April 12, 2022

Who Must Pay Child Support?

When a child is born, the law goes to significant lengths in order to preserve its right to be financially supported by both of its parents. Of course, there are instances in which some parents are not held to such standards, but these instances are rare. For example, if a parent surrenders his or her legal rights to a child, that parent may not be required to pay child support. Or if a parent is imprisoned for an extreme amount of time and he or she is not granted an opportunity to earn any income with which to support an affected child, an exception may be made. The same kind of exception may apply to terminally ill or severely injured parents who can no longer earn a living.

Parents are generally only excluded from their duty to support their children under extreme circumstances. If a parent’s living situation does not meet this extraordinary threshold, he or she must generally provide financial support for his or her children regardless of marital status, education level, or temporary hardships. And while both married and unmarried couples who share biological or adopted children are not generally required to pay formal child support payments to each other as long as they live under the same roof, both unmarried and married couples who are no longer together will generally be required to abide by a legal child support order.

If you have questions about whether your child is entitled to support or you are required to pay for support, please do not hesitate to reach out to a family lawyer Colorado residents trust. The experienced Colorado family law firm of Zweig Law, PC would be happy to advise you of your legal options and obligations after learning about the specifics of your situation. It is, after all, better to be safe than sorry when it comes to potential legal mandates.

Who Must Pay Support?

It does not generally matter if you are divorced, legally separated, or have never been married – if you have a biological or adopted child and you are no longer romantically involved with that child’s other parent, you are likely either entitled to receive a child support or are required to pay child support. Most judges will award child support to the parent who houses the shared child more than 50 percent of the time. However, if one parent makes substantially more money than the other, support will be awarded in such a way that the child has the best chance of having a relatively equalized living situation in each household.

The specifics of how child support is awarded (to whom, how much, for how long) varies depending on the circumstance. Judges often calculate awards within certain limits as set by law. But judges are also often given latitude to make exceptions when appropriate. It is also worth noting that child support awards may be modified by the court if a parent or child’s needs or circumstances change significantly. You can ask our Colorado family law firm whether a modification makes sense in your situation if you’re already paying or receiving child support.

April 12, 2022

Divorce Tips

Divorce is one of the most difficult things you can experience in your life. You’re seeing your family break apart and may wonder what’s in store for the future. Even though divorce will never be a walk in the park, you can take certain steps to make the process a little less painful. Here are a few tips a family law lawyer in Colorado at Zweig Law, P.C. suggests to follow.

Cut Down Your Spending

It’s no secret the divorce can get expensive. In addition to paying your family law lawyer in Colorado, you also have to pay for extra gas to get to your appointments and miss work for court hearings. That’s why it’s more important than ever to cut down on your spending. Look at what you currently spend money on and figure out what you can realistically cut out. For example, if you dine out a couple times a week, consider cooking at home more.

Be Civil With Your Ex

If you and your ex ended things on bad terms, you might feel anger and resentment toward him or her. However, that doesn’t mean you should yell or scream at your ex every time you communicate with him or her. Doing this will make the situation even more stressful. Do your best to remain civil with your ex. If you’re feeling particularly angry with your ex one day, your family law lawyer in Colorado may recommend calling them after you’ve calmed down.

Take Good Care of Yourself

When you’re going through something as difficult as a divorce, it’s easy to get consumed with it. However, it’s still important to take proper care of yourself. Eat a healthy diet, exercise regularly and get plenty of sleep. When you’re feeling overwhelmed, don’t hesitate to reach out to a close family member or friend.

Hire a Lawyer

The divorce process involves many complexities, so it’s important to have someone with knowledge and experience on your side. A family lawyer Colorado residents trust can help you fill out the paperwork in a timely manner, look out for your best interests and improve your chances of getting a favorable settlement.

Don’t Put Your Children in the Middle

Divorce can be especially tough on children. It’s important to look out for your children during this difficult time and avoid putting them in the middle. You should never talk poorly about your ex in front of your kids, no matter how angry you are at him or her. Doing so will just make them feel more uncomfortable.

Talk to a Therapist

If you’re struggling to come to terms with your divorce, a family law lawyer in Colorado may advise you to speak to a professional therapist. You will have a safe place to talk about your emotions and receive expert guidance.

