Category Archives: Law

The Different Types of Spousal Support in New Mexico

Woman removing her wedding ringSpousal support or alimony is basically financial support provided by one spouse to the other spouse following their divorce or separation. Generally speaking, the court orders alimony a spouse so that he or she could cope with daily necessities and living expenses.

The main goal of spousal support is to help make certain that both ex-spouses could continue living the same lifestyle they’re accustomed to when they were married and living together.

Spousal Support Types

In New Mexico, there are different kinds of spousal support that a court could order:

– Rehabilitative spousal support enables a dependent spouse to get the necessary training, education, and/or work experience in order that he or she could in time become self-supporting, explains a top divorce lawyer in Albuquerque. Depending on specific circumstances, the court might include a rehabilitation plan that a receiving spouse must follow in order to continue receiving spousal support.

– Spousal support payments for an unspecified amount of time.

– Transitional spousal support is used for supplementing the income of the receiving spouse.

– Single lump sum spousal support payments could be paid in one or several installments and ends upon the death of the dependent spouse.

– Single lump sum payments to be paid in one or several installments that could go on indefinitely. This means that even if the dependent spouse dies, payments should still be paid to the estate of the deceased spouse.

In the event that the court doesn’t specify an end date, payments must continue indefinitely. However, either spouse could request the court for a modification of the spousal support amount according to “change in circumstances”. For example, when the supporting spouse gets laid off of work, or when the receiving spouse becomes capable of supporting her or himself.

Other Important Things to Note

If the supporting spouse is delinquent in sending spousal support payments, the dependent spouse has all the right to request for wage garnishment. When this happens, the alimony payments could be withdrawn directly from the income of the supporting spouse. In addition, late payments might likewise accumulate interest until the supporting spouse becomes current on the payment.

That being said, if you have any issues with spousal support payments, whether you’re the receiving or supporting spouse, discuss your case with an experienced divorce attorney.

3 Strategies When Filing a Complaint Against Your Utility Company

A Portion of an Electricity BillAll citizens have the right to dispute or question any type of service or billing action from a specific utility company. You should let the company be aware of your concern as soon as you notice it. Doing so will give the service company the chance to resolve the issue.

If you failed to reach out to the company, the Commission may then direct you to proceed with the process before they accept any actions regarding filing complaints against utility companies in places like South Carolina. But how do you file a complaint against your utility service provider?

Check your monthly statement carefully

The best way to see if there are any overbilling charges is by understanding the billing statement that you receive every month. You must read and understand how your bills work so you won’t be confused. Review each statement thoroughly to ensure that there aren’t any discrepancies in it.

Contact the utility company

Once you have identified the overbilling charges, the first thing you need to do is get in touch with your utility services provider. There are times when contacting the company directly is the best way to resolve the concerns you may have with your billing statement.

File a dispute

Once you’ve indicated that the company couldn’t present you with the right resolution, the company should respond to the dispute case that you filed within 30 days. The company should provide you with the right information to help you come up with the right judgment on whether you should take the matter further or not. The company needs to inform you about your right to file an additional charge with the PUC and give you instructions on how to do it.

Filing a dispute can be a tedious process, which is why it’s important to get in touch with your local government for any queries regarding filing a complaint against your utility company.

Getting a Divorce: What Happens to Your Joint Insurance Policy?

a couple arguing in front of a lawyerThe entire process of getting a divorce could take months to finish, and often, divorcing couples find it extremely hard to work with each other through issues during this time. For instance, some spouses want to cancel or modify their joint insurance policy during the divorce proceedings since they want to change beneficiaries or don’t want to keep paying for it. While laws differ from one state to another, it’s illegal in most states to cancel joint insurance policies or modify them until the divorce has been finalized.

General court rules on joint insurance policies​

Some states prohibit the cancellation of a joint insurance policy when a divorce is pending. For instance, some states require that divorcing couples file their divorce pleadings along with a certification stating that they didn’t change their insurance within a predetermined time frame before filing for divorce, explains a top divorce attorney in Lynnwood.

