April 22, 2012 in Family Law, Legal, Legal Articles by jferris

“The Right Seat” Campaign Aims to Teach Parents to Use the Correct Child Restraint

The Department of Transportation is launching a new campaign to raise awareness of how to choose the right size safety seat and how to correctly use the seats.

The lives of children are saved every year by child safety seats. There were almost 9,000 confirmed instances when a child’s life was saved because he or she was properly secured in a seat made for their body size between 1975 and 2008. Those statistics come from the National Highway Traffic Safety Administration.

Laws mandating that children ride only when secured in a safety seat have not proven to be enough. NHTSA studies have shown that as many as three out of every four children are not as secure as they should be in the car because their seats are not the right size or they are not being used correctly.

The NHTSA has launched its new campaign to help parents and caregivers get children correctly strapped in to the right sized seat. This includes rear-facing seats, booster seats forward-facing seats and even seat belts.

“The Right Seat” campaign is a series of public service announcements and billboards, along with a new website helping show parents how to choose the right seat for their child and properly strap them into that seat.

The television and radio commercials have been recoded in English and in Spanish.

The new website has resources and tools for helping caregivers and parents keep children safe in and around cars.

Motor vehicle crashes are the No. 1 threat to the life of a child. It is the leading cause of death for children between one and 12 years old, according to the Department of Transportation. More than 4,000 children under 12 were killed in car crashes in the United States between 2006 and 2010. More than a half million children were injured in that same time frame, according to DOT data. The campaign to help get children in the right sized car seat is aimed at this at-risk group.

The NHTSA has been putting together advertising campaigns with the Ad Council for more than 25 years. In that time campaigns have been targeted at specific stages of child safety seats like booster seats or the LATCH system. This is the first campaign to address getting children in the correct seat.

“Safety is our top priority for everyone on our roadways, and we’re calling on parents to do everything they can to protect our most vulnerable passengers,” said Department of Transportation Secretary LaHood. “The new public service announcement and website will help parents understand the differences in child safety seats, make sure they choose the right seat for their child, and properly secure them every time they get behind the wheel.”

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

March 17, 2012 in Family Law, Legal, Legal Articles by jferris

Proposed Legislation Would Eliminate Spousal Support for Convicted Sexual Felony Spouses

Current California divorce laws will grant spousal support to a husband or wife when there is a significant difference in income. Temporary spousal support can be granted to help during a transition, or if the marriage lasted longer than 10 years permanent spousal support can be established. Currently, one of the exceptions to this rule is if your soon-to-be ex tried to murder you. Victims rights advocates say this does not go far enough. A recent bill ¨C AB1522 ¨C would extend this exception to spouses who are convicted of other violent sexual felonies.

“Victims of violent sex crimes already suffer physical trauma, fear, and an assault on their privacy and dignity,” said Assemblywoman Toni Atkins, D-San Diego, who recently introduced the bill. “To require them also to pay their abuser alimony or to give them a share of their pension or household goods is cruel and makes a mockery of the intent behind the laws governing the fair division of assets in a divorce.”

A victim of marital rape, sodomy, and forced oral copulation urged lawmakers to make this change in the divorce and spousal support laws. Crystal Harris was ordered to pay $1,000 a month before her husband Shawn Harris was convicted and sent to state prison for six years. The San Diego Superior Court judge considered the domestic violence when figuring the spousal support and reduced her obligation from $3,000 to $1,000. Crystal had a financial consultant job whereas her husband had been out of work for several years when their 12-year marriage ended. She was also ordered to pay $47,000 of the $100,000 legal fees from the divorce proceedings. Crystal felt victimized again when she was ordered to pay this even though he had committed three serious felonies.

Since Shawn is in prison, he does not receive spousal support but when he gets out, he could currently ask the courts for spousal support unless AB1522 passes. AB1522 would also allow the injured spouse to not pay the legal and attorney fees the convicted spouse owes in any divorce proceedings. This would make a big difference throughout all of California for victims of spousal assault and sex crimes.

Victims should contact a divorce and domestic violence attorney that can promptly and effectively uphold your rights when a situation occurs that harms you or the children. An experienced attorney can be your ally to help with legal and safety concerns in these times of need.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

March 16, 2012 in Elder Law, Family Law, Legal, Legal Articles, Special Needs by jferris

Social Security Disability Adds 13 Conditions to Compassionate Allowances Program

The Social Security Administration recently added 13 new conditions to the Compassionate Allowances program that fast-tracks disability decisions within the agency.

