October 13, 2010 in Business, Business Insurance, Elder Law, Family Law, Health Insurance, Insurance News, Life Insurance, Special Needs by jferris

Social Security and the Deficit Commission: Myths and Realities

Social Security and the Deficit Commission: Myths and Realities

Social Security turned 75 on August 14. While some celebrated its successes, the dominant narrative was instead that Social Security is in trouble. Politicians and pundits took note of Social Security’s anniversary amid renewed warnings about the dire challenges the program is facing.

In the political realm, discussion of Social Security has degraded more to the level of insult slinging and demagoguery than actual policy discussion. Democrats are accusing Republicans of trying to dismantle the nation’s most popular social insurance program (which they are) and Republicans are accusing Democrats of scare mongering about Republicans’ plans (which they are).

However, as is increasingly and unfortunately the case, the additional attention currently being paid to Social Security is not contributing to a better understanding of the program.

Debates about the health of Social Security are not new. Since President Roosevelt signed the Social Security Act in 1935, the program has never met a 75-year test for solubility. [1] Yet, 75 years later, Social Security is still paying all promised benefits to retirees and individuals with disabilities.

President George W. Bush made Social Security “reform” a key goal early in his presidency. However, even with non-stop media coverage and in some cases flat out fear-mongering, the idea of privatizing some or all of the nation’s Social Security program simply did not appeal to the majority of Americans. The inability to pass any changes to Social Security after making “reform” key to his agenda was one of President Bush’s larger legislative failures.

The debate over what, if any, changes should be made to the Social Security system was quieted during the later years of the Bush presidency, but has resurfaced with vigor as President Barack Obama approaches the midway point of his first term. The resurgence of the debate can be attributed to several factors. Republicans, pandering to an increasingly extreme base in the coming 2010 mid-term elections, are using public confusion about the program to foment an atmosphere of fear and panic over looming budget deficits. Ideology also plays a roll. Conservatives do not like Social Security. It is a popular, effective government program that runs counter to the dogma that government can do no good. Finally, some politicians and economists are engaged in a good faith effort to make sure seniors who rely on Social Security and workers who have been promised Social Security will continue to receive benefits into the foreseeable future.

One key group investigating the future of Social Security is President Obama’s deficit commission. In February, the president created the National Commission on Fiscal Responsibility and Reform, and tasked the commission with developing solutions to help maintain the nation’s long-term fiscal solubility. Social Security leads the commission’s agenda, and members are mandated to produce a series of recommendations by Dec. 1, 2010. [2]

From its inception, the commission has received criticism from the left for its conservative makeup, being comprised of Republicans and moderate- to conservative-leaning Democrats. In a recent Washington Post article, Ezra Klein scored the six Republicans and six Democrats on the commission using DW-NOMINATE rankings. He found that the Senate Democrats on the committee are more conservative than the average Senate Democrat and that the Senate Republicans on the commission are also more conservative than most of their Senate Republican colleagues. The result, in his view, being a committee evenly split in terms of partisan affiliation but right leaning in terms of ideology. [3]

Klein’s analysis of the commission follows a wave of criticism directed at its co-chair, former Republican Senator Alan Simpson. Simpson, proving himself out of touch with working Americans, described Social Security as a “a milk cow with 310 million tits.” In addition to showing a striking lack of tact (the quote coming from a letter written to the head of the National Older Women’s League), Simpson’s rant proves he either does not care about or does not understand the actual workings of the Social Security insurance program. Social Security, funded separately from rest of the federal budget, quite simply pays benefits to those who have paid in. In order to qualify to draw Social Security, an individual must work and contribute to the program for 10 years. Social Security is not means tested; benefits are paid progressively as a percentage of former earnings and contributions.

The mean Social Security benefit is around $14,000 a year, providing 40 percent of retirement income for the average American. [4] According to the Center on Budget and Policy Priorities, Social Security lifts 20 million Americans out of poverty. [5] And, according to a recent national survey commissioned by the AARP, 85 percent of adults oppose cutting Social Security and half of non-retired adults support paying higher payroll taxes to ensure the systems stays solvent. Younger Americans, while skeptical about the program’s future, are particularly supportive of the program. 90 percent of respondents aged 18 to 29 said they believe Social Security is important. [6]

However, while Social Security is popular, many Americans, particularly young Americans, are skeptical about its future. Much of this can be attributed to the misunderstandings and mistruths that are continuously perpetrated by some in Congress and in the media. Here are the truths behind some of the more common Social Security myths.

