Pages Menu

Laws That Anticipate Extraterrestrial Contact

Most recent articles

6 Things You May Not Be Able To Include In A Prenuptial Agreement

Posted by on Nov 20, 2015 in Uncategorized |

Establishing the division of assets in the event of a divorce is a common purpose of prenuptial agreements, but engaged couples have many other reasons for setting up these legal arrangements. People with children from previous relationships, for instance, may want to stipulate that their offspring receive a certain amount in an inheritance. If you plan to draw up a prenuptial agreement with provisions not related to division of assets in a divorce, learn examples of some aspects that may not be allowed by your state laws. Some provisions may not be forbidden by law but are unlikely to be approved by the judge who reviews your agreement. Child Support Restrictions No states allow restrictions on possible future child support payments. Child support is determined by state laws, although judges can make certain changes when a parent petitions the court.  Child Custody and Visitation Issues These matters typically are not allowed to be addressed in a prenuptial agreement. First, family law courts will not uphold agreements designed to limit one parent’s rights to visitation or custody. Second, even if you and your betrothed have created a reasonable shared custody or visitation schedule, a lot of things can change over time. One of you may want to dispute that agreement in the event of a divorce, and the court will want to start fresh with the situation as it stands.  Spousal Support Restrictions Some states do not allow a person to waive the right to spousal support in a prenup, but others do.  Domestic Issues A prenuptial agreement is not intended to set forth legal parameters on domestic issues such as who is responsible for certain household tasks which holidays are spent with which relatives how much vacation time will be spent with each person’s parents how much time each person is allowed for separate vacations Issues Qualifying as Unfair Judges are unlikely to approve prenuptial agreements that include clauses that are unfair or appear to only be included to discourage divorce. For instance, one person cannot specify that they receive 80 percent of all assets accumulated after the marriage if the other person files for divorce. Divorce Threats The agreement cannot contain provisions specifying that if one person takes a certain action, such as being unfaithful, the other person is allowed an uncontested divorce.  Concluding Thoughts States vary on what factors can be stipulated in prenuptial agreements. A family law attorney can tell you whether anything you want to include is acceptable or not. Contact a lawyer like The Law Office Of James R. Kennedy Jr. for further...

read more

4 Mistakes To Avoid When Taking The Bankruptcy Means Test

Posted by on Nov 3, 2015 in Uncategorized |

If you’re in the midst of a financial bind, you may want to strongly consider filing for bankruptcy. If you qualify for this legal status, you may be capable of getting most or all of your debt discharged. In order to determine your eligibility, you will be required to take a bankruptcy means test and you will need to provide a great deal of information about your financial situation. Knowing some of the most common mistakes to avoid while taking this test may allow you to have success in achieving this status.  Mistake #1:  Listing the wrong household size You will be required to list how many people live in your home to help determine if you’re eligible bankruptcy. This can be an area of confusion for some people because of tenants, elderly people and other individuals who reside on your property. The best method to help you accurately determine the amount of people to list will depend on if these individuals are financially dependent on you. For instance, if you have an older parent living with you that relies on your support, this person could be included. However, a tenant who is renting a room for you could not be. Mistake #2: Providing false information about your income One of the main factors that affect your eligibility for this status will be your income. It’s important that you provide accurate figures when responding to this question. Be prepared to have the proper verification of this amount with a W-2 or old paystub. Mistake #3:   Taking deductions that aren’t deductible While taking the means test, you will be allowed some deductions, such as education expenses to help you get a better job. However, paying for your child to attend college is not a deduction that you will be able to take. Additionally, payments that you contribute to your 401k plan can’t be listed either.  Mistake #4: Including child support that you don’t get It’s important to include all of the money you receive each month, but if you’re legally required to get child support, and your ex-spouse doesn’t pay it, don’t list this amount. You should only include the actual money that is deposited into your checking account. The key to being successful at getting bankruptcy is by knowing how to qualify for it. If you need additional assistance when filing for this status, be sure to rely on the expertise offered by a bankruptcy attorney (such as...

