Monday, May 31, 2010

Understanding Your Job - Chapter Two

We all occupy roles in our lives. We are fathers, mothers, sons, daughters, brothers, sisters. We grow up performing these roles. You are born a son, you build relationships with peers, maybe you'll have children to then become a grandfather or grandmother. And so, these roles get hard-wired into our minds. We learn how to behave, what is expected from us and what to expect from others depending on which role we occupy at any given time and it takes no effort to exercise them, we do it on auto-pilot.

Family provides the foundations for our socialization (It's our primary group). It creates the model under which we will base all our future interactions. As we grow older, our universe expands giving place to secondary socialization groups such as friends, educators, acquaintances, mentors and/or supervisors. They all share a basic structure and MO (modus operandi). That structure is based on authority/power and the way we deal with it will be primarily based on our first experiences (within our families); and to a lesser extent (but by no means unimportant) on our interactions with the aforementioned secondary groups of socialization. In other words, since the moment we are born we get conditioned to operate within an authority matrix.

Now let's simplify things a bit. Let's assume that authority is a status (something topic) and power a force (something dynamic). When applied to people we get two possible movements -vertical and horizontal- and three possible configurations - you are either above, below or at the same level than someone. Now, extrapolating theory to practice we should be able to identify these movements and configurations in our workplaces.

Have you ever experienced or heard someone saying "My boss treats me like (or as if I were) her son"? Have you ever found yourself adopting a "sibling stance" towards your boss? Have you ever patronized a subordinate? These are the dynamics we were talking about just a moment ago. We reproduce our past experiences and internalized roles in the relationships we develop while at work. We do it unconsciously and we tend to reproduce this behaviors wherever we go, and unless we become aware of this we'll adopt the same roles over and over again in job after job because it's just the way we were configured (and this is not a passive process, it's interactive) to be.

For the past couple of years I've worked with tens of Residential Counselors (who work with an adolescent population), and you know which ones are the best at what they do? You are right, those who have children. It's easier for them because they've learned how to position themselves when dealing with clients, and they do it effortlessly (most of them without even knowing how they accomplish it). You know which ones struggle the most? You are right again, younger people who don't have kids. Why? Because they are very experienced at being "sons or daughters" but they don't exactly know how to assume an authority role. If you become a manager at a relatively young age you'd better be very well aware of this dynamics because otherwise, making some decisions will be a painful experience (specially when you have to say "no" to older people).

As with most things in life, knowing where you stand gives you one half of the solution. The other half is up to you.

Sunday, May 30, 2010

Strange Laws Around the World

There are many strange laws still in operation around the world. Most are no longer enforced, but technically you could be prosecuted if you break the following laws.

IN THE UNITED STATES

In Ohio it is illegal to get a fish drunk.
If you are in a plane over Alaska you can't look at a Moose.
In Tennessee, it is illegal to drive if you are asleep.
In Alabama it is illegal to drive while blindfolded.
In New York, it is illegal to drive a car if you are blind.
In Missouri, a permit is required if a man wants to shave.
In Virginia, chickens must lay their eggs between 8am and 4pm.
In Indiana, it is illegal to dress Barbie in Ken's clothes.
In Kentucky it is illegal to paint your lawn red. Any other colour is fine.
In Florida unmarried women can be jailed if they parachute on a Sunday.
In Miami, it is illegal to imitate an animal.
In Los Angeles, it is illegal to tell a customer you are really an actor.
In Kentucky, you must bath at least once a year.
In North Carolina it is illegal for dogs and cats to fight.
In Philadelphia you can't put pretzels in bags.
Corruption is illegal in Virginia, except for politicians, who are allowed to be as corrupt as they like.
In Pennsylvania, it is illegal to put a dollar on a string and pull it away when someone tries to pick it up.

IN THE UNITED KINGDOM

It is illegal to die in the Houses of Parliament.
A pregnant woman can legally urinate anywhere she wants, including if she requests, in a policeman's hat.
A bed may not be hung out of a window.
It is illegal to eat mince pies on 25th December.
Damaging grass is illegal.
In York it is legal to murder a Scotsman within its ancient city walls but only if he is carrying a bow and arrow.
In Liverpool, it is illegal for saleswomen to be topless, but only in tropical fish stores.
In London, taxis are required to carry a bale of hay and a sack of oats.