The new conditions were introduced in December as part of an ongoing effort to innovate and streamline the agency’s work, according to Social Security Commissioner Michael J. Astrue.

The conditions that were added to the list mostly are immune system, mental and neurological disorders, according to a press release from the agency. They include the following:

• Malignant Multiple Sclerosis

• ALS or Parkinsonism Dementia Complex

• Pulmonary Kaposi Sarcoma

• Angelman Syndrome

• Paraneoplastic Pemphigus

• Multicentric Castleman Disease

• Progressive Supranuclear Palsy

• Lewy Body Dementia

• Primary Effusion Lymphoma

• Corticobasal Degeneration

• Lowe Syndrome

• Primary Central Nervous System Lymphoma

• Multiple System Atrophy

The SSA’s Compassionate Allowances program spots conditions that always meet the standard of disability for the purpose of Social Security Disability Insurance. This way, once an individual is diagnosed with the specific condition, their case can be moved more quickly through the system.

“We need to keep innovating and making our work more efficient,” Astrue said in a press release. “With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

The Compassionate Allowances program began in 2008 with only 50 conditions. The original list included cancers, rare genetic disorders, adult brain disorders and early-onset Alzheimer’s disease. With the addition of 13 in December, the program now lists 113 conditions that can be moved through the agency with less stress for the individual, according to the release.

New technologies made available to the agency allow for faster identification of individuals with Compassionate Allowances so that quick decisions can be made.

The agency is committed to the relatively young program as an efficient upgrade of protocol. In the fall, the Social Security Administration launched a grant program available to graduate students to help the agency improve its list. The agency already awarded a grant worth $1.5 million over the course of five years to a group called Policy Research Inc.

The Disability Determination Process Small Grant Program is designed to improve the disability process. The program is actively looking for graduate students to apply for grant stipends for relevant research that is innovative in the field of disabilities.

The agency also recently upgraded the disability application online for individuals with conditions on the Compassionate Allowances list.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills Social Security Disability Insurance attorney or Zephyrhills Social Security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

March 16, 2012 in Family Law, Legal by jferris

Custodial Parents Need to Take Quick Action on Overdue California Child Support

There are more than 60,000 cases of past due child support in Orange County, which is equal to more than 50 percent of child support cases being overdue, according to the California Department of Child Support Services. Divorced parents should know that child support laws still apply even when one of the parents moves out of the state. Federal laws mandate cooperation between the states, so it is only a matter of time before these issues will catch up with a person who is trying to evade paying court-ordered child support.

Some parents battle with the scenario of their ex always paying late or never the full amount.

What is sad is that some exes do this to spite their ex-wife or ex-husband, but it really hurts the child. In turn, millions of kids are not receiving the support that helps them live a happier, healthier life. Before things get out of hand, there are enforcement methods to make every effort to get an ex to pay. Custodial parents should not just give up, and child support attorneys can help to make sure your child support order is followed. Courts can also require an obligor to pay one year of child support up front. Your ex must show proof of the deposit. This child support “security deposit” will get put into an interest-bearing account and withdrawals can only happen with court authorization.

One of the easiest ways to ensure child support is paid for is through wage assignment. The employer of the obligor can be served an earnings assignment order, which means that the child support will be automatically deducted from the ex’s earnings. These orders also show that the ex must notify you about a change of employment, and the new employer’s contact info, within 10 days of being on a new job.

A judgment lien can also get assessed on your ex’s real property if they owe past due child support. The lien is recorded with an Abstract of Support Judgment. Then, when the debtor tries to sell the property or get a loan from the asset with the lien, he or she will be forced to pay it off. Most lenders and purchasers of this property will be unable to proceed when there is a lien on the property, so this effective enforcement method should be reviewed.

A custodial parent can also enforce child support payments through a writ of execution. A county sheriff, marshal, or registered process server will serve the obligor with the writ of execution. This will seize the funds, real or tangible personal property, or sell the real or tangible personal property and deliver to proceeds to the custodial parent.