read more

5 Things That You Should Know About The Law And Treason

Posted by on Oct 15, 2015 in Uncategorized |

If you love the U.S. but are dissatisfied with government actions or policies, you may wonder if any actions you take regarding these could be considered treasonous. Here are five things you should know before proceeding. For specific advice on your activities and future plans, you would do well to consult a criminal law attorney to protect yourself and your interests. 1. Treason is any act that could be considered harmful to U.S. interests. Treason is any action that involves acting against the security and safety interests of the U.S. government and the public it serves. 2. Charges involving treasonous acts are considered serious felonies. It’s likely that any charges you would receive for a treasonous act would not be strictly called treason. The burden of proof for it is higher than for other crimes. In fact, actual treason charges have been brought less than thirty times in the U.S. It takes a confession in open court, two witnesses, or other solid evidence to be convicted of treason. The punishments for treason are death, life in prison, and/or forfeiture of assets received for the crime. 3. Exercising freedom of speech can intersect with laws about treasonous acts. It is not illegal to speak negatively about the U.S. government. You can write an article, protest, or make a public speech about things you disagree with, about the history of the U.S., or changes you think ought to be made. However, if your speech is broadcasted as propaganda or is put in printed form to serve the interests of a U.S. enemy, it can be considered treasonous. This is especially so if you conspire with an enemy to encourage other citizens to break the law; for example, trying to demoralize soldiers and encourage them to defect to the other side. 4. Sharing or stealing classified information to public entities or other countries is considered a treasonous act. Shortly after Edward Snowden leaked confidential information about NSA spying to the press and left the country, he was charged with three felonies related to his activities. The charges involve relaying classified information to an outside source, revealing communications intelligence, and stealing government property. Other unlawful acts related to this type of crime are money laundering, helping a country develop technology for possible use in military action against the U.S., or selling unauthorized technical information that could be used to develop weapons. 5. You can break the law by sending donations to someone who is defined as a national security threat/criminal. The charge of treason gets bandied about quite a bit in the media, but if the government is pursuing charges against someone for treasonous activities, you would put yourself at risk if you tried to give them assistance of any kind. For example, no matter what your opinion is on Edward Snowden (whether you think he is guilty of treason or is a whistle-blower), sending money or other aid to him is prohibited by a U.S. executive order. So, to recap: your criticism of the government could generally be considered protected under free speech. However, if you make active efforts to undermine the military, engage in activities that could harm fellow citizens, share confidential information to entities that aren’t entitled to it, further the interests of another nation over your own country, or send tangible support to...

read more

2 Methods to Help You Win Your Auto-Accident Case

Posted by on Sep 30, 2015 in Uncategorized |

 Being involved in a car accident case can be one of the most difficult trials of life. The potential for serious injury and large financial losses are precisely the reasons why. It’s important to work towards fully recovering a number of your losses, and this may require you to file a lawsuit against the other driver. Knowing some of the most effective ways to assist you in winning your case is sure to come in handy during this challenging time.  Meet with your attorney  It’s imperative to your case to ensure that it’s strong enough for you to win. This will require you to meet with a legal adviser to get feedback regarding your position in the lawsuit.  Listed below are some questions to ask your lawyer:  1. What evidence is necessary to help win this case? 2.  What is your opinion on the strength of the case? 3.  How long does civil litigation typically take? 4.  What is the process for issuing and serving the lawsuit? 5.  What stages will allow you to provide the evidence that you have?  It’s important to your case to get as many details as possible from your attorney so you will fully know what to expect.  Bring Proper Documentation  In order to help win your case, you will need to have written documentation on hand to do so.  Listed below are some of the reports that can help you build a stronger case:  1. You should get a professional estimate from your auto repair shop on the cost to make any necessary repairs or what it will cost to replace your vehicle fully. 2.  Be sure to provide all the medical bills that you’ve had to pay out of your own pocket because of your car accident injuries. 3.  Take the time to talk to talk to your employer about any wages you may have lost due to being unable to work. 4.  If you had to pay to have your car towed, be sure to add this receipt to your list of documents.  The challenges of being in an automobile accident are many and will take time to fully recover. Be sure to work closely with an attorney who specializes in this area, like one from Monohan & Blankenship, and can work to help you with your case. This could be the most effective method of working to recover all your...

