Category: Uncategorized

A Distant Father is Sentenced to Prison for Not Paying Child Support

Child support payments are meant to cover costs that accrue when raising a child, as child custody lawyers Rockville MD relies on can attest.  Typically, a child would have two parents who would provide support for his or her growth and development.  However, this often is not the case when the parents decide to separate, and leave the child in the custody of only one of the two parents.

Whether it is through a mutual agreement between parents or a court order, the importance of paying child support is immense, ultimately because it supports the child’s well-being.  Furthermore, to emphasize this, child support laws are always enforced strictly by laws across all fifty states. Many state laws have provided reasonable options for parents who are late with a payment.  For example, in Texas, there is a hotline for these parents to call in case they fall behind on their child support payments. The parents who use this hotline are not subject to an arrest warrant because, after all, the main purpose is not to arrest the parent; rather, it is to provide financial support for the child.

However, for non-custodial parents who continue to fail to fulfill their responsibility of providing child support, the consequences can add up, just as they did for Joseph Sahagun.  Stephen B. Rye, District Attorney for Lyon County of Nevada, declared a prison sentence for Mr. Sahagun, who failed to pay child support. The Third Judicial District Court ruled in favor of the State and sentenced the 40-year-old man from Yerington to 12 to 32 months in Nevada’s State Department of Corrections of Failure to Pay Child Support.

The District Attorney stated that Sahagun had owed “more than $20,000 in child support, and chose to ignore his support obligation to his children.”  Stephen Rye further commented that Mr. Sahagun had been given multiple opportunities to submit his payments, and stated as well that making the payments was possible for Sahagun, and not a financial burden.

Rye ended his announcement with the following statement:

Parents have a legal obligation to support their children. It is rare that it gets to the point of prison, however, when parents, such as Sahagun, decide to defy court orders, ignore obligations, and engage in a conscious pattern to thwart the justice system and neglect the needs of their children, all during a time they have the ability to support their children, judges should put them in prison. Mr. Sahagun fits this description. He engaged in an intentional pattern of criminal conduct over the course of several years at the expense of his children. The sentence is more than justified. The Lyon County DA Child Support Division works diligently to collect child support, including criminal prosecution in cases such as this.”


Thanks to our friends and contributors from the Law Office of Daniel J. Wright for their insight into child support.

How is a Brain Injury Claim Evaluated?

An external traumatic brain injury occurs when a force penetrates or fractures the skull. A brain injury is unlike any other injury. A broken arm can usually heal and get back to work again soon, but brain injuries do not heal in the same manner.

Common Brain Injury Causes

There are quite a few possible causes of a traumatic brain injury, some of the most common are:

  •       Auto Accidents
  •       Sports Injuries
  •       Falls
  •       Blows to the head
  •       Bullet wounds

Common Brain Injury Symptoms

Common symptoms of a traumatic brain injury include:

  • Physical: headaches, chronic pain, fatigue, dizziness, sensitivity to light, loss of motor skills, speech impairment, disturbed sleep patterns
  • Emotional: changes in behavior, changes in personality, changes in emotional expression, frustration, irritability
  • Psychological: depression, anxiety, PTSD, social avoidance, uncontrollable behavior
  • Cognitive: memory loss, confusion, mental fatigue, difficulty with concentration, easily confused, impaired language communication

Brain Injury and Auto Accidents

Auto accidents are one of the top three leading causes of traumatic brain injuries. While riding in car, the head is exposed to any number of objects that could cause arm if struck with force, including the steering wheel, the windshield, the back of the head rest, etc. Even if the head doesn’t strike an object, the sheer force of the collision can cause the brain to collide against the internal hard ones of the skull, resulting in a brain injury.

Personal Injury Claim v. Brain Injury Claims

In evaluating a brain injury claim, often the most difficult task is to prove that a brain injury even occurred.  In addition, there is no normal pattern for traumatic brain injury, everyone responds differently to such an injury, making it difficult to compare and value. To help your claim, you’ll want to make sure that evidence of the brain injury is well established. If you’ve been injured in an auto accident:

  • Seek Immediate Medical Attention: this may include MRIs and CT scans
  • Establish Loss of Consciousness: you don’t necessarily need to lose consciousness if you sustained a brain injury, but if you did, make sure it is documented in medical records
  • Get an Early Diagnosis: this isn’t always possible, but the more you seek treatment, the sooner medical professionals should be able to diagnosis a brain injury
  • Consistent Treatment: if you are experiencing any of the above-mentioned symptoms, continue to seek medical and psychological treatment

How you brain injury claim is evaluated has a lot to do with how much evidence of brain injury you can produce. If you think you may have suffered a brain injury due to an auto accident, contact the a lawyer, like a brain injury lawyer Phoenix AZ relies on, today.


