September 7, 2022
Crane Collapses on Car
Personal Injury
Disaster is always one mistake away, and it’s up to construction management to maintain a safe environment for their employees and bystanders alike. Unfortunately, it seems that safety was left by the wayside at a certain construction site in the Bronx.
During some recent construction work at the intersection of Jerome Avenue and West Bedford Park Boulevard, a crane connected to a boom truck broke off and fell onto a car that was stopped at a nearby red light. Thankfully, the driver of the vehicle only sustained minor injuries.
However, upon investigation, it was determined that the management of the construction site was in violation of several different safety codes. Officials identified that the operators of the boom failed to obtain permits for certain equipment on site, and failed to properly maintain the construction elevator, or hoist.
A construction site is dangerous enough without management cutting corners. If you’ve been injured on a construction site (or in any other workplace) you shouldn’t be afraid to hold a negligent employer accountable for your injuries. As work injury lawyers like our friends at Rispoli & Borneo, P.C. can explain, you could be owed financial compensation for your injuries.
Were You Injured on the Job?
Workplace injuries happen, whether you’re dealing with cranes or copiers. Whatever the type of job, and whatever the type of injury, you should always report your injuries and fight for some form of compensation if you’re unable to clock in for work as usual.
Workers’ compensation can be a serious help when you’re dealing with a workplace injury. It can cover your medical costs, and provide you with enough income to keep yourself and your loved ones afloat while you recover.
Unfortunately, workers’ compensation is far from the “free money” many people think it can be. In fact, workers’ comp involves lots of paperwork and back-and-forth between you, your doctors, and your employers. Fortunately, a lawyer who specializes in workers’ compensation can help you navigate the ins and outs of your claim.
Was Your Employer Negligent?
In some cases, you may deserve more than workers’ compensation – and you shouldn’t file a claim without consulting a legal professional about the alternatives. After all, when you file for workers’ comp, you’re waiving your right to sue your employer, and in some cases a lawsuit can get you enough financial compensation to keep you covered until you find work with a more responsible employer.
Employers have a responsibility to maintain a safe working environment. If they fail to do so, such as by neglecting their permitting or licensing responsibilities, they may be on the hook for your injuries when you experience an accident.
Filing a lawsuit against a negligent employer can be complicated, and it’s important to have a lawyer you can trust when it comes time to determine who was responsible for your injuries, and what you should do about it.
Don’t hesitate to get justice, compensation, and closure. Get in touch with a work injury lawyer today to learn more.
September 3, 2022
Bankruptcy Secrets Revealed
Bankruptcy Lawyer
Bankruptcy may be viewed negatively, but it’s a resource that can be used to make people’s life more manageable financially. Some people may frown upon those who need to file for bankruptcy, but at the end of the day it is the debtor’s state of being that is most important. Being constantly run down by financial problems may cause someone to seriously assess whether bankruptcy is right for them. For those who are curious, here are a few bankruptcy secrets revealed.
Most people can keep their property and belongings.
As a bankruptcy lawyer residents depend on from Therman Law Offices, LTD can attest, some bankruptcy chapters enable debtors to keep their furniture, vehicles, home, appliances, and other essentials. There are limits to what you can keep, and the rules vary by state law, but many people are under no obligation to give up any belongings or property. It is the credit industry that instills fear in us that we’ll lose our property. And while that may be true in some cases, those who file for bankruptcy may be protected from losing their tangible assets.
You don’t have to have zero money in the bank to file.
It is a common assumption that bankruptcy is only for when you run out of money completely, but that is not the case. You can be someone who is employed, has a bank account, and owns property (up to specific limits from the date you file your case). After you file, an automatic stay goes into effect. This means that creditors are no longer permitted to contact you about debts. Many debtors find this provides them immediate relief, and a chance to review their finances without added pressure from relentless debt collection agencies.
Your finances will get better sooner than you think.
