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Understanding The Child Support Process

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One of the pressing issues that need to be resolved in a divorce case is child support. Which parent gets the child is something for the judge to decide? According to the website of Marshall & Taylor PLLC, divorce can bring a lot of adjustments to both the parents and the children. The cost of supporting a child can pile up on the part of the custodial parent so child support agreements with the noncustodial parent must be in place.

Although child support should be fairly straightforward, it entails more than just paperwork. The first step is to get in touch with your local Office of Child Support Enforcement (OCSE). The agency will be the one to implement the child support order. If you were never married to the father of your child or to someone else at the time of conception, the OCSE will first establish paternity. This could mean tracking down the other parent in order to perform genetic testing. On the other hand, if you were married to someone else during conception, the state may assume that your spouse is the biological father.

Once paternity has been established, the child support order will then be established based on the state child support guidelines. The income of both parents and the number of children will be considered as well as other factors. If either parent can get medical insurance for child at an affordable cost, the court will take it into consideration when deciding the amount of child support to be awarded. If the noncustodial parent is able to get health insurance at a reasonable cost, the parent will ordered to secure one for the child.

One the child support order is in place, the amount awarded will be deducted from the paycheck of the noncustodial parent. In most instances, state law will require immediate income withholding. It will also provide the noncustodial parent with a record of payments made.

The support order will be enforced if the noncustodial parent does not pay the full amount or does not pay at all. Non-compliance with the order makes the noncustodial parent liable for contempt of court, the penalty of which could be a fine, jail sentence or both. The noncustodial parent may also be ordered to enroll in the Fatherhood Program or in the Parental Accountability Court Program.

Both parents can ask for a review of a child support order three years after it took effect unless a substantial change in circumstances can be proven for orders less than three years old.

False Arrest: A Civil Harm and a Crime that Allows Victims to File for Damages

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There are times when people wrongfully bring criminal charges against certain individuals or when a person is falsely accused of a crime and, thus, detained by a worker or a security guard, or still, when someone holds another person ( against that person’s will) inside his or her home. All scenarios speak of what is called “false arrest.”

False Arrest, also called wrongful arrest or false imprisonment, happens when someone wrongfully holds another individual against his or her will or takes him or her into custody. When private citizens or law enforces act outside or beyond their scope of their authority, then this damaging mistake is most likely to happen.

Though without serious intentions, as in the case of kidnapping, false arrest is still considered a “lesser included offense” of kidnapping. This is because, like kidnapping, false arrest involves an unlawful detention of another individual.

False or wrongful arrest includes:

  • Arresting the wrong person
  • Arresting a person despite the absence of probable cause
  • Arresting someone without reading the suspect’s Miranda Rights
  • Arresting a person without just cause
  • Arresting someone based on false information
  • Arresting someone for personal gain
  • Arresting someone based on pure malice

It is advised, however, that people who are wrongfully arrested never resist arrest or this may only cause them major legal problems. When their specific case reaches the court, then the mistake committed against them can be exposed; this mistake will be their basis in filing claims for damages, which may include:

  • Lost wages during period of incarceration
  • Embarrassment and damage to reputation
  • Physical harm that he or she may have been sustained during the wrongful arrest
  • False imprisonment
  • Punitive damages
  • Illness that he or she may have incurred as a result of the wrongful arrest

Individuals may file for a claim only if they are not found guilty (in court) of any of the charges brought against them. This means that, if found guilty, but due to wrongful arrest, the court can have the lawsuit filed against them dismissed; however, they will not be entitled to file for damages.

Even if the arrests were made by law enforcers or state officials, those wrongfully arrested can file complaints based on the violation of their civil rights. These civil rights complaints or lawsuits are known as “Section 1983” suits (named after the United States Code Section 1983, which is a federal law).

False arrest is a civil harm and a crime; thus, wrongfully arrested individuals have the legal right to sue for damages in a civil lawsuit (which may be filed against the individuals who made the false arrest, their superiors, or the business establishment or county government that employed them). As explained in the website of wrongful arrest & false imprisonment lawyers of Clawson and Staubes, LLC, “a person who has been wrongfully arrested or falsely imprisoned may have a civil cause of action against the person or entity that brought the charges or made the false accusations. Being wrongfully accused of a crime or falsely accused of criminal activity can result in damages such as attorney’s fees and missed time from work, as well as humiliation and embarrassment.”

The Consequences of a Car Accident

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In the event that you’ve ever been in a car, you are aware that feeling – an easy trip and then, abruptly, comes the unsuspected jerk from your seat. It’s a minute of panic, that solitary bounce with the sound of a person colliding with the vehicle and you also almost swear you felt your heart skip a beat. It’s because danger is impending and the potential of harm is present. In this day and era statistics show that you, at least once in your lifetime, will experience a car-related accident.

