2012年2月11日星期六

Hiring a Criminal Defense Lawyer for Drug Charges

Probably one of the most serious cases that anyone could face is drug charges. In many countries, the consequences of being proven guilty of this crime are no joke, which includes paying hefty fines, jail time and of course, a permanent mark on the criminal record. Aside from this, being convicted for this case would definitely affect the reputation of a person significantly, reducing good opportunities that he could take. That is why, when facing this serious kind of charges, it is very important to be represented by a good criminal defense lawyer.
Lawyers are professionals who can represent people who are facing drug charges offense or defense. They are expert individuals who are well trained and experienced in handling this kind of circumstances. Being professionals who have dedicated their lives studying laws and court systems, they are well knowledgeable about the ins and outs of these kinds of charges.
Hiring a criminal defense lawyer from a good criminal law firm is very essential in order for a person charged with drug cases to have their rights protected. If a person is properly represented, he would be guided carefully on the proper process. This would prevent you from saying things that can push you deeper into conviction, and this is true even if the person being charged is innocent of the crime.
Aside from this, being properly represented in facing drug charges increases the chance of positive outcome. Lawyers have a wide connection in different kinds of fields, allowing you to gather necessary evidence that would be needed for the progress of the case. The more evidence and data are gathered, the better the chances of having a stronger case for the defense.
Since the role the lawyers would play in the case is very crucial, you should be sure that you would be making the proper choice in selecting the attorney who will represent you. You should be sure that he has a wide experience in the field and know exactly how to get you out of the case with the best deal possible.
You should also select someone who has a good personality, someone you would be willing to entrust your life and future to. The relationship between the lawyer and the defendant is very important, as the two needs to cooperate for the progress of the case, getting a lawyer who you would be confident working with would result into greater advantages in the case.


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Labour Laws in India

Labor laws in India not only regulate employment terms but also provide labor rights to the employees. They are specifically targeted towards the employer-employee relationship, and guarantee legal rights to the workers as well as promote workers' interests. The main aim of labor laws is to address the demands and needs of employees. These laws actually work towards bringing specific improvement in areas like working conditions, wages, working hours, protection of rights etc., to the employees.
The responsibility to protect and defend the interests of employees in general lies with the Ministry of Labour. The Ministry also has the liability to safe guard the welfare of those who constitute the underprivileged and the trivial classes of society. They particularly have to create a strong work atmosphere for higher production and efficiency. The Ministry tries to attain this intention by passing and applying labour laws standardizing the provisions and conditions of service and employment of employees.
Labor Laws can be broadly classified into two major categories as below:
Defining the relationship between employers, employees and trade unions.
Determining the laws relating to the rights of employees at their place of work.
Major laws which deal with labor issues especially with regard to the rights of workers are as below
Industrial Disputes Act 1947
Workmen's Compensation Act 1923
Minimum Wages Act 1936
Payment of Bonus Act, 1965
Payment of Gratuity 1972
Payment of Wages Act, 1936
Child Labor (Prohibition and Regulation) Act, 1986
Trade Unions Act, 1926
Maternity Benefit Act, 1961
Factories Act, 1948.
The Equal Remuneration Act, 1976
The Employee's State Insurance Act, 1948
Labor Law: Things to Know
The Industrial Disputes Act, 1947
This Act came into effect in 1947 and was provisioned for formation of works committees and Industrial tribunals, for promoting industrial peace. The committee consists of employers as well as representative of workers. The main aim is to enhance communication and the relationship between employers and employees; and to provide solutions for their disputes. This Act provides not only for the investigation and settlement of industrial disputes, but also focuses on the mechanism essential for settlement of differences between the employers' and the employees'. It has the right to lay down conditions to be observed before any termination or layoff is affected. Specific conditions before termination like one month notice and 15 days average pay as compensation are some of the rules of this act.
Workmen's Compensation Act 1923
This Act provides for issues related to compensation in case of any injuries arising out of or in course of employment. Accordingly, if the injury is deadly, resulting in an employee's death then his dependents have to be compensated. This Act also lays down the rates of compensation and the mode of calculating it.
Minimum Wages Act 1936
Minimum wages for the employees is specified in this act. Only the central and state Government has the rights to revise minimum wages specified in the schedule.
Payment of Wages Act 1936
This act concentrates on the time limits to be set, within which the wages should be dispersed to the employees. Only deductions authorized by the Act should be deducted.
Employees Provident Fund and Miscellaneous provisions Act 1952
This act ensures the employees financial security, by providing a system of compulsory savings. It states that the establishment should also contribute same amount as that made by the employee. As per the Act, 10-12% of the total wages should be contributed and is payable after retirement or as advance in case of any emergency.
Payment of Bonus Act 1965
This Act states that establishments who have more than 20 employees must pay bonus to their employees. The amount is calculated either on profits made or on productivity basis.
Payment of Gratuity Act 1972
Gratuity Act is applicable to those factories and other establishments who employ ten or more persons. When an employee completes 5 years of service then he is entitled for gratuity at the rate of 15 days salary for every year of service completed.
Maternity Benefit Act 1961
This Act provides for maternity and other benefits to female employees. It regulates employment of women for certain period prior to and following child-birth.
Industrial Employment Act 1946
This act requires that employers should define the terms and conditions of employment, and issue orders which are certified. This order should cover aspects relating to holidays, shifts, wages payment, leaves etc.
As soon as one completes the registration of a company in India it would be wise enough to appoint a professional who is aware of all the laws connected with labor so that no problems arise once the company starts its operations.
Several of the laws pointed out above relate to the unstructured sector also. Sometimes a separate notice may be obligatory to widen the relevance of a particular law to a fresh sector. It is helpful to perceive that some portion of legislation are more universal in character and effect across the panel to all sectors.

About this Author

Author: Ms. Sowmya Somaiah is a Company Secretary and Founder of "Sunshine Corporate Solutions Pvt Ltd" at Bangalore, India. For more information visit http://www.sunshinecorp.biz/
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Attorneys For Workers' Compensation Law

Have you been injured during working hours? Is your back blown out from heavy lifting and you can't work but need the money? Attorneys that specialize in this field can help you to conquer all situations and people working against your favor to look out for themselves.
The truth is, if you have been injured at work that is not part of the criteria for your job title. If you have been put in a situation where your physical being has been compromised because of a job then you are entitled compensation.
Workers comp started in 1929 and has become mandatory for people to be able to receive it ever since. Generally businesses with more than three employees have to be covered by worker's compensation insurance. This will allow you to live and pay your bills even when you are unable to work.
You do have to give notice to your employer of an injury that occurred on the job by filing a written notice first. That will cover you to qualify for workers comp as long as it is within 30 days from the incident. If you can't, two years is the absolute limit. But the longer that time goes on, the less of a chance you have to receive your workers comp.
If your injury is because of negligence of the company and you are not at fault then there will be no question of you getting your compensation. The more material you have, the more points you have against them and for your case. This will make the lawyer's job easier and quicker to bring you justice. In exchange for the ease of liability of your employer, the legislature has limited the benefits that you are entitled to receiving in the current system.
You may even be able to get disability from your insurance. They will calculate what you will get from your average weekly wage. Of course it won't be as much as your regular pay but it is also nontaxable. If you are out of work due to an injury for a week or more, then your insurance company will take over with payments temporarily.
The option of hiring a lawyer to make sure that you get what you deserve is the right thing to do. Not only will you be compensated for your losses, but it will take away the possibility of stress from financial woes.