The purpose of bankruptcy is to get someone out of debt, not be used as a means to get back into debt. Your credit score may be impacted, even more so if it is currently at a higher standing. And you will get a mark on your credit report for the bankruptcy. However, before you know it your credit will gain in strength and you will be receiving credit card offers again. Be sure to give yourself tools to avoid getting back into debt shortly after filing for bankruptcy. You are only able to file for bankruptcy a limited number of times throughout a set period. By using bankruptcy strategically, your finances can get better sooner than you think.
You are not alone in what you are going through.
The bankruptcy court does not contact your employer or other people who know you about the bankruptcy filing. The payroll department may be notified to stop a garnishment, but they don’t usually explain as to the reason why. While bankruptcy court cases are public record, and someone could visit the courthouse to find out, but rarely is this the case unless the debtor is under scrutiny from the public or other parties. You are not alone in needing to file for bankruptcy. There are many big companies and famous individuals who have needed this resource. Do not judge yourself, and the fact that you are even looking into options is a success in itself.
September 3, 2022
Answers To Common Divorce Concerns
At Zweig Law, PC, we know that you probably have serious questions and concerns about what divorce is going to be like. Each situation is unique based on the couple as individuals and their relationship. But to shed light on what is to come, we have answered some of our client’s most common divorce concerns. We hope that this offers clarity for those who are going through a divorce or are preparing to. If you need further assistance, don’t hesitate to contact a divorce lawyer Colorado residents trust to have your worries put at ease.
What is the first step in a divorce?
The initial step in the divorce process is officially filing for divorce. For the state of Colorado, you must state that the marriage is broken without repairability in order to get a divorce. The issue of fault is not included in the first petition. To file for divorce, one or both spouses must file divorce documents to the court, including a Financial Statement, Certificate of Compliance, Separation Agreement, Decree, Parenting Plan, Pretrial Statement, Support Order, and possibly a Child Support Worksheet.
Who gets to keep the house in the meantime?
The couple may decide that they can amicably cohabitate while the divorce is proceeding. If the house is large enough, one spouse may reside in a separate room or area. But most couples don’t want to keep living under the same roof, no matter how big the property is. It can be challenging to be at odds and enter into divorce disputes when you are still living with that person. If there is no agreement as to who should remain in the marital home, one spouse can request that they receive exclusive use and possession of that property. If the court grants this request, the other spouse is not permitted to reside at that residence any longer.
How long will it take until the divorce is final?
For the state of Colorado, at the shortest, a divorce may finalize around three months. However, this only applies to the most straightforward and simple of divorce cases, such as those that do not involve children or other matters that could prolong the proceeding. Typically, a resident of Colorado can expect to have their divorce concluded at around 6-12 months. But keep in mind, that is a general time frame and each divorce case is going to vary based on the factors of the marriage.
Why is there a difference between legal separation and divorce?
Divorce and legal separation only differ because of one element: the divorce terminates the married status, while a legal separation preserves this status as still being legally married. During legal separation, the same types of conversations will need to be had, such as terms of property division, debts, spousal support orders, child support, and child custody orders. Legal separation may be a good alternative for those who know they cannot live together anymore but are not sure whether reconciliation is possible in the future. A legal separation can easily be turned into an official divorce if needed down the road.
When does temporary spousal support go into effect?
Temporary spousal support may be ordered by the court and paid while the divorce is proceeding. Some courts adhere to a calculation when deciding how much should be paid in spousal support. This temporary support is calculated similarly to child support, where an equation is used but the court may also consider other factors and increase or decrease this amount. In some states, if the couple was married for more than a decade, the lesser-earning spouse may get support for as long as they need, permitting the other spouse has the ability to pay. When the spousal support goes into effect will vary based on what is reasonable for the transition from married life to being single and financially self-sufficient.
August 11, 2022
Applying For Social Security Disability
If you cannot work full-time due to a disability, you may be eligible for federal benefits that can help you cover your expenses. The Social Security Disability Benefits program helps to ensure that those who have paid into the program over time aren’t denied an adequate living allowance if they become suddenly disabled and are no longer able to work like they used to. Although not everyone qualifies for these benefits and the application process can be tough to navigate, it is worth your time to speak with an attorney about this opportunity if you may be eligible to collect this form of federal compensation. The strains impacting your family’s budget may be significantly reduced if you’re approved to receive SSD benefits.
