUD ADVISORY NOTICE: The Department of Financial Services may pay rewards of up to $25,000 to persons providing information leading to the arrest and conviction of persons committing crimes investigated by the Division of Insurance Fraud arising from violations of certain Florida Statutes. Solicitation of a person injured in a motor vehicle crash for purposes of filing personal injury protection or tort claims could be a violation of Florida law or the rules regulating The Florida Bar.
Source: Scott and Fenderson Law Blog
Divorce and Adversity
Tuesday, April 12, 2011
Divorce Process
Monday, April 11, 2011
Are You a "Walk Away" Spouse?
When you divorce yourself emotionally, you have separated your emotions from the marriage. For some spouses this happens before the divorce. For others it doesn't happen until after the divorce process.
...Source: About.com Divorce Support
Sunday, April 10, 2011
Your Child Custody Schedule: An Important Part of the Custody Agreement
The child custody schedule forms a large part of the child custody agreement. Many divorced parents say that they spent the most time coming up with the child custody schedule then anything else in their agreement. The consensus is that parents want a good visitation calendar because that is the actual time they will spend with the children–it is the part of the agreement that affects you on a daily basis. There are many different kinds of schedules that parents can create. Here is some information to help you create the best custody schedule.
More and more parents are trying a shared or split parenting arrangement. These are the custody schedules that give both parents equal time with the children. This can be accomplished in multiple ways. Parents can alternate weeks, split the weeks in half, alternate every two weeks, or come up with different schedules for the school year and the summer. For this last scenario, many parents feel like their child should have more stability during the school year. So, they will stay with one parent during the week, and the other parent will have an afternoon during the week and the weekends. But, during summer break and other holidays, the other parent gets more time with the child (maybe the parents will reverse it so the other parent gets the children during the week) to make up for it.
The type of schedule that you choose will depend on your children and on the situation with you and the children’s other parent. If both parents live close by and can maintain a household for the children then it is easier to split the time between them. Some children handle change better than others, and some children won’t do well with a lot of switching and adjusting. For those kids, it’s better to have longer stays at each household.
You will also want to factor in the working time of both the parents. Sometimes parents set up an arrangement where the children basically live with one parent, but the other parent is the after school care while the parent works. So, the children spend every afternoon with one parent but go home to the other parent at night. You can be creative and flexible with your agreement.
Along with the basic rotating schedule, you need to think about the holiday schedule. Generally this doesn’t have to be too difficult–you just divide the holidays between the parents. You have some flexibility about the length of holidays. You can have the holidays last for several days or a week, or you can divide the day of the holiday between both parents. Think about what will be best for the kids.
If you can create a good custody schedule then the odds are pretty good that you’ll be happy with your custody agreement. Think about the days and the times that the children should be with each parent. Make the calendar fit your needs–don’t feel like you should fit your life to the calendar. Then choose the holiday and vacation times. Once you have this all figured out, you can relax and enjoy your time as a parent.
Learn more about creating your perfect child custody schedule and get more information about making child custody agreements.
Article Source: Your Child Custody Schedule: An Important Part of the Custody Agreement
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Original: Divorce Advice For Men
Midlife Crisis Spouse
Saturday, April 9, 2011
How To Stop A Divorce When You Are Still In Love
Because it takes two people to support a successful marriage, it can be a difficult situation when one side wants to give up while the other is hoping to work things out. With our modern world full of quick fixes to nearly any problem, it is unfortunate that divorce is sometimes seen as an easy solution. But there are things you can do to stop a divorce if you are determined to fix your marriage. Here are some helpful guidelines to get started.
Take Action
No BS Divorce Strategies For Men
Perhaps the most important part of solving your marriage troubles is being proactive in your goals. Too many people sit on the sidelines and hope for a miracle while the situation continues to deteriorate. All this does is empower your spouse to make all the decisions and push you closer towards a break up.
In order to change the direction of things you have to get involved and prove to them that you support your marriage and anything it will take to reach a resolution. This includes attacking the problems and discussing them. Of course you don’t want to scare them away by being too aggressive, so make sure you approach them in a manner that provides plenty of opportunity for both sides to share their opinion.
Buy Some Time
Depending on how heated your disagreements have become, you may need to buy some time in order to allow things to cool down. The goal here is push the talk of divorce to the backburner so that each side has more time to make a rational decision. You can accomplish this by simply talking about the issues and setting small goals for your relationship. Even if your spouse has become withdrawn from you can still make these ideas work by offering a timetable or “second chance” to fix the issues. The key is to give yourself some time to put together a better strategy.