1. Social Security adds to the deficit.

Social Security, by law, cannot add to the deficit. It is a separate program, paid into through FICA contributions, with benefits paid only from the revenue it raises. If the trust fund were to be exhausted and current contributions were not adequate to pay benefits, Social Security could not borrow from the general budget. Federal law prohibits Social Security from borrowing.

2. Social Security is broke, and there is no “Trust Fund.”

Conventional wisdom among Social Security skeptics is that the program is out of money now and that there is no Social Security Trust Fund. This is fueled largely by the fact that Social Security did begin to pay more in benefits than it received in taxes earlier than was projected due to the depth of the 2008 recession. Regardless of this fact, The Social Security Trust Fund currently runs a $2.5 trillion surplus. The Economic Policy Institute estimates the surplus will peak at $4.2 trillion in 2024 [7]

Trust Fund intact, with no changes to the program, Social Security is projected to be able to pay 100 percent of benefits until the year 2037. After 2037, Social Security will still be able to pay 75 percent of benefits. [8] A program projected to meet costs almost 4 decades into the future with no adjustments is not a system in crisis. Other government programs would be hard pressed to meet such a standard.

3. The Trust Fund has been raided and is just full of IOUs.

Those who decry the vacuous trust fund, eliciting imagery of a big room with lonely piles of IOUs, are in reality making claims against the creditworthiness of the United States government. True, the Social Security Trust Fund is not sitting around in a lock box as Al Gore eloquently stated. The funds are invested in Treasury Bonds, “full faith and credit” notes that the government issues to many of its creditors. Since the federal government has never missed a payment on its debt, and is not expected to anytime soon, to claim the Trust Fund is full of useless IOUs is disingenuous.

4. The retirement age must be raised because people are living longer

The retirement age argument is tricky because two things are the case: more baby-boomers are soon to retire, and people, on average, are living longer. The argument seems logical on its face, but the reality is very different.

The crux of the issue surrounding the retirement age is that the rise in life expectancy since 1935 is largely due to lower infant mortality rates and is unevenly spread among income levels. Since 1972, life expectancy has increased by 6.5 years for top earners, but by less than two years for workers in the bottom half of the earnings bracket. [9] Because of this disparity, the less affluent, those who most need social security, will see the greatest benefit cut. It is not as difficult to imagine staying in a well-paying office job for a couple more years as it is to continue working lower-paying labor-intensive jobs until age 70.

In addition, the retirement age is already set to increase gradually, due to a 1983 law, until it reaches 67 for people born after 1959.

5. Benefit cuts are needed

To the extent that there will be shortfalls in the Social Security budget in the future, they are minor in relation to other budget expenditures, and can be corrected without cutting benefits. In 1983, when Social Security actually did run out of funds, a “deal” was made with workers to put Social Security back in the black. Payroll taxes were raised, significantly, on middle and lower income workers. The tax increase was highly regressive, but, coupled with a raise in the retirement age, was responsible for building the large surplus Social Security enjoys today.

The increase in taxes on lower income individuals also allowed Reagan to cut taxes on those earning higher incomes. At the time, implicit in the deal was the idea that lower income workers would overpay their taxes for 30 years, at which point higher income individuals would pitch in to relieve some of the burden and cover any funding shortfalls. After a period of overpayment of payroll taxes, the tables would turn, and middle and lower income individuals would begin to underpay payroll taxes with the difference being covered by a raise in income taxes on higher earners. [10]

Thirty years later, the second part of that deal has been conveniently forgotten. Without cutting benefits, and in the spirit of Alan Greenspan’s 1983 recommendations, creating new sources of revenue could increase funds. The cap on Social Security taxed-income, currently $106,800, could be raised or eliminated. Other taxes, like a proposed financial transactions tax, could be implemented. The 75-year projected Social Security deficit is roughly equal to the cost of extending President Bush’s tax cuts on those earning over $250,000 a year for the same period. [11]

The logic, as Paul Krugman stated, is that benefits have to be cut to avoid cuts in benefits. That logic does not add up. [12]

6. Social Security faces the same issues as Medicare and Medicaid.

Social Security often gets lumped in with Medicare and Medicaid as a problem “entitlement” program. It is true, Medicaid and Medicare do face funding problems, but much of this is due to the ballooning costs of health care. Social Security does not face the same problems as Medicare and Medicaid as payouts are not affected by rising health care costs.

