If you are in the process of filing for divorce, you have probably identified most of the assets that need to be divided. While some of them may be obvious, there are those that are not. If you are not diligent in identifying these assets, you may forfeit the share that you are entitled to. Here are a few assets that you may not have considered looking for.
Previous Employer Benefits
You probably already know that you are entitled to a certain percentage of any retirement accounts that your spouse had started or paid into during your marriage. What you may not have thought to investigate is whether or not there are any benefits that your spouse is entitled to from a previous employer. Some of these may include:
- Pension plans
- 401(k) plans
- Stock options
- Deferred compensation
Although your spouse may have changed jobs and moved on to another employer, they may have failed to roll over or cash in these benefits that they will be eligible to reap in the future.
Even if your spouse is only eligible to receive this benefit in the future, it needs to be identified as an asset for the purposes of equitable distribution. If it is a qualified retirement plan such as a 401(k), ask your divorce attorney if you need a Qualified Domestic Relations Order (QDRO) in order to reduce or avoid any tax penalties.
Outstanding Loans to Others
If you or your spouse have loaned money to friends or family members due to be repaid at some point in the future, it needs to be included in the division of your assets. Loaning money, or giving away marital property to another person, without the knowledge of the other spouse is sometimes used as a tactic to hide or remove this money or asset from the marital distribution pool.
This process of fraudulent lending or the deliberate mishandling of marital assets is called dissipation of assets. If you are able to prove that this has taken place, then it is looked upon very poorly by the court. If you feel you have assets that are at risk, ask your attorney if a court order can be issued to stop it from happening.
Life Insurance Policies
Once you are divorced there is a good chance that your spouse will take your name off of their life insurance as their beneficiary. What you may not realize is that you may still be entitled to a portion of it, and you may not have to wait for them to die to get it.
Whole life, universal life, indexed universal life, variable universal life, and other cash-value life insurance products may have a significant amount of cash built up in them that you may be entitled to. The policy does not have to be sold in order for you to cash out.
The owner of the policy can take out a loan against this accumulation of funds. If they choose not to pay the loan back, it will be subtracted out of their death benefit when they die.
Season Tickets
Did you and your spouse acquire the rights to purchase coveted annual season tickets at some point during your marriage? Although you may not want to sit beside them at the game for the rest of your life, you may want to be bought out of your share of the tickets. Make sure that your attorney knows that they exist and what they are worth.
It is often easy to overlook marital assets. Unfortunately, if they are not divided at the time of the divorce, you may have to forgo any rights of ownership you may have. At Shadd Law Firm, LLC
, we can help to make sure this does not happen. Call us so that we can help you get the fair equitable distribution you deserve.
In the midst of a heated divorce, you may find that your spouse accuses you of child abuse. Or your child may suffer an injury from rough-housing with friends, and the injuries look similar to those from child abuse. If you have been wrongfully accused of this crime, you can take steps to prove that your child is safe under your care. Here’s what you should do.
Begin Taking Notes
As soon as you are accused of child abuse, you should write down all of your memories that are relevant. You should also write down any events that occur throughout the day that are related to your case. These notes should include any events that have occurred with your child and the times that they occurred. For instance, if you took your child to the park, write this down. Then, when it comes time to speak with social services, you will have an easier time remembering what occurred.
Be Careful When Working With Social Services
You have the right to refuse to participate with social services or to speak to an attorney before speaking with social services. However, you do not have the same right to remain silent, and the social services can factor in your silence when deciding how to proceed. You also have protections under the Fourth Amendment to prevent social workers from entering your home without a warrant. If you do intend to work with social services, inquire about the exact nature of the claim made against you.
Fortunately, judges are aware that false accusations of child abuse are made often. Thus, these accusations are investigated thoroughly. However, these time-consuming and intrusive investigations can be very burdensome for your children.
Child protective services will also ask those who are close to you questions. Still, you must be as cooperative as possible with the legal system. The legal system is simply looking out for what is best for your child and wants to get through each case quickly.
Be Careful With Physical Activity
Avoid engaging in physical activities that could lead to accidental injuries or that may cause you to be accused of child abuse. These activities might include rough-housing and horseplay. Instead, find safe activities to engage in, like playing video games or board games. Teach your child to play safely to avoid injuries. For example, teach your child not to play with knives or matches.
Gather Evidence
Showing proof that the allegations of child abuse are a lie is the most effective way to have child abuse accusations dropped. For instance, if witnesses can verify that your child received bruises while playing soccer, eyewitness testimony will work very strongly in your favor. If the court can’t find evidence that child abuse occurred, the investigation will be closed.
