http://law.californiapersonalinjuryattorneys.us/index.php http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry090710-111342
What Happens When One Parent Doesn't Pay?

Serious legal and financial consequences can result when a parent fails to pay support or only partially pays the due amount. Child support debt or past due payments are referred to as "arrears."

The parent who owes child support must pay an interest of ten percent on arrears based on the California Code of Civil Procedure (Section 685.020 (b)). Arrears can result from the debt for the welfare expenses paid to a family, failure to pay off a monthly support order, retroactive support accumulated from as early as the birth of a child, and medical costs related to the birth of a child.

Potential Consequences

Arrears or debt owed to the government for the financial support they provided to the other parent are usually not negotiable; however, arrears may be reduced or negotiated if you owe money directly to the custodial parent. If you are experiencing child support debt, you may encounter the following:

* Largely negative impact on individual credit report
* Driver's license suspension
* Social security income money collection
* Denial of passport
* Collection of finances from disability, tax refunds, and other monies you may receive


Can Debt Be Avoided?

The answer is yes. One way to prevent this kind of debt is to understand that guidelines can be modified regarding required amounts to be paid. Most parents who battle debt are not aware of the fact that support in California for children can be modified when there are changes in the children's needs, changes in either parent's finances, or changes in custody. It is important to note that modifications are not retroactive, so it is not an option to compensate a parent for not filing earlier.

By: Paul J Wallin
Whether you are a custodial parent trying to get child support from the other parent, or you are a parent who owes money to the custodial parent of your child, the experienced California child support lawyers at Wallin & Klarich can help parents reach a mutual agreement about arrear reduction, help you challenge paternity test results, or set up a paternity test. Call today at 1-888-280-6839 for a case evaluation to get child support debt paid.]]> http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry090622-224344
To deter people from cheating the IID system, manufacturers employ something called a rolling retest. At random intervals after the ignition has been started, the device will require the driver to retest by blowing into the breathalyzer again. (This prevents drunken drivers from having friends take the test for them). If the driver fails the retest or refuses to take the retest, the device records this information and triggers the car horn to beep and the lights to flash. The only way to silence the horn and get the lights to stop flashing is to turn the car off and to retake (and pass) another breathalyzer test. (For obvious safety reasons, the IID never actually shuts down the car engine.)

Ignition Interlock Devices must be maintained and calibrated periodically. Drivers who have been court ordered to install these devices must pay for installation and maintenance. IIDs also record and log noteworthy events. If for instance, a driver attempts to remove the IID device or to circumvent it somehow or to impair fuel cell operation, authorities will be alerted and will set punishments accordingly.

California law empowers the courts to impose that IIDs be installed in cars driven by individuals who have been convicted of a DUI in California. These stipulations set out in Vehicle Code Section 14601.2, give the California courts the power to require that said individuals drive with IIDs for up to three years.

These intrusive devices can make day-to-day living exceptionally difficult. Particularly in California, where it is nearly impossible to work or do errands without a working motor vehicle. The sentencing practices vary widely depending upon the specific court your case is pending in and variables like the circumstances behind your DUI and the county you are facing charges in can have a substantial impact on whether or not you will be required to have an IID installed on your car.

Ignition Interlock Devices (also known as IIDs) are breath alcohol detection systems used to prevent/deter selected drivers from operating motor vehicles under the influence of alcohol. Essentially, IIDs work like breathalyzers, but they are connected to the dashboard and linked electrically to the ignition system. Before a driver can start the engine, he or she must blow into the device, which then analyzes the ethanol alcohol content of the breath using an electrochemical fuel cell to detect concentration. If the device reads that concentration is greater than a preset limit (usually between 0.02% and 0.04% BAC), it triggers the ignition system to lock and prevent the car from starting. If the fuel cell system does not detect a strong alcohol trace, the ignition will trigger without a problem.