Likewise, in some states, once a spouse files divorce, the court would send out automatic restraining orders to keep divorcing couples from conducting specific administrative or financial actions, but not physical contact as is with common restraining orders. While the specific language in the orders differs, they typically include issues with assets, including insurance policies such as health and life insurance.

Also, select life insurance plans have cash value, and courts usually consider this as marital property. This means that it would be up to the court to divide it during the divorce.

What about after the divorce?​

It’s usually up to the divorced couple whether to continue their joint insurance policies. In some cases though, the court might order them to continue or get separate life insurance policies post-divorce. The insurance plan could help the paying spouse with child support and alimony payments, as well as provide a financial cushion in the event of the paying spouse passes away. However, if the paying spouse terminates a court-order insurance plan after divorcing, the receiving spouse could get help from the court to reinforce it.

Asking your Personal Injury Lawyer the Right Questions

a man with an injuryBeing involved in an accident and looking for a personal injury lawyer can be stressful and traumatic. There are different types of lawyers for different cases and if you haven't hired one before, then looking for the right one for your case can be a tough task.

Our first advice is never to hire a lawyer based on their ads alone. Second, look for one with a vast experience and third, ask the right questions. Today, The Law Offices of John D. Halepaska will give you a few questions that you should ask your motor, car, or trucking injury lawyer in Denver.

Do you Have Referrals from Other Lawyers?

Other lawyers will know who the best one is in their respective fields. They do have different specialties, but most of them know one another, especially if they are from the same area. Ask a couple of lawyers who they think you should hire as your personal injury lawyer, and keep track of the numbers. If you have a friend or relative that's a lawyer, then ask them for some advice regarding which lawyer to get for your case.

Do you Offer Free Consultation?

Most lawyers, regarding their specialty, offers free initial consultation. If a certain lawyer asks for a consultation fee, then it would be best for you to say no and look for one with a free consultation. This a known as a "contingent fee," wherein a personal injury lawyer will not ask you for any fee unless there is some type of recovery.

How Long Have you Been Handling Personal Injury Cases?

Personal injury cases are definitely some of the most difficult any lawyer can handle. Ask personal injury attorneys how long they have been in the industry and how many cases they have handled. Ask about their statistics – how many personal injury cases they have won in the past. Their experience can have a huge impact on your case, so you have to be careful when it comes to deciding.

Are you Certified by the NBTA?

The National Board of Trial Advocacy or NBTA is a national organization that handles the process for civil trial lawyers when it comes to achieving board certification. It is available for lawyers who have extensive experience in the courtroom and on trial preparation. 

Lawyers are also required to take an all-day exam before getting the board certification from NBTA as a civil trial attorney. If your personal injury lawyer is certified by the NBTA, then you can count on them to handle your case.

Having proper knowledge about personal injury lawyers is a must, especially if you, a friend, or a family member urgently needs one. Good luck!

Child Custody Battles: Does the Child’s Wishes Come into Play?

Parents arguing behind childWhen courts deliberate on child custody arrangements, they take into account the specific circumstances of every case. Their main goal is to ensure that the arrangement upholds the best interests of the child. In some cases, however, the court would likewise take into account the wishes of the child.

Weight of the Child’s Wishes

For courts to consider the wishes of the child, the child should mature enough to express and formulate his or her opinion and specific requests regarding custody. The extent to which the court would take into consideration these wishes would be determined by the particular circumstances of the child custody case.

What you, as a parent, need to remember is that the court would always prioritize your child’s best interests. For instance, the judge might disregard a child’s wish to stay with a parent who is a habitual drunk or substance abuser.

When Abuse Comes into Play

Conversely, a child might not want to stay with an abusive parent, particularly if the child was the victim or if he or she has witnessed the abuse at home. Also, the wishes of the child might influence the court’s decision if he or she has a preference to live with a parent with whom the child’s other siblings live with.

Do note however that some states have laws about the wishes of children when determining custody arrangements. You can get help from an experienced family law attorney in Denver, CO such as Miller & Steiert, P.C.

Plenty of states follow the rule that allows a child to decide which parent he or she wants to live with upon reaching a certain age. If the state hasn’t established such a law, courts will take into account the child’s wishes at their discretion.