If you’re getting a divorce, consult a family law lawyer in Colorado.

April 12, 2022

Colorado Divorce Process with a Child

Depending upon the circumstances of the divorce case, your family lawyer in Colorado should be able to outline what a Colorado divorce involving a child or children between you and your spouse is going to be like. And they will also be able to tell you that if you have not been married for long, you do not own a lot of property and have no children in the process is going to be shorter.

However, if you have been married for a long time, you have a lot of property, and you have children under 18 a family lawyer in Colorado such as the ones available Zweig Law, PC is going to tell you that the process is going to be a lengthy process and it will take time.

So what steps do you take for a divorce when you have a child in Colorado? But the great question is your lawyers are going to be able to help you with that. Your family lawyer in Colorado is going to be able to tell you about the requirements required to be filed before filing for divorce, and in Colorado, they require the petitioner to state that the marriage is irretrievably broken, and to file for divorce in Colorado either spouse must be a resident of the state for 91 days prior to filing.

Sometimes spouses can file a joint petition, oftentimes this means that both spouses are in agreement that the marriage needs to be annulled, and they start the 91 day waiting period together before the court can officially enter the divorce decree. Filing jointly does not mean that all aspects of the divorce are agreed upon but it does mean that the parties are asking the court to dissolve their marriage jointly; whereas if one spouse files and the other does not, there might be time limitations that are not being met because the other spouse who is not involved in filing is dragging their feet and not signing the paperwork. If you are in that instance, you have to file a petition for dissolution on your own and serve the other side using a process server such as your lawyer.

If the divorce is contested, your family lawyer in Colorado is going to be able to tell you that this means that there is something that is not being agreed upon, which can make the process take several months or up to a year to complete.

No matter how you file, especially if you agree on major issues such as property division, child custody, child or and maintenance of spouse you can then go on and create a settlement agreement and parenting plan that involves your children and these can be given to the court as your ideal childcare plan. However, your family lawyer in Colorado will tell you that the court is going to retain jurisdiction over all child-related issues and has to ensure that the parenting plan given to them is in the child’s best interest and not the parent’s.

April 12, 2022

Who Pays Child Support?

Zweig Law, PC is run by a dynamic duo of prestigious, highly decorated family lawyers in Colorado. Maryjo Zweig has been a practicing trial lawyer for more than a quarter of a century. She’s litigated cases at the state and federal level. Steven Zweig has practiced in law for almost thirty years and doesn’t plan to stop anytime soon. Whenever you’re choosing a family lawyer to represent you, you’ll want lawyers who are seasoned and reputable. We offer a free case review in less than 24 hours. That’s how important your circumstance is to us. You may fill out an intake form here or call us at 970-986-6460.

Who Pays Child Support?

In Colorado, the non-custodial parent pays child support. Contrary to popular belief, more courts are awarding fathers primary or sole custody these days, so it’s sometimes the mother who must pay child support to the father. How is the child support amount decided? Take 20% the combined gross income of you and your ex-spouse. That’s what a court will have you pay in financial aid each month. After the 20% for the first child, an additional 10% of your combined gross income is added for each additional child. Thus, if your ex has primary custody of your three children, you’ll pay 40% of your combined gross income each month. 

Bear in mind that this amount can change depending on whether any of your children have special needs or other factors apply. 

Can My Ex-Spouse And I Agree To Waive Child Support?

When spouses divorce in Colorado, it becomes automatic and mandatory that one spouse pays child support. Child support has been mandatory for divorcing parents for decades because courts feared that the non-custodial parent would forgo all financial responsibility. Unfortunately, there are several reasons why the non-custodial parent doesn’t want or refuses to pay child support, such as spite or never having wanted the divorce in the first place. Sometimes, the thought process is that you two may reunite if you make the separation difficult. 

But not all lack of child support payments stems from malicious reasons. Sometimes, neither parent believes child support is necessary. For example, if both of you are gainfully employed and you both agree that each of you can be trusted to be active parents in all aspects, you may find child support to be burdensome. After all, even very involved parents can find the amount they pay in monthly financial aid to be taxing. Thus, you and your ex may agree that neither of you will ask for child support during the divorce. Will the judge go for it?

