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Tuesday, November 30, 2010

Paternity Cases Increasing for Fathers

Paternity cases happen when there is a question as to whom the father is or if a child really belongs to a particular man. They can be started by either the man or the woman, and happen for various reasons, often to do with the supposed father paying child support for the child in question. Here is a quick overview of some paternity case basics.

  • Paperwork is usually served to the father. This can be started by the mother or the state. The goal: to establish the man as the father.
  • In some cases, the mother will be served the paperwork when the case is initiated by the father.
  • If you are pursuing a paternity case as part of your rights as a father, your goal is a full set of parental rights.
  • There are basically three types of paternity suits:
  • Mother Against Father
  • State Against Father
  • Father Files the Case
  • When the father is pursuing the case the mother, usually her attorney and the state must be served.
  • The state is usually only concerned about visitation rights if state assistance is provided.
  • An affidavit has to be filed proving the paperwork was served.
  • The person being served has a certain time frame in which to file a response.
  • Unwed fathers are typically not treated well by the state in paternity and visitation cases.
  • DNA testing, while usually done, is not necessarily required.
  • Don't plan on using the "one night stand" argument to get out of child support. It won't work.
  • Parenting evaluations are almost always done.
  • Social Services are often not about the child but the mom. Not good for dad.
  • If child support is involved, the state usually is as well.
  • Custody usually goes to the mom no matter what is "best" for the child

Thursday, November 25, 2010

Checklist for Hiring a Personal Injury Lawyer

1. Personal Injury Lawyers - Areas of Expertise

Personal Injury Lawyers operate in a specific area of the law. They independently advise and represent clients from the beginning of the claims process through to the final verdict. There are various types of claim that fall under the remit of Personal Injury Lawyers. Some of these include:

* Road Traffic Accidents that result in bodily injuries e.g. whiplash
* Industrial Related Illnesses such as exposure to asbestos, chemical accidents and white finger caused by vibrations
* Accidents/Illnesses caused in the Workplace including Slips & Trips, RSI or those sustained "on-site" in the construction industry
* Accidents resulting in serious injury, such as back injuries
* Medical Negligence

In general, when an injury has been sustained as a result of someone else's actions or negligence, then a Personal Injury Lawyer will be able to help qualify a claim.

2. How to Find an Injury Lawyer

When hiring a Personal Injury Lawyer it is important to ascertain that they have experience in the type of claim that is being pursued and are based locally.

There are a number of legal firms who specialize in the Personal Injury sector. Reputable firms who specialize in any given sector, who are also local to the claimant can be sourced from an injury claims specialist, or claims management company. These companies can quickly clarify the potential of the claim in terms of whether it meets lawful criteria and is thus worthy of pursuit. Many of these specialists operate on a 'No Win No Fee' or 'Conditional Fee Arrangement' basis. If for some reason a claim doesn't fall under this criteria it can still potentially be pursued through other channels.

An alternative to using a claims management company would be to independently research qualified and experienced lawyers in the claimant's local area. This can be carried out on-line or by contacting other independent bodies for help and guidance such as the Citizens Advice Bureau.


Saturday, November 20, 2010

An Attorney for Paternity

If you are involved in a divorce case in the Bronx, then things are probably going to be complex. There's just not any really easy method to dissolve a marriage, particularly when there are children involved. In a paternity case, an effective paternity attorney in truth makes all the difference. Generally people know the stereotype that women generally fare better in custody cases, on the other hand this is not always the truth. An effective lawyer who has knowledge about paternity cases in the Bronx will definitely make certain you get the best result achievable in a stressful circumstance.

Regardless who says to you that you can take on a paternity case in the Bronx with no lawyer, do not listen. The law is intricate, and custody cases usually are much more so. This is not the time to go at it on your own. You need an experienced legal professional that knows the laws and regulations and regulations in the Bronx which are related to your paternity case. Your lawyer can ascertain which statutes and regulations may apply to your circumstances, along with those that don't. He can explain just how to present yourself, and in what way to achieve the most positive conclusion achievable.

Having a good lawyer is especially important in a paternity case in the Bronx. Any time there are custody issues involved, few things are simple. Without a lawyer or attorney you could end up receiving a visitation arrangement that simply leaves you with hardly any time with your children. Your ex-wife may attempt to say that you should not see your kids at all, or that she should have sole custody when you would like for it to be a joint agreement. For this reason you should have the right lawyer. He or she will help to make certain that your visitation agreement is fair and that you will get to spend significant amounts of time with your kids.