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An Employees Guide to Overtime Wage Claims

Many employers do not pay employees properly. In most years, the Department of Labor receives approximately 35,000 complaints from employees about unpaid wages or benefits. These are some tips to make sure you are being paid properly.

  1. Keep a record of your hours independent of those that your employer may keep. Many employers fail to have adequate record keeping systems so it is often your word against the employer's word; and you are given the benefit of the doubt.
  2. If the Company has a policy and procedure manual, review it and keep it in a safe place at your home or office. Read what it says about hours and overtime pay. If your Company is not following its own policy, talk to someone at HR about it. For example, some companies have a policy that overtime must be authorized by a supervisor. If you are working overtime without authorization, you may not be able to enforce your claim.
  3. If your Company routinely assigns overtime work and you want it but do not receive it very often, make notes about who gets the overtime. This could be the basis for a discrimination complaint if, for example, overtime is only given to white males and the workforce is more diverse.
  4. If you are paid more than $455 per week and not paid overtime for work over 40 hours per week, your job duties may not qualify your employer to exempt you from overtime. There are a number of exemptions to overtime laws for executives, administrators, or professionals, however it makes sense to find out if you have been properly classified. For example, if you have no hiring or firing authority, if you do not supervise two or more employees or if you have no authority to make independent decisions that affect the management of the company you are working for, you may not be exempt no matter what title your employer gives you. "Executive Administrative Assistant" does not mean you are an exempt employee if your job duties are limited to answering phones, typing letters and ordering office supplies.
  5. Do not wait to make a claim once you believe you are not being paid properly. In most cases, overtime wages can be recouped for two years. In cases where the employer can be shown to have known he was not paying his employees correctly and was doing it anyway, you may be able to go back three years. But do not wait more than two years since your claim may be lost. As soon as you become aware that you are not being properly paid you should tell your employer. If he does not remedy the problem or if he gives you an explanation that you do not believe is accurate you should consult with an attorney.
  6. If you complain, do it in writing. Write an email or a memo or a letter to your employer and date it. If it is dated or time stamped there is no way the employer can later claim he was not aware of the claim.
  7. Do not be arrogant or confrontational or make threats about filing a lawsuit if you make a claim. If the employer is sophisticated he will generally know what will happen if he fails to remedy the problem. If the employer genuinely believes, for example, that you are exempt, he should look into your claim, consult his lawyer and get back to you with an explanation. If you are not satisfied with his explanation, consult with your own lawyer. Not all cases of exempt employees are black and white.
  8. If your employer changes your job duties to include supervision of two or more employees or otherwise tries to make you an exempt employee after you have complained, you should let him know that you are still entitled to past overtime wages for the period you were misclassified.
  9. If all else fails, sue your employer if he refuses to pay you properly or if he terminates you. Retaliation is unlawful and will entitle you to a variety of damages in addition to your overtime wages. You do not have to bring your claim to the Department of Labor or to the EEOC. You can go straight to court.
  10. Before you consult with an attorney, collect all your papers and made a detailed list of the hours worked in each week in which you claim you are entitled to overtime pay.

About this Author

If you would like to know more about unpaid wages or overtime pay you can visit http://www.employmentlawyersflorida.com/ for more information. If you are in Florida you can visit the Law office of Constantine W. Papas, P.A. in Tampa.


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2012年2月8日星期三

Are You Immigrating to Canada?

When it comes to immigrating to Canada, having a Canadian Immigration lawyer help you fill out the needed forms to successfully become a citizen of Canada is essential for making your transition smoother. Immigrating to Canada has required forms to fill out and each of these forms are for a specific type of person. Knowing what forms to fill out and when can seem overwhelming at the least.
No one wants to get all set for the big day only to find out that all the paperwork is not completed. As you take time to read over all the forms for filing, then deciding what type of immigration class you fall under and finally what documentation you need to provide, can feel overwhelmed quickly.
Did you know that there are 10 different types of Immigration types? Did you also know that there are specific types of Immigration Classes for those that live in Canada while filing and then separate forms for those that do not? Have you learned during your research that there is more than one type of employment class for immigration?
Answering these questions completely and fully, is what a Canadian Immigration lawyer is specialized to do. They can help your Immigration into Canada through a peace of mind that all the paperwork is completely correctly and file any necessary forms for the court system.
There are also those that wish to immigrate to Canada that fall under Sponsorship by a family member or a private sponsor. There are also those that are Canadian residents that had to stay outside of Canada for more than six months and wish to return.
There are also three other ways file for immigration into Canada, one is if you have been a resident of Canada for more than three years, applying to find proof of citizenship or also called the citizenship certificate and the search for citizenship record. You can file the proof of citizenship whether you are in Canada or outside of it.
Knowing all of this information is impossible unless you are specialized in Canadian immigration. Your Canadian Immigration Lawyer however has studied for years and currently deals with this on a daily basis. Having that kind of experience and know-how on your side while filing possibly the most important papers of your life only makes good common sense.
There is a lot of time required to filing for Immigration into Canada, spending that time wisely is by getting a Canadian Immigration Lawyer is the best way that you can spend it. Immigrating to Canada should be a time of joy and planning, let a specialist take care of all the preparation required and start your new future off the right way.
Max Chaudhary has helped 100's of now new Canadian Citizens obtain Canadian Immigration Status. If you need help with Canadian Immigration be sure to Contact Max Chaudhary at http://www.chaudharylaw.com/ or visit his office at Chaudhary Law Office, 18 Wynford Drive, Suite 707, Toronto, Ontario, M3C 3S2, Tel: 416-447-6118 for a consultation.
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Canada - The Wonderfully Preferred Immigration Destination