IN THE REST OF THE WORLD

In Australia, it is illegal to roam the streets wearing black clothes, felt shoes and black shoe polish on your face as these items are the tools of a cat burglar.
In Toronto in Canada, it is illegal to drive a street car on a Sunday if you have been eating garlic.
In France it is illegal to name a pig Napoleon
In Israel, it is illegal to pick your nose on a Sunday.
In Iceland, it is illegal to blow on lampposts.
In Hong Kong, a woman can kill her husband if he has cheated on her. She must use her bare hand though. This isn't a requirement for the man's lover, who can be killed by any means necessary.
In Samoa, it is illegal to forget your wife's birthday.
In Space, it is illegal to hear someone deliberately.

Saturday, May 29, 2010

Do You Automatically Lose Your House by Filing a Chapter 7 Bankruptcy?

Since Chapter 13 bankruptcy in Missouri and Illinois includes a repayment plan, it doesn't come with the same fears that are commonly held with a Chapter 7 bankruptcy in Missouri and Illinois. Many people think, "Will I lose my home? Will I lose my car? "Or will I lose my furniture?"

You will not necessarily lose any of those things. In fact, in my more than 15 years as a Missouri and Illinois bankruptcy lawyer, most of my clients haven't lost anything. Why? Because the number one job of a bankruptcy attorney is to protect the property that is important to you.

Every state has specific laws regarding exemptions that help you protect your property in a bankruptcy filing. They do so by protecting a certain amount of equity in things like your house, your car or truck, household goods, furnishings, IRAs, retirement plans, the cash value in life insurance, wages and workers compensation claims. Of course, each state has slightly different exemptions but both Missouri and Illinois have sizeable exemptions that have prevented most of my more than 30,000 clients from losing anything. In Missouri, bankruptcy filers can even use a "wildcard" exemption to protect any other property.

Remember, keeping property requires that you continue to make payments. There shouldn't be much of a chance of losing your property if you continue to make your payments and the exemptions provided in your state cover above the amount that is still owed. And how much easier would it be to make your house or car payment without a garnishment on your wages, inflated credit card payments, and the constant worry of repossession or foreclosure? That feeling of relief must be why Chapter 7 bankruptcy filings are hitting their highest levels since the laws changed in 2005.

Plus, if Chapter 7 exemptions won't be enough for you, you've still got options. A Missouri or Illinois bankruptcy lawyer can help you file a Chapter 13 bankruptcy, which allows you to keep more of your property and reorganizes your debt at the same time.

Don't forget, the best St. Louis, Missouri or Fairview Heights, Illinois bankruptcy attorney will know how to help you keep the property that is most important to you. Don't undervalue the work a great Missouri and Illinois bankruptcy attorney can do for you; it could be the difference between keeping your house and losing it in a Chapter 7 bankruptcy. How can you tell if the attorney you've selected is the best in your area? The best attorneys in your state or city will offer you tons of free information and even free publications before you even speak with them about filing.

Friday, May 28, 2010

Reverse Email Trace and IP Trace to Stop Internet Harassment

Internet harassment has become an increasingly common problem in recent years, but it can be easily addressed through the use such tools as reverse email trace and IP trace. One who has had an encounter with this kind of harassment should seek the help of a private investigator who is experienced the matter. Most private investigators are able to source the person behind the harassment in a matter of hours from just one email.

Maybe you've had the unfortunate experience of dealing with internet harassment, or perhaps you were unaware that it had even occurred. If you have received annoying or insulting emails from someone on numerous occasions, that is considered internet harassment. On a worse scale, if you've ever been threatened in a single email, that as well is internet harassment. It may have been the result of some brief interaction you had with someone over the internet, or possibly from someone with whom you have regular dealings. Either way, it's still considered all the same, some incidents just being worse than others.

You probably just deleted the emails, and ignored the person who sent them to you. And that's a common reaction for a lot of people who deal with internet harassment. It's a quick fix, and initially it may seem to be all that's needed. What about the person who won't stop sending those emails? And if you don't know who it is, then what do you do?

Well, you definitely want to consider employing the services of a private investigator. You'll need to have one or more of the harassing emails available for them to examine, usually one per offending email address. They will be able to perform a complete email trace from each of the emails and hopefully identify the sender. Additionally, you may want them to go a step further and conduct an IP trace as well, which will determine their exact location, or at least where they sent the emails from. This could come in hand if things get hectic and you have to involve law enforcement.

