neither haste :: nor waste

Child Support in the Arizona Family Court: How Do Social Security Benefits Affect Calculations?

February 28, 2009

Social Security benefits can affect child support in two ways. First, if either the parent paying child support (the “obligor”) or the parent receiving child support (the “obligee”) receives Social Security benefits, the Arizona Child Support Guidelines require that the Social Security benefits be included in determining either parents income. Thus, the Social Security benefits help to determine the initial child support obligation.

Second, the Social Security benefits can affect the amount of child support that must be paid out of pocket by the parent paying child support. Section 26 of the Arizona Child Support Guidelines addresses this issue and states verbatim as follows:

A. Income earned or money received by a child from any source other than court-ordered child support shall not be counted toward either parent’s child support obligation except as stated herein. However, income earned or money received by or on behalf of a person for whom child support is ordered to continue past the age of majority pursuant to Arizona Revised Statute Sections 25-320.B and 25-809.F may be credited against any child support obligation.

B. Benefits, such as Social Security Disability or Insurance, received by a custodial parent on behalf of a child, as a result of contributions made by the parent paying child support shall be credited as follows:

1. If the amount of the child’s benefit for a given month is equal to or greater than the paying parent’s child support obligation, then that parent’s obligation is satisfied.

2. Any benefit received by the child for a given month in excess of the child support obligation shall not be treated as an arrearage payment nor as a credit toward future child support payments.

3. If the amount of the child’s benefit for a given month is less than the parent’s child support obligation, the parent shall pay the difference unless the court, in its discretion, modifies the child support order to equal the benefits being received at that time.

C. Except as otherwise provided in section 5.B, any benefits received directly, and not on behalf of a child, by either the custodial parent or the parent paying child support as a result of his or her own contributions, shall be included as part of that parent’s gross income.

The interpretation of Section 26, above, minus some of the legalese, is really pretty simple:

A. If a child receives benefits from a source outside of the parent paying child support, it will not normally diminish the paying parent’s child support obligation unless the Arizona Child Support Guidelines provide a specific exception. However, if a mentally or physically disabled child receives child support past the age of majority, those amounts may be credited toward the paying parent’s child support obligation. Notice this is a “may” and not a “shall,” meaning that the court has discretion in this child support matter.

B. If a child receives benefits, such as social security or insurance, because the paying parent made the child eligible to receive such benefits by paying into the system, those amounts will be credited toward the paying parent’s child support obligation in the manners described. Notice this is a “shall” and not a “may,” meaning that the court has no discretion in this child support matter.

C. As mentioned above, a parent who receives payments directly on his or her behalf must include those amounts in income totals used to calculate child support. However, the exception to this provision is provided by the Child Support Guidelines Section 5(B) which states, “Gross income does not include sums received as child support or benefits received from means-tested public assistance programs including, but not limited to, Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), Food Stamps and General Assistance.”

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com
Check out our weblog: www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may not apply to states other than Arizona.

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state courts and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents from various countries in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and when he gets a chance to practice, carries a +3 to +4 handicap.

No Win No Fee Claims for Personal Injury in the UK

February 27, 2009

If you have suffered a personal injury in the UK as a result of an accident, you may wish to pursue a compensation claim against the party who was responsible for causing you harm.

It is now extremely easy for most people to access a personal injury solicitor or lawyer to help with their claim. You no longer have to find a high street solicitor who would be willing to take the case on, you can simply log on to any search engine and find a wealth of firms willing to provide a free service.

You should always ensure that you instruct an approved no win no fee accident solicitor.

The term ‘no win no fee’ is often used and seldom understood. It applies to a number of different business sectors nowadays and this can sometimes confuse the issue because the arrangement may vary from one business area to the next. This article as the title suggests relates solely to the subject of personal injury compensation in the UK and specifically England & Wales (The Law in Scotland is rather different and they have yet to fully embrace the “No win no fee” concept)

Prior to legislation implemented in (the Access to Justice Act 1999) 2000 anyone who wished to pursue a personal injury action would be able to apply for Legal Aid (now know as Public Funding). This would be subject to means testing but would enable the less well off to have access to the legal system and to pursue a claim that would otherwise never get off the ground. However, this was an extremely expensive way of funding such actions and the Government withdrew Legal Aid for accident related injury claims in 2000.

