Spousal Support

Spousal Support is available to a married spouse, when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.

Alimony Pendente Lite

Alimony Pendente Lite is a type of support that is limited in nature and paid to the lesser income earning spouse by the higher income earning spouse in accordance to a statutory formula until the divorce is finalized. This support was enacted to equalize the parties incomes during the divorce proceedings and allow each spouse to afford the divorce process and expenses.

Alimony

In Pennsylvania, there is not a set formula to determine post-divorce alimony. Whether or not to award post-divorce alimony payments lies within the exclusive discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.

The 17 Factors of Alimony

• The relative earnings of both spouses.
• The duration of the marriage.
• The ages and physical, mental and emotional states of the two spouses.
• The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
• The expected future earnings and inheritances of the two spouses.
• The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
• The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
• The standard of living of the spouses established during the marriage.
• The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
• The relative assets and liabilities of the two spouses.
• The property each spouse brought to the marriage.
• The degree a spouse contributed as a homemaker.
• The relative needs of the two spouses.
• The marital misconduct of either of the spouses during the marriage.
• The federal, state and local tax consequences of the alimony.
• Whether the spouse seeking alimony lacks sufficient property to provide for their reasonable needs.
• Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

[1] Title 7, Pennsylvania Code, §6102.

Division of Assests

In Pennsylvania “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, marital property does not include:

Veterans’ benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans’ compensation.

Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

Pennsylvania states that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase.

When an employee is injured while on the clock, they have the option of accepting workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred as a result of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, and more. If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery.

If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love. Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Here’s What You Should Not Do:

Do not hide your injury or fail to report it.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain in order to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions.

Here’s What You SHOULD Do:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats in regards to your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of a licensed personal injury lawyer.

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

• An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
• You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
• Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

• Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
• Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
• The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

• If you have been deported from the country you were living in and you wish to return.
• If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
• If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
• If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
• If you had immigration application denied or refused.
  The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

• He/she should be respectful, ethical and professional.
• He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
• Charges reasonable fees after providing the estimates in advance.
• He/she works diligently throughout and ensures that your case goes to a successful completion.
• Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.

Due to the proliferation of the Internet, social media platforms, and hosting websites, online service providers have often become unwitting hosts to materials that may potentially infringe on the copyrights of another. Likewise, original content creators have also increasingly found themselves to be targets of unjustified DMCA takedown requests. Sometimes these takedown requests are made for anti-competitive or harassing purposes by competitors of the website operator.

The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator timely complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:

• A detailed description of the copyrighted work you believe is being infringed upon description of the location of where the alleged infringing content appears;
• Your contact information (including name, address, telephone number, and email address);
• A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
• An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.

In addition to the policy, the website operator should register an agent with the United States Copyright Office.

While the above identifies a number of eCommerce and internet law issues affecting compliance with the DMCA, an in-depth analysis may be required. For example, the timeliness requirement for the take down has been a hot litigation topic lately. Additionally, the DMCA applies to copyrights only, and does not currently provide a safe harbor for trademark infringement or patent infringement claims. These type of claims stemming from users of the website can be addressed in the Terms of Use or other website agreement between the website operator and its users.

In this age of instant communication, more and more ideas are being born and products created than ever before. With the current entrepreneurial trend, new business owners are creating never-before-seen content and services in order to better the world. With so much going on, it can be easy to create something that copies another person a little too closely. Luckily, there are several steps that can be taken to overcome copyright issues.

1. Get permission from the original owner.

When it comes to using copyrighted content, the only legal way to make use of the content is to contact the original owner and ask for permission. In the event this is impossible, there are websites like Creative Commons that offer royalty-free image and audio files that are free for commercial use.

2. Trademark and copyright your own content.

If you create something you intend to turn into a business or revenue stream, it is important to obtain legal rights to it. While it may be your intellectual property, you cannot prevent someone from creating a similar idea and starting a business based on it. It’s important to trademark and copyright your ideas in order to protect them.

3. Obtain a legal copyright.

Intellectual property can be copyrighted by simply putting the copyright symbol in front of it with your name. However, the Copyright Act covers certain topics that are not so easy to claim ownership of, including architectural and choreographic works. Speaking to a copyright lawyer is the way to go to properly claim ownership of your own work and prevent illegal copying of it.

4. Trademark your property.

A trademark differs from a copyright primarily in the things it protects. While a copyright is usually used to cover a creative work, trademarks are used to protect names, logos, symbols, and other corporate IPs. The process of trademarking a property is lengthy and complicated, so it’s best to consult professional help. You must first search to ensure no similar trademarks exist to the one you want to file; even if an existing trademark isn’t identical, one that is too similar can make it impossible for you file.