Canada is often referred to as the 'World of Opportunities.' This is very true as more and more people from all over the world are looking to migrate to this country in order to secure their financial position and to brighten their future prospects. Since the late 1940s, Canada has been one of those few economies in the world which have been growing consistently. He has constantly strived to maintain a good standard of living for her citizens as well as a strong economic system. Since after the recession that the world faced in the years 2008-2009, Canada had proved it capability by rebuilding its economy to that extent which no other country has been able to achieve.
Furthermore, according to the ratings and rankings of the IMF, Canada has been rated as the eighth largest economy in the whole world. Due to these reasons and many more, Canada has indeed become one of the most preferred emigration options among immigrants from all over the globe. After the depression in 2008-2009, Canada's various industries have been rising consistently. Also, the Canadian government made sure to take such steps which ensured that the well being, confidence and the economic growth of the Canadian citizens was restored.
The government of Canada is continually engaged in various programs to achieve the ends meet for the welfare of the people. One of these successful and popular programs was the BizPal one. It was an online programme which worked to assist new businesses to prosper. This has been done by simplifying the procedure that has to be followed while setting up a business, including the acquiring of a licence and other permits. Another effort in this direction was in the form of the Economic Action Plan. This plan was mainly introduced to ensure that the new businesses that are set up are able to provide a good number of employment opportunities.
It has been observed that in the recent years, the GDP of Canada (in terms of the purchasing power parity, the official exchange rate, the real growth rate as well as the per capita income) as compared to the other countries of the world has increased manifold. Canada has been the most encouraging and welcoming to migrants and has provided many opportunities to them for growth and stability. Moreover, this country offers various facilities like public libraries, social services, recreational facilities, free public education, et al. to help the immigrants to easily adjust in the new place.
Want to migrate to Canada? To get free advice and updates on immigration, visa and immigration news click here.
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Are You Immigrating to Canada As a Skilled Worker

Expert Author Max Chaudhary
The skilled worker program is the one most often applied under. It is set up so that people from outside Canada who have skills learned in their home country can immigrate to Canada. However, there is a catch; you have to be skilled, educated or experienced in one of the skills that Canada needs to fill out its work force. At the moment there are 29 occupations that you can qualify under in order to be accepted as a skilled immigrant.
If you have the experience and training in one of the necessary fields, you still have to meet all the other considerations involved in immigrating. For instance, when immigrating to Canada you must past a language test in either English or French. You must be able to speak one or the other of these languages well enough to communicate with people on the street and at work. This requirement is to help immigrants be able to integrate into the community if their application is accepted.
Other qualities that are assessed during the application process are:

  • Education
  • Work experience
  • Age
  • Ability to adapt to life in Canada
  • Pre-arranged employment

If you have a pre-arranged employment offer you may be able to get the application approved even if you are not skilled at one of the occupations that are in demand for immigrants. You will have to have paper work from your prospective employer that states that you will be given a job. However, just having a pre-arranged job offer will not be enough to ensure that your application for immigration will be accepted if you do not meet all the other requirements.
The most common reason for an immigration application to be denied is improperly filled out forms. Considering the number of forms that must be filled out and the vagueness and repetitive nature of some of the questions this is really not surprising. In an effort to make the forms more efficient the Canadian immigration office has a habit of asking the same question in a variety of ways. This is confusing to say the least. Many people make the mistake of thinking that since they have already enter information on another form that the second and third questions must be asking for different information.
To ensure that you are not caught in this trap of forms and vagueness, you should consider hiring a Canadian immigration lawyer to help you. The Canadian immigration office will tell you that this is not necessary; however, they are not the ones paying the application processing fee repeatedly if the application is denied either.
Max Chaudhary has helped 100's of now new Canadian Citizens obtain Canadian Immigration Status. If you need a Mississauga Immigration Lawyer to help with Canadian Immigration be sure to Contact Max Chaudhary at http://www.immigrationlawyermississauga.ca/ or visit his office at Chaudhary Law Office, 18 Wynford Drive, Suite 707, Toronto, Ontario, M3C 3S2, Tel: 416-447-6118 for a consultation.
Article Source: http://EzineArticles.com/?expert=Max_Chaudhary

How Long Does It Take to Apply for a New US Passport

US passport is the zenith in the journey of a US citizen and getting it is, definitely not an easy process. Despite the difficulties that are strewn across the path towards getting a US passport, we can find more and more applicants going for it. Why? Is it that much important? Of course, Yes!
With this Passport, international travels will be much easy and stress free. Is this not convenient for businessmen, professionals and for any category of people who are frequently flying in and out of the US?
Get a US Passport as soon as you have become a US citizen
Becoming a citizen of the US is possible only with a green card status. So applying for a US passport begins with the process of becoming a permanent resident and then a citizen. From green card holder to US citizen and to US passport holder.
USCIS instructs its applicants to apply for a passport as soon as they have got their citizenship certificates. This is because travels may be unplanned and may happen all of a sudden. So having a passport ready in hand will not spoil any of our travel plans.
Applying for a US passport
The process of application varies for adult applicants and minors. One thing that is common to both is that the application should be submitted in person only as they are first time applicants.
Adult applicants should complete Form DS-11 as per the specified instructions. Documents for proof of their citizenship status, identification documents (photocopy), passport sized photo (one number) and the current fee should accompany the passport application.
Minor applicants should also complete Form DS-11 as per the specified instructions. Documents for evidence of their citizenship status, existing relationship between child and parent(s), identification of parents (photocopy), parental consent, current fee and passport sized photo (one number) should be attached along with the passport application. In case the child is under the care of a guardian, then it is essential that proof of their citizenship status and identification documents should be attached with the application.
Filling up the application form will be easy if the applicants stick to the given instructions. This can be done online or in hand but the entire application package should be submitted in person only. Contrary to other applications, this one should not be signed until and unless, the applicants are asked to do so in the presence of an Acceptance Agent. SSN number is essential and should be provided on the application.
Where to submit it?
Once the application has been completed without any errors and all the needed documents have been attached, applicants should send it a local Passport Application Acceptance Facility. In case the applicant is applying outside the US for a US passport, then he/she should consult the nearest Embassy or Consulate for instructions. Also if an applicant wants to get a US passport at the earliest - to get a foreign visa within 4 weeks or the international travel is planned in less than 2 weeks, then he/she can schedule an appointment at a Regional Passport Agency.
How long to wait before getting a US passport?
Routine applications are processed within 4-6 weeks (approximately only) of filing in the application. For expedited services, it is about 2-3 weeks from the date of submitting the passport application.
Keeping track of applications
Within 5 to 7 days of submitting the application, applicants can keep track of the same online. This is only for routine processing as applications that are under expedite processing can be tracked earlier.
"If you are interested in learning more on how to renew green card, Green Card Application, Permanent Resident Card, Naturalization Application, US Passport Renewal, Tourist Visa and other types of US Visas, visit Immigration Direct"
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Why You Need to Invest in Australia