In its place they introduced the no win no fee concept which in the UK is operated by the implementation of a “Conditional Fee Agreement” or CFA. The CFA document sets out the terms upon which a personal injury lawyer / solicitor will agree to deal with the claim on behalf of the claimant or injured party. It also sets out the obligations of both parties which for the claimant, generally include the necessity to provide clear instructions and to cooperate fully during the life of the claim. If you wish to pursue a claim for injury damages in the UK you must sign one of these agreements before your lawyer will legally be able to deal on a no win no fee basis.

The Law Society of England & Wales devised a standard CFA document that the vast majority of solicitors now use. The CFA will confirm that the acting solicitor will not charge the claimant (injured party) any costs if the case is lost. However there may be other bills that might have to be paid such as doctor’s fees or other expert witness charges.

There is also the prospect of a bad day in court where a claimant could lose at trial and be forced to pay the costs of the defence. You must insure yourself against this risk and your acting solicitor needs to explain the need for insurance before you start the claim. (the insurance is known as “after the event” cover)

If all of this sounds daunting, don’t be too disheartened. If you simplify the process it really is not too complex:

• IF YOU WIN YOUR CLAIM

- Your reasonable legal fees will be paid by the losing party’s insurer

- Your disbursements such as expert witness fees, medical records fees etc will also be reimbursed. (most law firms will defer payment of any such fees and not request these expenses up front)

- You will receive your compensation / damages which will include out of pocket expenses and where appropriate future losses. These monies should be paid in full ie 100% (see below)

• IF YOU LOSE

- You do not have to pay your solicitor / lawyer in respect of any legal costs they have incurred.

- You may have to pay for disbursements but these should have been covered by the insurance policy referred to above.

- If the case has been litigated you may have to pay your opponents costs but these again should be covered by the insurance policy.

On the subject of the compensation award itself, most reputable law firms in the UK now ensure that all successful claimants receive 100% of their compensation. This means that there are no deductions at the end of the claim from you final award. If you are in discussions with a firm that is seeking to deduct a percentage of your award, whilst this may be legitimate, it may not be the best option for you. Why lose a percentage of your award when you don’t have to?

Summary

The changes in legislation made since 2000 have been enormously beneficial in providing access to justice for all. Genuine claims that would not have been progressed a few years ago, can now be pursued without costing the injured party any money. This is all down to the No win No fee concept which, whilst not perfect, has bee hugely successful in providing compensation for innocent accident victims.

For more information about the use of CFA’s in the UK and the No win No fee concept please visit the official Law Society website at http://www.lawsociety.org.uk/home.law or the Legal Services Commission at http://www.legalservices.gov.uk/

Martin Nolan is a Legal Marketer who specialises in web publishing for firm of UK compensation lawyers offering a hassle free No win no fee claims service.

How To Incorporate Yourself Without a Lawyer

February 26, 2009

You could save hundreds of dollars by incorporating
yourself without a lawyer. How? Is it advisable
to do so?

1. This is Not Legal Advice!

The only ones who should be giving legal advice are
those licensed to practise law (in other words,
only lawyers). This article is not legal advice.
If you need legal advice, consult a lawyer.

This article is being written simply to inform you
that it is possible to form a corporation or limited
liability company without a lawyer.

2. Why Use a Lawyer?

First of all, if you make a mistake incorporating
yourself, who do you sue? You only have yourself
to blame. On the other hand, a lawyer has insurance
to cover errors and omissions.