No. As previously stated, child support is automatic and mandatory whenever a couple divorces. If you two had never married, however, child support would only be activated once one parent files for it. Child support is the right of children, not their parents. Because it is a right and not a privilege, you and your ex-spouse cannot agree to waive this right of your offspring.

March 19, 2022

Tips For Picking the Right Wrongful Death Lawyer For You 

Wrongful Death LawyerWrongful Death Lawyer

Losing a loved one is difficult enough, but when you decide to seek financial compensation it can be hard to know if you have the right lawyer for you or not. Taking the case to trial without an experienced, wrongful death lawyer will only make the process more complicated. But how do you know that the lawyer you chose is the right one for you were not? 

We’ve cultivated is a list of useful tips to help you find the right wrongful death lawyer for you. With these tips, you can find a professional and experienced lawyer who can help you with your case so you don’t have to go out alone.

  • Case Experience 

There are many forms of what a wrongful death can look. When you start searching for a wrongful death lawyer, is important to check their experience cases similar to yours. You need to look for a wrongful death lawyer who specializes in cases like yours. This means you need to ask how long they’ve worked as a lawyer and then ask alone they specialize in wrongful death cases.

.You going to want someone who is up-to-date with the latest laws and procedures regarding a wrongful death suit. This means choosing a lawyer who not only specializes in a case like yours but is also up-to-date can bring you some peace of mind that your case is in good hands.

  • Wins and Losses 

Once you know the lawyer’s experience, you need to review their track record. Ask him how many wrongful death claims they have won over the last few years and consider how many cases they’ve been able to settle out of court. Their track record is going to be able to tell you if they have the experience and expertise to handle a case like yours.

You should also make a note about how many cases they have settled out of court. Some lawyers don’t have the trial experience to take anything to trial. This means they often settle the case as quickly as possible and you won’t get the compensation you deserve.

  • Testimonials 

 Just like when you go to buy a new product going to want to check the reviews to see if it’s good or not. The same thing is going to apply when you start looking for a lawyer to handle your case. You should ask your lawyer if they can provide any references from previous clients or other connections. If they can’t do this, then it is likely they don’t have good reviews and you should find a new lawyer. Another great way to check is to look online as often you will find an unbiased answer from previous clients there.

We know that finding a wrongful death lawyer might not be high on your list, but reaching out to a team like our friends at Saavedra Law Firm, PLC, is a good step in getting the compensation you deserve. 

March 7, 2022

Despite The Benefits of Bicycling, Riders Must Remain Diligent

Despite The Benefits of Bicycling, Riders Must Remain Diligent

Bicycling can be a wonderful way to get around while taking care of your health and the environment. But unfortunately, because car drivers and cyclists share the road, serious and potentially deadly accidents can ensue. If you or someone you care about gets on a bike on a regular basis, or even just for a leisurely ride once in a while, be sure to consider these diligent tips:

Wear a Helmet and Gear

Everyone must wear a helmet when riding a bike. It isn’t required by law for all states, but it can prevent severe injury or even death if an accident were to happen. Wearing brightly colored gear with fluorescence can make you more visible to drivers. If you don’t appeal to colorful gear, consider adding reflective tape to the bike itself, your helmet, or arm/ankle bands. 

Use Hand Signals and Senses

Learn proper hand bike signals for turning, changing lanes, or braking. Not every driver will know what the hand signals mean, but seeing you use them will let them know you are about to make a move and to give you space to do so. Do not wear headphones or engage in behavior that distracts your attention. All your senses should be utilized so that you have enough time to react if danger were to suddenly present itself. 

Keep Bike Maintained and Equipped

Bikes must be maintained and routinely examined. Worn-out or broken bike parts should be replaced before going back out for a ride. If you cycle in the evening or nighttime, you may want to install bike lights on the front and rear. Blinking lights are a great way to make your presence quickly known on the roadway.

As our personal injury lawyer friends from Martin Wren, P.C. can attest, even if cyclists take precautions to keep themselves safe, a careless driver may cause an accident anyway. Always put your safety first and consider the tips provided before your next ride to reduce the likelihood of a crash. 