Even with these realities, many watching the Social Security debate expect the deficit commission to offer a package of several cuts, including an increase in the retirement age. It is anticipated these cuts will be coupled with some sort of an increase in payroll taxes for wealthier Americans.

Current and future retirees would be well served if politicians would stop confusing the distinction between cuts in Social Security and cuts in the national debt. Mounting deficits are a legitimate concern, but can in no way be attributed to Social Security. Americans, both those receiving Social Security benefits, and those planning to receive benefits in the future, acknowledge the significance of the Social Security. A program that is so important to so many Americans deserves an honest debate.

SOURCES

1. http://www.epi.org/publications/entry/webfeatures_viewpoints_ss_myth/

2. http://www.fiscalcommission.gov/

3. http://voices.washingtonpost.com/ezra-klein/2010/08/the_republicans_on_the_deficit.html

4. http://www.huffingtonpost.com/mark-miller/its-time-to-bolster-socia_b_696327.html

5. http://www.cbpp.org/cms/index.cfm?fa=view&id=3260

6. http://www.aarp.org/work/social-security/info-08-2010/social_security_75th.html

7. http://www.epi.org/analysis_and_opinion/entry/fact_check_has_social_security_begun_tapping_its_trust_funds/

8. http://www.ssa.gov/OACT/TR/2010/index.html

9. http://voices.washingtonpost.com/ezra-klein/2010/07/more_on_raising_the_retirement.html

10. http://motherjones.com/kevin-drum/2010/08/deal

11. http://www.cbpp.org/cms/?fa=view&id=3262&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+cbpp%2FfYJq+%28Center+on+Budget+and+Policy+Priorities%29#_ftnref1

12. http://www.nytimes.com/2010/08/16/opinion/16krugman.html?_r=1&hp

June 11, 2010 in Family Law, Legal News by jferris

Prenuptial Agreements Allow for Division of Future Earnings

Prenuptial agreements can be designed to protect more than just premarital assets. They can outline how couples want to divide their future earnings in the event of a divorce.

While many people assume that prenuptial agreements are only useful when one partner brings a significant amount of wealth to the marriage, this assumption is incorrect. Prenuptial agreements are not limited to specifying the division of assets attained before the marriage. They can also be useful in specifying the division of assets that are accumulated during the marriage. There are a number of different situations which warrant a prenuptial agreement when neither partner has a lot of assets before the marriage.

A common example of a situation in which a prenuptial agreement might be necessary is when one partner agrees to support the other during professional or graduate school. Even though neither one of the partners has a lot of money at the beginning of the marriage, supporting the other partner through school can have a great impact on that partner’s future financial success. In a situation such as this, the earning potential of the partner who receives the advanced degree is likely to be much greater than that of the supportive partner.

Without a prenuptial agreement the partner who earned the advanced degree isn’t likely to be obligated to share his or her earnings with the other spouse in the event of a divorce. However, a prenuptial agreement can be used to protect the interests of the supporting spouse by specifying terms for spousal support in the future.

More and more Americans are choosing to become small business owners, and a prenuptial agreement can also protect spouses who have individual interests in forming a business and those who choose to go into business together. A prenuptial agreement can set out rules for how business assets should be handled and divided in the event of a divorce. By agreeing on these issues in advance, both spouses can be confident that their earnings will be divided fairly.

Prenuptial agreements can thus provide couples with a feeling of security about the assets couples accumulate together. An expert family law attorney can help couples draft a prenuptial agreement that will protect the interests of both parties and their future earnings.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/

June 11, 2010 in Family Law, Legal News by jferris

The Maggio Law Firm Encourages Unmarried Mothers to Consult a Family Law Attorney

Unmarried mothers face a number of legal issues that must be dealt with to secure the health and happiness of their child. A family law attorney can help unmarried mothers navigate these difficult legal issues and secure adequate child support.