Perhaps the mishap could be something small, like an accidental scrape of a door that can result into a paint-job or maybe a number of minimal repairs. Ultimately, there is no actual damage done but to, maybe, your pride and vanity. That’s good. But some motor vehicle-related injuries can be life-altering in the manner that is worst. It could be a car or a motorbike if not an eighteen-wheeler truck – any accident involving an automobile that creates personal injury is bound to be traumatic and expensive in ways that much surpass the word’s significance.

There’s evidence a car crash can affect all facets of not only the victim’s life – but also the lifestyles of the victim’s family and friends at the same time. A car accident can indicate serious harms such as that of spinal-cord accidents, brain injuries, bone cracks, etc. Not only this, but the experience also can trigger psychological trauma that results in post-traumatic stress disorder. The expenses for such conditions can be expensive – both psychologically and financially. The income of an entire family is influenced, severely threatening their financial security and stability, when the casualty hurt in the mishap was the primary source of revenue then. These, however, could be maintained as compensation in the guilty party through lawful means.

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Risk Factors for Uterine Cancer

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Uterine cancer is the fourth most prevalent type of cancer in women. It affects the lining of the uterus, the hollow reproductive organ in the pelvis. Diagnosis usually is done through biopsy, ultrasound, or a pelvic examination, and if you click here, you can find more information on how to determine the stages of cancer. Women who experience symptoms such as pelvic pains, pain during sex or urination, or abnormal vaginal discharge or bleeding should immediately get checked for uterine cancer. There is yet no known specific cause of uterine cancer, but there are factors that can increase the risk in women. Some of these risks include:

  • Obesity
  • Menopause after 55 years old
  • Women who never experienced childbirth
  • Women who suffer from hyperplasia (or endometrial overgrowth)
  • Radiation on the pelvis
  • Experiencing menstruation before the age of 12
  • Women taking estrogen or tamoxifen (a treatment for breast cancer)
  • Lynch syndrome, or any family history of uterine cancer

There are a number of ways that uterine cancer can be treated, such as radiation therapy, chemotherapy, hormone therapy, and surgery. The type of treatment generally depends on the stage that the cancer is in. it is important for patients to get a second and even third opinion regarding the uterine cancer diagnosis, and referrals can be provided by the attending doctor. Likewise, the follow-up care is just as important, since recurrence can occur and so that complications can be treated early.

It is important to treat uterine cancer to prevent it from worsening. One of the complications that can occur during the surgical removal or a tumor in the uterus or areas around it is the possible spread of the cancer cells. Surgical tools such as the power morcellator have been recalled by the FDA following increasing reports of the device increasing the spreading of undetected cancer cells to other parts of the body. The largest manufacturer, Johnson & Johnson, was believed to have known of the risks that the surgical tool can cause since 2006, but only did a voluntary pull-out of the device in 2014. There is currently an ongoing FBI investigation on the extent of the manufacturing company’s knowledge of the risk and how long they were aware of them.

The Various Effects of Cerebral Palsy

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Cerebral palsy (CP) broadly describes a group of brain disorders that are caused by injury to the brain or abnormal brain development occurring during fetal growth, labor and delivery, or during the first years of the child’s life. Some cases of CP have unknown causes, others, however, have been traced to premature birth, very low birth weight, blood clotting abnormalities in the placenta during pregnancy, pelvic inflammatory infections, fetal stroke, inflammation of the umbilical cord, vaginal bleeding, lack of oxygen supply to the brain, trauma to the head at the time of labor and delivery, brain damage due to congenital causes, head injury (due to vehicular accident, fall or child abuse), lack of proper care for the pregnant woman, severe cases of jaundice, use of illegal drugs by the pregnant woman, and so forth. What is saddening, however, is the fact that behind all these causes is the high possibility of negligence or carelessness on the part of the doctor, medical staff of the hospital itself.

Cerebral palsy affects areas of the brain responsible in controlling muscle tone, motor skills, balance and coordination, and mental abilities, resulting to abnormal muscle tone and reflexes, problems with balance and movement, inadequate muscle growth, bone deformities, misaligned joints, excessive fatigue with movement and walking, difficulties in breathing, speech and language, feeding and swallowing disorders, cognitive impairment or learning disabilities, and many others.

The severity of the effects of CP depends on the location and extent of the damage to the child’s brain. Thus, while others may only experience difficulty in movement, others are totally unable to control both legs, both arms, or all four limbs. Likewise, while some children may still possess normal intelligence, others suffer from learning impairment.

Cerebral palsy has been classified into four categories, each with specific effects on the child. These categories are Spastic, Athetoid (or dyskinetic), Ataxic, and Mixed.