Custodial parents should know that timely action is needed to get the child support you are due. Contempt proceedings can be held to enforce the child support order or judgment. Every month where your ex has not paid in full can be punished as separate count. And they can be responsible for paying the custodial parent’s legal costs due to the enforcement proceedings.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

February 29, 2012 in Family Law, Legal, Legal Articles by jferris

Co-parenting Dynamics Should Be Reviewed to Ensure Kids Are at the Forefront

Co-parenting can be a daunting endeavor. For new divorcees, managing a full-time career, expenses, and kids’ schedules can stress even the most optimistic, upbeat person. In 2012,
vow to focus on the kids and living a healthy lifestyle rather than hating the other co-parent.
The fact stands that your ex does not live up to your expectations, and probably never will, or your marriage would have lasted.

When you can lighten up your hatred toward the ex, you can be happier when you drop them off on the ex’s parenting week or weekend or during special occasions. Treat the ex almost like a business colleague so you can keep focused on the kids’ development and your sanity. A child’s self esteem grows when they can have quality time with both parents, and does not have to be a messenger between his or her parent.

Tara Fass, a family therapist, says, “To cultivate resilience in your children, try to turn down the anger on your anxiety, disappointment and rage. How you co-parent today affects generations to come and your lineage forever. The choice is yours.”

Inevitably as the kids grow and dynamics change, the parenting agreement might need to be modified. When there are valid reasons to update the agreement – extracurricular activities the child is involved in, work schedules, summer vacation – a family law attorney can help the parents revise the agreement. It is best if both parents can work out the revisions versus having to go back to a judge to decide what is fair. As Fass states, “…dissolving couples who require a judge’s assistance to co-parent are adults viewed as children in a tantrum-like frame of mind and emotion.”

Children greatly benefit from structure, smooth transitions between households, and an environment where a parent listens and truly cares about their child growing up as normal as possible. Co-parents will have their own personalities but “As long as you are both using good judgment and are acting in safe/healthy ways, then some parenting differences will actually create benefits for your child,” noted the We Can Parent Together website. “Problems with co-parenting during the infant, toddler, preschool, and elementary school years have been related to a wide variety of child problems, including problems with social adaptation, poorer preschool and school achievement, anxiety, and aggressiveness,” said the authors of “When People Parent Together”.

For many child therapists, divorce is not problematic in and of itself. It only becomes a strain on the child’s development when conflict, inadequate parenting, and unstable routines create an unhealthy childhood. If the co-parenting agreement is creating more problems than resolving them, seek the guidance of an expert family law attorney. Taking action early on will have great benefits for everyone in the family for the long term.

Renee Cary writes for Orange County divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Orange County divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

February 29, 2012 in Family Law, Legal, Personal Injury by jferris

SSI and SSDI Could be Revamped

The Social Security Administration is working on new initiatives that could cut down on wasteful overpayments, disincentives to work and costly labor time to investigate payments.

The Work Incentives Simplification Pilot is a legislative proposal being considered by Congress that could replace well-intentioned but complicated laws meant to incentivize disability beneficiaries to return to work. The work incentives proved too burdensome for an agency already fighting funding cuts.

Carolyn Colvin, deputy administrator for the Social Security Administration spoke to the U.S. House Ways and Means’ Subcommittee on Social Security in late January.

She explained that the new legislation could kill regulations like trial work periods and the extended period of eligibility that are overcomplicating the work of the administration.

The law now says people on Supplemental Security Income, or SSI, are on a sliding scale as they return to work. So, for every $2 an SSI beneficiary earns, $1 is removed from their SSI benefit, she said. Improper SSI payments happen when beneficiaries fail to notify the administration of new work, new assets or a raise or reduction in salary.

Each beneficiary is a different case with a different employer and a different income. Each case has to be individually handled, which often means contact with the employer. Most cases are complicated and require small bits of work and starting and stopping until enough information is gathered to make a decision, she said.

This type of work takes considerable expertise and training and the administration simply does not have the resources to do it well, she said.

There also are plenty of crossover beneficiaries who qualify for SSI and Social Security Disability Insurance ¨C as many as 30 percent of SSI recipients also get SSDI between 18- and 64-years-old. Because the two programs are guided by two sets of rules, the labor for the Social Security Administration is overly burdensome, she said.

Officials hope the new WISP plan will address a disincentive to work by eliminating a beneficiary’s fear that if they get a job, they will lose their benefits.

The work incentive policies are difficult for beneficiaries to understand and for the administration to oversee, Colvin told the subcommittee.

The goal of WISP is to test some simplified work rules that would still be subject to tight evaluation. Officials hope the WISP will encourage people to work while reducing administrative costs, she said.