Unfortunately, many unmarried women find themselves alone after they become pregnant and the father of their child leaves. This abandonment can be emotionally taxing for a young woman by itself, and there are a number of legal issues at stake that must be handled as well. Not only must the child’s paternity be confirmed, child support must be secured from the baby’s father, and a child custody arrangement must be worked out between the parents.

Once an unmarried woman becomes pregnant, determining the paternity of the child is essential in pursing child support. With married parents, paternity is established automatically. However, if parents are unmarried, paternity establishment is not automatic. Both parents should start the process as soon as possible, so that the child will not have to suffer. Once the child is born, unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. If the father contests the paternity, a paternity test can be administered.

Once paternity is established, a family law attorney can then work to get an order of child support from the father, and the California Department of Child Support Services can assist unwed mothers with child support collection and enforcement. Securing child support is an essential step for unwed mothers, as it offers the financial support necessary to make sure that the child is properly taken care of.

Child custody arrangements between unmarried couples can be quite complex and difficult to navigate. An experienced family law attorney can help unmarried mothers construct a child custody arrangement that will work for both parents and will serve the best interests of the child. When establishing custody, the courts will take a number of factors into consideration including:

• The child’s health, safety and welfare
• The stability of each parent’s home environment
• The history of physical abuse
• The parents’ criminal history, as it may restrict custody or visitation orders
• Whether or not siblings are involved
• The wishes of the child, if he or she is old enough to make them known

A family law attorney can provide assistance in working through all of these issues. Just because a young woman is not married when she becomes pregnant doesn’t mean that the mother, and child, do not have legal rights.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

July 27, 2009 in Family Law, Legal News by admin

When Things Go Wrong Medically

When something goes wrong medically, it will often go wrong at just about any point in the process of being diagnosed to being treated.
Generally speaking, the kinds of errors that are most commonly made in the health care system are technical errors, misdiagnosis, failure to prevent injuries, and medication errors. While many people think that medication errors should lead the pack in terms of medical malpractice, they actually rank the lowest and come in at about 10 percent according to a study by the Institute of Medicine. Technical errors were rated at 44 percent, misdiagnosis at 17 percent, and failing to prevent injury came in at 12 percent.
“The most disturbing fact is that virtually all of the errors cited were thought to have been preventable,” said Bradley J. Hofland, a Las Vegas personal injury lawyer. Other errors included patients reacting badly to drugs that didn’t have a previous history of allergies. Generally speaking, these kinds of misunderstandings are considered to be just a small part of the problem and other organizations have concluded that patients experience slip-ups in other ways; such as an error in administration, a failure in communication, erroneous lab results, and malfunctioning medical equipment.

“In addition, medical errors don’t tend to just happen in a hospital, and may arise in a physician’s office, an operating room, a clinic, the ER, at a drug store/pharmacy, at home, in a lab, or a nursing home,” added Hofland.

Many people don’t realize that misdiagnosis is classified as one of the most costly forms of medical errors simply because it often leads to wrong medical treatments, delayed treatment or even no treatment because of a misdiagnosis. “Be aware that there are also an increasing number of people who attempt to self-diagnose by surfing for conditions on the Internet,” indicated Bradley J Hofland, a Las Vegas personal injury lawyer.

Aside from that form of misdiagnosis, there are some conditions that just don’t get pinpointed, particularly if there are no major symptoms presenting. “Even if there are symptoms, this does not mean that there won’t be a wrong diagnosis if the disease mimics something else. Along the same lines, there is also a chance of a right diagnosis, but the wrong subtype of disease,” explained Hofland. Included in this area of misdiagnosis is also the fact that a disease, if diagnosed, may have a variety of companion complications that need to be dealt with and treated.

Cases such as the ones mentioned here should be discussed with a highly skilled attorney, familiar with this area of the law. The only way to obtain justice in situations like this is to seek redress through the courts for personal injuries.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

July 27, 2009 in Family Law, Legal News by admin

Divorce on Hold

It makes a lot of sense that divorces these days are not happening with the same degree of regularly they have in the past. This is due to the poor economy.