Thanks to our friends and contributors from Kamper Estrada, LLP for their insight into brain injury claims.

 

Common Driving Habits That Can Lead to Accidents

When you drive on a regular basis, you’re bound to make mistakes on occasion. However, some of these mistakes can cause serious car accidents. It’s important to be more aware of your actions while behind the wheel to protect yourself and others on the road. Here are some common driving habits that can lead to accidents:

Texting and Driving

Despite all the warnings against texting and drivers, many drivers still continue to do it. If you are sitting at a red light, it might not seem like a big deal to respond to your friend’s text message. However, even typing a few words can divert your attention from the road and cause an accident. That’s why you should wait until you’re parked at a safe spot to answer texts.

Failing to Use Turn Signals

It’s important to always use your turn signals, even if your on a residential street with little traffic. Turn signals let the drivers behind you know that you are slowing down and will be making a turn soon. If you fail to signal, the vehicle behind you may not have enough time to slow down and rear end your car.

Braking Hard

If you change your mind about where you want to go or miss a turn, you may hit your brakes very hard. Unfortunately, this can cause you to rear end the vehicle in front of you. Try to avoid braking suddenly as best as you can.

Not Wearing a Seatbelt

Even if you are just driving down the road to the grocery store, you should always wear your seatbelt. In the event of an accident, a seatbelt can protect you from suffering serious injuries. Failing to wear a seatbelt can also result in a traffic ticket, so it’s best just to always keep yours on while behind the wheel.

Not Slowing Down in Bad Weather

While it is best to stay home when the weather is bad, sometimes you have to be somewhere. If you have to drive when it’s raining or snowing, you should drive at a slower speed. Otherwise, your car can slip on wet pavement and crash into other vehicles.

Eating

If you are quite busy in the morning, you might eat your breakfast in the car to save time. However, eating while you drive can divert your attention from the road, increasing the risk of an accident. Try to wake up a little earlier in the morning so that you have time to eat breakfast at home.

If you were hurt in a car accident that was another driver’s fault, you may want to speak to a car accident lawyer. You may be entitled to compensation. Common damages in a car accident case include medical bills, lost wages, property damage and pain and suffering. A skilled lawyer may help you gather necessary evidence, communicate with insurance adjusters, fill out important paperwork and represent you in court. In the event that you need legal advice, do not hesitate to contact auto accident lawyer Lakeland, FL

 

Thank you to David and Philpot Personal Injury Law for providing the key insight on common driving habits that lead to accidents.

What it means to “pierce the corporate veil”

When filing suit against a corporation or other entity, it’s important to use tools of discovery to determine whether the shareholders or owners are adhering to corporate formalities.  If they are not, or if the corporation is being used to perpetrate a fraud, then you may consider the procedural maneuver of “piercing the corporate veil.” This would allow a Plaintiff to not only recover from the corporation but from individual shareholders.

Piercing the corporate veil is an equitable doctrine developed at common law, which, as stated above, allows a court to order that the legal existence of a business entity be disregarded. Originally, this concept was designed to allow creditors and other claimants to recover against the shareholders of a corporation, despite the principle that shareholders have no personal liability for debts of the corporation. This evolved over time so that the rule as it stands today seems to be predicated on the fact that if certain owners of a business fail to respect the separate existence of that business, Plaintiffs need not recognize the business either. Courts will often be asked whether the corporation was “a mere instrumentality” of the principals or whether the corporation was no more than the “alter ego” of the person against whom recovery is sought.  If these questions can be answered in the affirmative, then a Plaintiff should consider piercing the corporate veil to recover their damages. As taught in law school, it’s important to always “follow the money,” particularly when there is ample evidence of fraud, misrepresentation, or a disregard of the corporate entity.

Piercing the veil will require considerable briefing on the specific facts of the entity at issue.  Case law provides insufficient guidance as to the precise type of behavior that will put owners of companies at risk of losing their protection against personal liability. In a defense setting, it would be important when advising business clients to warn them that they need to respect the separate existence of their business, and observe the formalities associated with having a business that is distinct from them. From a Plaintiff’s perspective, if it can be shown that this advice has been disregarded, and the corporation has largely been disregarded, piercing the veil is a legitimate option.