To deter people from cheating the IID system, manufacturers employ something called a rolling retest. At random intervals after the ignition has been started, the device will require the driver to retest by blowing into the breathalyzer again. (This prevents drunken drivers from having friends take the test for them). If the driver fails the retest or refuses to take the retest, the device records this information and triggers the car horn to beep and the lights to flash. The only way to silence the horn and get the lights to stop flashing is to turn the car off and to retake (and pass) another breathalyzer test. (For obvious safety reasons, the IID never actually shuts down the car engine.)

Ignition Interlock Devices must be maintained and calibrated periodically. Drivers who have been court ordered to install these devices must pay for installation and maintenance. IIDs also record and log noteworthy events. If for instance, a driver attempts to remove the IID device or to circumvent it somehow or to impair fuel cell operation, authorities will be alerted and will set punishments accordingly.

California law empowers the courts to impose that IIDs be installed in cars driven by individuals who have been convicted of a DUI in California. These stipulations set out in Vehicle Code Section 14601.2, give the California courts the power to require that said individuals drive with IIDs for up to three years.

These intrusive devices can make day-to-day living exceptionally difficult. Particularly in California, where it is nearly impossible to work or do errands without a working motor vehicle. The sentencing practices vary widely depending upon the specific court your case is pending in and variables like the circumstances behind your DUI and the county you are facing charges in can have a substantial impact on whether or not you will be required to have an IID installed on your car.

By: Paul J Wallin
Our law firm has offices from San Diego to Ventura and our experienced California DUI defense attorneys know the procedures in the local court where your case is pending. The firm of Wallin & Klarich boasts a tremendous track record helping DUI defendants. Contact us today to get your questions answered and to have a case evaluation.]]> http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry090622-221816
Proof of insurance

You are required to carry proof that the vehicle you are driving is insured. Anytime you are questioned by an officer for proof of insurance, you must produce it or you may be cited. However, an officer may not pull you over simply for the purpose of asking if you are insured. There are two ways to be cited for breaking this law:

* If you have insurance but no proof - If you actually do have insurance but merely weren't carrying the card with you when you were pulled over, this is relatively easy to have dismissed by giving a copy of your current insurance policy or card to the court clerk. Don't forget to do this, however, as failing to provide proof of insurance is punishable by a fine of over $1,700!
* If you didn't have insurance when you were cited - If you are cited for violating this section and you simply do not have insurance, you have a big problem. Fines are extremely expensive for this infraction and if you have no proof that you do have insurance, there is not much you can do. However, if the vehicle you are driving is insured by someone else, such as your employer, it is possible to get this sort of violation dismissed. Never give wrong information to an officer about your insurance. This crime is a misdemeanor and is punishable by an even larger fine and up to five days in jail.

Mandatory Reporting of Certain Accidents

In any accident involving personal injury or damage of at least $750, all drivers must file an accident report and provide evidence of insurance. Failing to do so can result in the suspension of your license for one year. In fact, even if you are driving someone else's vehicle, you must comply with this section.

Exchange of Information at Accidents

Even if the accident in which you were involved is very minor and less than $750 worth of damage is involved, you are still required by law to exchange information with other drivers involved. If you fail to disclose your name, address, driver's license number, vehicle identification number, or insurance information, you can be found guilty of an infraction with another hefty fine. However, it is important to realize that this violation must be proved beyond a reasonable doubt.

By: Paul J Wallin
If you've been cited for one of the many violations dealing with accidents and insurance, it could end up costing you thousands of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. With a skilled criminal defense attorney experienced in defending traffic tickets, like those at Wallin & Klarich, however, you can fight your traffic ticket and win. Often, these sorts of tickets can be reduced to much less expensive violations or even completely dismissed. Call us today at 1-888-280-6839.]]> http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry090214-194652
There are generally two kinds of conservatorships: over the person and over the estate. Many times, one conservatorship case includes both types.

To establish a conservatorship over the person, the court must find that the proposed conservatee is substantially unable to provide for their food, clothing and shelter. The petition to create a conservatorship is usually filed by a loved one or family member who recognizes the elder's inability to provide for these personal needs. In Riverside County, California, for example, the petition may be filed by the Public Guardian's Office when no family member or other interested person is available to assist.