Secondly, you could benefit from the expertise of
your lawyer. Perhaps a corporation isn`t the
right vehicle for you under your circumstances.
Be aware that there can be disadvantages as well
as advantages to incorporating. Your lawyer can
consider commercial law, securities legislation,
limited liability, tax factors, estate planning,
share structure, and a myriad of other business
considerations. Sometimes the advice of a
good lawyer can save you thousands of dollars.

3. Is it Advisable to Incorporate Yourself?

Is it advisable to perform surgery on yourself?
It is illegal to perform surgery on someone
else unless you are licensed to practise medicine,
but perhaps in a wilderness survival scenario,
self-surgery might be your only option. However,
is performing surgery on yourself really a good
idea in most instances?

Likewise, just because it is possible to incorporate
yourself without a lawyer doesn`t mean it is always
a good idea.

In some jurisdictions, only lawyers can
incorporate others. For a paralegal or other
person to incorporate a company for you could be
considered unauthorized practise of law. Thus,
it may be legal to incorporate yourself but not
others.

Some factors you might consider are: Am I really
that short of cash that I can`t spend the extra
money for good legal advice that may save me
thousands of dollars? Am I confident that my
situation is one that really doesn`t need the
services of a lawyer to incorporate? Can the
money saved on legal fees be better utilized in
financing other aspects of my business?

Each person will have to make their own decision
on whether or not to seek the services of a lawyer
in forming a corporation.

“He who has himself as a lawyer has a fool for
a client.” I have often thought that perhaps a
law firm originated this common expression.

4. How To Incorporate Yourself

Many books have been written by lawyers on how
to incorporate yourself.

For example, in Canada, M. Stephen Georgas, LL.B.,
has written books on the subject of forming
your own corporation. Published by International
Self-Counsel Press Ltd., he has authored
“Incorporation and Business Guide for Ontario”
(”How to form your own corporation
Includes tax advantages to incorporating”) and
“Federal Incorporation And Business Guide”
(”How to form your own Federal corporation under
The Canada Business Corporations Act”).

The same publisher sells forms and minute books as
well as titles for incorporating in other provinces
of Canada.

Forms, corporate supplies, name searches, and
kits are available from legal stationers and other
sources.

In the United States, there are likewise many manuals
available for incorporating yourself in various
states. “Incorporating Your Business For Dummies”
by The Company Corporation and “How To Form Your
Own Corporation Without a Lawyer for Under $75.00″
by Ted Nicholas are two such books.

Sometimes helpful information on this subject is
available from federal, provincial and state
governments for free or nominal cost.

You can sometimes locate incorporation manuals at
your local library for free. Be careful. Legal
manuals become outdated very rapidly. You might
consider very seriously purchasing the most
up-to-date manual available; it might also include
helpful reference material on maintaining corporate
minutes and other helpful suggestions on operating
your corporation.

Buy the appropriate manual and supplies and then
follow the instructions. With a little effort, you
could save hundreds of dollars incorporating yourself
without a lawyer.

For further resources on incorporation, please visit:
http://www.yenommarketinginc.com/incorporation.html

RESOURCE BOX

J. Stephen Pope, President of Pope Consulting Inc.,
http://www.popeconsultinginc.com/ has been helping
clients to earn maximum business profits for over
twenty-five years.

For valuable Work at Home Small Business Ideas, visit http://www.yenommarketinginc.com/

In Virginia, Can You Get Lifetime Workers’ Compensation for Your Work Place Injury?

In Virginia, the normal work place injury only allows you 500 weeks of compensation. Of course, in order to be paid this 500 weeks of compensation, you either have to show you are “totally disabled” or that you are “partially disabled” and cannot get a light duty job due to your “partial disability.”

But what happens when you are still “totally disabled” and the 500 weeks expires? Virginia does allow some cases to go for payment of compensation for your lifetime. These fall into two areas. First, if your accident has caused an injury to the brain so severe as to render you unemployable, then you can receive lifetime compensation. Second, if your accident has caused the loss of both eyes, both legs, both arms, both hands, or any combination of two of the above, then you can receive lifetime compensation.

