Alimony and Divorce

Understanding that alimony relates to the standard of living in the marriage is crucial. Basically, when the marriage ends, the best scenario is that both spouses keep their standard of living as they were before the divorce. If you are the spouse making all or most of the money, the theory behind alimony is that you are going to have to share that income with your former spouse. The standard of living is how you live and how much it costs to maintain that lifestyle. This standard of living is different for each household, but it comes down to how much you had to spend while you were married and how you spent that money.

In any divorce settlement, the spouses’ income is always addressed, and if you are the spouse that is earning substantially more income, it is likely that you will have to make alimony payments to your spouse. These payments, sometimes known as spousal support, are typically paid each month until a date that is set by a judge several years in the future. However, if you are the spouse paying the alimony, you may not have to continue paying it if your former spouse remarries or if your child no longer needs a full-time parent at home. There are other reasons where you may not have to pay alimony any longer after a divorce. For instance, if you are going into retirement, a judge can possibly modify the amount paid in alimony. Also, if a judge states that after a certain time that your former spouse has not made a real effort to become partially self-supporting, it is possible that you may not have to make further alimony payments.

If you and your former spouse cannot agree on the amount and length of time of the alimony payments, then a court will need to set agreement terms. Having the court make these decisions can be somewhat costly – in time and money. If a spouse refuses to pay alimony, it is recommended to seek legal counsel, like Kessler & Solomiany, LLC, soon to enforce the alimony order. Courts take these orders very seriously, so if you are the spouse that is required to pay the alimony, it is important to make every effort to pay the ordered amount.

Alimony is granted based on you and your family’s needs. For example, if you are the spouse receiving the alimony and your children live with you, alimony needs to include enough money to care for you and your children. Consideration is also given to the other spouse’s ability to pay the alimony, but still meet his/her needs as well.

Resolving issues with alimony can be rather stressful and one of the most difficult issues in a divorce. Sometimes mediation is helpful for both parties to see clearly what needs to be addressed. Additionally, if a child is involved, any alimony granted must account for the overall well-being of the child as well. A mediation process can help the two parties reach a settlement that meets both of their needs.

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Cybercriminals take over Nashville

The dawn of the internet brought forth an unprecedented era of technological and industrial growth. What used to fill rooms with equipment worth millions can now fit in our hands for a few hundred dollars. People are more connected than ever, but as with most things that seem too good to be true, there are definitely consequences. Cyberbullying, breaking into other networks to steal sensitive information, and hosting illegal media in the cloud have all become issues in just the last few decades. Because of this, an entirely new division of criminal law has developed to address it.

According to this Nashville news site, in the beginning of August, a woman flying on a Southwest Airlines flight reported to the flight crew that someone sitting in front of her was texting about molesting children. She secretly took pictures of the text messages, which were bright and clearly visible from her seat, and once the flight touched down the FBI and the police were already on the scene. The man was arrested, and soon after the female recipient of the text messages was arrested as well. The couple was charged and booked on a host of charges, including rape of a child in the first degree and sexual exploitation of a minor.The woman was released shortly after booking because the prosecutors could not come up with the charging documents quickly enough. The FBI arrested her again, however, for conspiracy to produce child pornography. Thanks to an upstanding citizen, the three children the couple lived with were saved from these predators. Two of the children have been identified as victims and are now safe.

Used mostly in regards to human trafficking, there is a saying on nearly all forms of public transportation: “If you see something, say something.” When it comes to the exploitation of children, there is no room for error, and every little thing must be treated as a legitimate concern. Of course, it is not so black and white in other situations involving the internet. Many criminal defense lawyers in Nashville have cyber crimes divisions, and they can help establish what constitutes criminal activity on the internet, especially if you suspect that a child is being lured in by an internet predator, or if you notice someone near you on public transportation chatting about the sexual exploitation of a minor.

Some people may question whether or not it is right for law enforcement to search you or your property for what you said over the internet, but when you do so in such a public space, it no longer becomes a private conversation. Conversations over public networks should also not be considered private speech, and you must assume that if a conversation is public, there is a chance a police officer could overhear you. Either way, we must all do our part to protect the next generation and give them the best opportunity at an excellent life, and cracking down on cyber crimes can help countless children.

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Lack of Informed Consent as a Medical Malpractice Claim

When you think about medical malpractice, you always imagine scenarios where a doctor has done an incompetent error, like a surgical error, and the patient ends up getting hurt. That is understandable, because that is indeed a typical medical malpractice claim.

But it is important to know what medical malpractice really is, because it is much broader than you realize. A medical malpractice happens when the following scenarios happen: a medical professional has the duty of care to a patient, the medical professional has an action or inaction that can be considered negligent, reckless, or incompetent, and the action or inaction has resulted into the harm of the patient. So, it is not just about surgical errors, because any careless act can be a reason for a medical malpractice claim.