Seeking Legal Help

As mentioned above, the court would consider many different factors when determining child custody orders. In some cases, the court would follow the child’s wishes, but not in others.

That said, it’s in your child’s best interest, and yours, to work with an experienced family lawyer when you present your case to make certain that the court’s final custody arrangement would champion the rights of your child.

What to Do in Case of a Road Accident

Man and woman on phone with car accident in the backgroundIt’s unfortunate when a road accident occurs, especially if it could have been prevented. Take the highway accident that killed two because one vehicle collided head-on with another vehicle going the wrong way. It’s still unclear whether any of the drivers were intoxicated at the time of the accident, but one thing’s for sure — one of them was not where they should have been.

If you find yourself in a similar situation, it’s best to get a lawyer involved. You should also do the following:

Take Pictures of the Scene

Pictures are more reliable than your memory, especially because you might have been in shock because of the accident. The pictures can also serve as evidence and help an auto accident attorney with the investigation. Feldman & Lee PS noted that you could take them while you’re waiting for the Lynnwood police to arrive on the scene. Make sure not to touch anything so you won’t be accused of evidence tampering.

Give an Accurate and Detailed Testimony

You have the first-hand experience of the accident, so you are one of the few to know what actually happened. Give your testimony to the police while your memory is fresh, and be as detailed as you can. Remember though that your testimony will be used in the investigation of the case, so do not embellish details. If you cannot remember a particular detail but choose to describe it falsely, you might be accused of obstruction of justice.

Be Available

Whether you are the suspect or the victim, investigators should be able to contact you if they have some questions. Your initial testimony might need more details, or they might want to verify some information. Keep communication lines open and give them accurate contact details so the investigation can progress without a hitch. The sooner it is closed, the sooner everyone can go back to their normal life.

An investigation takes time, but it will take longer if you don’t cooperate. Do what you must, to help investigators get to the bottom of it all.

How to Divorce a Narcissistic Spouse

Woman needs to divorce a narcissisticHaving a spouse who’s a certified narcissist could be tough for anyone to handle. Add divorce to the mix and you could be in for the battle of your lifetime.

What Exactly is Narcissistic Personality Disorder

When a person has a narcissistic personality disorder, they have an overly exaggerated sense of importance, lacks empathy towards others, and seeks a deep need to be admired. However, behind the person’s facade of extreme self-confidence lies a delicate self-esteem that is immensely susceptible to the slightest reproach or criticism.

Narcissists are specialists at reworking reality to suit their particular needs and making other people agree with their beliefs and desires. They’re incapable of taking responsibility for their actions or seeing their imperfections because they do think that they’re perfect and are highly evolved than everyone else around them. If your spouse is a narcissist, you probably know that even the slightest hint of disbelief to his or her distorted version of things could turn into a full-blown fight that you can’t win, ever.

Getting a Divorce

Ending your marriage could be a problem, especially if you’ve been with your spouse for many years and if you have children together. As narcissists are masters of deceit and projection, you’ve probably been suffering from your spouse’s projection of their own negative and false truths your whole married life. This is an extremely challenging cycle to break because you probably believed or might still believe that you’re the one who’s broken and you’re the one with the mental issues.

Once you have finally decided to get divorced, you have to figure out your emotions and stop reacting to your spouse’s taunts since this would only empower them to push your buttons and make you feel that you’re in the wrong. It’s also critical to note that you need to be ready for your spouse’s reaction because you will be met with rage since they will believe that you’re essentially trying to take control of your relationship.

With this in mind, bear your and your children’s safety in mind. This is because your spouse might even see your children as the enemy and themselves as the victim, warns a number of prominent divorce lawyers in Albuquerque.

Remember that narcissists are only capable of looking after their own best interests. Before you do anything, seek guidance from an experienced lawyer to learn how you could safely go about your plan to divorce your narcissistic spouse.

When Divorcing is for Your Children’s Best Interests

wife and husband doodles in divorce process concept broken relationshipsChildren, contrary to popular belief, are sensitive to their environment, especially at home. This means that they can quickly sense animosity between their parents and can detect anger, unhappiness, dissatisfaction, and other negative emotions — regardless of how hard their parents try to hide these. What’s more concerning, though, is that kids can grow up imitating what they see in adults, particularly their parents, and apply similar behaviors in their own future relationships.