Who Qualifies for Social Security Disability Benefits?
As an experienced Social Security disability lawyer – including those who practice at The Law Offices of Mark T. Hurt – can explain in greater detail, the Social Security Disability benefits program is not the only federal form of compensation made available to individuals who cannot work due to physical and/or mental disabilities. As a result, you’ll want to speak with an attorney about whether you qualify for this form of compensation specifically before applying for benefits. You may or may not be eligible for this opportunity and you may or may not be eligible for alternative forms of disability-based compensation.
To qualify for SSD benefits, you’ll need to have worked a job covered by Social Security for a specific length of time and you must be diagnosed with a condition that meets the Social Security Administration’s definition of disability. The SSA doesn’t approve SSD benefits claims lightly, so you’ll need to be able to back up your diagnosis with significant documentation.
Do You Need a Lawyer to Apply for SSD Benefits?
While you don’t technically have to hire a lawyer to assist you in navigating the SSD benefits application process, enlisting legal help proactively is strongly advised. Why? The vast majority of initial SSD benefits applications are denied. This means that most people who submit applications for SSD benefits must wade through the appeals process if they have a hope of collecting any benefits to which they are entitled. Enlisting the support and guidance of a local attorney who devotes part of their legal practice to SSD benefits cases will better place you in a position to succeed on the merits of your application the first time you submit it.
Connect with a Knowledgeable SSD Attorney to Learn More
You may be tempted to complete the SSD benefits application process to save money. This is a completely understandable instinct. However, this is not a task in which pinching pennies upfront is likely the most responsible choice. Given the extraordinary fraction of first-time applications that are rejected, working with an attorney proactively will better ensure that you receive any benefits to which you are entitled in a timely fashion.
August 5, 2022
Who Pays For College Expenses When Parents Are Divorced?
Family Lawyer
While it is not necessarily written into the law in every state, in many states, a divorced parent may be ordered by the court to contribute to their child’s college fund. This order is usually considered separate from child support and is sometimes addressed in the original divorce agreement the parents enter into. The following is a brief overview. For more detailed information about your particular situation, contact a family lawyer.
Court’s Discretion
In many states, the court generally has the discretion to order “sums of money” from the marital estate to go toward educational expenses for the couple’s children. Educational expenses do not mean just tuition, but may also cover textbooks, room and board, transportation costs, or any other relevant expenditure. Typically, this “support” ends when the child turns 23, although there may be exceptions for late starts. Sometimes, this is referred to as “non-minor support.”
It is important to realize that, unlike child support, there is no formula or suggested guidelines for educational expenses. Instead, it is left entirely up to the judge. While a truly outrageous request would likely be shot down by the court, any request within reason will likely stand. If you are aware of the judge’s broad discretion, however, you may be able to tailor your approach in court so as to avoid a heavy apportionment.
Act Fast to Obtain Support
Depending on the structure of your divorce decree, you may be able to enforce the contract even retroactively. If your divorce decree “reserves” discussion of such issues, you cannot enforce the college expenses provision retroactively; you must start a new claim and thus will only be able to claim expenses going forward. If your divorce decree explicitly discusses college expenses, though, you may be able to argue that the other parent can be held responsible for expenses dating back further.
There have been cases where the courts have ruled in favor of one party and other cases where the court has agreed with the other party, which is all the more reason why you should have a skilled and seasoned family lawyer representing you and advocating for your interests.
Contact a Family Law Firm
College is an expensive proposition, especially at a top-tier school, but education is the key to a bright future for any child. Nonetheless, if you are ordered to contribute to your children’s college fund, it must not be for more than you can afford. If you are having trouble with this issue, whether you are the parent seeking college expense support from the other parent or you are the parent that the support is being requested from, contact an experienced attorney, like a Des Moines, IA family lawyer from the Law Group of Iowa.