Investment is putting money in a business or organization which will give benefits in the future. Certain investments will give the benefits in the near future while some will give after a longer period of time. Well, during the past, it was just businessmen who used to think in investments, but now the common man is also willing to invest.
There are various areas where one can invest, but investing in some other country, which is developing well or has shown some great improvements in the past, is a good idea. One of the best countries where you can invest is Australia. There are great opportunities which could yield handsome earnings.
The first question which comes up is why anybody has to choose Australia for investment purposes. There are several reasons which can make the investment a profitable exercise. Here are some of the reasons:
1. Strong economic credentials
2. Growing foreign investment
3. Democratic and Politically stable
4. Business friendly regulatory environment
5. Strategic location
6. Highly skilled & multilingual work force
7. Innovative culture and excellent Research & Development (R&D)
8. Strong & sophisticated financial services sector
9. Cost competitive location
10. Excellent quality of life
These are the few reasons which make the nation a perfect country for investment purposes. If one goes with the economic growth, it has been found that during the last eight years the Australian economy has grown with an average of 3.4%.
Besides being a wonderful country wherein one could invest, it is also a good nation wherein people can easily find new business opportunities. Since there are superb investment opportunities, the hunt for new business ventures increases automatically.
There are various sectors wherein one can think of investing in. Well before choosing one must observe these sectors closely. The sectors are as follows:
1. Financial services
2. Clean energy
3. Biotechnology
4. Advanced manufacturing
5. Infrastructure
6. Food and Beverage
7. Resources
8. Information and Communications Technology (ICT)
9. Agribusiness
The clean energy is one of the business areas which might help you to reap profits after a long time. Last year the Australian Government introduced new reforms which could help in reducing carbon pollution and thus cleaning the environment. Canberra even made a $5billion investment for cleaning-up the environment.
Another sector which is considered to be one of the best sectors is the ICT. This is one which has grown significantly and one can find the results quickly. According to sources, Australia's ICT market is worth $100 billion approximately.
With these kinds of investment and business opportunities, Australia is a perfect place where people must seek to invest in. The nation's economy has been ranked among the top three in the Asia-Pacific region for its competitiveness during 2009. It is just behind the US.
ABHINAV Immigration is the World's leading Immigration and visa Consultation Company since its inception in 1994. Abhinav is engaged in providing professional assistance to immigrants and visa applicants applying for work permits, residence permit or Australian immigration program.
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Why You Need a Medical Exam for an Australian Partner Visa

When you apply for an Australian visa, no matter which one you are applying for, you and all the members of your family have to be examined by medical professionals. This also includes dependents who may not live with you and who are not traveling with you to Australia. If you, or any of your dependants do not meet the health requirements, it is likely that your visa will not be approved.
So, what examinations make up the medical assessment? Normally, a general medical exam, a chest radiograph and some laboratory tests are requested. This usually takes some time and all the medical fees will be your responsibility. The results you get from these exams are valid just for one year.
For the reason mentioned above, you have to be careful not to make an appointment with a doctor immediately after lodging your Australian partner visa application. The sensible thing to do in most cases is to wait until you are contacted by your case officer, who (in some cases) will not even have you take a medical exam.
Another important aspect you have to take into account is deciding on a doctor. You had better contact your nearest Australian embassy, and request a list of approved medical practitioners in your area.
If you're pregnant, you may choose not to be x-rayed until after your child is born. This, however, might delay your application for a visa.
There are certain medical conditions that will probably cause your visa application being refused:
- Tuberculosis
- Other conditions that require treatment, support or assistance that the Australian authorities consider to be in short supply, or have a high cost.
If you're applying in the country, you should visit the health care system Medibank Solutions to request an appointment. It's recommended to do this before you lodge your Australian partner visa application. If you live in a rural area you can contact the Department of Immigration to request more information.
If you're applying overseas, in some cases you can be medically examined before you lodge your application. This will allow you to lodge a complete, valid application, which will help speed up your processing time. This service, however, is not available in all countries, so I would recommend you contact your nearest Australian Embassy for more information on how to do this.
Normally, your medical results will be asked 6 months after your application has been received. However, this period can be drastically affected by various factors, so each case is unique.
To learn more about how to apply for an Australian partner visa head over australianpartnervisa.net.
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2012年2月7日星期二

On Guard Against Identity Theft: Basic Facts

Identity theft is generally considered to be the fastest-growing crime in the United States. The term itself refers to obtaining and using the personal identifying information of another person in order to fraudulently obtain goods and services. Personal identifying information includes things such as your name, date of birth, and Social Security number.
Roughly 700,000 people a year become victims of this crime. However, it is continually on the rise, with thieves employing a wide gamut of tactics from sophisticated online "phishing" scams to low-tech strategies like dumpster-diving. Thus, It is becoming more common - especially since the advent of the information age, when so much vital info about the world - and each other - is practically at our fingertips. That being the case, it goes without saying that practically anyone can become a victim.
The most common form of identity theft is credit card fraud; it is estimated to cost consumers hundreds of millions - some say billions - of dollars per year. Next is utilities fraud, followed by bank fraud. Credit card fraud can be particularly insidious, as you may not discover for quite some time that someone has, for instance, opened a new line of credit in your name and charged thousands of dollars to the account before leaving you stuck with the bill.
There are ways to protect yourself from identity theft. Credit monitoring, for instance, is absolutely critical to identity theft defense. Fortunately, you can obtain a free credit report from each of the three major credit-reporting agencies (Equifax, Experian and TransUnion) annually. Thus, you can get a free copy of your credit report - one from a different credit-reporting agency - every four months. Likewise, regularly checking and balancing your bank account statements will also help you stay abreast of any irregularities that could be indicative of identity theft.
If you are already the victim of identity theft, it can be a long and arduous road getting back to some semblance of normalcy. On average, it is believed that it takes victims of identity theft six months to a year (and sometimes longer) to get matters rectified to some reasonable extent. This includes trying to recover money taken from bank accounts, as well as avoiding liability for goods and services that were never purchased or received (at least by the victim). Unfortunately, there is no sure-fire method to avoid becoming a victim. All you can do is take what precautions you can in order to mount a adequate identity theft defense. Just remember: it's easier to avoid becoming a victim than to recover from being one. In other words, this is truly a case where an ounce of prevention is worth a pound of cure.
The author runs a blog devoted to identity theft defense and protection: http://www.identitytheftdefensehq.com/
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How to Protect Yourself From Identity Theft, Fraud and Phishing