March 1, 2022

Is Abuse Common in Nursing Homes?

Nursing Home Abuse Lawyer

According to the National Council on Aging, each year, as many as 5,000,000 million older Americans suffer at least one form of elder abuse. Many—if not most—of these incidents of abuse take place in nursing homes and long-term care facilities. Tragically, the Covid-19 pandemic led to a staffing shortage at these already overburdened facilities, which is likely to lead to even more abuse and neglect of residents for some time to come. Statistically speaking, if you have concerns that a loved one who resides in one of these facilities is suffering from one or more kinds of abuse, the chances are solid that you are correct.

Abuse and Neglect – The Basics

Nursing home abuse manifests primarily in five different ways: physical abuse, sexual abuse, neglect, exploitation, and emotional abuse. Any given resident may be affected by one or more of these forms of abuse. Frustratingly, it can be difficult to spot the signs of abuse and neglect, as many signs of mistreatment could reasonably be attributed to other causes. This is one of the many reasons why it is important for the loved ones of vulnerable residents to speak with an attorney about their concerns, even if their concerns cannot yet be verified. As an experienced nursing home abuse lawyer – including those who practice at Davis & Brusca, LLC – can confirm, attorneys skilled in this area of law have a solid understanding of how to uncover the truth of a resident’s situation without raising alarm bells unnecessarily and/or placing the resident in question at greater risk of danger than ever.

Spotting Abuse and Neglect in Nursing Home Residents

It is worth repeating that many of the signs that point to abuse and neglect may be reasonably attributed to other causes. For example, your loved one’s sudden weight loss may be the result of an ulcer, not mistreatment. With that said, it is important to know what the common signs of neglect and abuse are so that you know when to be concerned, when to seek clarity as to their causes, and when it may be in your loved one’s best interests for you to speak confidentially with an attorney about your suspicions.

Common signs of abuse and neglect include (but are not limited to): bruising and other signs of physical trauma, dehydration, malnutrition, a significant change in behaviors and/or socialization, a lack of hygiene, isolation, rashes, repeated infection of reproductive tissue, and odd activity on social media, email, and/or financial accounts.

February 28, 2022

Dog Bite Laws: The One Bite Rule

Dog Bite Lawyer

No matter whether you are the owner of a dog in Texas or you are considering filing a claim against someone who owns a dog that has bit you, you’re probably going to want to talk to a dog bite lawyer such as the ones available at John K Zaid & Associates in the event of an accident involving your dog. But just in case you’re worried about the dog bite law, you should fully understand if you’re going to own a dog in Texas. You should know the law and that’s what we’re here to help you with.

The One Bite Rule

Many states have a civil statute that is going to specifically lay out what the dog owner is going to be liable for damages and how if their pet causes them. However, Texas does not follow that civil statute that many states have adopted, instead Texas follows the one bite rule.

The history of the one bite rule is that in 1974 the Supreme Court ruled on a case called Marshall v Ranne, Ranne’s hog viciously attacked and injured his neighbor, and the jury ruled that Marshall was indeed contributing to the negligence of the incident because he voluntarily assumed the risk of meeting the pig.

This was the ruling that would lead to the one bite rule being applied to dog bite, and this is a very oversimplified idea of a rule that applies to dog owners. Essentially the dog’s first bite is going to be free of liability, however after the first bite then the dog owner is considered to be on notice for the tendency for his dog to bite as this first bite was free and is considered the animal giving warning that has a tendency to be aggressive. The owner of the dog should then use facts to understand what went wrong in the event their dog bit somebody, and they should avoid events like that again by advocating for the dog.

So if your dog has bitten somebody in the past and you do nothing about it and it might bite somebody again, you are going to be more likely to be considered negligent the next time it bites someone. So civil liability could also be said to be based on negligence when it comes to dog owners, and often when somebody is filing a dog bite claim with the dog bite lawyer in Houston TX, they must be able to prove that the dog’s owner knew the dog was acting aggressively and had been somewhat in the past or the dog’s owner was absolutely negligent to use reasonable care to control the dog.