read more

The Special Needs Trust: Saving Money For Supplemental Care

Posted by on Sep 10, 2015 in Uncategorized |

When you have money, it’s important to protect that money for your future needs. Whether you find yourself in need of nursing home care at the moment, or you want to protect financial assets for a disabled heir, a special needs trust can be set up that can pay for supplemental care, supplies and comfort items.  When You Have a Disabled Heir If one of your heirs is disabled, they are likely on federal benefits to help pay for their daily living needs and healthcare. Some of the qualifications for receiving these benefits are income based, and a person receiving Medicaid or Social Security Disability benefits is not allowed to have more than a few thousand dollars in the bank. Receiving a lump sum in an inheritance will put a stop to these benefits and will cause problems for the individual. A special needs trust is not considered an asset when applying for Medicaid or Social Security Disability, and therefore does not interfere with a disabled heir’s benefits. If You Need Long Term Nursing Home Care One of the main reasons people create a special needs trust is when they are admitted to a nursing home for long term care unexpectedly. While Medicare will cover 90 days of a rehabilitative stay in a nursing home, when this care turns to custodial care the benefits change. Nursing home costs range dramatically, costing patients thousands of dollars every month to receive care. When you have money in the bank, you can’t qualify for Medicaid. This insurance will cover your nursing home stay if you need custodial, or long term care, but you can’t apply until your assets have dwindled down to the accepted range of a few thousand dollars. You can place your money in a special needs trust in order to qualify for Medicaid. Even though Medicaid has a look back period, creating the trust is an effective way of putting your money aside so that it all doesn’t go to nursing home care costs. Once the trust is funded, you will no longer have significant assets in your name and you can apply for Medicaid.  The money within the trust can be used for supplemental care, comfort items, clothing and more. This is an excellent way to ensure that you get all of your needs met should you need to live in a nursing home. If you find yourself facing nursing home care and you have assets you aren’t sure what to do with, contact an attorney like Wright Law Offices, PLLC that can help you create a special needs...

read more

3 Unexpected Expenses That Go Along With A DWI

Posted by on Aug 24, 2015 in Uncategorized |

If you have recently been arrested and charged with a driving while impaired charge, you probably know that you will have to pay out a lot of money in attorney fees and court fines in order to take care of things. However, you might not realize just how much the other costs of a DWI can be. These are some of the added expenses that you should also be prepared for. 1. Increased Insurance Rates You probably already know that your car insurance will go up once you have been convicted of your DWI, but you might not realize just how much of an increase you are facing. The amount that your rate will go up will depend on things like your overall driving record and whether you were cited with additional driving violations or were involved in an accident when you were charged with your DWI. Your state might also require you to obtain an SR22 certificate from your insurance company after your conviction, which will also result in added costs. 2. Ignition Interlock Costs If you blew high on the breathalyzer when you were charged with your DWI, or if you have been convicted of multiple DWIs over the past few years, there is a good chance that the courts will require you to install an ignition interlock system in your vehicle. This system will require you to blow into a breathalyzer-type device, and if the machine detects that you have been drinking alcohol, it will not allow you to start your car. These systems can be costly to install, and you will probably need to take your vehicle in monthly to have the device calibrated, which will also result in charges. 3. Court-Ordered Community Service Fees Depending on where you live, there is a good chance that you will be expected to perform a certain number of hours’ worth of community service as a part of your sentence. Although you might not mind giving away some of your time to your community, you might think that the free labor alone will be enough. However, you should know that many jurisdictions require you to pay a community service fee in order to perform court-ordered community service, so you should be ready for this cost. Plus, you may lose some money in wages if you have to take off of work to perform your community service. As you can see, you are going to have to pay for a lot more than just hiring an attorney and paying your court fines. Make sure that you are prepared to pay for these three things, and talk to a criminal defense attorney like Dimeo Law Offices about other expenses to expect. Then, you’ll be ready to take care of things when you go to...

read more

Refuting Common Business Law Misconceptions

Posted by on Aug 7, 2015 in Uncategorized |

Conducting business can be a far more complicated task than many people realize. This is especially true when you consider the variety of legal issues that can arise for every enterprise. Yet, there are many people that are considering starting a business, and they may lack the information they need to properly protect themselves against some routine legal complications. By refuting these myths about business law, you will be better prepared to navigate the various liabilities and disputes that you may encounter: Myth: Incorporating Will Shield You From All Liability Incorporating your enterprise is one of the best ways to reduce the chances that you will be personally liable for many problems that arise from conducting your business. However, there are some people that do not fully understand the limitations of this protection, and they may assume that they are always protected for liabilities.  Unfortunately, this is not the case, and there are many instances where you will be personally liable regardless of being incorporated. For example, incorporating will not protect you from criminal acts or instances where you sign legal documents under your name. In both of these scenarios, you will be fully liable for your actions. The exact laws governing this will vary from state to state, and you should consult with an attorney to determine the exact limitations of this protection your area.  Myth: A Contract Is Always Legally Binding There is another myth that a contract can never be legally broken, and while it is true that it can be difficult to get out of a contract, there are instances where the contract is invalid. For example if the other party has misrepresented their offer or claim, this will void the contract because you were actively being deceived. Another example is if one party signed was forced or bullied into signing the document.  Regretfully, you will be facing an uphill battle if you sign a bad contract, and while your attorney may be able to get you out of this binding agreement, this can be an expensive task. To minimize your chances of encountering this problem, you should always allow your attorney to review any contracts before you sign them to make sure that your rights and interests are protected.  Understanding the legal issues that your enterprise will encounter is an essential step in being a responsible and informed business owner. By understanding the limitations of the protections offered by incorporating and that it may be possible to get out of a bad contract, you will be better able to minimize your enterprise’s exposure to legal...