To gather evidence that you are not abusing your child, talk to friends and family members who know you very well. They may be interviewed by court personnel or by child protective services. They may also write a written statement. These individuals can attest to your parenting abilities and the fact that you don’t abuse your children.
Work With an Attorney
The most important part of handling accusations of child abuse is to speak with an attorney. A situation like this can be difficult to navigate, and it is easy to do or say something that can cause the situation to become worse. If you are looking for an attorney, contact Shadd Law Firm, LLC. We provide legal representation for criminal defense and family law cases. Please feel free to contact us if you have any questions or concerns.
Decisions related to children can be the most difficult part of any divorce. Arguments often occur over custody and child support. Trying to figure out the proper amount of child support can quickly become a very confusing and frustrating situation for parents.
The custodial parent will not know how much money they need to support their child, and the non-custodial parent may try to pay as little as possible. Consider the following factors that will go into setting child support payments during and after divorce.
Age and Primary Caretaker
The age of your child plays a part in determining child support payments. While married, it is common for a couple to have one parent stay at home and take care of the child while the other parent works to bring home the majority of the household income.
This balance can be easily shaken up when two parents get divorced. There will now be two households that must be maintained with monthly bills, a mortgage and other individual expenses.
If the custodial parent stays home while the child is very young, plan on child support payments being higher than if the custodial parent was working. You can always have child support modifications made when the child becomes older, which is a request to have a family court officially change the child support payment amount. Until then, do what is in the best interest of the child as opposed to what is best for your bank accounts.
One thing to keep in mind is that South Carolina does allow non-custodial parents to request child support. While it is common for the custodial parent to be the one receiving child support, your specific situation could require giving assistance to the non-custodial parent. In some cases, parents under the age of 18 can even request child support that is paid by the grandparents.
Standard of Living and Custody Arrangements
Another factor that can alter child support payments is the custody arrangements. It is normal for a child to primarily be with one parent when they are young, but older children could see a different arrangement that benefits them later in life.
For instance, most custody arrangements are an 80/20 split between each parent. The 20% custody arrangement for a non-custodial parent accounts for visitations on opposite weekends, major holidays, the child's birthday and some additional time during the summer. As your child gets older, they may have a desire to spend more time with their non-custodial parent. This would alter the original arrangement.
Know that child support payments should be lowered if custody arrangements are modified. However, even joint custody with a 50/50 split would not necessarily end child support payments.
Standard of living also plays a role in deciding child support payments. If one parent is doing much better than the other parent, the parent that's better off may still be required to pay child support with joint custody. The argument is that the child's standard of living is worse with one parent than the other, and that child support can help balance both living situations so that they are equal.
South Carolina allows you to have child support payments reviewed in situations where your standard of living changes. You may have lost your job, incurred a large medical bill or had a major life change that affects you financially. A family court will review your request and determine how much to adjust your child support payments.
If you need assistance modifying your current child support situation, know that Shadd Law Firm, LLC
can help you navigate the legal process of changing child support payments.
The choice to place a loved one in a nursing home is a difficult one. You do, though, because you believe they will receive the care they need. Well, that's certainly the promise of every nursing home facility. However, sometimes they fail to deliver on that promise, and it's your loved one who suffers.
You have the right to sue if your loved one is being neglected or even abused in a nursing home. However, you have to be able to decipher the signs, and they can be subtle.
Neglecting Basic Needs
A foundational reason for placing loved ones into a nursing home is they can no longer care for their basic needs. Unfortunately, a facility may fail to provide residents with adequate water and food, including food that meets specific dietary needs.
Lack of providing healthy food can lead to malnutrition. From your end, this condition may manifest in a sudden weight loss not adequately explained by health concerns. Likewise, if your loved one has dietary needs because of a medical condition, failure to meet those needs may result in exacerbating the issue, say increased blood pressure in someone on a low-sodium diet.
Dehydration can occur if an abundance of fluids isn't made available for your loved one. According to the Mayo Clinic, outward signs of dehydration are fatigue, dizziness and confusion. If you suspect dehydration, you may ask for a blood test or urinalysis to diagnose the condition.
Neglecting Personal Hygiene
In the same vein, you expect facility personnel to help your loved one with personal hygiene, such as bathing, brushing their teeth, getting dressed and staying groomed. Signs that your loved one is lacking in these personal hygiene basics should be obvious when you visit.
The nursing home has a responsibility to hire employees who can perform these tasks. It's also up to the facility to train employees in how to maintain residents' personal hygiene, including when there are special considerations such as mobility issues. Finally, it's the facility's responsibility to ensure these tasks are adequately completed. This responsibility includes keeping the facility well-staffed.