The Virginia Workers’ Compensation has decided the injured worker does not have to show total loss of two members. It suffices to show a permanent ratable loss of use of two members and proof that the injured members cannot be used “gainfully” in employment. Thus, if one can show the work place accident caused a back injury which was so severe that it caused a permanent loss of use both legs, then one has a chance of obtaining lifetime compensation. This is an area that is fruitful for claims and litigation since back injuries are a very common type of injury. A doctor would have to be of the opinion that under the AMA Guide to Permanent Impairments the injured worker has suffered a ratable loss of each leg due to the work place injury. There is no bright line test regarding how high the rating has to be; however, the higher the rating the better chance the injured worker has to obtain lifetime compensation. For example, a back injury that caused more than a 40% loss of the use of both legs could stand a fair chance if there also was a good opinion that the injured worker’s legs due to this loss could not be used in “gainful employment.”

Of course, since the worker is asking for lifetime compensation, the workers’ compensation insurance company will often fight these cases very vigorously. As a result, it often can come down to a battle of experts regarding (1) whether the back injury has caused a loss of use of the worker’s legs; (2) what is the proper permanent ratable loss of the worker’s legs; and (3) whether there is or is not some work the worker could do involving his injured legs (or arms). The Virginia Workers’ Compensation will conduct a hearing and render a decision. If either party is unhappy with the result, then that decision can be appealed from the Hearing Deputy Commissioner to the Three Commissioners who run the Commission. Finally, after the Three Commissioners have made their ruling there is a further appeal to the Virginia Court of Appeals.

In my experience, there is a chance to win this type of case but it does entail having a very severe injury.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia.This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Gerald G. Lutkenhaus—practitioner of workers’ compensation law in the Richmond, Virginia area for over 30 years and who was recognized in a July 1999 survey in Richmond Magazine as one of the best attorneys for workers’ compensation in the Central Virgina area, and who was given an “AV” rating by Martindale Hubbell in 2003. For more information, see our websites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com

History of the Adirondack Chair

February 23, 2009

Thomas Lee designed the first Adirondack Chair in 1903. He was on vacation in Westport, NY and he needed outdoor chairs for his summer home. He tested the first designs on his family.

The original Adirondack Chair was made with eleven pieces of wood, cut from a single board. It had a straight back and seat, which were set at a slant to sit better on the steep mountain inclines of the area. It also featured wide armrests which became a hallmark of the Adirondack Chair.

The Adirondack Chair might have stayed in Lee’s back yard, except for his friend Harry Bunnell. Bunnell had a small carpentry shop and needed a source of winter income. He used Lee’s idea and started to create the chairs.

In 1905, Bunnell received a patent for the “Westport Chair”. For the next twenty years, Bunnell produced these chairs. All of his “Westports” were signed, made out of Hemlock and painted green or dark brown.

The Adirondack Chair has changed over the years, while maintaining the same style and comfort. Today’s Adirondack Chairs usually feature a rounded back and contoured seat. The style has also been translated to other pieces of furniture, anything from Gliders to Love Seats. Modern Adirondack chairs can also be made of many materials from cedar to recycled plastic.

Joshua Brown is the webmaster at Millcraft Outdoor Furniture (http://www.millcraftfurniture.com)

Digital Camera Metering

Looking at the most intricate details of the digital camera as a technologically advanced device a lot of functions come into play. Such s a point is that of the digital camera metering. This discussion focuses towards that intention of understanding and knowing the details of the component. Basically speaking the metering system in a digital camera measures the amount of light in the scene and calculates the best-fit exposure value based on the metering mode explained below. Automatic exposure is a standard feature in all the digital cameras. All that is requires to be done is select the metering mode, point the camera and press the shutter release. Most of the time, this will result in a correct exposure. The detailed explanation and analysis of the entire process is as follows in the next lines of this discussion.