Sunday, November 14, 2010

How Bankruptcy Attorneys Help You

Bankruptcy attorney's find themselves with more clients then normal with, today's economic conditions and the recession. A lot of people are filing for bankruptcy as it seems to be the only way out for some people who cannot afford to make anymore payments. However, bankruptcy is something that will affect your life for a long time and an issue that you should take very seriously. It is also something that you should not consider doing without the help of an expert bankruptcy attorney. They have done this many times before and can really guide you through some key things to consider and do when filing for bankruptcy. There are several different things that a bankruptcy attorney can help you with.

Help you decide if you are a candidate for bankruptcy - Since these attorneys have a lot of experience in this field. They can help you decide whether or not this is even the right decision for you. By looking through your finances, debts and income, he or she will be able to let you know whether or not you can get out of the situation you are in without destroying your credit. Many bankruptcy attorneys will do a free evaluation for you to see if you are a candidate.

Help you decide which type of bankruptcy to file for - There are two types of personal bankruptcy: Chapter 7 and Chapter 13. There are slight differences between the two. However, there are distinct differences between the two. It is important that you are filing for the right one. Having a bankruptcy attorney can make this easier and assure you that you are doing what is in your best interest here.


Saturday, November 6, 2010

Benefits and Disadvantages of Chapter 13 Bankruptcy

Individuals who are willing to pay their debts within 3-5 years qualify for the Chapter 13 bankruptcy. This chapter is crucial as it is helpful for individuals that want to retain some or all of their assets. This form of bankruptcy in some cases offers a better solution over the conventional form of bankruptcy as listed out by the Chapter 7 bankruptcy. The Chapter 7 bankruptcy can sometimes strip the debtor of his assets. This bankruptcy can be declared by individuals who have a limited regular income and can show ability to pay back a portion of their debts over time.

Understanding the negative aspects of this type of bankruptcy will explain the flexibility of the Chapter 13 bankruptcy. It is seen that a person who has filed for this form of bankruptcy would see it on their credit reports for a period of 7 years. Furthermore, it will be difficult to borrow large sums of money in the following years, as most of the creditors will question the worthiness of repayment of the debts. Besides this, one of the most persistent issues that surround the Chapter 13 bankruptcy is that it puts a filer on a strict and restricted budget thus, cutting off any unusual expenses that a person may have interest in. The Chapter 13 bankruptcy also does not include all debts under its influence, which means that a person with a variant case cannot file for this bankruptcy. Although, Chapter 13 is a feasible solution for filing bankruptcy, it should be understood that it limits the debt amount that a debtor can discharge.

On the contrary, this form also has its benefits in that it avoids the foreclosure of homes, as well as protection of the co-signers come under this chapter. Besides this, a debtor can still have their non-exempt as well as the exempt properties. The payment terms of most of the debts can get extended as per the rules under this bankruptcy form. Given these benefits, the Chapter 13 bankruptcy does seem to have its plus points that can be made use of judiciously.


Tuesday, November 2, 2010

The Cost of Chapter 13 Bankruptcy

The main factor that decides the cost for filing for chapter 13 bankruptcy is the complexity of individual's financial situation. Apart from the court fees it's very difficult to calculate the total cost as it will mainly depend on attorney's fees.

However, to consider the total cost one has to calculate, there are basically two types of cost that one has to incur in filing for bankruptcy.

1.The fees for filing for bankruptcy: the cost to file for bankruptcy is not very high. At present, the filing fee is about $274. This covers all the administrative as well as filing fees that are used in chapter 13 proceedings.

2.The fees to be paid to attorney: this is the main fee to be considered by a debtor while filing for the chapter 13 bankruptcies. Mainly you will find that Bankruptcy attorneys charge on per-hour basis, the hourly rate will depend on rate prevailing in your state or area and your power to negotiate. The attorneys who take up bankruptcy cases generally charge an upfront fee that is called as retainer. They charge this to begin the case. These retainer ranges from five hundred dollar to a thousand dollar sometimes higher depending on the individual economic status and his power to negotiate.