Identity theft is an ever-increasing issue given the sheer amount of people who are having financial difficulties due to the worldwide financial crisis. You can only protect yourself against identity theft, do not leave it up to anyone else to help you.
There are some basic measures we can all take to reduce the risk. The first of which I would suggest would be two have two separate email addresses, one for your financial business, and the other for everything else.
So your online banking, PayPal, your accountant and just about anything you buy online, you should use your financial email address. Use a very difficult password with a minimum of 10 characters including capitals and symbols and don't give this email address out to anyone else. The reason we include any purchases in this email is that you are giving your financial information away to these sites included card numbers and pertinently, your address.
Use the email address only for your financial transactions and never give it even to friends. Use your other email address for everything else.
It's fairly obvious why you wouldn't want people getting hold of your bank details or card number, but the reasons run a little deeper as to why we wouldn't want people accessing this email address. If they guessed your password what would they have access to? A few online purchase receipts (with your address on), details of your PayPal account which they can access to withdraw cash to themselves, your online banking login details? You might think "Well just because someone can access my email doesn't mean they could access your PayPal or online banking accounts" and you would only be partly correct. All they need is access to your email address and they could request a new password be sent. Bang! You're in trouble.
If you have to write down the password and place it in your purse or wallet do so, it's better than making it an easy password to guess or hack.
This has been really focussed on fraud, but there is another, more insidious factor, we need to bear in mind. That factor is identity theft.
Identity theft, to my mind, is worse than fraud. Yes fraud involves stealing your own assets, but identity theft runs deeper than that, they steal your identity and take out loans and credit cards in your name. When the lender comes calling, they are going to be calling the named lender, you! This can not only hurt you financially, but can also affect your future ability to lend, your reputation and your health.
You are particularly susceptible if you create relationships online, i.e. from dating or from social networking. The whole process is ripe for identity theft, it is all about getting to know someone so you can give out very personal information during the course of the chat. For example, they want to know how old you are, you tell them because it's one of those things that come up a lot. But let's take the conversation further:
"What star sign are you?" "Wow I'm Virgo too, when's your birthday?" It all seems innocuous enough, but if you tell them, they combine it with your age and they have your date of birth as easily as that.
Let's go back to the earlier example of them accessing your email. If you have one email address and you give it out, to exchange photos or something (or bear in mind how much information you show on Facebook) they can go to your email provider and pick the option that you have forgotten your password, they can they find out what your security question is and either find the answer by searching through Facebook or directly asking you. As an example, the security question might be your first pets name. They then might start asking questions about your past. "Where were you born?" "Do you have any brothers?" "Were you a happy child" "Did you have any pets?" and before you know it you're discussing fluffy your first rabbit and how it got stuck in your boots. They can then close the conversation, go to your email account and unblock your inbox.
So they have your date of birth and access to your email account, all they need to do is login, find the receipt for the table you bought a week ago and BAM they have your address. And all they have had to do is ask a few questions, ones that are asked every day, very innocuous.
Let's go back to the conversation. They have asked where you were born. In the UK the only information someone needs in order to get a real copy of your birth certificate is your name, town of birth and date of birth. With your birth certificate they have the basis of your whole life.
Where else can someone get your address? Are you on an online directory? Like for example is your phone number listed? The electoral role? Can they search your surname and area and find you?
If you are going to meet someone, do it in a public place, don't show them pictures of your house or your car, all these things can be traced.
Once someone has your address you are open to having your whole life destroyed.
They can apply for loans, credit cards in your name, they could also change your address at your bank although this makes it more likely they will be caught. But if someone has your address and date of birth, and takes out a loan in your name using your credit history by telling them you have recently moved address. Of course this means that the lender will come to you on the first default, also your future credit options will be limited.
Even without your address, if they have your date of birth and birth town it doesn't take much more to get your birth certificate which in some respects can be used to prove your identity. Let's say they want to open a basic bank account in your name, they can take out an electricity account in your name with no ID requirements, when you get your first bill, this can be used as proof of your address, with that, along with your birth certificate, they can open a basic bank account with no credit facility. But after a bit of time they can easily use your electricity bill, bank account statement and birth certificate to take out a contract phone in your name giving them a credit file and history. After a bit of time they can use this credit file to take an overdraft and/or loan in your name, even a mortgage. They can also use your bills to apply for a replacement driving license in your name.
It's surprisingly easy to do all the above simply by knowing your date of birth and address, or in the US your social security number.
So you have to protect yourself. Start off by saving your important emails to your computer and deleting them from your email account. Open a new email account and protect it with a top notch password. Further protect it with a security question that is unusual, one that might cause you to question it if it comes up in conversation. If all the questions are easy then substitute the real answer with one that you will remember that's incorrect, i.e. Mothers maiden name: table.
Be very careful what personal information you give out during normal conversation, it might be a good idea to train yourself to re-read anything you write before you click send.
Be aware also that even your nearest and dearest can steal your identity. I once investigated a case for a woman who's best friend had stolen her identity. In cases like this, I would suggest signing up with a credit reference agency who will be able to email you whenever a change to your file has been logged.
Finally, how do we rectify identity theft? Well if you are in the US, you can call the Federal trade commission on 1-877-IDTHEFT and the IRS on 1-800-908-4490. You should also report it to the Internet Crime Complaint Center. If in the UK, report it to the police first and foremost, then contact the lenders and give them the crime reference number. Keep a close eye on your credit report and deal with issues as they arise. Give your crime reference number to your bank and any lenders you have. Any company part of the finance act has guidelines on how to assist in these circumstances and they will be able to provide you with further information and support.
Phishing websites.
Phishing is the practise of someone getting you to reveal your bank account (or other account) details by way of a form that looks just like the real thing. Most of these scams are done through emails and you will receive it from a legitimate looking address, it might tell you that there is a problem with your account and you should click the link to get it unblocked. The email looks genuine, the link looks genuine and the page it takes you to looks genuine. The way to always stop these in their tracks is to hover over the genuine looking link and read the actual destination link that pops up in a small box, this is the actual destination rather than what is actually typed in the email. Is this destination address taking you through to the right place? If not, delete it. An example destination address might read paypall.com and you might miss the extra L if you wasn't specifically looking for it.
Most financial institutions have a fraud department dedicated to investigating these matters so you can always forward on the email to the company it is purported to have come from. As an example, there was a recent story that the HMRC (British version of the IRS) were sending out tax refunds to people, the stories were correct, but phishers were sending emails to people asking them to log onto a fake online form where they could collect the details. Once I read it and seen it wasn't genuine I forwarded this straight to the HMRC fraud department. Whether anything comes of it they don't say but I hope they catch the culprits.
About the author
Dave P Thompson is a security expert of high regard. Dave operates the highly successful ScamSeeker.org website offering free investigative services to anyone.
Also stars as a public speaker dealing with consumer security protection, offering advice on identity theft, phishing and fraud.
To learn more, please visit ScamSeeker.org


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Stay Organized and Protect Yourself From Identity Theft

