| March 10, 2010 |
| How can my spouse & I file divorce papers so that neither one of us individually initiated the action? |
| Posted By Lisa M. Vanden Heuvel |
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| In Wisconsin this can be accomplished by filing a Joint Petition for Divorce. With a Joint Petition both parties will be required to sign the document and each will be designated as a Joint Petitioner. The paperwork will need to be filed with the ... |
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| Continue reading "How can my spouse & I file divorce papers so that neither one of us individually initiated the action?" » |
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| March 09, 2010 |
| My child will be entering college next year, will child support continue during college? |
| Posted By Lisa M. Vanden Heuvel |
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| The only way child support would continue while your child is in college is if he or she has not yet reached age 18. Once a child reaches age 18 child support stops unless the child is still in high school or pursuing the an equivalent of a high ... |
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| Continue reading "My child will be entering college next year, will child support continue during college?" » |
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| March 08, 2010 |
| Employment law - rest and meal breaks |
| Posted By Graham P. Wiemer |
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| Wisconsin does not require rest breaks for adult or youth employees. If rest breaks are offered, however, they must be paid, unless they are 30+ minutes long. Additionally, an employer in Wisconsin is not required to give employees meals breaks to ... |
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| Continue reading "Employment law - rest and meal breaks" » |
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| March 08, 2010 |
| Can my Wisconsin Driver's License be used when I travel to another country? |
| Posted By Lisa M. Vanden Heuvel |
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| In many countries your state Driver's License can be used based on international agreements. Before traveling to another country you should always check its consulate office or embassy to find out whether your license is sufficient. In addition, you ... |
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| Continue reading "Can my Wisconsin Driver's License be used when I travel to another country?" » |
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| March 08, 2010 |
| Medicare and Medicaid Nursing Home Rating System |
| Posted By Linda S. Vanden Heuvel |
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| The Center for Medicare and Medicaid Services released its new five star rating system called "Nursing Home Compare." www.medicare.gov/NHCompare/Home.asp This five star rating system has detailed information about every Medicare and Medicaid ... |
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| Continue reading "Medicare and Medicaid Nursing Home Rating System" » |
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| March 08, 2010 |
| F.L.A.P. - Washington County |
| Posted By Christopher J. MacGillis |
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| Washington County now has established the Family Law Assistance Program (F.L.A.P.). Every Tuesday from noon to 1:00 p.m., in room 1104 of the Justice Center, volunteer attorneys assist Washington County self represented family court litigants by ... |
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| Continue reading "F.L.A.P. - Washington County" » |
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| March 05, 2010 |
| Maintenance - If I waive it, can I ask for it later? |
| Posted By Christopher J. MacGillis |
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| No, if you waive maintenance in your Marital Settlement Agreement and the Agreement is approved by the Court, you are forever barred from asking a Court to order your ex-spouse to pay you maintenance. Your waiver is irrevocable. Even if your ... |
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| Continue reading "Maintenance - If I waive it, can I ask for it later?" » |
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| March 05, 2010 |
| What issues should be addressed in a Parenting Plan regarding placement? |
| Posted By Linda S. Vanden Heuvel |
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| The following list is not all-inclusive, but does include a number of factors which should be given consideration in any parenting agreement: Basic time sharing Transportation Who besides you and your spouse is allowed to provide transportation ... |
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| Continue reading "What issues should be addressed in a Parenting Plan regarding placement?" » |
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| March 05, 2010 |
| At-will employment |
| Posted By Graham P. Wiemer |
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| At-will employment means that employee can be let got any time, for any reason, as long as the reason is not illegal. A common phrase is "an employee can be terminated for a good reason, a bad reason, or no reason, just not an illegal reason." An ... |
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| Continue reading "At-will employment" » |
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| March 04, 2010 |
| DUI, OWI, DWI |
| Posted By Graham P. Wiemer |
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| A charge of drunk driving is called an "OWI" in Wisconsin, which stands for Operating While Intoxicated. It's likely the same as a DUI or DWI would be in other states. The allegation is that a person was driving (or operating) a motor vehicle while ... |