This type of procedure has become one of the essential elements to effectively and competently represent Plaintiffs against a corporate entity.  When selecting an attorney, you should consider hiring a veteran trial Little Rock personal injury lawyer who has experience in piercing the corporate veil.  


Thanks to Steve Harrelson and our friends and co-contributors from Harrelson Law Firm, P.A. for their added insight into piercing the corporate veil.

 

Things You Should Do After a Truck Accident

Truck accidents occur every day in the U.S. and are most often caused by driver negligence. For example, a truck driver might be fatigued from driving too many hours and lose focus of the road ahead. Being involved in this accident can be very scary, but it’s important to take quick action to improve your chance of getting fair compensation. Here are the steps you should take after a truck accident:

Contact the Police

The first thing you must do is call the police and report the accident. When they come to the scene, provide details about the accident to the best of your ability. For instance, if you noticed that the truck driver was distracted with a cell phone or seemed tired, make sure to tell the police. Afterward, don’t forget to ask for a copy of the police report for your records.

Ask Witnesses for Their Contact Information

Don’t rely on the police report to provide you with the names of witnesses. If there were any bystanders present when the truck accident occurred, be sure to ask for their names and contact information. They may be able to testify on your behalf in court.

Take Photos

As the old saying goes, a picture says a thousand words. Taking photos of the accident scene may help your personal injury lawsuit. Be sure to capture shots of the damage to your vehicle, visible injuries and other vehicles involved. If you aren’t physically able to take photos, ask someone nearby to do it for you.

Seek Medical Care

It’s in your best interest to see a doctor as soon as possible, even if you feel fine. Sometimes truck accident injuries aren’t immediately apparent. For example, whiplash, also referred to as a neck injury, may take several days to show up. Your doctor can give you a full evaluation and determine if you need treatment or not. If you fail to get medical care right away, the insurance company might deny your claim.

Follow Medical Advice

If your doctor has determined that you need treatment for your truck accident injuries, it is imperative that you follow his or her orders. For example, if your doctor recommends for you to get physical therapy, you need to do that. If you skip your appointments, you could hurt your chances of getting compensation.

Speak to a Lawyer

Handling a truck accident claim on your own is not exactly easy. Truck accident companies often hire the best lawyers that money can buy. That’s why you should hire a reputable truck accident lawyer as soon as possible. He or she may help you bring a lawsuit against the trucking company and protect your legal rights. A skilled lawyer will not let you get taken advantage of.

Don’t wait to file a lawsuit for your injuries. Schedule a free consultation with an experienced truck accident lawyer today. The majority of accident lawyers offer free initial consultations.


Thanks to authors at Hot Legal Tips for their insight into Bankruptcy Law.

How do I reduce my risk of a motorcycle accident?

 

If you’re a new rider, or a seasonal rider who’s a little rusty behind the bars, you might be interested in knowing how to reduce your risk of an accident. Thankfully, there are several things you can do as a bike rider to help keep you safe on the road. Here are some tips to help you enjoy the open road and worry less about getting hurt.

 

Drive Defensively

 

This is an often used phrase, especially among motorcycle riders. Even most new riders understand that a biker has a much smaller profile than cars and trucks. This makes it more difficult for other drivers to see you, thus increasing the risk for getting hit by another vehicle. And because a motorcycle weighs a fraction of what full-sized vehicles weigh, it’s usually the biker who sustains the most serious injuries in a collision. Here are some ways you can drive defensively and increase your safety. It begins with assuming you are invisible. That’s right, because probably a large percentage of other drivers don’t see you or your bike.

 

  • When approaching intersections, keep an eye on your rearview mirror when slowing down. If the vehicle behind you is not slowing at the same rate as yourself, move to the edge of the lane to give them room in case they don’t stop behind you.
  • When turning in an intersection, anticipate whether or not the vehicles around you are giving you the right of way. If they are not, yield to them by slowing or stopping or otherwise avoiding them in as safe a manner as possible. Be aware of pedestrians as you do this so that you do not collide with them, either.
  • When in parking lots, remember that drivers have limited visibility of any vehicle while backing up, much less motorcycles. Again, assume they can’t see you. Many larger shopping centers provide motorcycle parking at the edge of lots and these tend to offer slightly more protection to bikes than regular parking because they’re partitioned off. They also offer a clearer view around you when you’re leaving. Take advantage of these parking spots when available.
  • When on the highway, remember that drivers often don’t signal when changing lanes. Sometimes they signal while changing lanes, which is not helpful for giving you advanced warning of their intentions. Watch the body language of drivers. If you see them checking their rearview mirror or looking over their shoulder, anticipate that they may be about to change lanes. Also, make eye contact with other drivers. Studies have shown that this can help them remember your presence and act accordingly when changing lanes.