WISP also would count beneficiaries’ earnings when they are paid instead of when they are earned so that SSDI and SSI rules would be better aligned.

A qualified attorney can represent clients in Social Security cases to help make sure they fully explain their case.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

February 28, 2012 in Family Law, Legal, Legal Articles by jferris

Unhappy Spouses Need to be Aware of Apps and Social Media Use as a Marriage Unravels

Relationships are established much quicker in our hyper social media age. It used to be that relationships evolved over months but with technology – whether texting, social media, or email communication – everything happens at a rapid pace. For marriages that are on the rocks, a spouse can rekindle or find a new love and intensify the bonds rapidly.

A recent article in the Huffington Post highlighted how, “This means more affairs, and perhaps an increased number of marriages breaking up due to technology.” When a person is having a bad day at home with a spouse, they often turn to social media to relieve their stress and get back some enjoyment. But before you start to post negative comments about your spouse or send inappropriate pictures or posts over social media, think twice. Otherwise, you could wreck the success of a fair divorce.

The American Academy of Matrimonial Lawyers notes that 75 percent of divorce lawyers are utilizing evidence from social media in marriage dissolutions. Use caution and restraint when posting on Facebook, Twitter, Google+, or any online technology or you could cause more trouble than your post was worth. Remember it is not social media that is causing the problem, it is your behavior that is inappropriate. Do you want to see photos of a night on the town with cocktails in the background and a post that says “thank goodness I am away from the husband and kids”? Imagine seeing this on a big screen in the courtroom for everyone to examine when it is time to decide alimony, child support, or your fair share of the child visitation rights.

Your ex’s lawyer and the judge will scrutinize these posts and be able to take them out of context. So exercise some restraint so that problems are minimized. Also be aware of the power of your cell phone. The new Apple iPhone 4s has an app “Find My Friends” that can land you in the crosshairs of a lie. A spouse can load you and other friends on their cell and see your location on a map. So when you claim to be stuck in traffic on the 405, your spouse can see in reality you are in Laguna Beach. The GPS system does not lie, and it will be hard to show that you got lost if you were truly messing around with a mistress, that happens to be a Facebook friend that lives in Laguna Beach.

So do yourself a favor and stay off all social media and exercise caution until the divorce is finalized and you want to start a new relationship. Otherwise you could jeopardize your child custody and marriage settlement because of inappropriate behavior.

Renee Cary writes for Orange County divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Orange County divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

February 28, 2012 in Family Law, Legal, Legal Articles, Personal Injury by jferris

More Frequent Wage Reporting Would Help Cut Down on SSI Overpayments

The Social Security Administration is calling on private insurers that pay workers’ compensation as well as state and local agencies to report payments to the agency to help cut down on fraud and overpayments.

In a recent speech to the U.S. House Ways and Means Subcommittee on Social Security, Carolyn Colvin, deputy administrator for the SSA, explained that funding shortages are forcing tough decisions to be made. The administration is trying to streamline income reporting to cut back on how long it takes to catch overpayments for Social Security Disability Insurance and the Supplemental Security Income programs.

When the Social Security Administration waits for beneficiaries to report changes in their income, it can take too long and invites problems, Colvin said.

“By requiring plan administrators to provide payment information to us promptly, this proposal would improve the integrity of the [workers' compensation] and [public disability benefit] reporting process, improve the accuracy of SSDI benefits and SSI payments, and lessen our reliance on the beneficiary to report this information,” she said.

The agency considers the goal of curbing improper payments to be key in the Social Security Administration’s strategic plan to “Preserve the Public’s Trust in Our Programs,” she told the subcommittee.

Funding issues are forcing the administration to do fewer continuing disability reviews and significantly fewer SSI redeterminations. The agency does SSI redeterminations on the nonmedical factors that make a beneficiary eligible for SSI. Since the agency has cut back on the number of reviews and redeterminations, it has needed to rely more on the strategic use of the processes and staff, she told the lawmakers.

By asking private insurers and state and local agencies to report income to the SSA, the reporting can trigger some reviews and increase the agency’s efficiency. In the past two years, the agency’s work to continue disability reviews has paid off. In about a third of the work, CDRs found that a disability had ceased and suspended benefits.

SSI redeterminations are up since 2007 after falling the five years before that. The numbers are up because funding increased for program integrity, she said. The increased funding has enabled the agency to improve SSI overpayment accuracy rates by almost four percent in three years.