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| Continue reading "DUI, OWI, DWI" » |
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| March 04, 2010 |
| Harassment Restraining Order - In What County can I File? |
| Posted By Christopher J. MacGillis |
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| You can file your petition in the following counties: 1. Where you reside; 2. Where respondent resides; and 3. Where the cause of action arose (where the incident occurred) |
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| Continue reading "Harassment Restraining Order - In What County can I File?" » |
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| March 04, 2010 |
| Hiding Assets in a Divorce - Business |
| Posted By Linda S. Vanden Heuvel |
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| If you believe that your spouse is hiding assets and he or she owns a business, your first step is to obtain a copy of the business's income tax return. Use IRS form 4506. Your spouse must sign this form, but generally the court will compel the ... |
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| Continue reading "Hiding Assets in a Divorce - Business" » |
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| March 04, 2010 |
| Elder Law Radio |
| Posted By Linda S. Vanden Heuvel |
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| Elder law radio - www.elderlawanswers.com features experts to help older adults and their families address legal issues impacting the aging. It is free. |
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| Continue reading "Elder Law Radio" » |
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| March 04, 2010 |
| Haiti Earthquake Contributions |
| Posted By Linda S. Vanden Heuvel |
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| Contributions to Haiti earthquake relief efforts made before March 1, 2010, can be deducted on either your 2009 or 2010 returns. See www.irs.gov . Search "Haiti Tax Break" |
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| Continue reading "Haiti Earthquake Contributions" » |
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| March 04, 2010 |
| Wisconsin Home Energy Assistance Program |
| Posted By Linda S. Vanden Heuvel |
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| If you need help with energy assistance contact the Wisconsin Home Energy Assistance Program. Residents of Washington County call 262-335-4677. |
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| Continue reading "Wisconsin Home Energy Assistance Program" » |
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| March 03, 2010 |
| BAC |
| Posted By Graham P. Wiemer |
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| Blood alcohol content, or BAC, is how we refer to the concentration of alcohol in a person's blood. BAC is the most commonly used determination for intoxication, and most of our drunk driving laws are directly tied to drivers' BAC levels. |
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| Continue reading "BAC" » |
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| March 03, 2010 |
| What kind of behavior is considered domestic violence? |
| Posted By Linda S. Vanden Heuvel |
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| Domestic violence may take a number of forms, including, but not limited to: 1. physical behavior (slapping, punching, pulling hair or shoving) 2. forced or coerced sexual acts or behavior 3. threats of abuse (threatening to hit, harm or use a ... |
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| Continue reading "What kind of behavior is considered domestic violence?" » |
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| March 03, 2010 |
| Qualified Tuition Programs - 529 Plans - EdVest |
| Posted By Linda S. Vanden Heuvel |
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| Wisconsin allows a subtraction of up to $3,000 per dependent child, spouse, taxpayer, grandchild, great-grandchild, niece or nephew for contributions made to the EdVest College Savings Program. Special rules apply for formerly married parents. |
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| Continue reading "Qualified Tuition Programs - 529 Plans - EdVest" » |
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| March 03, 2010 |
| Chief Justice Roberts Declines to Halt Gay Marriage in D.C. |
| Posted By Linda S. Vanden Heuvel |
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| US Supreme Court Chief Justice John Roberts Jr., on March 2, 2010, declined to stop a new law allowing gay marriage in Washington, D.C., opening the door for the District to begin providing marriage licenses to same sex couples. Gay marriage ... |
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| Continue reading "Chief Justice Roberts Declines to Halt Gay Marriage in D.C." » |
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| March 03, 2010 |
| Consideration of disability during hiring process |
| Posted By Graham P. Wiemer |
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| An employer may not ask whether a prospective employee has a disability that may affect his ability to perform a job. An employer certainly can determine the qualifications necessary to successfully perform a job, but cannot ask directly about the ... |
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| Continue reading "Consideration of disability during hiring process" » |
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| March 03, 2010 |
| Laws - Wages and Work Hours |