5. Remember: registration isn’t absolutely required.

Since 1978, there has been no formal requirement in the United States for copyrighted work to bear the copyright symbol. A novel, for instance, is protected as soon as it is ‘saved’ in a word document. That said, registering the work offers certain protections that proprietary copyrighting does not. A person can only sue over copyright issue if their copyright is registered. The restitution a person may receive for damages will only count after the content is registered, not before.

While it may be an extra step, taking the time to copyright and trademark your property, whether intellectual or physical, can protect it in ways that claiming ownership cannot. Copyright issues can pose a number of problems for content creators or those who want to use content, but knowing how to overcome this problems before they arise can prevent a lot of headaches.

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.

The divorce rate in the United States is likely to rise over the next five years due to the ten sociological trends that will be outlined below.

These changes will create an abundance of work and opportunities for family lawyers and matrimonial lawyers.

• In a bad economy, some people stay in bad relationships because they feel trapped. In short, they can not afford to leave their spouse. Today’s economy is quite strong. Home prices are rising and the stock market has been on the rise. Many people who are unhappy with their marriages can now afford to terminate these unfulfilling relationships.
• The opioid crisis, the heroin crisis, the increase in alcohol abuse will create a lot of familial stress and will contribute to marital disintegration in America. Interestingly, many private corporations are now investing in drug treatment center to profit from the increased need for these services.
• Domestic violence often coexists with addictions and substance abuse. Spouses in violent relationships will need to be protected by family lawyers and by the criminal justice system.
• The rising number of people who are addicted to pornography, video games and social media will continue to put a strain on marriages and on family life. Many clinicians and attorneys are seeing the impact of these kinds of addictions on marriages and on intimate relationships.
• Laws allowing same sex marriages create more relationships. More relationships means that there will also be more relationships which end in divorce.
• Internet dating has made it very easy to meet, to hook up with people and find another spouse. Consequently, people are not afraid of being alone and will not hesitate to remove themselves from an unhappy marriage.
• The public is now more aware of the value and utility of pre nuptial and post nuptial agreements. Attorneys will need to create more and more of these contracts.
• Infertility treatments are creating many complicated legal issues for couples. Who owns the fertilized eggs is merely one example of the kind of legal issues that this relatively new technology is generating for families and for their lawyers.
• The growth of mediation will simplify and shorten the divorce process and make it easier and less expensive to terminate a failing marriage. Consequently, more people will be likely to utilize the legal system to end their marriages.
• Similarly, collaborative divorce is gaining in popularity and is creating another viable route to divorce for some couples in America.

 

Whether you are a past offender, currently facing criminal charges, or have a clean record, these criminal law tips are facts that everyone needs to know. Not only can having this knowledge protect you and your loved ones in various situations, it can help you navigate current and future legal issues that are in the works. Continue reading to learn 10 criminal law facts and advice, and be sure to pass this information onto your friends, co-workers, and loved ones.

Important Criminal Defense Tips

1. If you are pulled over and an officer suspects you have been drinking, you have the right to refuse a sobriety test. But there is a serious catch. Keep in mind that this also means law enforcement will arrest you on the spot, and your drivers’ license will be automatically suspended for 12 months. This is because most states, such as Indiana, are “implied consent” states. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime.

2. If law enforcement shows up at your house or office requesting to conduct a search of the premises, you have the right to refuse. If they have a search warrant, you do not have this right and you must cooperate with them completely. If they do not have a search warrant, close the door and immediately contact a criminal defense lawyer.

3. If you are confronted by law enforcement, always be courteous and cooperative. Having an attitude, being disrespectful, and refusing to cooperate will only get you in more trouble. If you want the best experience possible with police, whether you end up getting arrested or not, be sure you are polite, well-spoken, and cooperative. They have all the power at the moment, and you must remember that you do not have control over the situation, so it is best to just give in and relinquish all the control. This will make your time with police and jail (if it gets to that) a lot easier for you.

4. If you are already on probation or parole for a previous offense, and you commit another crime, you will face additional legal sentences and penalties on top of the one you are currently serving. Many people are unaware how serious of an offense it is to violate probation or parole, especially by committing another crime. You can most certainly expect to be sentenced to jail time.

5. A minor is a person over the age of 10 and under the age of 18. However, minors can be charged as an adult in certain cases. This usually happens if the crime is very serious or if the minor is close to turning 18 years old. Being tried as an adult means that a minor faces adult penalties.

6. If you are a past offender, and it has been many years since your last offense, you may qualify to have your criminal record sealed from public access. This means that employers, banks, landlords, and the general public cannot look up a particular criminal charge or arrest. You must have a criminal defense lawyer help you file for record sealing, as the process is highly complex and demanding.

7. To get a complete copy of your criminal record, you must compile all records in every county and state they exist. That is because local, state, and federal records are all different. You will have to contact the clerk’s office or local authorities to get the records you need. You can also have your criminal defense lawyer help you with this.