A conservatorship over the person should occur only when no reasonable alternatives are available. A future article will discuss such alternatives, but these include informal assistance from loved ones and powers of attorney for health care decision making. Sometimes, an elder unquestionably needs assistance but will not voluntarily agree to accept it. Their deteriorating mental faculties prevent them from recognizing the need and they simply refuse any help.

When the court orders the establishment of a conservatorship over the person, it will appoint a conservator and grant that person the authority to make all necessary decisions to properly provide food, clothing and shelter for the conservatee. Often, these powers will also include the authority to make medical decisions.

To establish a conservatorship over the estate, the court must find that the proposed conservatee is substantially unable to make sound financial decisions or to resist fraud or undue influence. The circumstances necessary to show this condition usually involve an elder who fails to timely pay bills, open the mail, or respond to bank notices. A conservatorship over the estate can also be necessary when a perpetrator manipulates an elder and wrongfully takes money or property.

Alternatives to a conservatorship over the estate must also be explored. If the elder still possesses legal mental capacity, then a financial power of attorney can be created that provides a trustworthy agent the authority to assist with banking needs, bill payment and other financial decisions.

When the court appoints a conservator of the estate, then that person will be granted all powers necessary to marshal the elder's assets, receive income and make disbursements - all in accordance with the reasonable steps required to care for and maintain the elder's estate.

It is not necessary that the conservator live in the same county or state as the conservatee. Logistically, this would be the preferred choice. However, the court recognizes that the conservatee's family members may not live nearby but would still be the best choice to carry out the conservatorship duties on behalf of their loved one.

The court will require certain periodic reports and accountings by the conservator to make sure that all tasks are being performed for the sole benefit of the conservatee. This ensures that the conservator does not take advantage of the elder and allows the court to make recommendations when necessary.

Conservatorships are often a necessary legal procedure to assist those who can no longer sufficiently care for themselves. An elder law attorney can assist to make the process as easy to navigate as possible.

By: George Dickerman
George F. Dickerman is an elder law attorney in Riverside County, California, practising law for 23 years. To learn more about elder law issues, including the topic of conservatorship, and to subscribe to a free newsletter that provides valuable information on how to assist your family members and loved ones, please visit http://Elder-Law-Advocate.com]]> http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry090214-194440
A special power limits your agent's authority and is generally used only in specific circumstances. For example, you may be in the process of purchasing a home but, nearly a year ago, you purchased a non-refundable European vacation and you won't be available to sign all of the real estate documents. A special power of attorney can authorize your agent to act on your behalf and sign all necessary papers to complete the purchase.

Under this scenario, your agent's authority is very limited.

Contrast this to a general power of attorney for financial matters. With this document, you are granting authority for someone else to handle all of your financial matters - opening and closing bank accounts, withdrawing money, purchasing or selling real property - essentially, your agent would have the ability to transact every type of financial business that you would. A very dangerous document if placed into the wrong hands.

Usually, a general power over finances should only be granted if it utilizes a "springing power". This means that your agent has no authority to act unless two qualified medical doctors provide written declarations, under penalty of perjury, that you are incapacitated and unable to make sound financial decisions. Then, and only then, does the power "spring into being", as it were, and allow your agent to act on your behalf.

A special power of attorney generally becomes effective immediately. It is granted to allow your agent the authority to handle one or more specific transactions and, again, is usually done out of convenience because you are unavailable to timely act.

Using a boilerplate form where you just fill-in the blanks to specify the exact authority you wish to grant can be a mistake. Sometimes the authority is too limited and could prevent your agent from being able to complete the particular financial transaction. For example, granting authority to "sign all documents required by my real estate broker" may not be acceptable to the lender or the escrow company. They may have different requirements and do not feel comfortable in recognizing your agent's authority under the special powers you have stated.

An attorney can assist with the creation of a special power of attorney for financial matters and, in doing so, should contact all of the companies and agencies involved to ensure that their requirements are met. The exact language used in the document can then be tailored to meet all of these needs.

Special powers of attorney can be very useful in completing certain transactions but should be tailored to meet very narrow and specific situations. If properly drafted, they are a valuable financial tool.

