Brain Injury Attorney Blog

Child support guidelines differ from state to state. Factors that may be taken into account when calculating child support include the needs of the child, ability of the noncustodial parent to support him or herself, standard of living the child would have had if the family had stayed together, child support owed for children from previous marriages and living expenses. If you are involved in a child support dispute, it will be beneficial to speak with an experienced child support lawyer to help you with your case.

Circumstances that may affect eligibility for child support are as follows: (1) paternity disputes. If the paternity of a child is questioned, the biological father of a child may not be ordered to pay child support until the results of a paternity test are reviewed by the court. (2) Identity and location of biological parent. Parents who can't locate or identify the other biological parent of a child may never receive child support, unless the missing parent is found and/or a paternity test is ordered. If the identity of the parent is known but he or she cannot be found, the child support services agency may provide help. (3) Child support orders. After a divorce court orders a parent to make child support payments, that parent may be held in contempt of court for failing to pay. A good family lawyer can help you and your ex-spouse come up with a good child support agreement. Once a child support agreement - including the amount, frequency and duration of payments - is put in writing, both parents must sign, or argue, the child support agreement. Then the child support agreement must be approved by the divorce courts.

Divorce is hard on the children involved, as well as the parents. As difficult as it may seem, it is very important for young children to maintain a sense of normalcy during and after divorce proceedings. Child support helps with that. The child should not feel like his or her life has turned upside down when the parents are splitting up, and having monetary support from your ex-spouse may help with that.

Sometimes, child support agreements can end up becoming impossible to adhere to later in life. Certain things may happen to one of the parents that would prevent them from paying support, like being laid off from their job or becoming disabled. The Supreme Court’s ruling on indigent parents does not go far enough in ensuring fairness to all parties involved. A court may not impose punishment if it is clear that the individual is unable to comply with the order. But, without a good family lawyer, it is extremely difficult a defendant to show that they cannot comply with the previously signed agreement. If you or someone you know is trying to make decisions concerning their child support agreement, call one of the Myrtle Beach family lawyers at The Mace Firm to schedule a consultation.

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Yesterday in New York, 5 Amish farmers were killed in a serious car accident. The accident happened when a car attempted to pass a farm tractor and hit a van carrying 13 Amish farmers. The car hit the van, which sent it underneath the farm tractor. The crash killed 5 people and injured 10 others. The 5 Amish farmers were pronounced dead on the scene and the 10 injured people were taken to the hospital, some with serious injuries. For the families of the victims, it would be in their best interest to speak with a good personal injury lawyer or a wrongful death lawyer in the New York area.

The driver of the vehicle that caused this accident, Steven A. Eldridge, had very minor injuries which did not require a trip to the hospital. Eldridge, 42, of Penn Yan, N.Y., has been charged with criminally negligent homicide, driving while intoxicated and lesser offenses. The crash occurred in a no-passing zone.

At least four people were trapped in the wreckage before they were freed by emergency workers using power-cutting tools. Four hours after the crash, rescue workers were still removing pieces of the van. The tractor was carrying large equipment, the authorities said. A sheriff at the scene said the victims were all adults from Steuben County in New York. The group of Amish farmers was visiting other farms on an excursion organized by Cornell University to learn farming techniques compatible with their religion.

A wrongful death lawsuit is based on claims that a victim was killed due to negligence on the part of the person being sued. The purpose of a wrongful death lawsuit is to allow the survivors to collect monetary damages as a result of the improper conduct. Over the years, states have passed wrongful death laws that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely. Today, all states have some form of a wrongful death claim action in force. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

Because every state law is different, it’s very important to know what your state’s law on wrongful death is. Applying the law can be complicated, and the best way to be sure you are protecting your rights is to consult with a wrongful death lawyer who is experienced in your state. If you feel that you have a valid claim for the wrongful death of a family member, you should consult with an experienced wrongful death lawyer in your area. Hiring a good wrongful death lawyer is very important when tragedy strikes. Call one of the Myrtle Beach wrongful death lawyers at The Mace Firm for a free consultation.

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During a divorce, your assets will be divided by an agreement your reach with your spouse or they will be divided by the court. Your assets can include your possessions and accounts, such as real estate and retirement accounts. Real assets include homes and property; these are physical or identifiable assets. Personal property is any asset other than real estate because personal property is movable, whereas real estate is permanently fixed to one location. Personal property can include furniture, antiques, artwork, computers, jewelry, collections and vehicles. Financial assets include checking accounts, savings accounts and retirement accounts, to name a few. A good family lawyer can assist you when it comes to dividing your assets during divorce proceedings.

