UTC Akademic Education Site

Archive for the ‘Legal’ Category

When choosing a lawyer to fight your accident case, keep in mind that it is absolutely essential for you to choose an extremely competent person for the job. You only get one chance to fight your compensation case. Imagine losing the case, not because you are in the wrong, but because the lawyer you chose did not have the necessary expertise to fight your case. The lawyer or the firm might have a proven track record in real estate or bankruptcy cases, but that experience probably will not win your accident compensation case. It is extremely important to check the credentials and reputation of the lawyer you choose.
Read the rest of this entry »

Ataxic cerebral palsy accounts for five to ten percent of all cases of cerebral palsy. In this form of cerebral palsy, there is damage to a part of the brain called the cerebellum that helps maintain balance and coordination. When the cerebellum is damaged, it can result in poor muscle tone or hypotonia, difficulty maintaining balance and a normal gait, tremors, disorders of depth perception and an inability to control the range and motion of voluntary movements. As a result, children with ataxic cerebral palsy often demonstrate a wide-based, unsteady gait. They may also have intention tremors that are tremors that occur while attempting voluntary movements. Voluntary movements are typically clumsy and difficult to perform; finer movements, such as writing, are most severely affected. Coarser movements such as reaching for objects may also be difficult due to altered depth perception. Rapid, involuntary side-to-side movements of the eyeballs, or nystagmus, may also be present. Children with ataxic cerebral palsy may also suffer from several other conditions, such as seizures, mental retardation, and visual and hearing defects.

Poor muscle tone, abnormal posture or movements and a delay in achieving the normal developmental milestones of infancy may raise the suspicion of ataxic cerebral palsy. A physician makes a diagnosis of cerebral palsy by combining a careful physical examination of the patient with findings from imaging methods, such as CT scans and MRIs. These findings are collectively used to determine whether the brain is developing normally or not. Read the rest of this entry »

According to information provided by http://www.plan-my-estate.com an estate planning and asset protection resource web site, a Fraudulent Transfer aka Fraudulent Conveyance is a transfer which a debtor makes for the purpose of defeating a creditor’s collection efforts against the debtor. This typically happens when, say, a debtor attempts to “sell” everything to his wife, cousin or business partner for $5 to keep his stuff out of the hands of his creditors. If the court figures out that the transaction is a sham to defeat the creditor, the court will set aside the transaction and make the person holding the assets give them to the creditor. Basically, Fraudulent Transfer Law is this: You can’t do anything which would impair the rights of your unsecured creditors, if you do then the courts will simply ignore what you have done.

There are thousands of individuals and companies that, through e:mails or via internet web sites, offer to help you protect your assets from creditors, ex spouses and or taxing authorities. Many of these individuals and businesses help you protect your assets by having you take actions that can or will put you in violation of the Uniform Fraudulent Transfer Act. This could, in the long run, not only end up causing you to lose the assets that you were trying to protect but also cost you additional money in court costs, attorney’s fees or collection costs. Additionally, if you had a family member or friend help you, he or she could end up in court or having his or her credit harmed by having a judgment entered against him or her.

Many of these asset protection schemes involve transfering assets to someone you trust, a spouse, other family member, friend or a business that you form. As far as I can determin, if the creditor can prove that the transfer was done in order to avoid creditors, then under the Uniform Fraudulent Transfer Act the creditor has several remedies depending on the circumstances. These remedies can include causing a judgment to be entered against both you and the transferee, causing the property transfered to be attached or levied upon or causing a lein to be placed against the property. There are other remedies set by statute. The one thing that all of these remedies have in common is that you, the transferee or both of you could be held liable for the costs of obtaining and enforcing the remedy.

Note: Another thing to think about. Over the years I have been involved in numerous asset search and recovery matters where the person
that the bank account, collectibles, stocks, bonds, real estate or other assets were transfered to ended up closing out, selling or otherwise transfering or encumbering the assets, leaving the original owner with nothing. No matter how much you trust someone today you never know what the future will bring.

Other services offer to set up a revocable living trust. They state that the assets then will belong to the trust and be protected from your creditors. As any competent attorney will advise you, this theory is completely false. Since the assets placed in the trust are yours and since you control the trust then you and the trust are the same thing and a creditor can go after any assets placed in the trust. While a revocable living trust may not be a fraudulent transfer, neither is it a way to protect your assets from creditors.

Read the rest of this entry »

Child Support
Arkansas child support is known to be administered under the Office of Child Support Enforcement. The (OCSE) is under the jurisdiction of the Division of Revenue, which is within the Department of Finance and Administration.

Applying for Child Support
Any parent who receives state assistance, such as Foster care or Transitional Employment Assistance will be automatically referred to the Office of Child Support Enforcement for any child support help. Child Support applications can be obtained through your local child support enforcement office or by calling the local number which is provided for you by clicking the link below. The Office of Child Support Enforcement aims to retrieve at least a partial amount of the actual cost of services that it provides to parents that are not in the Transitional Employment Assistance programs. These cost include: legal work done by an (OCSE) attorney, cost to establish paternity, and the expenses of locating the missing non-custodial parent.

Enforcing Arkansas Child Support
Child support laws, weather state or federal provides a numerous amount of tools and methods that Arkansas child support can us to collect and enforce child support laws. These methods include: income withholding, property liens, unemployment compensations deducted, reporting any debt to the credit bureaus, the suspensions of drivers licenses etc. These methods will be enforced on any non-custodial parent who is behind are refuses to pay child support.
Read the rest of this entry »