read more

3 Things To Avoid That Can Get Your Disability Claim Denied

Posted by on Jul 24, 2015 in Uncategorized |

If you have a condition that prevents you from working like you need to, you can apply for disability benefits from the Social Security Administration (SSA). You may think you have a good chance of getting approved, but only around 35% get approved for disability benefits on the first try. That means around 65% of applicants have to go through the appeals process. Here are three things to avoid that can get your disability claim denied. 1. You don’t submit enough medical documentation. The biggest part of your disability claim is proving you are disabled and unable to work. The only way you can do that is by submitting medical records. There is no such thing as too much when it comes to medical records related to your condition. Also, they want medical records from within the past six months so they know you still suffer from the condition. You can still submit older records with the more recent ones to help the SSA see how long you have suffered or how the condition has gotten worse. If you don’t want your claim to be denied, be sure to send all of the relevant medical records you have. If you haven’t seen a doctor within the past six months, you need to do that before submitting your disability benefits application. 2. You make too much money. Another thing that can get your disability benefits denied is if you earn too much income. While it is common knowledge that you can’t earn very much additional income after you start receiving benefits, not many realize that the same rules apply at the time of your application. Currently, the amount of money you can earn each month and still be eligible for disability benefits is $1,090 if you aren’t blind and $1,820 if you are. This is called substantial gainful activity (SGA), and the SSA takes it very seriously. If you make over that amount when you apply, then they will determine that you can still work full-time and deny your disability claim. In order to make sure your income doesn’t get you denied for disability benefits, cut back your hours to where you are only working part-time. If that is not feasible in your current job, you will have to find a job that enables you to earn an income that doesn’t exceed the SGA. 3. You don’t follow the treatment plan provided by your doctor. Treatment non-compliance is something else that can cause your disability claim to be denied. If the SSA looks at your medical records and sees that your doctor prescribed treatment that would have kept you from being disabled, they won’t approve you for disability benefits.  Of course, there are some valid reasons for not going along with certain treatment options that the SSA will accept. Some valid excuses the SSA accepts include: The treatment costs too much money. The treatment violates your religious beliefs. The treatment involves amputation. The treatment involves extremely risky surgery. That is just a sample of what the SSA considers to be valid reasons for not following your doctor’s treatment plan. You can contact the SSA to find out other valid reasons they accept for not complying with treatment. If you haven’t followed your doctor’s treatment plan, you need to be sure...

read more

Three Tips to Get a Zoning Law Change Passed

Posted by on Jul 8, 2015 in Uncategorized |

When you have your eye on a business opportunity, such as renting out an apartment complex to tenants, opening a store, or turning your home into a specific type of business, it is important that you embrace some zoning law tips. These tips will allow you to understand the process of getting a zoning change, along with some tips to making the process go smoothly. Gain an Understanding of the Type of Zoning Change You Need Without question, you’ll first need to understand the different zoning change types, so that you can proceed with a request. There are a number of zoning change types, including conditional use permit (CUP), variance and nonconforming use. A conditional use permit refers to the type of zoning law change that you need for a limited amount of time, such as hosting an event, or setting up a temporary office space. A variance refers to a rule that creates an exception to zoning rules currently on the books. The nonconforming use permit gives certain properties to be grandfathered in for new laws that were passed. Knowing these permit types will allow you to make the best decisions as you move forward.  Know the Process of a Zoning Law Change If you want the decision to go in your favor, you must get a grasp on the zoning law process. You’ll first need to put in an application for zoning changes, either individual or with a representative, such as an attorney. From there, the matter will be turned over to your local zoning board or planning commission. They will vote on the matter, typically after hosting at least two public hearings. From there, it will be forwarded to your town, city, or county government body, along with public hearings. Then it will be voted on by the governing body, and either passed or denied.  Employ the Best Strategies to Succeed with Your Zoning Law Change To put your best foot forward with your zoning change, you’ll need to consider some of the following excellent strategies: If possible, hire an attorney to represent your case Always reach out to the affected neighborhood to garner good will. These are people who can speak in your favor during a public hearing Hire civil engineers for an independent study, to get the best documentation, diagrams and presentations to state your case Always express in your presentations and application how the zoning change will prosper business in the area, not just for you Follow these tips to have success with your requested zoning law...

read more

What Types Of Damages Can Be Asked For If A Vendor Breaches A Contract With Your Business?