8. Never waive your right to an attorney. Furthermore, never attempt to represent yourself in court. If you want to avoid the maximum penalties for your criminal charges, you need to have an experienced lawyer working on your defense. They are the only ones who have the knowledge and resources to protect your rights and preserve your freedoms.

9. You have to be very careful what you post to your social media accounts. You must understand that your social media activity can be used against you in a court of law, even traffic court, divorce court, and other civil courts. Law enforcement and government organizations have technology that allows them to identify IP addresses, locations, coordinates, times, dates, and more. If you post from a coffee shop on the corner of 9th and Main, they can find out. Nothing is private on your social media, and all activity is permanently logged forever.

10. The best way to avoid getting in trouble with the law is to surround yourself with positive and healthy people, and to partake in healthy activities. Furthermore, educating yourself on certain particulars of the law can help you understand your rights and obligations as a U.S. citizen. If you ever have questions about the law, contact a trusted criminal defense lawyer for professional advice and answers.

There are strict penalties for a First Offense DUI conviction. If you are arrested for a First Offense DUI in Michigan, here are some of the penalties you are facing upon conviction.

• Operating While Intoxicated (OWI) $100 to $500 fine:
• Up to 360 hours of community service.
• Up to 93 days in jail.
• Possible vehicle immobilization.
• Driver license suspension for 30 days, followed by restrictions for 150 days.
• Six points added to driver record.
• Possible ignition interlock.
• $1,000 Driver Responsibility Fee for two consecutive years for OWI.
• $500 Driver Responsibility Fee for two consecutive years for OWPD.

Not only is an arrest for a First Offense DUI embarrassing, it can cost your job, thousands of dollars in legal fees leaving you and even fear about what is what your future holds.

You need to find a good lawyer to help you fight your first offense DUI charge. You need to find a lawyer that is dedicated to providing their client with an aggressive drunk driving defense no matter the complexity of your OWI/DUI case. Most good lawyers offer a free OWI/DUI case evaluation to help you better understand the complexity and uniqueness of your case. A good drunk driving defense strategy aims for the absolute best results.

While the law is the same throughout Michigan, local courts often employ differing procedures in how they handle such cases, and it is important to have an attorney representing you who is familiar with these differences and able to use them to your advantage.

Being stopped and put under arrest for drunk driving is an embarrassing event. The penalties are extreme and are becoming tougher by the year. If you are arrested for DUI, OWI or impaired driving, you probably have many questions such as: am I going to jail? Will I lose my driver’s license? Can I take my case to trial and win? Again, a good Criminal Defense Lawyer can help you figure out these issues with you. Do not face these kinds of charges alone.

Depending on the facts and circumstances of your case and your previous record, a drunk driving conviction can result in jail time, significant fines and costs, community service, work crew, loss of your driving privileges and probation.

I am amazed at how many times I see people think they can handle a first offense dui offense by themselves. This is a grave mistake. Always have a lawyer by your side when you are facing a dui charge.

When a parent or loved one gets a call in the middle of the night, it can be very stressful and mind-boggling to figure out how Encinitas Bail Bonds work at the Vista jail. If you make a mistake, it can cost you lots of money in bail bond premium.

Firstly, anyone arrested in North County San Diego or Encinitas Ca will be taking over to the Vista Detention Center in Vista California. It’s at the Vista jail where the arrest and the booking process begins. If you were hoping for a quick bail bondi process and getting your loved one out very quickly, forget it. The bail process at the Vista jail takes anywhere from 4 to 12 hours until your family member is released after a bail bond is posted.

For every crime you can imagine, there is already a set amount in which the defendant has to pay in order to get out of the Vista jail during their court case. This is usually 10% of the entire bail amount. The bail bondsman puts up the other 90% with a bond and promises that the defendant will show up for all the court cases or the Encinitas bail bondsman will be responsible for the entire bill amount if the defendant skips bail.

Secondly, once the defendant is in the Vista Jail they will be fingerprinted and their identity verified. They are then sent to the FBI to check for any outstanding warrants in any other state in the USA. The fingerprinting process can take anywhere from 2 to 6 hours depending upon how busy the Vista jail is and how busy the FBI is processing fingerprints from around the country. Once to fingerprint check comes back and there are no outstanding warrants, then in Encinitas bail bondsman can post the bail at that time.

Thirdly, once it has been posted at the Vista Detention Center, the defendant will go into an exit process that could take anywhere from 1 to 5 hours. If the defendant was arrested for DUI, they are required by law to stay in jail for at least 8 hours before they are released back into the public. This helps drunk driving defendants when they get out of jail that they are completely sober and there’s no liability at the Vista Detention Center if they get into another accident. In the exit process, the arrestee will get all our possessions back, including their phone, money, jewelry, and any other articles that they were arrested with.

The defendant will have a future court date that they need to appear at once they are out back into the public on a bail bond. It’s very important that the defendant does not violate the bail contract and commit no additional crimes once an Encinitas bail bond has been posted.