Medical Neglect
Another common reason families put loved ones in nursing homes because they have specific medical needs. These can be age-related issues, such as lack of mobility or dementia. However, diabetes and other chronic diseases flare up in the elderly. What's more, any resident is expected to be kept in good health.
If your loved one has a specific disease, watch over the medical records carefully. Concerning any cognitive disorders, be aware of any instances of wandering. Look also for injuries that can occur during elopement, perhaps from bumping into things or even falling.
Nursing home staff is responsible for ensuring proper mobility. If your loved one's mobility seems to be decreasing, this may be a sign there hasn't been adequate activity. Bedsores and other infections are also common when residents lie in bed without moving for long periods of time.
Emotional Neglect or Abuse
Working in a nursing home isn't an easy job, and staff members fall prey to stress same as anyone else. However, they don't have the right to take that stress out on residents by neglecting them or abusing them.
Signs that your loved one is being emotionally neglected can be an abnormal change in behavior. Residents should interact in a friendly manner with staff and other residents — it's a warning sign if they're abnormally quiet.
If residents shy away from certain staff members, this behavior can be a sign they've been verbally or even physically abused. They may even be reluctant to talk about the problem for fear of reprisal. Sometimes residents even become depressed or resentful. Likewise, look for any unexplained injuries, which can signify physical abuse.
Your loved ones have the right to live out their golden years in comfort, including in a nursing home. If you suspect your loved one is being neglected or abused, Shadd Law Firm, LLC can help
you navigate the legal process of addressing these issues.
Getting arrested for a DUI is a serious offense. A conviction can haunt you the rest of your life. To have a greater likelihood of success, here is what you need to do following an arrest.
Call an Attorney
You do not want to say anything to the police without a lawyer present. Even saying something that seems innocuous could end up hurting you in court. A DUI attorney
will speak with you through all your options, so you know what kinds of penalties you are facing and what your best defense will be.
Get Bailed Out
You can continue going about your normal daily routine after you have been bailed out. In some circumstances, you may not need a bail if a judge determines that you can be released due to your own recognizance.
Build Defense
Your attorney will provide you with more information about how you should prepare for your specific case. This can entail acquiring evidence. The lawyer may attempt to look at the police report filed. It can be beneficial to speak with people who can serve as an alibi for you on the night in question.
A DUI arrest is scary, but there are ways to get out of it all right. Contact an experienced DUI attorney such Shadd Law Firm, LLC.
Going through a divorce is an emotionally and sometimes physically trying ordeal, not to mention a confusing one if you don’t understand the laws involved in the procedure. Knowing the basics of divorce laws
in South Carolina may not make the situation any easier on your heart, but it can make the legal aspect less stressful.
Who Can Get a Divorce?
In the state of South Carolina, you and your spouse must meet one of five conditions to file for divorce. An at-fault divorce is one in which one spouse files because the other committed adultery, was physically abusive, had a substance abuse problem or deserted the family. If you and your spouse have agreed to separate amicably, you can file for a no-fault divorce.
Who Gets the Property?
South Carolina uses the law of equitable distribution to separate property among two former spouses. However, equitable distribution is not always a 50-50 split. A judge will consider several factors before deciding who should rightfully get what. Some of those factors include who contributed to the family financially, how long the couple were married and whether one of the spouses committed one of the faults.
Where Do the Children Live?
The judge decides who the children live with after a divorce based on the best interest of the child. Factors taken into consideration include employment and work schedules, income, age and health of the parents and in some cases, who the child prefers to live with.
Don’t go through a divorce without the knowledge you need. Contact Shadd Law Firm, LLC to find out more.
When you are injured due to the negligence of another person, your main concern should be healing and recovering from the incident. However, these cases often end up in litigation and can cause even more stress to the injured party. If you have been injured, there are several reasons why the best course of action is to hire a personal injury lawyer.
Experience and Knowledge
When you hire legal representation that specializes in personal injury cases, you are gaining an ally with expertise in dealing with insurance companies. Your lawyer will be able to look at all of the factors in your case and know exactly what your claim is worth. Insurance companies often want to avoid dealing with lawyers, and having legal representation may lead to a quick and fair resolution.
Better Monetary Recovery
Usually, victims who hire a lawyer receive a higher payout than those that do not. Insurance companies typically want to pay out as little as possible, and without an experienced lawyer, you may only be getting a fraction of what you are entitled to.
Peace of Mind
In addition to receiving a substantial payout for your injury, you are also able to relax as your legal representation deals with the insurance company. This will give you the time and energy to focus on recovering from your injury. If you are in need of a personal injury lawyer , please visit Shadd Law Firm, LLC in Columbia.