Each of these services combined are quite powerful, and will allow you to find out who you need to contact to report the abuse. The full email trace report will give you the real name of the sender of the emails, not just what they used to create the email accounts. You'll be given their address, a contact phone number, and if it's there to be found, the private investigator can even find out their place of employment. This is far more information than you'll ever get from the free email lookups that are floating around the internet. Most of the results from those aren't even real, they're just a mashup of information taken from other sites public databases. With a highly trained expert private investigator on your side, you can be confident that you'll be able to get right to the root of your internet harassment problems.

You don't have to put up with it, there is help available. Even if you're only dealing with pesky annoying emails, you might want to put an end to it before it gets worse. You need to find a reliable private investigator to take your case, and one who is an expert in the area of email tracing.

Thursday, May 27, 2010

Can I Refuse to Take a Breathalyzer Test?

When you are pulled over on suspicion of DUI, you may be asked to submit to a Breathalyzer test. The alcohol Breathalyzer test will measure the amount of alcohol in your blood stream. Most people have heard of the Breathalyzer, but there is a lot of confusion about what it does exactly and whether or not you should agree to take one.

In fact, you may not even know that you are allowed to refuse the Breathalyzer test. While you do not have to take the alcohol Breathalyzer, you may suffer some negative consequences by refusing the Breathalyzer.

Before you are asked to give a Breathalyzer test, you will usually be asked to perform several field sobriety tests. You can and should refuse to submit to any field sobriety tests.

For some states, refusing a Breathalyzer test means that you go to jail, period. It can actually be considered a crime to refuse a Breathalyzer in some states. That means that refusing a Breathalyzer may cause you to serve more jail time than of you were only convicted for DUI. In addition, in some states when you refuse a Breathalyzer it is considered evidence that you think you are guilty. As you can see, there are some negative consequences of refusing a Breathalyzer.

While many people believe that Breathalyzer tests are highly scientific and irrefutable, in reality they are not 100% accurate. In fact, there have been arguments that the Breathalyzer, while very sensitive, yields results that are not specific enough. That means that while they will test positive for the alcohol in your blood, other chemicals may also cause positive results. If this happens your Breathalyzer results will be falsely elevated.

Breathalyzers can yield false positives from several medical conditions including diabetes, smoking and alcoholism. Inhaling other chemicals such as paint fumes can also lead to positive Breathalyzer results. As a result, your alcohol Breathalyzer test result may not be completely accurate.

Often a positive Breathalyzer result will lead to another test. Alcohol levels can also be determined from testing your urine or blood, not just from a Breathalyzer. These tests are more specific and are preferred as evidence in court over the Breathalyzer test results. These tests are used to confirm what was found in the alcohol Breathalyzer before proceeding with a conviction.

When you are asked to take a Breathalyzer test, you do have the right to refuse. However, you should think about the consequences of refusing. If you are in doubt about whether to take a Breathalyzer, you can always ask to speak with your attorney. At that point the police will end all testing, including the Breathalyzer. However, you will still be booked for the DUI. If you are confident that you are below the legal limit. You can take the Breathalyzer test and then you will be free to go on your way if you are below the legal limit.

Wednesday, May 26, 2010

Landlord Advice in Rent Control Markets

Introduction

In America, rent control laws were first introduced during World Wars I and II as a response to shortages and economic pressure. Today they are either leftover laws from these time periods or have been reintroduced by a state according to need. The most important point to remember is that rent control laws can vary widely from state to state, and from county to county. Even cities in the same county can have different laws due to various demands in markets and local demographics. So, you should conduct an inquiry as to the details of your city's control laws. This article provides basic background information on residential rent control.

Basic Background

Rent control laws are set by a local board which determines the price ceiling for rent rates. The board determines the rates by considering various factors including cost of living, average rent prices in the area, and the type of rental unit. For example, some local boards apply rent control laws that are specific only to a certain type of building, such as large complexes or multi-floored apartments. As you can see, these factors will all vary from region to region.

Generally, rent control laws require a landlord to fix the rental price while the tenant is under a lease. This means that so long as the tenant is under the lease, the landlord cannot raise the rent. Or, they can only raise rent by a certain annual limit designated by the local board. Only when the unit becomes vacant can the landlord raise the rent in anticipation of a new lease with a new tenant. Some laws prohibit raising rent even if the unit is vacant. Those laws can also limit the landlord's ability to evict a tenant, especially without just cause.

Basically, rent control means that the landlord can set the initial rent amount, but cannot raise the rent or is severely limited in the amount they can raise the rent.