July 15, 2022
Determining The Value Of A Business In A Colorado Divorce
Divorce Lawyer Colorado
A divorce lawyer knows that asset division is by far one of the most complex parts of divorces for many couples, and this is only magnified if a family business is involved. In order to get an accurate estimation of a business’s value for purposes of the marital estate, professionals are typically consulted, but even after a value is obtained, the business can still be a bone of contention between both spouses.
How Is the Value of a Business Determined?
Depending on the nature of the business itself, there are three different types of methods used to arrive at a figure in terms of actual worth.
The first is simply listing all available assets – physical, intellectual, and personnel. This is the best approach for companies that are very young, usually those just barely making a profit.
The second is the market approach, which is most often used by valuation professionals and involves estimating future earning potential by a company’s place in the market.
The third is referred to as income valuation, and it involves estimating future potential and then adjusting downward to arrive at current values.
Who Determines Which Approach Is Best for My Situation?
Which approach works best for your business is best determined by a professional valuation expert, often an appraiser or Certified Public Accountant (CPA). A professional is best equipped to fairly and accurately assess the worth of the business, and a professional will also have the best access to all the relevant information. It is sadly common for one spouse to hide information from the other during a hostile divorce, especially if that spouse is more involved with the business than the other. Your divorce lawyer will help you determine which approach is best for your divorce case.
What Does “Goodwill” in Business Valuation Mean?
One question that can make a valuation more complex is the issue of personal and professional goodwill as a business asset. Professional goodwill is loosely defined as the tangible value of the benefits that buyers obtain when they purchase a business, such as local knowledge, experienced workers, and an established company brand. This is different from personal goodwill, which speaks more to a worker or owner’s ability to run their business and is not an asset that can be valued in tangible form.
Many states recognize personal goodwill as an asset, with multiple court decisions specifying that while enterprise or professional goodwill can outlast one person’s individual involvement in a business, personal goodwill follows a person, and will usually not stick to the business, so to speak, once that person has ceased to be affiliated with it. Thus, a discount may be assessed for personal goodwill, but not for professional goodwill, as it goes along with the business.
Contact a Family Law Firm Today
To find out what legal options there are to help you obtain the back child support you are owed, call Zweig Law, PC to speak with a dedicated Colorado divorce lawyer. Call our office today to schedule a free and confidential consultation.
July 6, 2022
Preparing to Divide Marital Property
Preparing to Divide Marital Property
Whether you have decided for sure that your marriage is over or you’re in the process of deciding whether a split would be the healthiest way forward, it is important to speak with a reputable divorce lawyer Colorado from Zweig Law, PC as soon as possible. All too often, individuals wait until they’ve officially filed for divorce to begin constructing a divorce-related legal strategy. It is important to understand that being as proactive as you can – and to be so at the earliest stage of the process as possible – will help to ensure that your divorce is not unnecessarily stressful and that you ultimately receive a fair divorce settlement.
Colorado Marital Asset Division Standards
Family court judges in the state of Colorado are bound to divide marital property according to an “equitable distribution” standard. This is an approach distinct from the “equal distribution” standard employed in many other states. In equal distribution states, the value of a couple’s marital property must be divided 50-50 with virtually no exceptions. In an equitable distribution state, marital property can be divided in whatever way is fair. Certainly, “fair” generally means that each spouse is entitled to roughly half of the marital assets in question, but this is not always the case.
It is important to keep this standard in mind as you and your spouse begin approaching the process of dividing your assets. If you are able to agree on a property division split that is fair and agreeable to you both, the court should uphold your approach. If your divorce process becomes contentious and a judge is called upon to intervene and settle your fundamental differences, they will resolve your property division question in whatever way they deem to be fair to both parties.
What Are Your Property Priorities?
Whether you suspect that you and your spouse may not be able to bridge your differences when it comes to marital property or you fully expect that you’ll be able to come to an amicable agreement without judicial intervention, you’ll want to start thinking about your property priorities now. Before you meet with the legal team at Zweig Law, PC, take some time to jot down your major marital assets and the approximate value of each. Are there any assets that you’re particularly attached or unattached to? Any that you’d be willing to fight over in court and any that you could let go of without much thought?