  1. Spastic – this is the most common form of cerebral palsy and it affects about 70 to 80 percent of all CP patients. Spastic cerebral palsy disrupts normal growth, causes abnormal movements, limits one’s ability to stretch his or her muscles during movement, and causes malformations in muscle and joint development. Spastic CP has five different forms:
    • Spastic diplegia – this usually affects both legs more than the arms.
    • Spastic quadriplegia –all four limbs are affected by this type of CP, and it also happens to be the most severe and incapacitating form of spastic cerebral palsy.
    • Spastic hemiplegia –the limbs on one side of the body are the ones affected.
    • Spastic monoplegia – this very rare case of Spastic CP affects only one limb (any one arm or leg).
    • Spastic triplegia – instead of just one limb, three are, rather, affected. This is another very rare case of Spastic CP.
  2. Athetoid cerebral palsy or dyskinetic cerebral palsy – this form of cerebral palsy involves slow, uncontrolled, writhing hand, arm or leg movements, as well as involuntary facial grimaces and drooling. Athetoid cerebral palsy causes difficulty in sitting up straight, walking, speaking, grasping objects, and performing basic actions, including combing, eating and swallowing. Mental ability is usually not affected, though, so that children with Athetoid CP may even have above average intelligence.
  3. Ataxic cerebral palsy – this causes in patients tremors or shaky movements, and difficulty in maintaining balance. Ataxic movements are characterized by clumsiness, instability, jerkiness and imprecision.
  4. Mixed cerebral palsy – this refers to the combination of any two forms of cerebral palsy; the most common, however, is the combination of spastic and athetoid.

For a Chicago cerebral palsy lawyer, the compensation that the law allows CP victims to receive from the liable party (assuming that CP is a result of someone’s carelessness or act of negligence) is very important as this can help assure the provision of medical treatment needed by the CP victim. To be able to receive the maximum amount of compensation, however, it will require the best arguments and defense from a highly knowledgeable and skilled cerebral palsy lawyer.

Roller Coaster Defects: Who is at Fault?

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The cart you are strapped to slows down the closer you get to the peak of the tracks. Your stomach is filled with anxious butterflies, but you are kept sane by the idea that one, this is supposed to be fun, and two, you are safe. Although most of the time these are both true, sometimes you are not safe where you are guaranteed you will be.

According to the Nationwide Children’s Hospital in Ohio, there were more than 92,000 children injured in roller coaster and amusement park related incidents between 1990 and 2010. Who is to blame for this? Well, that is where things get complicated. There are a couple of different types of defects that cause roller coaster accidents.

Design defects occur when there is fault in the design of the product itself. This type of defect is the fault of the designer. These kinds of defects are usually widespread, due to the fact that everything made with a faulty design runs a high risk of backfiring.

Manufacturing defects happen when the parts of the product or the way the product is manufactured are the reason the product is faulty. This usually occurs when the product is not tested properly before going on the market.

In the case of roller coasters, it may not be easy to figure out who exactly was at fault, due to the fact that many designs are manufactured on a small scale.

According to the website of Pohl Berk, more than 21,000 deaths occur in the United States every year due to product defects. Although you should not go through life paranoid that everything is out to get you, do not trust a product just because it is presented to you. People die every year believing that if a roller coaster is allowed to run, it will not cause them any harm.

Proving an Alibi: The Lawyer’s Role

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Perhaps the most common criminal defense invoked by defendants is the “I wasn’t there” story, also known as an alibi. In many detective stories, proving a cast-iron alibi is taken as a matter of course but in fact a solid, unshakeable alibi is rare. The criminal defense lawyer’s role is to substantiate an alibi enough to establish reasonable doubt to a jury that the defendant was responsible for a crime.

In some cases, it is a physical incapacity of the defendant to commit the crime that serves as a defense. In lieu of that, the alibi is used to prove the physical impossibility of committing a crime such as being in another location at the time as attested to by documents such as gas receipts, GPS data, plane tickets, photographs, or another person.

Because it is relatively easy to fake an alibi, an experienced defense lawyer should endeavor to provide a preponderance of evidence unless the sole evidence is irrefutable such as an independent source i.e. newspaper article placing the defendant in a location far from the scene of the alleged crime.

In a case against famous comedian Bill Cosby, the plaintiff named the Playboy Mansion (in California) as the venue where she was allegedly raped by Cosby at a specific event held in August 2008. Cosby’s lawyers contend that at that time, the comedian was in New York, and would submit documentary evidence supporting this contention. At the time of this publication, the nature of the evidence had not yet been shared. Considering that Cosby has been accused by several women of similar crimes (though so far unproven), the alibi would have to be solid indeed to convince a jury that the charges were unsubstantiated.

In many instances, an alibi is hard to prove because the defendant may have stayed at home alone during the commission of the crime, or the defendant was unable to remember the events of that period. It is the role of the criminal defense lawyer to explore all avenues to find evidence that would prove an alibi for the client, and a competent one will do so if there is one at all.