Colvin asked members of the subcommittee to push for provisions in the President’s budget that would require employers to report wages quarterly. The more frequent the reporting, the easier it is for the agency to accurately distribute benefits, she said.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

January 30, 2012 in Family Law, Legal, Legal Articles by jferris

California Child Custody Cases Redefining Who is the Parent

A recent California child custody case shows how the state is redefining who it deems a child’s parent. Typically, the courts have given custody to a child’s biological or adoptive parents. But since 2002, groundbreaking child custody cases have looked at who the child considers the parent and who is carrying out the parenting duties. The main objective is that the courts want a person who is financially supporting the children and providing for their wellbeing. As a progressive state, California child custody cases involve not only straight couples but gay couples who also provide a strong foundation for children in the middle of a divorce.

“The state has a great interest in having those who want the benefits of parenthood to take on the responsibilities and obligations that go with parenthood,” said Pacific McGeorge School of Law Professor Larry Levine in Sacramento.

In the latest case of assigning the parent child custody, a woman who did not adopt her ex-girlfriend’s kids was ruled as their parent because she provided for them monetarily, tended to them when they were sick and even volunteered at their school. Plus, she could not adopt the children as she was in the Air Force and did not want to violate the “don’t ask, don’t tell” policy that was only recently lifted. Because she was carrying out the parental responsibilities and rights, she was now deemed their parent.

Child custody decisions are, therefore, looking more at who is truly functioning as the parent. Adults who do not have blood ties or adopted a child used to be classified as “legal strangers”, but if they are carrying out the role of a parent, courts will want to keep what is in the best interest of the child. A child-centered approach versus a child as property mentality is what the courts are shifting too. Who do the children rely on? Who do they think their parents are?

This can have a big impact on not only child custody, but matters of child support. The state wants to side with whom will provide the best health, education, and home environment for the child if both parties cannot agree on joint custody. The courts really take each decision on a case by case basis, as no two scenarios are exactly the same. The biggest constant is that they will rule in the best interests of the children. An experienced child custody lawyer can help the individual who seeks child custody to create an agreement that upholds what is best for the children and takes into consideration all the actions they carry out for the children.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. The Maggio Law Firm specializes in divorce and family law. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

January 23, 2012 in Family Law, Legal, Legal Articles by jferris

Proposed Alimony Changes in Florida Would Dramatically Alter Divorce Law

The debate over proposed alimony laws in Florida that would drastically change the divorce landscape is heating up before the Legislature begins the 2012 session.

Orlando Sentinel columnist Scott Maxwell analyzed the proposed Florida House and Senate bills in a mid-November article claiming the bill would benefit “…wealthy men who cheat on their wives.”

A pro-reform group called Florida Alimony Reform claims the Sunshine State’s laws are draconian and out-of-touch with modern society. According to the group’s website, “Because of [antiquated] laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”

Versions of the bill were introduced by State Sen. Miguel Diaz de la Portilla of Miami and State Rep. Ritch Workman of Brevard County, both Republicans. Maxwell pointed out in his column that Workman introduced the bill only about a week after his own divorce became final.

The proposed law would dramatically affect family law. HB 549 and SB 748 both have provisions that limit alimony’s duration as a function of the length of the marriage. “Lifetime alimony” is a sticking point among proponents of change. The new law could end alimony upon reaching retirement age and cap alimony at 20 percent of the payer’s income.

Workman admitted in Maxwell’s column that the cap would likely be removed. Some have called it unconstitutional.

The proposed law would allow people currently paying alimony to petition the court to modify their agreement based on the new law and would prohibit the use of a payer’s new spouse’s income as part of a judgment.

Workman told Maxwell the Florida proposal was inspired by and modeled after sweeping reforms passed by the Massachusetts Legislature this past summer. The highlight of the Massachusetts law is limits to the length of time alimony must be paid. But now divorced spouses in Massachusetts can have their payments ended by a judge if they move in with another partner even if they do not get remarried.

The Massachusetts law also has inspired proposed legislation in New Jersey. News outlets including ABC News and the Huffington Post are covering the trend of state alimony reform.

If the Florida bill were to pass with the provision that allows courts to look at previously decided judgments, it opens the doors for many cases to get a fresh look.

Workman told Maxwell he has already reconsidered some parts of the bill. The Florida Legislature begins its 2012 session Jan. 10.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.