There are two ways to protect your assets during a divorce: premarital asset protection and postmarital asset protection. Premarital asset protection requires a prenuptial agreement to be in place. The divorce courts in states accepting prenuptial agreements will uphold the contract if the agreement is fair and includes all relevant information about assets. If the court believes that one party was forces to enter into the agreement under duress or coercion, the prenup will be thrown out. A postnuptial agreement will help to protect your assets during the divorce process. The agreement typically includes all marital debts and assets, income and expected monetary gain. An experienced divorce lawyer can help you figure out what to include in a postnuptial agreement and whether the court will accept it.

Just as marital assets are divided during a divorce, marital debts are divided as well. If the couple cannot agree on how to divide their debts, the court will decide for them. The court will divide the assets and debts based on spouse's income, earning potential, and child custody. Unfortunately, even if your divorce decree assigns certain debts to your spouse, you may still be responsible for those debts. If one spouse fails to pay off debts, the creditor can still bring legal action against the other spouse for the full amount of the debts.

Determining marital property during a divorce is important. Marital property may include income, real estate, the family home, furniture and cars. Depending on the state, some property can be considered separate property by the court; separate property is not divided between the spouses. There are two ways the court can divide your assets. Community property law is when the divorce court divides all marital proeprty equally. Equitable property distribution, on the other hand, is when the divorce court makes property distribution decisions by what they consider to be fair.

Getting a divorce is rough on all parties involved. There are a lot of decisions during the divorce process your divorce lawyer can help you with involving your finances and assets. It is wise to consult with a good family lawyer in your area if you are thinking of getting a divorce. Our experienced Myrtle Beach family lawyer is here to help you through this difficult time in your life. Call The Mace Firm to schedule a consultation.

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You may believe that older drivers pose a greater risk to their grandchildren when driving as opposed to driving with their younger parents. Recent studies have revealed that it is actually safer for children to be in the car with their grandparents instead of their parents. That’s the surprising conclusion of research published today in the journal Pediatrics. The research found that children involved in car crashes with grandparent drivers had half the risk of being injured as kids riding with their parents. Grandparents made up 9.5% of drivers in crashes involving kids between 2003 and 2007, but they were only associated with 6.6% of injuries. In addition, grandparents were just as safe as parents when it came to crash type and severity.

Statistics have shown that only about .7% of kids riding with grandparents were hurt, compared with 1.05% of kids riding with parents, a reduction of risk of about 33%. That rose to 50% when factors such as age, seatbelt and carseat use and crash characteristics were considered. Although these findings are positive, accidents can happen no matter who is behind the wheel of the vehice. If you or someone close to you is injured in a car crash, you may need to consult with a good personal injury lawyer in your area.

Some parents can't even make good choices behind the wheel. For instance, a New York mother trusted her sister-in-law with her three daughters when they went on a camping trip. On their way home from the trip, the sister-in-law turned onto a highway going the wrong way, killing all people involved in the accident except a 5-year-old boy. The woman was drunk and high on marijuana at the time of the accident. The New York mother felt confident that her children would be safe that weekend, but instead she lost all three of her daughters because their aunt made a bad decision to drive under the influence.

Generally, more people are on the road during the summer months, which makes the chance of being involved in a car crash increase. Not only are more families driving to their vacation destinations, but more people are going out to bars or going to outdoor parties at their friend's houses. Most of these summer activities involve the consumption of alcohol. Some party-goers choose to indulge in alcoholic beverages and then drive to their next destination, whether it be another party or bar, or their home. This is when danger comes into play.

There are many driving under the influence arrests reported every day. But the DUI cases that involve the injury or death of another person are the ones that are very serious. Some drunk drivers who survive a car accident don't even become aware of the fact that they have killed someone until they are taken to jail and told by the arresting officers. Even worse, some people who drive under the influence kill everyone involved in the crash, including themselves. If you or your family has lost a loved one due to a DUI car crash, you will need to consult with a good personal injury lawyer to help you through such a difficult time.

Our Myrtle Beach wrongful death lawyer is ready to speak with you about your case. Call The Mace Firm for a free consultation.

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A Russian ship carrying over 180 people sunk into the Volga River on Sunday. The ship was only 8 minutes into its journey when it started to go under. Russian authorities indicated that the ship wasn't even cleared to carry passengers. The ship also reportedly had a defective engine. Even more shocking, the shipowner did not acquire a license for the voyage. Rescuers continue to search for survivors and over 50 people have been confirmed dead, including children. Many more bodies are still trapped under water inside the vessel. All facts considered, there may be a possible wrongful death suit related to this accident.

Since the shipowner did not have proper documentation to go on this voyage, he or the company who employs him may end up being sued by passengers who were injured or survivors who lost loved ones when the ship sank. The passengers will need to consult with a good wrongful death lawyer or a personal injury lawyer.