The effect of controlling rent is that the longer the tenant stays in the unit, the rental payment becomes relatively less compared to the average rates in the surrounding area. So, the laws tend to favor the tenant, and most landlords dislike rent control. Instead of stabilizing rent rates, rent control laws can sometimes create pockets of disproportionate rates within a community. Those control laws can also have the unintended effect of limiting the amount of available housing in a city, since housing contractors can be hesitant to build in cities with it.

Consequently, many landlords are critical of those laws, although they must be abided by. Failure to adhere to the practices can result in legal sanctions for the landlord.

Vacancy Decontrol- What happens when the unit becomes vacant

A legal phrase that frequently comes up during rental rate control discussions is the term "vacancy decontrol". Vacancy decontrol refers to ordinances regulating rent prices once a unit becomes vacant. As described above, most landlords will want to raise the rent after a lease is completed and the unit becomes vacant. Vacancy decontrol laws regulate whether the landlord can raise rent, and if so, by how much.

Usually when formulating vacancy decontrol rates the local board considers such factors as the tenant's income and the previous rental rate. Ordinances that do not include vacancy decontrol provisions are known as "strong rent control" laws. Be sure to check for vacancy decontrol regulations when making a inquiry in your area.

Rent Control Preemption- Prohibiting It

In response to an endless barrage of complaints by both landlords and tenants, several states have adopted legislation that prevents local municipalities from imposing control laws. Legislative acts that prevent those laws are known as the Rent Control Preemption acts.

The term "preemption" means that the state's decision to prohibit rent control overrides the local government's authority to impose such laws. This means that if your state has adopted Rent Control Preemption, then it's not allowed by law in your state.

Again, different states adopt preemption acts in various ways- some states adopt in whole while others adopt only part of the act. Usually the state will implement a preemption provision that has the following language:

"A local governmental unit shall not enact, maintain, or enforce an ordinance that would have the effect of controlling the amount of rent charged for leasing residential or commercial property."

Even if the state has not preempted rent control, some states do make it very difficult for tenants to qualify for it. For example, in New York a tenant only qualifies if they have lived in their unit since 1971. This basically allows a greater number of landlords to raise rent according to their needs. Check to see if your state has preempted rent control (see the following lists below).

Laws By Region: States That Allow vs. States Preempting

Currently, only five states allow controlling rent. In contrast, several of the 50 states have adopted some form of preemption, and a handful of states neither enforce nor preempt the laws.

States that do allow rent control are:


California
District of Columbia
Maryland
New Jersey
New York

States that have adopted preemption (do not allow) are:


Alabama
Arizona
Arkansas
Colorado
Connecticut
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
New Hampshire
New Mexico
North Carolina
North Dakota
Oklahoma
Oregon
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming

States that neither enforce nor preempt are:


Alaska
Delaware
Hawaii
Maine
Montana
Nebraska
Nevada
Ohio
Pennsylvania
Rhode Island
West Virginia

Rent control by city or county is largely dependent on the demographics of the city. A main factor in determining it by city is the turnover rate between new tenants. Cities wherein tenants leave or change residences very quickly are favored targets for those ordinances. Examples of such places are college towns like Berkeley, California or metropolitan areas like New York or Los Angeles. Unlike suburban or rural areas where there are less tenants coming and going, heavily populated cities tend to strictly enforce those laws.

In Mobile Home Parks

Another aspect of rent control laws has to do with mobile home parks. Out of all residential arrangements, mobile home communities are probably the most regulated under control laws. This is because most mobile home owners own their mobile home units but rent the land on which it is situated. Mobile homes are also very costly to move and lose value when they are moved. Thus, in some areas rent control focuses mainly on mobile homes. For example, California has only 13 laws but over 100 laws regulating mobile homes.

Recap: What to consider if you are a landlord

To recap, landlords should be able to answer the following questions regarding rent control and their residential unit:


Is my residential unit subject to local control laws?
If there are local control laws, do they include vacancy decontrol provisions?
Does the state I live in preempt rent control?

Tuesday, May 25, 2010

Internet Jurisdiction - Can You Sue From Home?

If you purchase an item on a small business website, but the product you receive does not conform to the specifications as indicated on the merchants website, what can you do? Can you file litigation in your home state, or must you sue them where the company is headquartered? Moreover, do you even have standing to assert a claim against a small business or individual seller?