All these bring to question one of the most common dilemmas in a divorce: Should they stick it out or push through with dissolving their marriage?

No abuse or violence, just unhappiness

Constant disagreements, angry fights, door slamming, voice raising, tearful nights — these are all common in an unhappy marriage. While there may be no abuse nor violence happening, the unhappy emotions will exude and make themselves apparent to your kids. Even when they’re too young to understand where these all stem from, they will feel it and it can place a huge toll on their emotional and psychological health.

In other words, it’s just as unhealthy for them as it’s unhealthy for you and your spouse to stay unhappily married — especially when the above-mentioned situations always take place.

Ending the marriage can make a huge difference to everyone’s well-being

Dissolving your marriage doesn’t mean the end of a great and happy childhood for your kids. Of course, you still want to make sure that you hire one of the more experienced divorce lawyers in Boulder, CO to prepare for possible custody disagreements.

As long as you and your spouse come to an agreement that your marriage has fallen down the lane, and that staying together will just lead to a never-ending cycle of fights, then a divorce may already be the wisest step to take.

 

When You Want to Be a Private Investigator

Private investigator on a stakeoutThe life of a private investigator has always thrilled you even as a child.  Now you find yourself in college taking a course that may have little or nothing to do with it.  Why?

Students who find themselves in the same predicament have a variety of reasons.  You have yours, but it may help clarify things up if we lay down some facts about yourself. You want to be an investigator, but do you have what it takes?

Before you enroll in private investigator online courses, here are some points for reflection.

Talents

First, your observation skills and attention-to-details are above average.  Your curiosity is unmatched.  You seem to know how to deal with people from all walks of life.  You sift through questions, you ask the right ones, and you thrive in seeking answers to them.

Sometimes you act on a hunch based on informed guesses. You are a natural problem-solver.

Temperament

Second, you are pretty laid-back, patient, and level-headed.  When it comes to your emotions, you can manage them most of the time.

Passion

Third, you love and enjoy reading about mysteries whether fiction or real-life.  From novels penned by Agatha Christie to speculations about The Bermuda Triangle, the range of your interests is wide, curious, and fascinating.

Dream

Lastly, the life of a private investigator thrills you.  You know it is not some passing childhood fancy.  You may have even done some research about their typical day in the office, the risks involved, or their salaries.

If at least one of the above points is true to you especially the last point, then there is reason to pursue a possible career in private investigation.  And why not?  You have the talent.  You have the temperament.  And the strongest argument of them all – it is what you love and dream about!

Changes in the Medical Malpractice Bill

Medical malpractice form and a gavelNo matter how skilled the doctor, some operations still go awry. There are several factors that contribute to this, but when you’re a grieving spouse, parent, or child, you want justice served. Medical malpractice cases have become such a burden that it’s listed as the top reason not to pursue a degree in the field. This means fewer doctors in the future if things don’t change.

Valid Claims

It’s easy enough to lawyer up and accuse a doctor of medical malpractice. A doctor can also easily find representation in Springfield, Illinois, because of the number of medical malpractice attorneys in the area. However, it’s worth noting that not all claims of malpractice even make it to court. This is because there is not enough evidence to go past before trial, meaning the claims are not substantiated enough. For doctors, the time and money spent on lawyers are unnecessary expenses.

Mitigating Operating Costs

Operating a clinic is expensive enough. Adding medical malpractice lawsuit costs on top of that puts a strain on a physician’s finances, which means they need to hike up the cost of their professional services. As they are getting the bulk of their income from patient consultations, this means patients will have to shell out higher costs for the same services. This isn’t to say that the government wants to do away with the complaints and just sweep them under the rug. Valid ones still need to be given the attention they deserve; those that do not fit the recently changed statute of limitations, however, will no longer be entertained. The healthcare bill also limits the fees a lawyer can charge for handling a case.

Changes in the medical malpractice bill aim to protect physicians from undue costs and patients from increased health care prices. If you look at it the right way, it makes sense.