Constructing marital asset priorities will help our firm to build a solid asset division strategy on your behalf. No one approaches the issue of marital priorities with the exact same rationale in mind. Understanding what you want to fight for – if anything – and why will help us to advocate effectively on your behalf. Thinking these issues through can also help to inform your actions in a variety of ways as you progress through the divorce process. Connect with the compassionate legal team at Zweig Law, PC today to learn more. We look forward to speaking with you.
June 21, 2022
How to Deal with the Stress of a Divorce
When most people exchange vows, they likely don’t expect to go through a divorce later on in life. Unfortunately, however, divorce is quite common in the U.S. and can be one of the most stressful experiences a person can endure. If you’re getting a divorce from your spouse, it’s important to take good care of yourself and manage your stress.
Here are a few ways to deal with the stress of a divorce.
Eat Healthy and Exercise
When you’re dealing with something as stressful as a divorce, it’s easy to just sit around the house and eat junk food. While that might make you feel better initially, it’s not good for your health. Eating a nutritious diet and exercising regularly can keep you in good physical shape and do wonders for your stress levels. Fill your diet with fruits, vegetables, whole grains and lean proteins and exercise most days of the week.
Stop Focusing on the Past
During a divorce, it’s normal to feel sad, angry and resentful, especially if your ex-spouse treated you very poorly. However, that doesn’t mean that you should just focus on the past. If you do that, you won’t be able to move on with your life and become happy again. Instead, concentrate on building a better future.
Be Civil with Your Ex
If you and your ex ended things on bad terms, the thought of being civil with him or her might seem impossible. However, if you don’t keep your cool and fight over every issue, you will just create more stress for yourself. That’s why it’s best to be as civil with your ex as you can. Be polite during your interactions and try to make compromises. If you feel angry or upset, don’t contact your ex for at least 24 hours to give yourself a chance to calm down.
Hire an Experienced Divorce Lawyer
A divorce isn’t something you should go through on your own. It’s essential to have an experienced lawyer on your side. He or she will guide you through the entire process and help you make the right decisions. Your lawyer will look out for your best interests and can take a lot of your stress away.
Talk to a Therapist
It’s normal to feel a wide range of emotions during a divorce, and it isn’t healthy to keep those emotions bottled up inside. If you don’t feel comfortable talking about your feelings with your friends or family, consider speaking to a professional therapist. A therapist can help you process your emotions and suggest healthy ways to cope.
Partake in Enjoyable Activities
Just because you’re going through a divorce, doesn’t mean that you can’t make time for fun activities. Partaking in enjoyable activities can take your mind off your divorce for a little while and reduce your stress. Whether it’s having lunch with a friend or taking a painting class, don’t hesitate to do things that you enjoy.
If you need assistance with your divorce, contact a divorce lawyer, like one from Zweig Law, PC.
May 31, 2022
What Factors Into ‘Child Custody’?
Family Lawyer
To begin with, what do we mean by the term ‘child custody’? A family lawyer, like our friends at O’Cathain Law Group, can explain that while the definitions and rules differ in every state in the U.S.— and clients are advised to consult with a family law attorney in their own state— there’s no such concept as ‘general custody of a child.’ Rather, there’s ‘sole’ and ‘joint’ custody, and ‘legal’ and ‘residential’ custody (at least in New Jersey).
Let’s briefly break down what this all means:
- Legal custody: This type of custody grants the parent, co-parent or guardian the power to make long-term decisions about the child’s welfare, including the manner in which the child is to be raised, as well as medical and financial decisions.
- Residential (or physical) custody: As defined by the term, this decides where the child will reside. Will the child stay with one parent at the home they know, or move with one parent to a new home? Will the child attempt to split time equally between two co-parents’ residences?
- Sole custody: Defined as when one parent has primary decision-making authority (as in custody) and the other parent has parenting time, which often is limited.
- Joint custody, which can apply to legal and/or residential custody: When both parents share decisions-making concerning their child and/or share an even fifty-fifty split of residential custody.