Every year, thousands of people are made victims by identity theft. Modern telecommunications devices and computer processing can make it easier for us to stay in touch and process transactions, yet they can also make it easier for criminals to get hold of valuable information.
Be it paper or digital, preventing the wrong element from getting a hold of information they can use to steal from you and others, is important.
Imagine your children's information being used to establish credit cards and loans before they are even old enough to work. Imaging your identity stolen and your credit rating trashed for bad debt that someone else created for you. Worse yet, imagine being arrested for crimes you never committed.
In doing some research on the topic, these are just some of the scenarios I found that identity theft victims have had to live through.
Your safety is my concern, and so in order to prevent any one of these stories from ever being yours, today I offer some tips on identity theft prevention to help you protect yourself, your loved ones, and your business.
Common ways to protect yourself:
Paperwork
One easy first step to helping prevent someone from getting a hold of your private details is to invest in a paper shredder. Expect to spend $30.00 - $100.00 depending on what your volume of shredding may be. Shred personal information, credit card and debit card receipts, pre-approved credit applications etc. Cross cut shredders that can handle full sheets of paper make shredding easy and effective.
You can also bring your papers to service providers who make it their business to shred your docs on site. Some will even come to you, should you have a significant amount of documentation to destroy.
Around Town
When using your debit and credit cards, watch who is standing around you. Guard your pin number from prying eyes. Also, try not to carry extra credit cards you don't use. That goes for cards like you Social Insurance Number too. Better to leave that in a safe at home if you can.
For added security for your credit cards, cover up the 3 digit code on the back too. Memorize those numbers or write it down in a secret place somewhere separate from the card. That way you won't be sharing that code to everyone you hand your credit card too. I personally got stung on this one not long ago.
At the Mail Box
When ordering checks, have them delivered to your local bank instead of to your home. If getting new cards mailed to you, watch that they come on time. If you suspect it's late call the card company to see when it was mailed. If too much time has passed, have the card canceled. Same can go for your bills too.
On-Line
Secure your computer with anti-virus, anti-malware and anti-spyware programs. Have a firewall set up and when shopping on-line be sure that the site you are providing your private details to, is secure.
Set clever passwords for your on-line accounts. Combo's of letters and numbers is best. Don't use things like your mother maiden name or the city you were born in.
Personal Information
Unless you initiated the call yourself, do not give out personal information over the phone. Keep in mind too that there is technology available to monitor cell phone calls, so use a land-line if you can when you are going to give personal information over the phone. And another tip is to keep your phone number or social security number off of your personal checks.
Some key information that you should be diligent in protecting would be, your full name, date of birth, address, credit card numbers, Social Insurance Number (SIN) and any other personal identification numbers that could be used to open accounts, redirect mail, establish cell phone services, rent vehicles or even secure employment.
Stay Safe!
Michelle Panzlaff
Owner & Principal Organizer
Tidy Tiger Solutions helps individuals and businesses by working with them to create customized solutions designed around their needs. At home or in the office you can simplify your life and benefit from increased efficiency.
Vist Tidy's website to learn more about the benefits of getting organized.
Free gifts and printables and much more at http://www.tidytiger.biz/
Article Source: http://EzineArticles.com/?expert=Michelle_Panzlaff


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Understanding Identity Protection

Identity theft protection is one of the most critical things that you can do, specifically in this day and age when everybody is putting a great deal of private information on the internet and shopping on the internet frequently. If you're seeking a bit more information with regards to identity protection, you've definitely come to the right place, which is certainly true. We will talk about the importance of protecting your identity and a few of the things which you can keep in mind when you are thinking about this important matter here in this short article.
Your credit card information and facts and your social security number are the two things you should be worried about. This information is the most important information out there, and this is the sort of information that people are often stealing on the web. There are several pointers that can definitely help you as getting your identity stolen is certainly a significant issue that you do not want to have to manage.
It is crucial that you monitor your bank accounts and credit card accounts on a daily basis so that you can be sure that all of the charges are charges that you've really authorized. You should also get a credit report every so often so you can ensure there have not been accounts opened in your name or related to your social security number. If you do see unauthorized activity, you need to report it immediately and take the necessary action steps to make sure that it doesn't happen again.
Making sure that you prevent this before it really happens is the best thing to do. You can buy software such as Lifelock to accomplish this. If you do this, your data will be protected each time you get something on the web or enter your very own information anywhere on the net, and that's definitely a very important thing.
You wish to browse around and read some reviews to get the best protection when considering identity theft protection and the purchasing of software such as this. For instance, if you're thinking about Identity Guard, you can search for "Identity Guard reviews" in Google and see what results show up. Reading about the kinds of experiences other consumers have had with these programs is essential. You need to find identity theft protection that has a great deal of reviews that are positive since these programs will be the very best, you will find.
There are many things that you must remember when you are thinking about identity protection. Hopefully you have a better knowledge of this topic in general and you're more prepared to take precautions to protect your identity now that you have read this article. If you protect your identity in the correct way, you need to be able to prevent unwanted incidents and save yourself lots of time, money, and hassle in the long run.
If you're concerned about your identity, it might be a smart idea to get some more facts about Lifelock and also Identity Guard reviews.
Article Source: http://EzineArticles.com/?expert=Byron_Dyson

Are You High Risk for Identity Theft? Get Protection

Identity thieves originally went after high value targets that had the most money. Nowadays, they have gone out of that comfort zone and target lower income groups who make for easier pickings. Identity theft cases have skyrocketed in the 21st century fueled by technological advancements. It is becoming easier for identity thieves to get information about people which they eventually use to carry out fraudulent activities. Although identity thieves prefer richer people, their information is not as easy to come by compared to low income earners. The following people are more vulnerable to identity theft.
Frequent users of social networks. Research suggests that people who frequently use social networks are vulnerable to identity theft due to the possibility of sharing personally identifiable information. People who have used such networks online for over five years are twice as likely to fall victim to identity theft.
People who reside in apartments in major cities. Identity theft in this case is made possible by the ease by which mail can be intercepted by identity thieves. This group of people also move house frequently. This means that mail can easily land in the wrong hands at a previous residence.
It has become fairly obvious that online shoppers have the highest risk factor when it comes to becoming a victim of this kind of theft. This is because they usually give out loads of sensitive personal information and even credit card numbers.
A proactive approach can serve as a good means of preventing theft. The following are some steps that can be taken to deal with the risk of identity theft.
Always ensure that on changing addresses, you inform the people that send you regular mail such as banks. This will prevent your mail from landing in the wrong hands.
Always shred documents that have personally identifiable information before throwing them in the trash. Even better, burn items with highly sensitive data.
Always cancel all credit cards that you no longer use. People usually get shocked to see purchases made with unused credit cards.
Always have passwords that are hard to guess. Password-protected accounts usually have personal information within them.
Memorize all important numbers such as social security numbers so as not to leave them lying around on a written piece of paper. If not, save them in a secure password-protected location.
Check your bank statement every month to make sure that all transactions were performed by you.
Always make sure that any website you use to make online purchases is genuine. Such websites are usually validated and make use of secure connections.
Britney Fuller is a writer who enjoys writing on a number of different verticals. For more on identity theft, Online Security Authority offers readers information on tips for job seekers concerned with identity theft.