Posted by on Jun 22, 2015 in Uncategorized |

When you are running a business, this may require you to hire vendors to provide products for you to sell. This often involves signing contracts with these vendors to guarantee you have access to merchandise for a certain time period. Depending on the type of business, these contracts may need to be renewed every year or may clearly state they are to be active for several years. Unfortunately, sometimes these contracts are broken. For whatever reason, a vendor may claim to no longer be able to provide the products that your business relies on to succeed. When this occurs, you may need to file a breach of contract suit against the vendor. These are some of the damages you can claim to support your breach of contract case. Monetary Compensation Damages Without the products you have been accustomed to selling in your business, you will surely suffer a substantial monetary loss. Therefore, you have the right to ask to be awarded monetary compensation. These are the two types of damages that fall under this category: Expected Damages – This is the monetary amount that you would normally obtain from selling the number of products the vendor had agreed to provide to you in the contract.  Consequential Damages – This is a monetary amount that you could potentially have gained from any new customers or clients that may have started doing business with you had the vendor not breached the contract.  Liquidation Damages  You can also ask the judge to award you liquidation damages. If your business has to close because the vendor breached the contract, you may have to sell the remaining products at extremely reduced prices. This will leave you with much less money than you would have received had the business not closed. Liquidation damages are an estimated cost of the difference between your retail prices and the liquidated prices. This may include the lower prices you sell remaining products for and the lower prices you sell any other items that were bought to be used to run the business, such as cash registers, display units or security cameras. Punitive Damages  You may also be rewarded punitive damages by the court system. This may be an amount determined by the judge alone that is based on how much he feels the vendor should pay. Punitive damages are rewarded to punish the contract breaching party in hopes that he will not do this again. These damages are often given to the business owner as a form of restitution for the wrong that has been done to him by the vendor. The judge may also rule that the party who breached the contract be responsible for paying all court and attorney costs pertaining to this case. To prevent a breach of contract from happening, it should be stated clearly that a suit will be filed and damages will be sought should this occur. The vendor may be less likely to breach the contract and if he does, your case against him will be even stronger. For more information, contact your lawyer (like those at Abom & Kutulakis...

read more

2 Benefits Provided By Hiring An Auto Accident Attorney

Posted by on Jun 5, 2015 in Uncategorized |

One of the most important things that you can do to make your situation easier after an auto accident is hiring an attorney, mostly because he or she can help you in a variety of ways. An auto accident attorney is going to be most useful when it comes to helping you with settlement offers and ensuring that you do not take the blame for an accident that was not your fault. Help With Settlement Offers One of the riskiest parts of an auto accident case is dealing with a settlement offer. This is because settlement offers can be quite tempting, usually because they are guaranteed money if you accept. The problem with this is that the settlement offer is usually only going to be in the best interests of the insurance company representing the person who caused the accident. In many cases, the settlement offer may not be enough to pay for your medical expenses following an accident, despite how generous the offer may seem. This is a major problem because you cannot sue for more money after accepting a settlement because you have to agree to drop your lawsuit and your right to sue in the future if you accept the offer. An attorney is going to be vital in this scenario as he or she can sit down with you and help you determine if your case is strong enough to reject the offer. If your case is strong, an attorney will often recommend that you continue the lawsuit to get more money, or hold out for a larger settlement offer. Ensure That You Do Not Take The Blame When you sue someone following an auto accident, it is not uncommon for that person to attempt to blame the entire accident on you. In many cases, he or she is blaming you in an attempt to avoid having to pay for all of your accident-related expenses or to avoid increased insurance premiums. Thankfully, you attorney can help you fight back against this strategy by investigating the accident and the responsible party. For example, your attorney can look into the responsible party’s driving record to see if he or she has a record of driving negligently or recklessly, which can be used to show a pattern of behavior in court. Your attorney can also check to see if the person who caused the accident was distracted while driving by check his or her phone records to see if he or she was on a call or texting someone around the time that the accident occurred. Speak to an attorney, like those at Swartz & Swartz P.C., as soon as possible following an accident in order to discuss your...

read more
Page 1 of 3123