This boat accident would not have happend if the safety rules had been followed. This vessel was not in good enough condition to be on the water. It was even leaning to one side when it took off. In addition to that, the boat's maximum capacity is only 140 people, which is a lot less than the amount of passengers it had on board when it went under.

If you or someone you know is injured on a cruise ship, please call one of the experienced personal injury lawyers at The Mace Firm for a free consultation.

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Last night, Shannon Stone and his son decided to attend the Texas Rangers game in Arlington, Texas. A player from the opposing team hit a foul ball, which ricocheted into left field. Rangers all star, Josh Hamilton, then proceeded to toss the foul ball up into the stands, as most players tend to do when a batter hits a foul ball. Stone was reportedly trying to catch the ball when he fell head-first between the seats and a 14-foot high outfield wall.

Stone was conscious when medics came to help him. He even told them to check on his son who was still in the stands by himself. Stone later went into full arrest while he was being transported to the hospital. He was reported dead less than an hour after he fell. Stone's family may need to consult with a wrongful death lawyer to help them get through this tragic occurrence.

This is not the first death at a baseball game this season. This year in May at a Colorado Rockies game, a 27 year old man fell after attempting to slide down a railing. He lost his balance and fell 20 feet to his death. It is unclear whether his family retained a wrongful death attorney following his death.

If you or someone you know is injured at a baseball game or any other sporting event, call a good personal injury lawyer or wrongful death lawyer at The Mace Firm for a free consultation.

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A boating accident occurs when 1) a boat passenger dies or is seriosly injured, 2) a boat passenger disappears and death or injury is suspected, or 3) a boat causes or sustains damage. A boating accident doesn't necessarily mean a collision occured.

There are several factors that can cause a boating accident. Over 30% of boating accidents are caused by drivers who are under the influence of alcohol. Boating under the influence is a serious offense which all states have criminalized. Severe weather is also a threat to boaters. A third risk is the fact that boats emit carbon monoxide, which can be very harmful to boaters if they are exposed to a lot of the gas. Another factor that contributes to boating accidents is when inexperienced boat drivers are on the water.

If you cause a boating accident, you may be held responsible for the victim's property damage, medical expenses or other loses. If the victim of the boating accident does sue you, it will benefit you to have a consultation with an experienced civil attorney. Call one of the South Carolina civil lawyers at The Mace Firm for a free consultation.

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Most people will agree that when parents separate and kids are in the picture, it is fair and best for the parents to share their time by agreeing to a joint custody arrangement (also called shared custody). Both parents are equally active in their child’s life and activities, and they are able to co-parent as a team.

It is the co-parenting part that is the hardest for many parents. For some, it is impossible. At least it is at first, when emotions are raw and egos bruised. Believe it or not, there are parents out there who can put themselves aside and truly master this skill of the co-parent. These are often the product of a collaborative divorce, in which each parent chooses to take the high road out of a relationship and focus their attention on the one thing they did right together – their child.

The interesting thing about the family court in South Carolina is that Judges do not grant joint custody. Joint custody is a decision and agreement made by two parents. If you are in a custody battle and standing before a Judge for a decision, you are not going to hear joint custody because you and the other parent are clearly not capable of that sort of co-parenting. And that’s okay, not every parent should be a primary parent. Not every parent should even be a parent. I’m referring to cases of child abuse, neglect, alcoholism, drug abuse, and other such instances when one parent does not meet the fitness standards required to care for another human being. Assuming you are not one of those people (and neither is the other parent), you may be an excellent candidate for joint custody co-parenting.

Joint custody arrangements are almost always negotiated through mediation. Mediation, also known as Alternative Dispute Resolution (ADR), is an excellent way of keeping your case out of the courtroom and coming to an amicable resolution. Horry County, South Carolina is a Mandatory Mediation County, meaning that every single contested family law matter must submit to mediation before it can be resolved. Your attorney might recommend a Mediator or the Court will appoint one to your case. Mediators are attorneys with special training to take an unbiased and experienced approach to resolving your family’s dispute. Mediation can be exhausting and difficult, but if it is successful, it will save you and your family the emotional and financial expense that results from a contested custody trial.

If you are unable to resolve your case through mediation and your case is set for trial you should be prepared that you may not be entirely pleased with your results. Sadly, no one really wins in family court. The precision and control that you and the other parent may have had to craft a suitable agreement in mediation is now in the hands of a Judge and custody will be determined as will visitation. Be prepared that no matter how much you may dislike your former partner, they will almost undoubtedly be granted visitation.

If you are seeking a family court win and want a family attorney in Myrtle Beach who is both compassionate and capable of getting the best results for your family, please call The Mace Firm today.

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