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Easy Tips to Protect Yourself From Rogue Identity Theft

Identity theft is a heightening concern for many of us.
Spotlighted regularly on the news and shows like Dateline, identity theft is a particularly frightful subject and could cause the victim all types of emotional pain and monetary trouble. For this reason it is very important to know how to protect identity theft from affecting you.
This kind of theft can happen by countless techniques such as someone using your Social Security, checks, cards, driver's license and much more.
Fortunately, there are lots of things you can do to protect identity theft from hurting your life.
Documents are the most serious problem for most people. Stopping document theft all circles around how you handle and dispose of those documents.
From bank records to hospital bills, you get mail consistently that is always full of your private info. You would think in this computer dominated world, they could ultimately put a stop to all of these paper bills and documents and just send you everything electronically. However, that would not come about for quite some time.
Though you could contact your financial institutions yourself to do so, as that is one great thing to add to your list of how to protect from identity theft through the mail.
Another tip on how to protect from identity theft is to make sure you rip up or shred anything with your information on it.
Using a shredder might be easier for you as constantly ripping by hand may be a problem. Once shredded, make sure it is not visible in your trash bag.
Besides documents, there are several more tips on how to protect identity theft from entering your life that should generally be known, but can often be overlooked.
For example, you should be aware that checks definitely make it easy to take your money. When you're out you should never bring your social security card, birth certificate or checkbook. They not only have your private info, but they also have your checking account number and routing number right on them.
Some folks even put their Social Security ID right there on the check! Don't do that. This is definitely not how you protect from identity theft. In fact you'd be kind of inviting it, and the check with the social security on it is the invitation.
Using your common sense and information can go a long way in safeguarding yourself. Be conscious of these things, and keep your identity safe.
Rebecca Jones has dedicated her life to helping people improve their financial lives, as well as to show you how to protect identity theft from hurting you and your loved ones. To get exclusive info you won't find anywhere else, visit http://howprotectidentitytheft.com/
Article Source: http://EzineArticles.com/?expert=Rebecca_I_Jones

Identity Theft - The Problem That Just Won't Go Away

Identity theft is serious, and it's something that every individual, business, nonprofit, and government agency must be concerned with, it's up to YOU to take responsibility to protect yourself and learn what's needed to secure your data, banking information, passwords, personal information, and transactional processes. Do not expect the "Cloud" or the government to protect you.
In many cases the government is one of the largest collectors of information and all too often this information is public record or easily attainable, in other cases the unthinkable, the government computers are hacked and the hackers collect personal information. Nearly, every large corporation has been infiltrated at one time or another and lost data, most large companies report attempted hacking attacks on nearly a daily basis. The US Military notes that someone tries to infiltrate its computers every minute.
Are you scared yet? You should be, and just because you think you are little peanuts and no one would want your information, think again. You are not safe and you must pay attention. I hope you will consider this article your starting point to learn more, and to protect yourself, and your computer systems. Also, don't be naïve to think that all those apps you are using on your smart phone or tablet are automatically safe or don't also require some due diligence as well.
Today, there are so many ways to steal information thieves rarely go through the trash anymore to collect bits and fragments to hijack your banking and financial records, today, the hackers seem to be able to get into nearly any computer system, even some of the most secure corporations and agencies on said planet - if they aren't safe, you surely aren't. And if you've been lucky so far, congratulations, but don't continue your bad habits or lax security thinking your luck won't run out, it may have already and you don't even know it yet.
Today, identity theft has surpassed all other crimes, even the illegal drug trade, so we are talking about 10s of billions of dollars, some of your dollars included if you don't wise up and protect yourself. This is your wake up call, the next move is your choice, you can do nothing until one day your identity is stolen, or you can act now and secure your data, and information so that you will not have it stolen. Please educate yourself and think on what I've said here today, your financial future may well depend on it.
Lance Winslow has launched a new provocative series of eBooks on Identity Theft. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net/

Amazon Protects Against Fraud With Multi-Factor Authentication

Amazon.com has not only become the largest online bookstore, but is also a multinational ecommerce company. The company has been spreading its reach like branches of a river while supplying goods to countries across the world. Amazon.com started off by profiting from being an online book brokering system and later offering many products. Amazon.com grew its business through online associates in the form of users.
When scaling a company by having users contributing to both ends of business, buying and selling, fraudulent and malicious activities become inevitable. Amazon did not become one of the largest ecommerce websites in the world by lacking in security though. In 2009, Amazon started to offer multi-factor authentication to protect its users against fraud. They now offer free identification through any mobile device or computer which can run a Time-Based One-Time Password application. They also offer paid multi-factor authentication through a third party proprietary authentication token from Gemalto which is supposed to offer higher security.
Free Amazon Multi-Factor Authentication
If you are able to run a time-based one-time password application on your smart phone, tablet or computer you can utilize the free AWS MFA process. Using this method, when you log into your account with your traditional username and password, a token will be delivered to the application. The token is a one-time password that is generated from an out-of-band network separate from the user's login network which reduces the chances of man in the middle attacks and makes the authentication process more secure.
Gemalto Multi-Factor Authentication
To increase security even further, Amazon's users may pay for service through Gemalto which offers a keyfob device for authentication. Amazon states Gemalto's third part proprietary token device offers better security than the free process. After the RSA hard token breaches, many people are skeptical about the proprietary OTP token's security.
Secure Cloud Computing
Amazon, like many companies, is run on a cloud of servers which allows remote access of data to many users at once. Amazon.com and its cloud network offer financial information to its publishers so they can track their earnings. A publisher's user account could display earnings and options for payment to the user. This is one of the reasons why the need for authentication security using a multi-factor process was necessary.
One of the most secure forms of protection for any company storing data on the cloud is by using an out-of-band, multi-factor authentication process which Amazon has implemented. This is especially true for ecommerce websites which may be storing financial data and personal information belonging to thousands of users. This added layer of security could be the very reason why the multinational electronic commerce corporation has not been present on recent data breach lists.
2011 was the year of data breaches and more companies are becoming like Amazon and are starting to utilize cloud computing. Will these companies follow suit to provide better protection and privacy to their users that are accessing information on the cloud or will there be a bigger data breach list containing more corporations in 2012? Companies utilizing the cloud to store and access information need to add additional layers of security to protect the information and the best way for them to do that is to utilize multi factor authentication.
Adam is a network security professional who believes out-of-band authentication is the most secure form of two factor authentication utilizing a one-time password. He writes to inform businesses about upcoming changes to government regulatory compliance and remote access security.
Article Source: http://EzineArticles.com/?expert=Adam_Quart