Get Creative
The hardest part of stopping a divorce is coming up with creative measures to reestablish the connection in your relationship. You need to find a way to grab your spouse’s attention and make them realize how special your marriage really is. This means you have to find ways to reignite the feelings of love and trust that built your relationship. It could be as simple as surprising them with a special dinner, or something more exciting such as a spontaneous vacation or unique gift. The thing you want to focus on is utilizing the strengths of your relationship to overcome the barriers that are dragging it down.
In order to successfully stop a divorce, there are two key ingredients you need to make any plan work. First you will need an ample amount of time to fix the problems. This may require buying some time on your part, which can be done through creative communication. Secondly, you have to find a way to rebuild the romance and passion that can help you overcome the negative aspects of your marriage.
All this will require some thoughtful planning, but if you truly love your partner than you should be able to genuinely display your affections. Once you have rekindled the romantic aspects the rest will come naturally.
Don’t let your marriage troubles turn into divorce. Find out how to save your marriage with the expert resources at MendingMarriage.com
Article Source: How To Stop A Divorce When You Are Still In Love
Hat Tip To: Divorce Advice For Men
Casual Sex After Divorce
Friday, April 8, 2011
Warning: Your Spouse May be Hiding Money During Your Divorce!
Hiding money (or other assets) during a divorce is illegal and unethical. Never the less it’s much more common than you think. Your spouse may be trying to lower child support and/or alimony payments by hiding assets? Learn to identify the signs and uncover the hidden assets to protect you and your children. Get a FREE report revealing 5 common tactics commonly used to hide assets. Visit Divorce Ammo to get your FREE report now.
Thursday, April 7, 2011
Russian Women Marriage and Divorce Rate Stats
One of the most elusive stats about Russian women marriage has been the success rate of these cross-cultural marriages. When I was searching for my single Russian women back in 2000 and 2001, there was an unsubstantiated report that was widely circulated.
This report claimed that a study or survey had been taken. The survey questions were posed to American husbands and some Russian wives. The result, they claimed was that after several years (I believe the time frame was 3 years), almost 75% of these cross-cultural couples were still married.
At the time, I did not know any better, so I just accepted this information. As I learned more about this industry I began to have the sneaking suspicion that this information was not accurate.
Well, now we know. There has been a new survey taken with some hard data. This was compiled by a well-respected Russian dating agency newsletter, with the assistance of several other Russian marriage agency web sites and forums. It was further conducted and/or audited by an outside statistics firm to provide authenticity and accuracy of the numbers.
So what were the findings? They do speak favorably to the success of Russian women marriage. 40.76% of the cross-cultural couples are divorced, while 59.24% are still married.
At first glance this may not look like a big difference. After all, the other study suggested that the divorce rate of such couples was only 25%. Yet, we should consider the fact that the US domestic divorce rate is right around 50%, depending on which study you choose to believe (it may be even higher). So, a 9% difference in the divorce rates is very significant, statistically speaking.
This information clearly shows that you will have a greater chance of success in staying married to your Russian bride, than if you married someone here in the US.
Another interesting piece of information is included in this report. The age difference between the various spouses is not nearly as large as has been thought (and reported). When men were asked the question about age differentials, it averaged 9.8 years. When women were asked, the difference averaged 8.6 years. However you look at this, the average age difference between cross-cultural spouses is less than 10 years.
One of the strongest pieces of advice I usually give to my clients is in this area. It has always been my opinion that a man should not be dating single Russian women more than 15 years younger. In fact, even 15 years is pushing the envelope a bit. Yet, for years, Russian women marriage agency has been telling their male clients that is ok for them to try and find a woman 15, 20, even 30 years younger.
Hopefully, this new report will be well circulated and soon these Russian marriage agencies will no longer be able to keep spreading these lies. And the men who are interested in pursuing these wonderful Ukranian women, Russian women, Kazakhstan women, etc. will be much better informed.
Finally, the report also asked the question whether or not these people would be willing to consider another cross-cultural marriage if this one were to fail (i.e. end in divorce). Nearly 90% of them said that they would be willing to try again with such a relationship.
That certainly says something about their level of contentment with their partners, and the fact that they clearly believe this is the path to their happiness.
After having traveled throughout the Former Soviet Union, even living there, the author is someone that has truly ‘been there, done that.’ For more information about finding, meeting and marrying Russian women, please visit: Marry Russian Women
Article Source: Russian Women Marriage and Divorce Rate Stats
Wednesday, April 6, 2011
Some Information for Those Seeking It on Divorce
There are more divorces, more abuses, more abandonment, more unemployed, more drug and alcohol addictions, more crime, and less godly training in the home. The conditions for child support are often settled as a part of the arrangements of a divorce, dissolution, annulment, or marital separation of a civil union.