| Posted By Christopher J. MacGillis |
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| The Fair Labor Standards Act (FLSA) is a federal law that governs child labor, minimum wage, and overtime payments. If you believe your employer is not paying you minimum wage or required overtime payments, please contact Vanden Heuvel & Dineen, ... |
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| Continue reading "Laws - Wages and Work Hours" » |
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| March 02, 2010 |
| Child Support |
| Posted By Graham P. Wiemer |
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| When parents do not live together, Wisconsin law requires a Court to order either or both parents to pay "an amount reasonable or necessary to fulfill a duty to support" children. The court must enter an order for support when it does any of the ... |
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| Continue reading "Child Support" » |
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| March 02, 2010 |
| Wisconsin Implied Consent Law |
| Posted By Graham P. Wiemer |
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| By state statute, any driver on Wisconsin highways is deemed to have given consent to one or more tests of his/her blood, breath or urine. This test is used to determine whether there is a prohibited amount of alcohol, controlled substances, ... |
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| Continue reading "Wisconsin Implied Consent Law" » |
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| March 02, 2010 |
| Sexual Orientation and Custody |
| Posted By Linda S. Vanden Heuvel |
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| In Wisconsin whether a person is lesbian or gay is not a specific criteria for determination of custody and placement of a minor child. However, it is fair to say that the issue of a parent's sexual orientation may become a focus of the ... |
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| Continue reading "Sexual Orientation and Custody" » |
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| March 02, 2010 |
| How do I prove that I really suffered an injury in an automobile accident? |
| Posted By Linda S. Vanden Heuvel |
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| One of the easiest ways to show that you have suffered a real injury is by review of the hospital, clinics or emergency room nurses' notes. Nurses document and observe pain. They are generally trained to observe patients objectively and to recognize ... |
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| Continue reading "How do I prove that I really suffered an injury in an automobile accident?" » |
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| March 02, 2010 |
| Is my driver's license good in every state that I visit? |
| Posted By Lisa M. Vanden Heuvel |
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| If you have a valid driver's license from one state it is also good for use in any other state that you visit. However, if you make a permanent move to another state you will need to get a new license in that state. Generally this should be done ... |
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| Continue reading "Is my driver's license good in every state that I visit?" » |
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| March 02, 2010 |
| Sexting Children Are Considered Pornographers by Some |
| Posted By Linda S. Vanden Heuvel |
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| Your image of a child pornographer is generally an just an older, unkempt man. That is not always true. As sexting becomes more prevalent, district attorneys sometimes seek to charge sexting teenagers with child pornography violations. While ... |
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| Continue reading "Sexting Children Are Considered Pornographers by Some" » |
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| March 01, 2010 |
| Can someone other than a parent have custody of a child? |
| Posted By Lisa M. Vanden Heuvel |
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| Under certain circumstances an individual other than a parent can be awarded custody of a child. For example,custody can be obtained through the use of a guardianship proceeding. This can be accomplished by a parent voluntarily tranferring custody or ... |
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| Continue reading "Can someone other than a parent have custody of a child?" » |
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| March 01, 2010 |
| Wisconsin - Does my Employer have to provide me with a Rest Break? |
| Posted By Christopher J. MacGillis |
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| No Wisconsin law requires employers to provide either adults or children with rest breaks. If an employer does voluntarily provide its employees with rest breaks, they must be paid unless the allotted rest break is longer than thirty minutes. |
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| Continue reading "Wisconsin - Does my Employer have to provide me with a Rest Break?" » |
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| February 26, 2010 |
| What is marital waste |
| Posted By Linda S. Vanden Heuvel |
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| In any divorce, the court looks to determine whether or not there has been any wrong doing by one party or the other, such as: hiding assets or squandering marital property. If your spouse squanders money on gambling or another person, sells assets ... |
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| Continue reading "What is marital waste" » |