According to the website of Habush Habush & Rottier S.C. ®, one manifestation of medical malpractice is the lack of informed consent. Lack of informed consent happens when a patient has technically consented to a treatment process, has done so without too much knowledge, and has ended up injured. The patient should be informed regarding a variety of things before he can have an “informed consent,” such as the following:

·       The medical professional’s name and qualifications

·       The patient’s medical condition

·       The treatment process’s description

·       The treatment process’s nature

·       Why the treatment process is needed

·       The treatment process’s goal

·       The treatment process’s risks

·       The treatment process’s chance of success

·       Alternative treatment methods

This way, the patient can make an informed decision whether he wants to give consent or not to undergo the treatment process. This can be very crucial, because there are treatment processes that may have details that may make the patient back out, like when they have too much risks compared to what the patient is comfortable with or too little success rate to make them worth it.

If a patient undergoes the treatment process without having full knowledge of what it is and what could be, and has ended up getting hurt, he may have a legal option, in the form of a medical malpractice claim under the lack of informed consent.

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Ways of Managing the Symptoms of Irritable Bowel Syndrome (IBS) on a Daily Basis

Irritable bowel syndrome (IBS) is a chronic disorder that affects the colon or large intestine. It causes abdominal cramps, bloating, and a change in bowel movement. Some people with IBS suffer from constipation (this is called IBS-C, or IBS with constipation), while others suffer from diarrhea (IBS-D or IBS with diarrhea). There are also cases wherein pattern of constipation and diarrhea alternate (this is IBS-M or mixed IBS).

Medical professionals are not sure as to the real cause of IBS. One thing is certain, though – that it affects women more than men and that it is more often found in people below 45 years old. Its symptoms also vary from one person to another, but the most common are mucus in the stool, violent episodes of diarrhea, constipation, constipation alternating with diarrhea, gas and bloated feeling, belly pains or cramps, changes in bowel movement patterns, and harder or looser stools than normal.

As explained by the GastroCare LI center, IBS doesn’t necessarily have a cure; however, the following treatment options can help a patient manage its symptoms on a daily basis:

  • Lifestyle changes
  • Stress management (since stress is also said to worsen IBS symptoms)
  • Medications
  • Probiotics
  • Talk therapy
  • Mindfulness training
  • Diet and nutrition counseling

The following medications may also help treat IBS:

  • Antispasmodics, which can control colon muscle spasms;
  • Antidiarrheal drugs, which may help with diarrhea;
  • Laxatives, which relieves constipation;
  • Antidepressants (since stress can worsen IBS symptoms);
  • Linaclotide (Linzess), which can relieve constipation by making bowel movements happen more often; and,
  • Lubiprostone (Amitiza), which treats IBS with constipation in women (it is not known if this drug will work in men).

Anyone with IBS can get help, but there is no single treatment that will works for everyone since its symptoms can be triggered by anything, including medicines, certain foods, presence of gas or stool, and even emotional stress. Thus, a doctor may require a patient to undergo different lab tests to help him/her determine what actually causes the symptoms.

 

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ATV Safety Tips

ATVs or All-Terrain Vehicles are popular recreational machines. This also means that many drivers are at risk of ATV accidents. According to the website of the Goings Law Firm, LLC, those who have been injured in an ATV accident can take legal actions against reckless or unqualified operators. To avoid ATV accidents, it is important that you yourself practice safety procedures.

Get Adequate Training
All-terrain vehicles are simple machines, but it doesn’t mean that they can easily be operated by anyone. They are still vehicles that require driving skills, safety precautions, and knowledge of the vehicles’ limits.

Wear Protective Gear
You will never know when an accident may happen, no matter how safely you drive. It is best to always wear protective gear to minimize damage, such as helmets, gloves, and boots. It is also important to wear gears specifically designed for the terrain, such as goggles to protect your eyes from sand and reflective clothing for places with low visibility.

Inspect the ATV
If you are planning to ride, make it a habit to inspect the ride itself for defects and parts that may malfunction, such as the controls, brakes, and tires. ATVs should also be well-maintained to make sure that it is in top condition.

Avoid Riding Alone
Riding alone is not just unfun, as it can also put you at risk. If you are alone and an emergency or accident has occurred, you may not be able to get adequate help immediately. Such emergencies and accidents include running out of gas, malfunctioning of ATV parts, crashing into inaccessible spots, and getting injured.

Avoid Taking Passengers
You should ride with other people, but it doesn’t mean that you should take them as passengers. Most ATVs are designed for one person only, and having a passenger puts both of you in danger of crashing and injuring yourselves.

No Alcohol or Drugs
Alcohol and drugs can compromise your ability to operate the ATV and judgment skills, putting not just you at risk of accidents, but also the others around you. Products that may impair you may be fun for you for a short time, but it wouldn’t be so fun if they become the triggers of an ATV accident.

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