If you were involved in a motorcycle accident that was not your fault, give us a call. An experienced motorcycle accident lawyer from our firm may be able to negotiate you a higher settlement amount than what the insurance company offered you. Call an attorney today, like a motorcycle accident lawyer Henderson NV residents trust.


Thanks to our friends and contributors from Nadia von Magdenko & Associates for their insight.

 

What are the Repercussions for Withholding Child Support?

When children are involved, going through a divorce, which is already incredibly emotional and stressful, becomes even more difficult. You may be wondering how long it will be before you receive the first child support payment; or what will happen if your child’s parent doesn’t pay when they are supposed to? Unfortunately, the length of time it could take to receive payment can vary, especially if you are caught up in a lengthy and contentious custody battle with your ex. There are a number of options that can help to collect the child support payments you are in need of. Specific agencies are designated to help gather payments. These are options available to you if you find that you are not receiving child support payments from your ex that the court will use to secure payment:

  • Wage Garnishment: In some situations, child support is collected through the garnishment of the person’s wages.
  • Jail Time: Your child’s parent could be required to serve time in jail if they do not pay the child support that is owed to you and your child.
  • Tax Refunds: It is possible to receive your ex spouse’s tax refund. An attorney can look at your case and potentially help you collect money from your ex’s refund.
  • Driver’s License: If a person is not paying child support, they could lose their license. This is used as a strategy to encourage a person to make the payments they owe.

Child Support Helps to Care for the Children

It is a big expense to take care of a child. The purpose behind child support payments are to help keep the child’s life as intact as possible despite the divorce. Just because you and your partner have decided to call it quits, does not mean that your child should have to give up aspects of their life that they have become accustomed to. Children require many things throughout their upbringing including:

  • Food
  • Clothing
  • Medical Care
  • School supplies
  • Extracurricular activities (like cheerleading, football, debate team)

Child support helps the custodial parent in paying for the necessities of the child. Regardless of where a child is living, financial support of the child is the responsibility of both parents. In some situations, parents fail to make their child support payments. This varies from late payments to, none at all. This can have a deep impact on both the custodial parent who may be relying on child support and the child who will in turn, be impacted. Fortunately, there are some ways to collect child support through the courts if this occurs. Speak with an experienced attorney such as the child custody lawyer Phoenix AZ locals trust.

 

Thanks to authors at The Hildebrand Law Office for their insight into Family Law.

 

5 Tips for Developing a Viable Business Plan

A business plan is a document that lays out a business’s future plans and strategies and details how it will achieve its set goals. There are many different tips that can help you develop a sound plan to work off of, but these are the five most important.

Being Reasonable

A realistic outline should always be reasonable and detailed. The budgets, sales goals, and dates for milestone should come from strategies that are very achievable. A solid map should lay out the good and bad within your industry. It should have a list of backup plans as well. Something to think about is making a list where you write down feasible goals that help address these challenges and capitalize on the available circumstances.

Defining the Direction of the Business

When you are trying to pinpoint where your business is going, a few rules must be followed. Create a marketing statement that outlines what the business would do to fulfill the needs and wants of its customers. The marketing statement will push the business in the right path and make sure that it stays on its projected path. It should include what products a business wishes to sell, what its budget is for the next two years, and how much growth is expected to occur within those years.

Factors that Influence Success

Three things known to influence the success of a business are its customers, supply and demand, and competitors. The customers are truly the backbone to any business, and their demand is what generates income. Likewise a business’s competitors also are a big help in driving the success of a business. It is human nature to want to win a competition, and if a business’s competitors are attracting more business, then it is time to introduce a new product or sale

Projected Financial Growth

The financial execution is a testament to a business’s accomplishments. The business plan should have somewhat of a projected plan for how the company will perform based on its particular market conditions and exposure to its competition. Business plans need to address the profitability of its merchandise and the demographic of customers that the business expects to bring in. An ideal approach when projecting what the company will yield each year is to overestimate the company expenses and undervalue the expected revenues. This way you will always exceed your goal income.

Developing a Unique Strategy

A unique and sound plan should outline how the company will obtain and sustain a competitive advantage in the market. An analysis of the market’s competitors is always a good place to start. Exploring their strengths and weaknesses will give you the upper hand in figuring out your next strategic step. Strategies should anticipate potential problems and outline solutions to those problems.

Don’t forget to give consideration to the legal obligations of forming a business as well. One of the best business formation lawyers Folsom CA trusts can help you with any questions.