Going through a divorce is not a lot of fun for any of the participants, not to mention the usual financial consequences dogging both parties as they struggle to get back on their feet. However, the rush to the divorce courts seems to be slowing down, thanks to the bad economy, something that Bradley J. Hofland, a Las Vegas divorce lawyer, has noticed as well.

If a person stands to lose a great deal of money, property, assets, pensions, etc., when they file for divorce, it stands to reason that they would be thinking twice about whether or not to pull the plug and take their chances with the courts. There isn’t always a lot of certainty about how the property may be split or how alimony and child support issues will be handled. One thing is for certain, divorces cost money and that seems to be a fact of life.

“It seems that divorce these days is now something people consider very carefully before they make any decisions they may not be able to live with later,” added Hofland, who practices Las Vegas family law. In fact, 37 percent of the members of the American Academy of Matrimonial Lawyers are reporting that they’re once again seeing a decline in divorces. Interestingly enough, this trend seems to follow a pattern directly tied to the state of the American economy.

These days if someone wants a divorce, they need to do some serious planning before they make any decisions. One of their choices may be to wait until the economy improves and people’s ability to manage debts takes a turn for the better. What also seems to be happening on the matrimonial front is that those in troubled marriages are waiting to see what happens. “Two things may happen in that instance – the problems may resolve and the marriage may continue, or the issues merely percolate and the parties start to get prepared to divorce at a later date,” said Bradley J. Hofland, a Las Vegas divorce lawyer.

Facing a job loss, lay off, illness or divorce is enough to make many people stop dead in their tracks and consider what it would mean if their net worth took a sudden plunge. The facts are that they would likely not be able to make the payments associated with a divorce – the legal fees and the possibility of also paying out two types of support – spousal and child. To find out what would happen in the event of a divorce, contact a highly skilled attorney such as Bradley J. Hofland, a Las Vegas family law attorney.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

July 27, 2009 in Family Law, Legal News by admin

Out Like a Light

Going into the hospital for surgery, while common, may be fraught with the potential for anesthesia malpractice, a matter that needs to be discussed with a skilled Las Vegas personal injury lawyer.

Not many people have heard of the term anesthesia malpractice and it doesn’t just happen in the operating room, as many would guess. It may happen during pre-operative prepping, post-op recovery, or even in any location where anesthesia is given, such as a medical facility or physician’s office. Las Vegas personal injury lawyers are well aware of cases such as this.

The assumption that lies at the basis of any medical malpractice lawsuit is that doctors or medical professionals owe us a primary duty of care to exercise their skill and training with due diligence to the patients. Although medical practitioners are human and do make mistakes, their standard of care is higher because of their training and the enormous amount of trust others place in their hands. Not exercising the proper care may result in severe injuries or death.

The scope of anesthesia mistakes ranges from possible incidents during childbirth and may also encompass dental procedures. The difficult thing in this particular field of medicine is that errors are not just limited to anesthesiologists. To administer anesthesia all one requires is specialized training and certification.

This explains why you’ll find other people, (besides doctors) giving anesthesia in places like a dental office, an office that specializes in cosmetic surgery and other outpatient procedures; e.g. colonoscopy. This isn’t to say that ordinary people on the street are able to get special certification in administering anesthesia, as it’s only medical professionals that get this training, and that includes dentists, surgeons and nurses, etc. While incidents like this are not highly common, many Las Vegas personal injury lawyers have handled some cases during the course of their practices.

Injuries that result from a brush with the wrong dose or method of administering anesthesia usually manifest themselves in the form of an overdose and/or the failure of the person giving it to properly prepare the patient, take extra precautions or monitor the patient.

There is one other area where sometimes things go awry, and that is when the anesthesia staff don’t properly inform the patient of what they may expect. Informed consent issues are another area of duty of care by medical professionals that needs to be followed to avoid disastrous consequences. If you have any questions about an incident that you may have endured involving anesthesia, discuss your concerns with an experienced Las Vegas personal injury lawyer.

Be aware that liability may not just be outside the hospital or other office settings and may involve the actual equipment used. All the apparatus used when administering anesthesia needs to maintained consistently and diligently, and if anything is not done properly, liability may fall on the manufacturer or the individuals who maintain the machine(s).