No BS Divorce Strategies For Men
I want to be heard and this rule changed to protect all divorced military spouses from loosing their benefits after being married over 20 years to a retired military person. Unexpected and traumatic events such as illness, job losses, business failures and divorce can all contribute to a family’s financial problems. Divorce can be a traumatic experience for parents as well as children and having lost the support of your marital partner it’s all too easy to turn to your children to fill the gap.
Like people, organizations cannot constantly change their jobs, divorce and remarry etc, because this would result in an absurd situation or a completely passive attitude. Many people panic if they are unemployed or are faced with divorce or sudden expenses. Here are a few subjects to give you some ideas: Recipes Cooking Sewing Tips Gardening Canning Makeup and Skin Care Weight Loss Self Improvement Health and Fitness Child Development Teenagers Romance Dating Relationships Divorce Single Mothers Single Fathers Teenage Mothers Teenage Fathers Home Decorating Home Remodelling Home Maintenance Plumbing Carpentry Small Appliance Repair Home Buying Auto Mechanics Auto Buying Home Finances Home Business Computers Internet services are also very profitable.
We can get away with it only for so long before it shows up in some way – illness, divorce, depression, and so on. A marriage taking place at an inauspicious time can lead to disastrous consequences or divorce or life-long agony. In this conventional viewpoint, the wave, “wavicle”, or particle separates from the source, moves through empty space, and then is absorbed by the sink, thereby becoming a part of the sink and fully divorced from the source.
A lending institution is not allowed to close an account simply because a married couple have divorced or are contemplating divorce. In the event of a divorce, according to Ute custom, the ex-wife was unable to share in the couple’s assets (in this case, land). The traditional notion of family composed of a husband, wife and two to three children also began to break down with the rise in divorce rates.
Getting married, or divorced, starting a family, moving, promoted, illness, any of these sorts of things can render your life plan out of date. These include a lottery award letter obtained from state lottery commission, a duplicate of your most recent lottery check, a copy of most recent tax return, passport-size photograph, identification documents, copies of marriage license, divorce decree and property settlement if applicable, copies of all important documents related to your bankruptcy discharge, and copies of any other important dealings related to your lottery winnings. In your dispute be concise and include any documentation you have such as a copy of your separation agreement and who is to pay the debt and or your divorce papers to prove the debt was incurred after the divorce and without your knowledge.
Is it for financial reasons, to be nearer to your own parents or other family members, due to a divorce or remarriage, for health reasons, for a new climate, for a change of scene, or simply for the adventure of it?
Uchenna Ani-Okoye is an internet marketing advisor and co founder of Free Affiliate Programs For more information and resource links on divorce visit: Divorce Lawyer Consultation
Article Source: Some Information for Those Seeking It on Divorce
Source: Divorce Advice For Men
Marriage Counseling
Tuesday, April 5, 2011
How to Overcome Divorce and Adversity
Divorce, whether you are choosing to divorce or have divorce thrust upon you is a time of adversity. How you view and handle adversity will determine how well you navigate your divorce. Some say it takes years to recover from a divorce. This doesn't have to be true for you.
...Source: About.com Divorce Support
Divorce and Auto Insurance: Is Your Child Covered For A Future Accident?
Here’s a typical and all too familiar scenario. Months or years after your divorce, you hand the car keys to your minor child, who negligently wrecks the car and seriously injures another motorist. You promptly turn the claim into your insurer, thinking that your child is covered under your auto policy, only to be shocked that the insurance company denies the claim. And now both you and your child have been sued by the injured driver for thousands in medical bills and lost wages, and you are facing the prospect of personal liability – and possibly bankruptcy.
There are two principal reasons why the insurance company might deny the claim: your child is neither a “named insured” nor a “resident relative” under the policy. If your child is not a “named insured” listed in the policy, the policy will usually still provide coverage for “resident relatives” of the household.
But here’s the problem: with flexible parenting arrangements and written agreements that do not specify “residency” issues, where is your child actually residing? In one parent’s home? Or both? Or even at a third home if time is spent living with grandparents? The question is: is there anything you can do to ensure that your minor children will be covered in a future accident under one or both parents’ insurance policies?
This accident scenario has been frequently litigated. Courts examining this issue have focused on what constitutes “residing” with a particular parent for purposes of satisfying the “resident relative” requirement of the insurance policy. One factor courts will look to is the language of the divorce or dissolution decree or visitation agreement. For example, if the agreement provides that the minor “alternately resides with each parent under a custody or visitation arrangement,” it may carry persuasive weight as to whether the minor was a resident of one or both homes.