The metering method defines which information of the scene is used to calculate the exposure value and how it is determined. Metering modes depend on the camera and the brand, but are mostly variations of the following three types. Primarily, matrix or evaluative metering. This is probably the most complex metering mode, offering the best exposure in most circumstances. Essentially, the scene is split up into a matrix of metering zones, which are evaluated individually. The overall exposure is based on an algorithm specific to that camera, the details of which are closely guarded by the manufacturer. Often they are based on comparing the measurements to the exposure of typical scenes.

Next comes the center-weighted average metering. This is probably the most common metering method implemented in nearly every digital camera and the default for those digital cameras that don’t offer metering mode selection. This method averages the exposure of the entire frame but gives extra weight to the center and is ideal for portraits. Another important is the spot or partial metering. The spot metering allows the user to meter the subject in the center of the frame or on some cameras at the selected AF point. Only a small area of the whole frame is metered and the exposure of the rest of the frame is ignored. This type of metering is useful for brightly backlit, macro, and moon shots.

Again a lot has been revealed and a lot remains to be done so, yet the rudimentary foundation of string fundamentals can be established via the lines of the above lines of this discussion. It is only hoped that the lines get their true respect from the readers of them and users of the digital camera to properly deliver the due respect that the digital camera metering technique deserves.

Jakob Jelling is the founder of http://www.snapjunky.com. Visit his digital camera guide and learn how to take better pictures with your digicam.

Garden Sheds Don’t Have to Be Too Pricey if You Purchase on the Net and Take Advantage of the Immense Selection

February 22, 2009

There are a great deal of reasons why you might need a garden shed and as luck would have it there are garden sheds to match just about every last requirement. Sheds can be bought just about everyplace but what you will observe is the price will change enormously. You shouldn’t have to abandon the shed you want because it is too pricey though. A garden shed is something you buy once and utilize for a long time and when you take a look online you can find cheap garden sheds at some pretty silly prices. I do not mean silly and cheap as in quality but as in cost. You may find you can find the shed you want for the cost of the one you were close to settle for a lot less and if you possess a garden that you tend to every day you will almost in all probability need to look into wooden garden sheds as a space to put the water hose, tools and fertilizer and so forth.

Looking after your garden tools and making them well accessible is a very good idea. You can find cheap sheds online that are the identical sheds you’d buy in the store. In fact, you can go to the store and shop even spot them to find out if it is what you need and then you can go on-line and purchase it for a lot lower price. The difference in price is remarkable!

School Drug Testing

February 19, 2009

School Drug Testing

Drug test has become a public phenomenon around the earth. Some companies perform drug exams on freshly employed people or existing employees to secure a drug-free environment at workplace.

Insurance agencies and courts carry out drug tests on a regular basis on suspected individuals. The essential question that comes to your mind, when you go for such test is how to beat a drug trial?

Online websites such as Drug Testing In High School offers the up-to-the-minute detoxification products including eternal cleansers, imitation piss products, and saliva purifying products, detox drinks and home drug exam kits.

Pass Alcohol Test

Passing The Drug Test proposes professional support for every item, with support catered by drug test persons who are highly experienced with assorted types of drug testing methodologies and effects. Support is available by e-mail and phone. Transportation is rushed, with complete secrecy assured, using plainly and discrete packaging materials to hold absolute customer secrecy.

Beat Hair Follicle Drug Test

Enclosed on the new site is a sizable order of products for detoxification and testing purposes. Permanent cleansing agents are proposed in 3, 5 and 7, 10, 14, 21 and 30 day systems, with a variety of herbs, roots, barks and minerals that are best-known lipoids destroyers which work to break down fat cells and excrete toxins completely. Synthetic Substance urine is offered, which contains all ingredients usually got in weewee, specially balanced for pH with specific gravity, creatin and other piss characteristics. A saliva cleaning mouthwash is offered will eliminate toxins from your mouth with merely 3 minutes of use. We have a range of herbal drinks, all containing the best working herbs and fiber to help rid the body of toxins that may have gathered.