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| February 26, 2010 |
| Expungement of Court Records/CCAP |
| Posted By Linda S. Vanden Heuvel |
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| Request is being made by the Wisconsin Bar Association to provide judges with broader powers to expunge court records because the records are too easily accessible online and somttimes abused by viewers. http://wcca.wicourts.gov/index.xsl Currently ... |
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| Continue reading "Expungement of Court Records/CCAP" » |
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| February 26, 2010 |
| Wisconsin Sex Education Bill Signed |
| Posted By Linda S. Vanden Heuvel |
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| Governor Jim Doyle signed a bill on February 24, 2010, regarding sex education classes in Wisconsin. Public schools in Wisconsin will be compelled to teach students about birth control and sexually transmitted diseases. Abstinence only programs ... |
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| Continue reading "Wisconsin Sex Education Bill Signed" » |
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| February 26, 2010 |
| Cigarette smoking |
| Posted By Linda S. Vanden Heuvel |
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| The Food and Drug Administration will be requiring tobacco companies to disclose the ingredients in cigarettes. It will require companies to disclose the results of studies done on these products. The new rules take effect in June 2010. The law ... |
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| Continue reading "Cigarette smoking" » |
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| February 26, 2010 |
| Move Over Law |
| Posted By Graham P. Wiemer |
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| To help protect maintenance workers and emergency responders, the State of Wisconsin has passed a move over law, which requires drivers to shift lanes and/or slow down in the event an ambulance, police car, fire truck, tow truck or related vehicle is ... |
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| Continue reading "Move Over Law" » |
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| February 26, 2010 |
| Washington/Ozaukee County - Avey Case |
| Posted By Christopher J. MacGillis |
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| There is a newly released statement that provides Charles A. Avey's account of what happened in the final hours of Cody Reetz's life. To read more, please click on the link below. http://www.jsonline.com/news/ozwash/85293717.html |
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| Continue reading "Washington/Ozaukee County - Avey Case" » |
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| February 25, 2010 |
| What happens to the money I previously paid for an item that I placed on layaway after I miss a payment? |
| Posted By Lisa M. Vanden Heuvel |
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| When placing items on layaway it is always important to get the merchant's policy in writing, including how much time you have to make payments, the minimum payment, fees, and what happens if you miss a payment. There may be a penalty for missing a ... |
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| Continue reading "What happens to the money I previously paid for an item that I placed on layaway after I miss a payment?" » |
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| February 24, 2010 |
| Wisconsin BadgerCare |
| Posted By Linda S. Vanden Heuvel |
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| BadgerCare is a Medicaid program that provides health care coverage for uninsured low income working families with children. The following persons are eligible for BadgerCare: Children under age 19 (marital status does not affect an individual's ... |
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| Continue reading "Wisconsin BadgerCare" » |
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| February 24, 2010 |
| Personal Injury Websites and Resource Links of Importance |
| Posted By Linda S. Vanden Heuvel |
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| http://www.abanet.org/publiced/practical/personalinjury.html http://www.cpsc.gov/ http://www.nsc.org/Pages/Home.aspx http://topics.law.cornell.edu/wex/tort http://topics.law.cornell.edu/wex/products_liability ... |
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| Continue reading "Personal Injury Websites and Resource Links of Importance" » |
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| February 24, 2010 |
| Do I have to be concerned about identity theft for a deceased family member? |
| Posted By Lisa M. Vanden Heuvel |
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| If someone is able to get enough personal information an identity thief can open up credit accounts, start utility services, and make purchases in the name of that individual. It is best to advise all three credit bureaus that an individual is ... |
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| Continue reading "Do I have to be concerned about identity theft for a deceased family member?" » |
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| February 24, 2010 |
| Mediation |
| Posted By Graham P. Wiemer |
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| Mediation is often defined as a method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution. In the family law context, mediation is often used to try and resolve ... |
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| Continue reading "Mediation" » |
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| February 24, 2010 |