By: George Dickerman
George F. Dickerman is an elder law attorney in Riverside County, California, practising law for 23 years. To learn more about elder law issues, including the topic of conservatorship, and to subscribe to a free newsletter that provides valuable information on how to assist your family members and loved ones, please visit http://Elder-Law-Advocate.com]]> http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry090214-193946
A person makes a family trust to accomplish a variety of things, both during and after their life. After death, their trust primarily serves to distribute their property and money to loved ones. During their lifetime, an elderly man or woman may become mentally incapacitated and require the establishment of a conservatorship so the court can appoint someone to have authority to make sound financial and healthcare decisions.

During this conservatorship process, it is often discovered that the elder had previously prepared a trust that named certain family members as beneficiaries. It may also be discovered that the elder, during a time when their mental capacity was questionable, made an amendment to their trust that disinherited their family members and named new beneficiaries. If this amendment were the result of undue influence, then the court can remedy the problem by ordering a "substituted judgment".

Most courts, including my hometown in Riverside County, California, will bend over backwards to honor a person's testamentary wishes as instructed in a trust document. Substituting the court's interpretation of that person's wishes, when two competing documents exist, is a difficult task and requires overwhelming evidence to prove the true intent of the elder.

The court will take into account many facts and circumstances in making its decision. Witnesses can be called to testify to the elder's mental state during the time that the original trust and amendment were created. However, the most compelling proof may be found in the elder's medical records at the time of the purported amendment.

During this time, the elder may have begun suffering from short or long term memory loss, or been diagnosed with dementia or some stage of Alzheimer's disease. Their doctor may have prescribed psychotropic medications - mood altering drugs to slow down the symptoms of mental incapacity.

Additionally, evidence of the relationships between the elder's family members (original beneficiaries) and the new (purported) beneficiaries can be presented. The new beneficiary may be a caregiver who has lived with the elder at their home in order to provide companionship care. This new relationship may have existed for only a few months before the trust amendment was made. An elder, with diminished mental capacity, can quickly be taken advantage of in this fashion. Discovering the identity of the person who drafted the trust amendment, how the elder was introduced to them and the circumstances surrounding the actual signing of the amendment, can provide significant proof of undue influence.

Substituted judgment is one of the remedies available to invalidate wrongful amendments to family trusts when an elderly victim is under a conservatorship. Time is of the essence and will require an elder law attorney who is experienced in issues involving elder financial abuse.

By: George Dickerman, Esq.
George F. Dickerman is an elder law attorney in Riverside County, California, practicing law for 23 years. To learn more about elder law issues, including substituted judgment, and to subscribe to a free newsletter that provides valuable information on how to assist your family members or loved ones, please visit http://Elder-Law-Advocate.com]]> http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry081018-162758
There are generally two kinds of conservatorships: over the person and over the estate. Many times, one conservatorship case includes both types.

To establish a conservatorship over the person, the court must find that the proposed conservatee is substantially unable to provide for their food, clothing and shelter. The petition to create a conservatorship is usually filed by a loved one or family member who recognizes the elder's inability to provide for these personal needs. In Riverside County, California, for example, the petition may be filed by the Public Guardian's Office when no family member or other interested person is available to assist.

A conservatorship over the person should occur only when no reasonable alternatives are available. A future article will discuss such alternatives, but these include informal assistance from loved ones and powers of attorney for health care decision making. Sometimes, an elder unquestionably needs assistance but will not voluntarily agree to accept it. Their deteriorating mental faculties prevent them from recognizing the need and they simply refuse any help.

When the court orders the establishment of a conservatorship over the person, it will appoint a conservator and grant that person the authority to make all necessary decisions to properly provide food, clothing and shelter for the conservatee. Often, these powers will also include the authority to make medical decisions.

To establish a conservatorship over the estate, the court must find that the proposed conservatee is substantially unable to make sound financial decisions or to resist fraud or undue influence. The circumstances necessary to show this condition usually involve an elder who fails to timely pay bills, open the mail, or respond to bank notices. A conservatorship over the estate can also be necessary when a perpetrator manipulates an elder and wrongfully takes money or property.