If you feel you have been the victim of anesthesia malpractice, contact a highly skilled Las Vegas personal injury lawyer to help you build your case for just compensation.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

July 27, 2009 in Family Law, Legal News by admin

Maintenance and Child Support Modifications Increasing

It’s not too surprising to find out that with the economy the way it is these days, there has been a sharp increase in requests for changes to support and alimony agreements.

The recession has hit Americans right where they live, and times are incredibly tough for many struggling to keep food on the table. Throw a divorce and maintenance and child support into this mix, and you have a recipe for disaster. Divorced spouses who have lost their jobs, or even taken a cut in pay to keep a job, are wondering how on earth they are going to keep up their maintenance/child support payments.

The one way to accomplish this is to request the courts make modifications in previous child support/maintenance agreements. Evidently, according to a fairly recent survey conducted by the American Academy of Matrimonial Lawyers, roughly 39 percent of America’s top ranked divorce attorneys are reporting a significant hike in the number of modifications being made to child support payments. On the other hand, close to 42 percent across America and in Las Vegas family law offices have seen an increase in changes made to alimony payments.

Times are tough all around and the signs of the times are often seen in Las Vegas family law offices as they assist clients in dealing with the fall out of a change in financial circumstances. In most instances, that directly affects their client’s ability to fulfill their contractual obligations as first negotiated. There certainly aren’t many other alternatives for a person paying child support/alimony to adjust their payments if they’ve lost their job or become too ill to work.

Keep in mind how the child support was figured out in the first place – usually by the courts after they look at several factors on both sides of the fence. Those factors included what each parent made yearly and could encompass things like social security, pensions, benefits, workers’ compensation, lottery winnings, tips, investment income and UI.

Digging a little deeper, the court would also ascertain if there was child support being paid or received to maintain children from another relationship, what was being paid out in terms of extra education expenses and childcare expenditures. Health insurance costs are factored in as well. Generally speaking, this is the process to figure out child support and your Las Vegas family law office will help you in calculating these expenses.

In order to get any changes made to the child support payments, you have to go back to court and specifically ask for a modification. The way that works is if both parents agree, (if they don’t – ask your Las Vegas family law office lawyer what to do next) they hand in something called a “stipulation” to the court.

The court’s role is to approve the stipulation and issue an order modifying the original child support order. Be aware that the “only” modification that will be enforced is the modification the court issues. Nevada will not enforce child support payment agreements cobbled together by the parents. By the way, it is also possible to get a temporary modification for a minor change in circumstances. Speak to your Las Vegas family law office lawyer and find out how this process works.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

July 24, 2009 in Family Law, Legal News by admin

A Felony Is Serious

Across the US every state has its own system to classify crimes. While this may sound haphazard, most of them are broken down along fairly similar lines.

Generally speaking, the first classification to note is misdemeanors and felonies. It’s the felonies that are the most serious offenses and often come with a jail sentence, or in some very serious crimes, the death penalty. On the other side of the coin are the misdemeanors that usually are categorized as being less serious offenses and come with a jail term of less than a year in the county jail, not a penitentiary.

Past this initial first breakdown of the differences, there are further categories that usually depend on the severity of the crime in question. “An example would be a Class A misdemeanor, which is considered fairly serious and normally comes with a jail term and a fine. However, this varies from state to state,” explained Jeremiah Denslow of Denslow Law in Dayton, Ohio.

Class B misdemeanors may only have jail terms of up to 180 days, and Class C misdemeanors usually just carry fines, but again, these are generalities and this may change from state to state. If a person is charged with one of the above misdemeanors, it’s best to consult with a qualified attorney and have them explain the situation and deal with the charges.

When dealing with felonies, the price tag tends to be higher, and again, variable from state to state. “In felony classifications, the most serious crimes such as first-degree murder are labeled capital felonies. Someone convicted of a capital felony in states that have the death penalty, may get death or life in prison,” added Denslow.

Generally speaking first-degree felonies earn prison for five years to life; second-degree receives no more than 20 years and no less than 2 years; and third-degree felonies tend to get prison terms of no more than 10 years and not less than 2 years. However, having said that, in many instances there are circumstances that may change how an offender is punished. This will have to do with the work of the lawyer who handled the case.