 

Thanks to our friends and contributors from Yee Law Group for their insight into business law.

Is it Illegal to Spy on my Cheating Spouse?

You will likely feel hurt and betrayed if you suspect that your spouse is cheating on you. This is a perfectly understandable feeling to have. Despite this, you may act irrationally due to the emotions you are experiencing. For example, when it comes to obtaining information regarding your spouse that is incriminating, you may attempt to go outside of what is within the confines of the law.


Cell Phone Wiretaps

You could be at risk of criminal and civil charges if you are caught making efforts to record conversations your spouse is having. Some states may require that both parties consent to the recording while others may only require the consent of one person. The recording may be admissible in court if you were not part of the conversation that you recorded of your spouse.


Email Accounts

These days, accessing the email account of your spouse is quite easy. If the password saved automatically, you may be able to get into the email account through the use of your computer. However, you could face criminal charges if you access an email account without the person’s permission.  


Text Messages

Advances in technology allow you to use your computer or smartphone to download text message from your spouse’s phone. With certain software, you may even be able to access text messages that have been deleted. If you do not own the phone, it may be illegal to obtain these text messages from your spouse’s device. In court, these text messages may not be admissible.


Tracking Your Spouse with GPS

There could be legal ramifications for putting a GPS tracker on your spouse’s vehicle to gather information regarding where they may be going. You could face serious criminal charges if the vehicle is owned or leased by your spouse. According to community property law, you do not have the right to track your spouse’s vehicle with a GPS tracker.  

When it come to wiretapping laws, they must be followed, even if you are going through a divorce. Your spouse has the right to bring forth civil or even criminal charges if you attempt to illegally gather information. Lack of awareness does not mean that you will be exonerated from breaking the law. Prior to gathering any evidence against your cheating spouse, it will be important that you meet with a divorce attorney. A family lawyer Arizona residents turn to can provide you with legal advice that will ensure that you do not break the law trying to gather evidence against your cheating spouse.

 


Thanks to our friends and contributors from Hildebrand Law for their insight into family law.

 

When To Choose Divorce Court Over Mediation

Divorce is one of the most stressful events a person can experience. Sometimes, the stress and heartache can be mitigated if both parties want and agree to settle it civilly. However, there are cases when settling a divorce in court may be more advisable than seeking a divorce through mediation. Here are some cases where divorce court would be the ideal option.

A Combative Partner

If one party in the case is particularly combative, you may have no logical choice other than divorce court. In more dramatic cases, volatile clients might have retained a divorce lawyer who also aggressively pursues every remedy possible, to the extent that peaceful negotiations are not feasible. This mixture of an angry spouse with an aggressive lawyer can make mediation impossible.

Spouse Using Divorce Court as Revenge

It’s no secret that divorce court can require a lot of time, money, and energy that you might not have. Some particularly malevolent spouses may leverage this, making the divorce proceedings as lengthy and time-consuming as possible, to “get back at” their partner. If one party insists on using court and refuses mediation, divorce court is the only option left.

The Other Spouse is Absent

The previous two examples happen frequently. Perhaps a more rare occurrence is that one of the parties simply leaves town and doesn’t come back. In this case, divorce proceedings may still occur, but mediation requires that both parties are present. If your spouse leaves and does not return, you will need to get a divorce court judge to dissolve your marriage. While this can be annoying, it’s significantly less stressful and time-consuming than some other divorce court situations.

Spouse Attempts to Manipulate Mediation Efforts

If your spouse is particularly dishonest, they might take advantage of the more casual atmosphere of mediation and lie about key facts. Mediation requires a “good faith” effort from both parties in order to be fair and effective. More manipulative parties can create costly fabrications that would be perjury if done in divorce court. In these scenarios, the more reasonable spouse may be the one requesting divorce court over mediation in order to avoid losses that will be difficult, if not impossible, to recover later.

Physical Danger Present

Your safety is paramount at all times. Because mediation is less structured, it’s riskier to negotiate with a spouse who has previously been convicted or accused of domestic violence. Even though divorce court is more costly, it provides more physical security and fewer opportunities for a violent spouse to attack.

In most cases, mediation is advised if it’s possible. Some of the benefits of mediation include:

  • Much smaller fiscal burden
  • More peaceful proceedings
  • Matter is kept completely confidential

Regardless of whether you choose mediation or a court proceeding for a divorce, getting counsel from a divorce lawyer in Bloomington IL is always a good idea.

 


Thanks to our friends and contributors from Pioletti & Pioletti for their insight into divorce.