The dog owner liability rule was going to apply to bites and other injuries that are caused by your animal, so even if you’re very large dog knocks a small child down and they break a bone, they can bring forth a personal lawsuit against the dog’s owner, however the injured person will have to show that the dog’s owner should have known or had reasonable cause to know that the dog was going to harm someone in some way.

February 28, 2022

When Delayed Diagnosis Causes Harm

Medical Malpractice Attorney

If you started experiencing symptoms, went to the doctor, and was told that there was nothing to worry about—only to discover later that something was, indeed, wrong—you may have grounds upon which to file legal action. Medicine is a complex science. It is not always apparent when something is amiss with a person’s physical and/or mental wellbeing. However, there are standards in place that help to ensure that when a diagnosis can be reasonably determined, patients are notified so that they can make informed decisions about their care options.

If your delayed diagnosis was the result of substandard care provided by an individual practitioner or by a medical facility in general, you may be able to hold them legally and financially accountable for any harm that has resulted from that delay in diagnosis. As an experienced medical malpractice attorney – including those who practice at David & Philpot, P.L. – it can be hard for a patient to know whether their situation meets the legal criteria necessary for a successful legal action. That’s okay. You don’t need to know for sure whether your delayed diagnosis rises to the level of “medical negligence” or “medical malpractice” in order to explore your legal options.

Preparing for a Delayed Diagnosis Legal Consultation

If you believe that you may have a cause for legal action against a medical provider, scheduling a risk-free consultation with a lawyer whose practice focuses—at least in-part—on medical malpractice cases is a good idea. The consultation process will allow you to ask an experienced attorney any questions that you may have about your situation and will allow you to voice your concerns. Once a lawyer understands the nature of your medical circumstances, they will be able to provide you with personalized and objective legal guidance. At that point, you’ll be able to make whatever informed decisions best fit your situation. Consulting with an attorney doesn’t obligate you to take legal action or to hire that lawyer. A risk-free consultation is just that; a consultation opportunity with no strings attached.

In advance of your consultation, gather any relevant medical documentation that could help the attorney with whom you’re meeting better understand your situation. Additionally, it can be helpful to both create a list of questions in advance and to write down a rough timeline of when all major events related to your case transpired.

February 22, 2022

Keeping Child Custody Disputes Amicable

If you and your child’s other parent are divorcing, legally separating, or otherwise navigating a romantic split, it is important to be proactive when navigating changes to your co-parenting relationship. If you both plan on remaining active and involved parents, splitting custody and/or parenting time in some way, the courts will likely insist that you construct a parenting agreement. Also known as a “parenting plan,” this agreement will govern the expectations for how your co-parenting relationship will function. This document is legally enforceable, so it is important to treat the process of drafting it with the utmost care.

Workable Parenting Plan Strategies

If you and your co-parent hope to keep your child custody situation amicable—both while drafting your child custody and parenting arrangements and moving forward into the future—it is important to construct your parenting plan with this goal in mind. Generally speaking, you’ll want to be as flexible as you can while setting critical expectations and boundaries that will allow your child to thrive. As an experienced family lawyer – including those who practice at The Law Office of Daniel J. Wright – can confirm, parents too often either construct their parenting plans in ways that are far too rigid or far too flexible. Either extreme can lead to otherwise preventable tensions.

For example, noting the days upon which the affected child will reside with each parent will allow each family member to plan ahead and to know what to expect from the schedule as a whole. Clocking parenting time down to the minute, on the other hand, doesn’t allow for enough flexibility for “life to happen.” Conversely, leaving scheduling decisions open or leaving them up to the child is so flexible that reasonable planning and consistency of routine can’t be established.

To keep your co-parenting arrangements as healthy and amicable as possible, you’ll want to structure your parenting plan provisions in ways that meet your child’s best interests while neither being too flexible nor too rigid. You may also want to outline how often you and your co-parent will be expected to communicate with each other about your child’s evolving needs and by which method(s) of communication you will engage. Some co-parents are able to be much more civil to each other if they communicate primarily via email. Others don’t do well with written communication and decide that brief telephone calls on a certain day of the week work better. Whatever you choose, make sure that your parenting plan provisions fit the needs of your unique family, not anyone else’s.