“Generally speaking, in order to figure out what crime fits what classification, the law looks at what the state has on the books, any priors and mitigating or aggravating factors,” outlined Jeremiah Denslow of Denslow Law in Dayton, Ohio. This is where a highly qualified attorney will be able to make a significant difference in the outcome of cases such as this.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

July 24, 2009 in Family Law, Legal News by admin

Divorces May Be Complex

No one ever said that getting a divorce is easy, particularly if there lots of assets and children involved.

Getting a divorce is difficult for all the involved parties and has been called by many psychologists a form of death. There are very few divorces that could be classified as “easy,” with most of them falling somewhere between acrimonious and contentious.

The process of divorce deals with many issues, not the least of which is the division of assets, child custody, support or maintenance for the spouse, and visitation rights. “Since these issues are all dealt with differently in each state, make sure to ask your lawyer what happens in your home state and what you will need to do to file and get through it all,” advised Jeremiah Denslow of Denslow Law in Dayton, Ohio.

In some states when someone files a petition for dissolution of marriage, the divorce may be deemed to be either a “fault” divorce or a “no fault” divorce. Again, this is something that needs to be checked with a competent attorney familiar with divorce law, as each state has slightly different classifications for divorce petitions.

“For a no fault divorce, the spouses need to have been living apart for at least 2-years or longer. They must cite irreconcilable differences as the reason for their petition” explained Denslow. On the other side of the coin is a spouse who has cheated, is impotent or abuses substances, and these are the reasons the marriage came apart. This is definitely a fault divorce.

Other issues that need to be dealt with during a divorce include the division of joint property. “There are a variety of conditions/circumstances that apply to whether or not an asset purchased after marriage is eligible to be split up. The distinctions here have to do with the difference between marital and non-marital assets,” outlined Jeremiah Denslow of Denslow Law in Dayton, Ohio. The lawyer dealing with a divorcing couple will need to run down the conditions to keep both parties informed of what is required by law.

Child custody is another “hot button” issue that has the potential to get quite ugly, as one parent usually wants more access to the children than the other parent is prepared to give. “In really contentious situations, the courts do take a child’s wishes into consideration when making any custody decisions; however, their overall well-being relating to mental, emotional and physical development may override those wishes,” added Denslow.

If faced with the difficult decision of divorcing a spouse, make it a point to retain a skilled divorce attorney who is able to assist in making the divorce process go as smoothly as possible.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

July 24, 2009 in Family Law, Legal News by admin

Silent Neck Injuries

Even though many neck injuries may not seem to be that serious at the time, it’s best you get them checked by a doctor, or they may cause problems later.

Many neck injuries are silent until they start to cause a problem. They are, in some ways, similar to brain injuries in that they don’t always manifest themselves right away. Most neck problems come about as a result of being in a car crash, or from slipping and falling.

Most of us are familiar with the term whiplash and perhaps have even suffered through a case of it. These personal injuries are notoriously sneaky, as they show no visible signs or symptoms. Some of the pain and discomfort will vanish over time; however, no one is one hundred percent sure when other consequences might not happen, such as numbness, disability or paralysis.

Soft spinal cord tissue damage may not manifest itself for years and remain silently waiting for a chance to cause problems that may even include death. Never make the mistake of thinking that a minor neck sprain will just “go away,” as many neck injuries have the ability to come back and haunt a person. No one wants to find out that what they thought was a minor injury and they settled for it, is actually a major condition that might cause them to spend their lives in a wheelchair.

If you have been injured in a car accident, or have slipped and fallen and injured your neck, contact a skilled attorney to take your case. Just because it may seem to be an inconsequential neck injury, the prognosis for this type of damage is always uncertain at best.

A highly trained attorney knows how to build a case to claim compensation for what seems like a minor injury, but may have the chance of developing into something worse. Your attorney will be intimately familiar with medical language, x-rays, imaging techniques, and therapies for treating neck injuries. S/he will also be able to explain to a jury the real consequences of a whiplash injury.

Remember, never assume because the neck damage seems to be inconsequential that you may not have a significant problem later in life.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.