Some courts have recognized the concept of “dual residency” for purposes of meeting the “resident relative” requirement, and have rejected the notion that a minor can only “reside” in one home. Courts that have adopted a dual residency standard have realized that the concept of a minor’s “dual residency” is a frequent reality in divorce situations.
Litigation aside, there are two simple and important steps you as a parent can take now, BEFORE A CRASH EVER OCCURS, to ensure your children are covered under your auto policy. The first is to contact your agent, in writing, and notify him or her that your child will be driving the vehicle(s) on occasion, and ask that your child be listed as a named insured under your policy. The second step you can take is to make sure your divorce or separation agreement expressly states that your child will be alternately residing with each parent. These simple steps will greatly reduce or even eliminate any opportunity for your insurance company to deny a claim in the future.
As an attorney who represents auto accident victims, the unholy trinity of (1) a divorce; (2) a minor causing a serious crash; and (3) litigation over whether the minor was covered as a “resident” under unclear insurance policies or divorce decrees, is an all too familiar scenario. But if you think that this is not a real problem on your radar screen, I invite you to do two things after reading this article. The next time you’re driving somewhere, take notice of how many young drivers are talking on cell phones or texting while driving. And when you get home, look at how much you’re paying for auto insurance. Either one of those facts just might move you to take action to make sure your policy works to protect you, given what you’re paying for it every year!
BRIAN R. WILSON is a partner with Nicodemo & Wilson, LLC, a law firm in Canton, Ohio that represents clients in auto and trucking accidents. He is the author of two books, “How to Buy Car Insurance in Ohio to Protect Your Family” and “Your Ohio Accident . . . And How You Can Level the Playing Field.” He has also authored numerous articles on insurance coverage issues, and has litigated numerous coverage issues in Ohio courts.
Article Source: Divorce and Auto Insurance: Is Your Child Covered For A Future Accident?
Original: Divorce Advice For Men
Men's Divorce Guide
Monday, April 4, 2011
Florida Changing its Stance on Alimony
On Friday, the Florida House Civil Justice Subcommittee unanimously approved a bill proposed by Rep. Kelli Stargel, R-Lakeland requiring judges to ensure that those who pay alimony do not wind up with significantly less net income than those who receive it.
...Save Marriage
Sunday, April 3, 2011
Win Child Custody With Your Parenting Plan
One thing you definitely do not want to lose is your child custody case. As a divorced parent, you want to do everything in your power to make sure that the child custody agreement comes out in your favor. And, the number one thing you need to ensure a victory is to prepare an amazing parenting plan.
A parenting plan is also called a custody agreement, visitation schedule, etc. Thinking of it as a parenting plan is useful though because it is vital that you have a plan to back up your custody agreement and schedule. If you really want to win child custody, you have to come up with more than a rotating schedule–you really do need to have a plan.
The first part of your plan is the parenting schedule. If you and your ex agree on the type of custody–joint or sole–then you need to come up with a schedule that is acceptable to both parents. In a joint custody schedule, both parents will have about equal time with the children. If one parent is the custodial parent and the other has visitation times, you need to come up with a schedule that has the visitation times.
If you are the custodial parent making a plan, be sure that you are allowing for adequate visitation time and being fair. This will help the child’s other parent to be more agreeable to the schedule. It also will look good in court or mediation because it shows that you are fair and thinking of the child’s best interest. If you are the non-custodial parent, come up with a schedule that has the visitation time that you want.
Along with the basic schedule of custody–the rotating weekends and such–be sure that your parenting plan includes how the holidays will be divided and also plan for vacation time with both parents. Also think about the times when the children aren’t in school and if the parenting schedule should change to reflect that.
After you have the schedule set up, the next part of your plan is to think of provisions you want included in the agreement. Provisions are any stipulation that your want your former spouse to comply with. Perhaps you’d like to be told your ex’s new address and phone number within a certain amount of days. Or maybe you’d like to agree that in order to take the child out of state, the parent has to get the other parent’s written permission. You can put in whatever you think is important. This is one small way to ensure that certain standards are kept in the raising of your child.
All of this comes together to form a great parenting plan. The last thing is to gather all of your plan together and organize it. You want to create multiple copies of the calendar, and have all of your provisions typed out. If you have a well thought out plan accompanied with nice, neat documents to present to the court, your ex, or mediation, you will be listened to and your ideas will be accepted. Then you can enjoy your time with your child and really feel like you have won your child custody case.
Find out how to win child custody by creating the perfect parenting plan.
Article Source: Win Child Custody With Your Parenting Plan