| 5 entries found. Viewing page 1 of 1. |
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| August 11, 2010 |
| School Records in Divorce Actions |
| Posted By Linda S. Vanden Heuvel |
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| The school records of minor children who are subjects of custody and placement actions are important to any determination by the guardian ad litem or social worker. It is imperative, however, that you send an authorization not only to the school for the academic records, but also a specific authorization to the guidance counselor. Records of the guidance counselor are generally not included in the general school file of a student. |
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| August 11, 2010 |
| Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service |
| Posted By Linda S. Vanden Heuvel |
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When an obligation was incurred before entry on active duty, the interest rate goes down to 6%, unless the creditor (bank, finance company, credit card issuer, etc.) can prove in court that the member's ability to pay was not materially affected by military service. The term "interest" includes service charges.
The new Act clarifies the rules on the 6% interest rate cap on pre-service loans and obligations by specifying that interest in excess of 6% per year must be forgiven. 50 U.S.C. App. Sec. 527(a)(2). The absence of such language in the SSCRA has allowed some lenders to argue that interest in excess of 6% was merely deferred.
The SCRA also specifies that a SM must request this reduction in writing and include a copy of his/her military orders. 50 U.S.C. App. Sec. 527(b)(1). Once the creditor receives notice, it must grant the relief effective as of the date the servicemember is called to active duty. The creditor must forgive any interest in excess of six percent with a resulting decrease in the amount of the periodic payment that the servicemember is required to make. 50 U.S.C. App. Sec. 527(b)(2). The creditor may challenge the rate reduction if it can show that the SM's military service has not materially affected his or her ability to pay. 50 U.S.C. App. Sec. 527(c).
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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
Telephone contact wtih the parent not having placement
Email contact
Cell phone usage by the children
Holidays, birthdays, vacations from school
Mother's Day and Father's Day
Spring break, winter break
Religion
Church attendance
Where the children will go to school
College
Extra-curricular activities
Cost of extra-curricular activities
For example, see
www.supreme.state.az.us/dr/pdf/parenting_time_final.pdf
www.parentingplan.net
www.sharekids.com
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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 certain time elapses.
In the criminal sense, all bond postings must be made directly with the county jail or Sheriff’s Department in the State of Wisconsin.
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| February 08, 2010 |
| Washington County Family Law Assistance Program |
| Posted By Graham P. Wiemer |
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Every Tuesday from 12:00 p.m. to 1:00 p.m., in rRom 1104 of the Justice Center, Family law attorneys help with forms, written instructions, and checklists. The volunteer attorneys can also provide procedural guidance and assistance in completing the forms and following the written instructions. There is no cost for the service. No appointment is necessary. Walk-ins are welcome, and will be assisted on a first-come first-served basis.
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Listen to 1470 WBKV AM on Friday mornings at 9am for Legal Talk with the Vanden Heuvel & Dineen, S.C. Law Firm. Call the station at 262-338-8622 or email your questions to questions@vhdlaw.com