Alternatives to a conservatorship over the estate must also be explored. If the elder still possesses legal mental capacity, then a financial power of attorney can be created that provides a trustworthy agent the authority to assist with banking needs, bill payment and other financial decisions.

When the court appoints a conservator of the estate, then that person will be granted all powers necessary to marshal the elder's assets, receive income and make disbursements - all in accordance with the reasonable steps required to care for and maintain the elder's estate.

It is not necessary that the conservator live in the same county or state as the conservatee. Logistically, this would be the preferred choice. However, the court recognizes that the conservatee's family members may not live nearby but would still be the best choice to carry out the conservatorship duties on behalf of their loved one.

The court will require certain periodic reports and accountings by the conservator to make sure that all tasks are being performed for the sole benefit of the conservatee. This ensures that the conservator does not take advantage of the elder and allows the court to make recommendations when necessary.

Conservatorships are often a necessary legal procedure to assist those who can no longer sufficiently care for themselves. An elder law attorney can assist to make the process as easy to navigate as possible.

By: George Dickerman
George F. Dickerman is an elder law attorney in Riverside County, California, practising law for 23 years. To learn more about elder law issues, including the topic of conservatorship, and to subscribe to a free newsletter that provides valuable information on how to assist your family members and loved ones, please visit http://Elder-Law-Advocate.com ]]> http://law.californiapersonalinjuryattorneys.us/index.php?entry=entry081014-014407
Almost always, a trial by jury should be the preference of the elderly client's attorney. Although the number of jurors who hear a case may vary from state to state, twelve persons typically comprise a jury. A jury of ordinary citizens is more likely to experience sympathy for an elderly client than would a single judge hearing the case. A judge may have heard thousands of cases before and, as a result, is more likely to be somewhat hardened at the individual acts that the elderly plaintiff has suffered.

A jury, on the other hand, has not seen nor heard of such atrocities before, and may react more sympathetically than an experienced judge.

It is almost always a dangerous proposition to place the decision-making authority (verdict or judgment) into the hands of just one person. A judge may have a host of personal issues that affect his or her judgment. Their father or mother may have been terrible to them while they were growing up, and those many dreadful experiences may alter their ability to judge the facts fairly.

Where there are twelve jurors, the law requires that at least nine agree upon whether the defendant is liable. If at least nine jurors cannot agree, then the term "hung jury" applies and a mistrial will be found. If the elder-plaintiff desires to continue with his or her case, then a new trial will be required.

Although these ordinary citizens may initially gripe and moan at the prospect of having to appear for jury duty (quite understandable), most of them who are actually selected as jurors and hear the case are quite pleased with the experience and insight that they received into the actual courtroom workings of the judicial process.

This too, is in contrast to a judge who has been there and done that for twenty years and no longer sees the trial as a fresh experience and learning process. An old-time judge may have one goal: to get the case off his/her bench and reduce the caseload.

In certain cases, the elderly plaintiff may not have the right to a jury trial. These are called equity claims where, for example, the elder is seeking to quiet title to a parcel of real property and wants the court to determine ownership rights. The elderly plaintiff may be asking the court to impose upon the defendant what is called a constructive trust, and return legal title to the plaintiff. This too, is a claim in equity and the law generally does not provide the right to a jury trial.

In California though, even cases involving conservatorships can offer the right to a jury trial. A jury can be used to determine whether the elder needs a conservator to manage his/her finances. Although not often utilized, a jury trial can be held to decide this single issue. If a jury determines that a conservatorship is necessary, then their task is over and they will be dismissed. The case is then turned over to a judge who rules upon the remaining conservatorship issues.

When the right to a jury trial exists, the smart tack is to take advantage of the reasonableness and common sense of twelve ordinary citizens. Usually, at least nine out of twelve will get it right.

By: George Dickerman
George F. Dickerman, Esq., is an elder law attorney in Riverside County, California, practising law for 23 years. To learn more about elder law issues, and to subscribe to a free newsletter that provides valuable information on how to assist your family members or loved ones, please visit http://Elder-Law-Advocate.com.]]>