| How do I protect my elderly parents from potential elder abuse by caregivers? |
| Posted By Lisa M. Vanden Heuvel |
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| It is important for family member to always be alert to changes in patterns which may be a signal to a problem. Be alert to: unpaid bills, missing property, unexplained withdrawals from accounts, changes in banks or how statements are delivered, ... |
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| Continue reading "How do I protect my elderly parents from potential elder abuse by caregivers?" » |
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| February 24, 2010 |
| Child Support - Is it Taxable? |
| Posted By Christopher J. MacGillis |
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| No, if you are receiving child support, you are not required to pay tax on the child support. If, however, you are receiving family support, you may be required to pay tax. Please discuss this issue with your attorney or accountant. |
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| Continue reading "Child Support - Is it Taxable?" » |
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| February 23, 2010 |
| National Support Organizations |
| Posted By Linda S. Vanden Heuvel |
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| Step Family Foundation: www.stepfamily.org ABA Center on Children and the Law: www.abanet.org National Center for Youth and Law: www.youthlaw.org Joint Custody Association: www.jointcustody.org Kayama: www.kayama.org Childfind of America: ... |
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| Continue reading "National Support Organizations" » |
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| February 23, 2010 |
| Harassment Restraining Order - Where can the Petition be Filed? |
| Posted By Christopher J. MacGillis |
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| You can file a Petition for Temporary Restraining Order and Injunction in the following places: 1. The County where the Petitioner resides 2. The County where the Respondent resides 3. The County where the cause of action arose (where the incident ... |
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| Continue reading "Harassment Restraining Order - Where can the Petition be Filed?" » |
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| February 23, 2010 |
| Bail vs. Bond |
| Posted By Graham P. Wiemer |
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| Bail is a security such as cash or a bond, especially security required by a court for the release of a prisoner who must appear at a future time. Relatedly, bond is a written promise to pay money or do some act if certain circumstances occur or a ... |
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| Continue reading "Bail vs. Bond" » |
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| February 22, 2010 |
| Custodial interrogation |
| Posted By Graham P. Wiemer |
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| An interrogation is the formal questioning of a person. In a criminal law sense, it is often intensive questioning by the police, usually of a person arrested for or suspected of a crime. Police questioning of a detained person about the crime that ... |
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| Continue reading "Custodial interrogation" » |
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| February 22, 2010 |
| Parental Alienation Syndrome (PAS) |
| Posted By Linda S. Vanden Heuvel |
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| According to national statistics, about 10% of divorces involve custody/placement litigation. Children too often become estranged from one parent during the process. One explanation of a child's estrangement from one parent blames the situation on ... |
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| Continue reading "Parental Alienation Syndrome (PAS)" » |
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| February 22, 2010 |
| What is the Parental Kidnapping Prevention Act (PKPA)? |
| Posted By Linda S. Vanden Heuvel |
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| The Uniform Child Custody Jurisdiction Enforcement Act or UCCJEA sets forth standards that a Court may take into consideration in making a custody determination and when a Court must defer to an existing determination from another state. In general, ... |
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| Continue reading "What is the Parental Kidnapping Prevention Act (PKPA)?" » |
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| February 22, 2010 |
| Cash for Clunkers |
| Posted By Linda S. Vanden Heuvel |
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| Under the State Energy Efficient Appliance Rebate Program, known as the appliance Cash for Clunker's program, Wisconsin is providing rebates on boilers and furnaces $200.00, geo-thermal heat pumps $75 and solar water heaters $2,000, purchased after ... |
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| Continue reading "Cash for Clunkers" » |
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| February 22, 2010 |
| Credit Card Act Changes Effective February 22, 2010 |
| Posted By Linda S. Vanden Heuvel |
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| The following changes will go into effect on February 22, 2010: 1. Credit card issuers will not be able to increase interest rates on existing credit card balances unless the borrower is at least 60 days late. 2. Credit card issuers must provide ... |
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| Continue reading "Credit Card Act Changes Effective February 22, 2010" » |
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