Daily Archives April 16, 2015

Child Support Enforcement and Federal Criminal Law

Child Support Enforcement and Federal Criminal Law

by: Jean Mahserjian

Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about “deadbeat parents” (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.
Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver’s or professional license, and more.
In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.
Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.
The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state...

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Lying: Yes or No?

Lying: Yes or No?

by: Jeffrey Broobin

What about little white lies? What about when your partner asks you if this dress makes her look fat. What do you think? Is it OK to lie to a person we care about for a kind reason, like to make him feel better and more secure, or to avoid a fight. As long as our heart is in the right place, even experts say that honesty isn’t always required. You don’t have to tell the whole truth if it will hurt your partner or if it’s something he can’t change. ”
At the same time, not all lies are harmless — even little white ones — and some untruths can tear apart a relationship by damaging intimacy and trust. The worst kinds of lies result from trying to change who we really are or to minimize a serious problem in a relationship.
Following are some lies that can hurt your relationship.
“You deserved that promotion.”
Your significant other is upset because he has just been passed over for a raise — again. You’re trying to cheer him up. This is not a good lie because chances are that your partner wants your emotional support rather than your opinion of his job skills and performance. When you focus on his not getting the promotion instead of his feelings, you are saying that can’t stand to see him down or deal with him being depressed. The better answer would be something like “I’m sorry. I know how bad you must feel.”
“You think I was flirting with Stan! Don’t be silly!”
Stan a good-looking colleague with whom you regularly do flirt. Your partner happened to catch one of these interactions — and didn’t like what he saw. You actually do flirt with Bob, but you know your exchanges don’t mean anything, so they’re not worth discussing. Still, if your partner brought this up, he must be feeling jealous or insecure...

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DUI Law Information

DUI Law Information

by: DUI Information Association

If you’ve been pulled over and accused of a drunk driving offense, or more commonly referred to as a DUI or DWI, then you probably have a lot of questions. You are probably scared, confused, and a little angry if you didn’t feel you deserved it.
Regardless of the circumstances surrounding your incident you need to take immediate action to protect yourself, your freedom, and most importantly your driver’s license. You should consult with an attorney who specializes in DUI defense immediately. If you cannot afford to retain an attorney then consider meeting with one during a free consultation to get as much free help as possible. Here are some things you should consider:
1. Contact DMV and request a hearing within the specified amount of time (usually between 7-10 days depending on the state) to try and save your drivers license.
2. The time limit is calculated from the issue date of the temporary driver license or order of revocation which is usually the day of your arrest.
3. If you are out of state, or hold an out of state license that state’s DMV will still take action against your license.
4. This temporary driver license (paper one the cop gave you) is valid for only a few days from the issue date unless you request a DMV hearing. If your DMV hearing is requested the motor vehicles will “stay”” your suspension and your temporary license will be extended until the hearing is complete.
5. Don’t get the DMV hearing and the court appearance confused. The outcome of one almost never affects the outcome of the other.
In the DMV hearing, the hearing officer will decide on certain issues like whether the police officer had a legal reason to stop you; whether the police officer had a legal reason to arrest you; a...

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The New Bankruptcy Law — How Will It Affect Debt

The New Bankruptcy Law — How Will It Affect Debt Negotiation?

by: Charles Phelan

In April 2005, Congress made sweeping changes in U.S. bankruptcy law that will go into effect on October 17, 2005. It’s called the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” and it means big trouble for Americans struggling with debt problems.
What effect will the new bankruptcy law have on the practice of Debt Settlement (also called Debt Negotiation)? Will creditors still be willing to negotiate with consumers seeking to avoid bankruptcy? Will lump-sum settlements for 30%, 40%, 50% still be possible now that this tough new law has been passed?
The short answer is “YES.” It will be “business as usual” in the collection industry. People that choose to file bankruptcy will definitely be affected for the worse, as I’ll outline below, but those who choose to privately negotiate their way out of debt will notice very little difference. Creditors will still negotiate. Deals will still be made. And nothing much will change in the world of collections. In fact, a viable alternative to bankruptcy will be needed more than ever.
The credit card banks lobbied with millions of dollars to get this law passed. They’ve been working at it for about a decade. Now they are celebrating. These are the folks who think the bankruptcy system has been abused by wealthy individuals, who have defrauded creditors when they could have repaid their debts.
The facts tell a different story:
1. During the period from 1995 to 2004, bankruptcy filings doubled, while in that same period, credit card industry profits TRIPLED.
2...

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Small Business Debt Collection Laws

Small Business Debt Collection Laws

by: Steve Austin

In your small business debt collection laws will eventually become important, as your debt grows and some clients do not pay. To collect small business debts legally, you must send a written notice that collections have begun, within five days of first contacting the debtor for collections. The letter must include dispute instructions.
Small Business Debt Collection Laws Forbidden Practices…

Collect any amount beyond the actual debt, unless you really can do so legally.
Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.
Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.
Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.
Deposit a post-dated check before the post-date.

Small Business Debt Collections Laws: What You Can’t Say

Give a false name.
You are an attorney or government representative, if you are not.
You have an attorney working for you or that you are going to assign the case to an attorney, if you really do not.
The debtor has committed a crime, unless you are 100% sure they have.
You work for a credit bureau, if you really do not.
The debt is more or less money than it actually is.
You are sending or have sent legal forms when you really did not.
You are sending or have sent papers that are not legal forms, if they really are legal forms.
The debtor will be arrested–no one is arrested for nonpayment of debts anymore.
You will seize, garnish, attach, or sell the debtor’s property or wages, if you do not really intend to or cannot legally do so (and unless the debt is secured with collateral, you probably cannot).
You will sue or take oth...

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