Residential custody has evolved over the years; initially it was almost always determined the child would live with the mother, with the father seeing the child on weekends, holidays, vacations, which gave way to the term ‘Disneyland Dad’ (a father who swoops in on the weekend to do something fun with the child, and then returns the child to the mother for a week of schoolwork, bathing and chores), or ‘the fun parent’. Recently, however, ‘nesting’ has become a popular part of residential custody, where the children stay in the house and it is the parents who rotate in, depending upon their custody schedules and agreements, thus allowing children to be in their own environs, with their own stuff, all the time.
What does the court take into consideration when making decisions about custody? Again, it varies from city to city, county to county, state to state, but the standard basis is, “the best interest of the child.” What is in the best interest of the child?
Naturally divorcing co-parents may disagree about the correct or appropriate answer to the best interest standard, but factors that will shape the answer may include:
Who is the child’s primary caregiver? Where has the child primarily resided during the life? What is the manner or style of life the child has become accustomed to?
Other facts and questions the court may consider and ask are: are the co-parents civil? Do they communicate well? What is their divorce relationship going to look like? What is their relationship with their children like?
More troubling topics may also emerge: is there any history of violence or physical abuse? Has either parent struggled with substance abuse? What is the stability of the home environment? Are the child’s basic needs being met?
And, to the extent that it can determine with minors: does the child have a preference based upon reasonable, rational thought? Has the child bonded with one parent, or both parents?
Obviously, the court’s decision is difficult, and, while guided by the laws of the state, personalized. It may also be extremely difficult for one divorcing party to accept. What we wish for you in your divorce journey— no matter where you are divorcing— is a smart, amicable divorce in which both parties can continue to be a healthy and beneficial presence in their child’s life. In other words: what is in the best interest of the child.
April 15, 2022
What does a family lawyer do?
Family Lawyer
If you are dealing with the end of your marriage you may be seeking a family lawyer. Divorce, child custody, alimony, and parental rights are all complex issues related to divorce cases. Every family law case is different, so it is helpful to hire an experienced family lawyer who can protect your legal interests and assert your rights under your local state laws.
The Best Interests of the Child Standard in Family Law Cases
The best interests of the child standard is an important concept in family law. Courts must often make decisions regarding child custody, parental rights, and visitation rights that affect where a child will attend school and with whom the child will reside for extended periods of time. These decisions must be made in accordance with the best interests of the child.
A parent who is habitually intoxicated and endangers the child’s life may not be granted full custody because this would not be in the best interests of the child. The following factors are important when judges consider decisions that will affect the child’s life:
- The physical and mental needs of the child
- The ability of the parents to provide the child with medical care, clothing, and food
- The emotional bond between the child, parents, siblings, and other family members
- The physical and mental health of the parents
- Whether domestic violence has occurred in the home or is occurring in the home
The Beginning of a Divorce
The petition for the dissolution of marriage is the document that begins divorce proceedings in the state in which the marriage was licensed originally. If you want to get divorced in certain states, you may need to satisfy statutory residency requirements. First, you need to have resided in the state for at least six months. Second, you must have resided in the county where the petition for dissolution of marriage was filed for three months.
You must wait six months and a day before your divorce proceedings are finalized. Many states are designated as no-fault divorce states. The court may dissolve the marriage if irreconcilable differences between the parties exist. Also, a single spouse can decide to end the marriage relationship even if the other spouse does not want to end the marriage. In no-fault states, when parties request divorces, they do not have to prove fault. Child support is often a contentious issue in divorce cases. Child support consists of monetary payments made by one party to another for the expenses of caring for children. Judges will examine how much time each parent spends with the child and the income of each parent.
Community property is also another important concept regarding family law cases. Certain states are referred to as “community property” states. Any assets acquired during the marriage become both parties’ property. However, inheritances, gifts, and assets each party received before the marriage will be considered separate property. Retaining an experienced lawyer can help you understand which state-specific laws are relevant to your divorce case.
Thanks to our friends at AttorneyBernie.Com for their expertise in the area of family law.