If you use AOL to look for the internet for us here are 10 Thumping words to apply to find out our website.

How To Beat A Hair Drug Test

Drug Testing In The Work Place as well proposes drug testing kits including saliva, hair and piss based tests to see that detoxify programs are effective. For more information, visit Passing Urine Drug Test If you have any questions, please call us at: 866-686-7277

Dealing With Dog Bite Cases

Most of us are being frightened by dog bites. Considering the effects of these instances especially when the dog carries those sicknesses which are not curable and can even cause death, it’s really a big scare to many people. Every year, dog bite cases continue to get higher and higher. Children are the most prone to such cases; they are the usual victims of dog bites. Expect for lots of dog bite lawsuits to come out in the future. After all, the compensation for such injury is fairly high too.

Following a dog bite incident, here are the things that you must do. First, get proper medical treatment so that your bite will not get infected. You can either do this by yourself or in the hospital. Then, you have to identify the attacker. If you cannot find the dog or if you suspect that the dog is at large, you will be advised by your physician to get rabies shots for the victim because after all, only a little percent of a dog bite victim survives rabies infection. When the symptoms start to show, it will be hard to stop the spread of the disease.

From the medical treatment, you can now take legal actions against the owner of the dog. Getting the right dog bite lawyer for your claim is a big advantage. You just need to gather and present the necessary evidences and documentations during court proceedings. These lawyers specialize in getting settlements for those people who have been injured by animal attacks. Given the extent of the problem, it’s common for dog bite victims to go to court and fight back against the animal owners.

However, the big problem that the world faces now about these dog bite cases is the fact that the number of stray and wild dogs have increased tremendously through the years. Despite all the efforts to catch these dogs in many countries, it’s really hard to catch them all. The fact that most of the pet owners decline to have their dogs spayed for fear of weakening them makes it more complicated. In reality, however, it’s really hard for a plaintiff to prove abuse or negligence in case of dig bite injury.

At this point, it’s quite appropriate to thank the current approach of the media regarding dog bite cases. At present, many judges and lawyers take these cases more seriously because they realize the intolerable effects that they can cause its victims. In general, we can certainly live in a more humane world if we’ll all make sure that animal owners will be held liable for their pet’s actions.

About the Author

For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com

Splashing out on Business Cover Is Extremely Imperative to the Running of Your Business

There is no question the fact that the success of a company ultimately is because of the work undertaken by the staff, however one incident can easily wipe out your hard work & bring down the revenue to dust. In order to steer clear of such an occasion, you are recommended to insure your organisation, whether it’s a small firm or a large corporation. However, please note that smaller organisations are significantly more probable to require business insurance cover in today’s harsh world. This is generally as smaller firm owners will have placed their total lives and pay cheque straight into the firm.

A couple of the items normally guarded by the majority of business insurance covers include: natural disasters, hurricanes, mechanism or equipment failure that shuts down the firm, loss of income down to worker failure and litigation brought against the business.

There are hordes of insurance organisations, which provide covers that combine protection for all chief property & liability risks in one big package. You can also acquire a separate policy. Such a coverage is referred to as a business owners’ policy (BOP). Large sized companies might procure a business policy cover. Buy business insurance cover quick and easy online today.

BOPs integrate property insurance for property and equipments owned by the firm. If there is any loss of profits due to disruption of operation and business because of tragedies such as earthquakes, it can be covered under the Business Interruption Insurance policy.

There are policies, which insure the businesses legal responsibility for the damage it may well cause to others. It is the effect your firm’s failure to do the business operations. It can also be the actual injury or property damage caused owing to imperfect goods, faulty installations & blunders in services provided.

Though, BOPs do not protect against professional liability, motor cover, staff compensation or health and disability insurance. Instead separate insurance policies are required for professional services, commercial motor vehicles and employees. Commonly, floods, earthquakes & terrorist attacks are not protected in the business cover. Please check before you buy!