Dealing with Traumatic Brain Injury

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The National Conference of State Legislatures defines Traumatic Brain Injury (TBI) as a “disruption in the normal functioning of the brain due to a bump, blow, jolt or penetrating head injury”. It is caused by a severe external blow to the head, which could be done deliberately or otherwise.

An injury like this could prove to be most severe as it is one of the primary causes of death all over the world, especially amongst children and young adults. The brain is a delicate part of the human body – and yet it controls everything, voluntary and involuntary. To lose control of that part of our body is to lose control of ourselves entirely. According to the Sampson Law Firm website, an injury of this magnitude is often permanent and can dramatically alter the lifestyle of not just the victim but also the victim’s family, friends, and loved ones.

If you have been dealt with sudden trauma to the head and if this circumstance has caused you significant intracranial injury, you are warranted to contact legal assistance in order to press charges. Brain injuries are possibly among of the most serious of all, for if your mind were to be injured, everything about you could disappear in a moment – like breath on a mirror.

There could be many causes as to why you might sustain this kind of injury and some of them could be as rueful as missing a step on the stairwell. However, sometimes injuries of this manner could have been avoided if it weren’t for the negligence of another party. If this is the case for you or for your loved ones, it is advised for you to seek legal action immediately in order to quickly hold the guilty persons responsible for their actions. Not only will justice be served for you to be able to be at peace with returning to normal but you could also receive worthy compensation for the tragedy dealt upon you and those that this injury will affect.

Marriage Counseling: A Matter of Perspective

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Marriage is probably one of the toughest challenges anyone can take on, and yet most couples go into it blithely, confident that love will prevail. Unfortunately, love will not pay the bills, do the dishes, change diapers, or compensate for slovenly habits.

Many people realize too late that marriage has practical as well as emotional aspects, and that love alone is not enough. The thing is, most couples are afraid at the start of the marriage to voice their concerns and opinions for fear of causing problems, and by the time they are no longer afraid, they are too angry, too contemptuous, or too tired to try and communicate them in a constructive manner. As a result, more than half of all marriages in the US end up in divorce.

The cause of many marriages that are in trouble can be boiled down to one thing: failure to communicate. While it may seem a simple matter, it is more difficult to counteract than it sounds. Most people have a hard time expressing the way they truly feel, especially when there is already a lot of baggage in the bin and water under the bridge.

The tragic thing is the love that these couples started out with is usually still there, but buried deep beneath hurt feelings, issues with in-laws, arguments about work, and problems with money. Because they are too close to it, many couples find it difficult to work out their issues on their own. This is where experienced marriage counseling can be invaluable.

A third party can act as a mirror so that troubled couples can get an objective perspective of the situation. With a qualified Austin marriage counselor providing point, couples can gradually work out their problems and get down to what really matters: their relationship. Once this is established, it will be much easier to communicate with each other to avoid future problems.

If you find yourself in a troubled marriage, go to marriage counseling with a reputable professional with ample experience in helping couples get through turbulent weather. Sometimes all it takes is a change in perspective to see what truly lies behind the stress and tension between you and your spouse.

Surprising Causes of Car Accidents

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The statistics of car accidents is always grim, and for the longest time the focus was on preventing drinking and driving. Following that was texting while driving. Recent reports from the Centers for Disease Control and Prevention (CDC), though, reveal some surprising causes of car accidents that are disturbingly significant: youth and friends.

According to the CDC, car accidents are a leading cause of death among teenagers between the age of 16 and 19, especially for male teens. Seven teens die every day, and are thrice more likely to be in a fatal motor accident than older drivers. Teen drivers with no adult supervision who have other teenagers as passengers are also more likely to be involved in an accident, and the risk increases with the number of teens in the vehicle. Moreover, in excess of 200,000 teens are treated for car-related injuries every year, accounting for the proportion of car accident-related costs (30% of the total) attributed to teen driving.

So does this mean that teens should not be allowed to drive, and they should not have friends? Not at all; it all depends on circumstances. As a San Jose criminal attorney will be aware, the bare facts don’t always explain the circumstances of a case. Lawyers are trained to look beyond the surface and seek the truth of what happened.

The correlation between car accidents and teenagers can be a complex issue to tackle, much more difficult to handle than merely prohibiting the use of handheld devices when driving. There are many factors that will concern someone like an Orange County car accident lawyer when digging into the facts of a case to get at whose fault it was.

If you have been seriously injured in a teen-related car accident, liability may be clear but it is a tricky situation. Is the teen responsible for your expenses, or should the parents be the responsible party? And what if the accident was actually caused by the actions of a passenger i.e. monkeying around? Consult with a qualified car accident lawyer in your area to work it out for you.

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