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2012年2月6日星期一

No-Fault Divorce in New York

New York has finally enacted a no-fault divorce law. It was the last American state to do so and legal practitioners are still absorbing the changes. Proponents of the new law were required to pay a political price by agreeing to the simultaneous enactment of some new financial rules.
While the no-fault element of the new legislation grabbed all of the headlines, it is the new financial rules that have had the most impact. These changes relate to temporary spousal maintenance, modification of child support orders and counsel fees.
No more grounds trials in New York divorce cases
The new law adds "irretrievable breakdown of the marriage" for a period of at least six months as a seventh ground for divorce in New York. It may be asserted by only one spouse, even over the objection of the other.
Previously a defendant could delay or even block a divorce case by contesting the divorce grounds, thereby requiring a "grounds trial" before any of the economic or custody issues could be heard, let alone finally resolved. The opportunity to pursue such tactics has now disappeared. Indeed, New York courts have since ruled that there can be no trial of the issue of whether the marriage has, in fact, "irretrievably" broken down.
This means, much to the chagrin of a legion of Brooklyn gumshoes, that divorce lawyers in New York no longer need to routinely prove that the defendant was guilty of "cruel and inhuman treatment" of such severity that medical attention was required on two separate occasions or on-the-scene evidence of adultery witnessed by a third party.
Spouses who are desperate to be freed from the bonds of matrimony (just so that they become so bound once again) need no longer move from New York to the New Jersey shore for a year in order to satisfy the New Jersey jurisdictional law. Nor must they use financial resources to persuade their soon-to-be-ex-spouses to accept the allegations of cruelty, abandonment or adultery in a New York divorce petition.
Now New York has a distinction that it usually works very hard to avoid. It's basically just like the rest of America! - but only as far as the grounds for divorce are concerned.
Temporary or interim maintenance
The new legislation completely changes temporary spousal support in New York, while leaving permanent support untouched. It establishes a new formula to determine the amount of interim spousal maintenance ("temporary alimony") for the period during which a divorce case is pending.
The old law merely provided a laundry list of factors that a court should consider when determining temporary spousal support. This provided little predictability and encouraged heavy and expensive motion practice. The new law provides the courts with a mathematical standard that they should presumptively apply in every case.


Article Source: http://EzineArticles.com/6850598

New York's No-Fault Law

The old law was focused primarily on the needs of the parties, especially the party in need. The new law changes this completely. Interim spousal support is now intended to reduce the gap between the incomes of the respective spouses, rather than merely address a spouse's needs. It was certainly the hope and the expectation of women's groups that this would create more generous awards.
Simply put, under the new law a spouse who has less than two-thirds of the income of the other spouse is automatically entitled to monthly interim spousal support to reduce the income gap between the two spouses. Specifically, the statute requires the court to set temporary maintenance as either (i) 30% of the moneyed spouse's income less 20 percent of the non-moneyed spouse's income or (ii) 40% of the couple's combined income less the non-moneyed spouse's income, whichever is lower.
The court may deviate from the formula if the result would be "unjust and inappropriate" but only if the court explains its reasons in writing and makes specific reference to a "laundry list" of 17 factors that it must consider in doing so. The authors of the statute seem to have intended to appeal to the natural inclination of busy judges to apply the arithmetical formula in most cases rather than writing lengthy opinions that might then be subject to appellate review.
This creates a significant problem because the statutory formula is extremely simple while the real life of families is invariably far more complex. The formula does not factor in child support issues or the payment of household expenses. It is not integrated with the statutory provisions for child support. It makes no provision for medical insurance or housing. It operates independently of the division of marital property which does not take place in New York until the conclusion of a divorce case.
The unfairness of a purely arithmetical approach is well illustrated by one early case. The husband earned $156,000 a year and the wife only earned $33,000.The statutory formula for temporary spousal support on top of the husband's obligation for child support would have left the husband with income of only one-half of his wife's and he would have been unable to maintain the matrimonial residence. The trial judge chose to deviate from the statutory formula to avoid what he perceived as an unfair result but he was required to explain his reasons for doing so in substantial detail. Given the volume of cases before the courts the question arises as to how many judges will, indeed, do so. Certainly the number of reported cases of such deviations has been extremely modest.
The statutory calculation applies only on the first $500,000 of income. For income above that the court is required to consider the 17 factors in the above-referenced "laundry list" plus two additional special factors. Whether all of this will help or hurt the spouse of a very high earner remains to be seen.
One might think that the impact of the new law will be minor because it covers interim support but not permanent support. Logically that should be the case. However, New York has a tradition that the temporary becomes the permanent. Again, time will tell.
Mr. Jeremy D. Morley is an international lawyer & advisor who is well-known for hague convention & international family law issues.

How Long Are Divorce Proceedings Expected To Last?

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Learn How To Find The Best Family Attorney For Any Aspect Of Collaborative Law

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What the Role Is of a Family Law Advisor

If there are any minor or major issues within a family, they may need to receive family law advice and to help resolve the situation. It is not necessary to get support of lawyers in every domestic violence case, but it will be good to consult them in some instances. When compared with other legal fields, domestic violence or divorce cases tend to be much more peaceful and do not include as complicated laws as some other fields.
Usually, there are some typical divorce cases where people will need the help of a family law advisor such as dealing with child custody or in deciding where the alimony should be paid. If there are issues in a case and a couple is not able to solve it by themselves, then they may need to seek outside help. Prior to consulting any attorneys, you need to make sure that there are lawyers who have relevant experience and a proven track record with domestic cases or have handled similar cases before. However, if someone is on good terms with their ex-spouse, then there may not be any need for lawyers and things can be sorted out mutually. Actually, it is advised to have good relation with their spouse, so that their kids are not affected and they would not suffer any kind of emotional trauma.
The services of family law advisors are not limited just to helping a family that is splitting up but many family issues can be solved through their assistance. For example, if a couple is planning for an adoption, then they may need the support of an attorney as the process requires lot of paperwork. These attorneys can also implement stipulations on parents who are very abusive or not fit to look after children.
A family lawyer should also have the ability to prevent child abuse. There are many instances where young kids require legal assistance in terms of domestic violence or abused and it is the right for every child to live in a happy and loving family. These lawyers should then take the responsibility to search for the best family who can adopt them.
In retrospect, families will have disputes and many will be resolved quickly and mutually. However, there are some more serious cases that may need legal intervention from family law advisors to settle them effectively and to prevent the situation from worsening or happening again in the future.
Hawkins Law firm is located in the Snead Building in Arab, Alabama. Hawkins Law LLC assists individuals and businesses with a broad range of legal services including Litigation and Appellate Advocacy. For more information call now (256) 586-4510 or visit our website HawkinsLawLLC.com.

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Why Is It Important To Know Family Law?

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