In order to bring a suit, as in any other dispute, you as the injured party must be able to demonstrate jurisdiction. The court must have personal jurisdiction and subject matter jurisdiction over the area of law. This is an essential element of a claim because you generally want to be able to sue in your home county, let alone the state to which you're domiciled. The expense of traveling to another state and retaining local counsel can often offset the benefits even if you win your case. More to the point, if you can compel your adversary to travel to your state, the cost to defend the claim may be so cost prohibitive that you can effectuate a settlement over the claim with out ever appearing in court.

The key to determine if the court holds the power to bind a decision to the defendant is whether personal jurisdiction attaches. In Internet related cases, personal jurisdiction looks at the minimum contacts the seller has established in your state. The legal standard to consider is whether their commercial conduct has been continuous, voluntary, systematic and intentional.

Pursuant to Massachusetts's law, you can force a seller to litigate the claims in the jurisdiction of Massachusetts if they have filed for a foreign certificate of state, which is required of all businesses conducting commerce in Massachusetts. These companies who do file are also required to record a registered agent, who can be sued within the state. This registered agent can be found on Secretary of the State's website. In addition Rule 4 of the Massachusetts Rules of Civil Procedure, provides additional direction to hail defendants from foreign jurisdictions into the state.

Yet another method to demonstrate minimum contacts is to show that the seller is using geo-targeted pay per click (PPC) Google or Yahoo ads, coupled with a history of generating revenue from your state.

On the other side of the coin, a bad eBay or Craigslist transaction where a seller put his or her item for bid to anyone, anywhere and where you buy the item, would likely be held by a court as a lack of the aforementioned minimum contacts.

The bottom line is that determining the proper Internet Jurisdiction is not a simple matter. It require some investigation and a knowledge of your state's procedural law. It is always a good idea to consult with an attorney in your area who has a basis of knowledge relating to cyber law.

Monday, May 24, 2010

Louisiana Lawyers Online

In the present computer and communication boom, it is not difficult to find the right Louisiana lawyer for a particular case. There are various online sites that offer the services of some of the leading Louisiana attorneys, lawyers and law firms. The various links and websites assist the client in finding the best Louisiana legal representation for the case. These various websites provide information about the different lawyers, their expertise and their addresses. These promotion sites also implement marketing strategies in the form of search engines that result in lawyers getting case leads via the net and without direct contact.

There are lawyers and law firms who are prepared to give free evaluation of the case to the client online. In such cases, the client can get a legal opinion free of charge. It is important for the clients to know their rights and understand them, to claim compensation. Most Louisiana lawyers work in a way wherein the client has to pay legal fees only when the case is won.

There are firms that deal only with previously untried issues, involving price fixing, consumer rights, civil rights, securities, and those injured by environmental pollutions. There have been several landmark cases tried which have resulted in groundbreaking decisions. There are lawyers who deal with novel cases such as litigation cases of people injured in hormone replacement therapy drugs. The websites give access to all these lawyers.

Despite the plethora of information available on the net regarding lawyers, it is imperative that the client should research thoroughly the Louisiana attorney?s background to verify and ensure that he suits the legal requirements of the case.

Sunday, May 23, 2010

MO LLC - 7 Major Requirements For a Missouri LLC Formation

In Missouri, the MO LLC is now the most popular choice among entrepreneurs starting businesses in the state. Over 30,000 limited liability companies are formed each year in this state.

Now, many attempt to form one only to find out that their filing is defective in some way because it does not meet the requirements of the Missouri Limited Liability Company Act. Even worse, others might be able to get a filing processed by the state but find out later there was something incomplete or noncompliant with MO LLC legal requirements.

You want to avoid any of these problems as they can cause you significant liability and problems later in your business life. This Article summarizes the 7 requirements for an LLC formation filing under Missouri LLC laws.

1. MISSOURI LLC NAME REQUIREMENTS

Section 347 sets forth specific requirement for a MO LLC name. For one it must include an LLC designation at the end and two it must be distinguishable from other names of record with the state. Always perform a name search prior to submitting a filing.

2. PURPOSE OF MO LLC, Section 347.039(2) of the Act

The formation documents must include a statement setting forth the LLC's purpose. Missouri state does allow you to use a general statement provision and accepts a standard language provision here. It is advised for most business to keep this purpose broad so as not to limit the authority of your business as it grows and evolves.

3. REGISTERED AGENT AND ADDRESS, Section 347.030 of the Act

The Missouri Limited Liability Company Act mandates that every registered entity have an officially designated registered agent and address. The registered agent can be a person with a permanent Missouri address, a domestic legal entity formed in the state or a foreign business that is properly registered in the state. This address can be different from the company's principal office address.

4. MANAGEMENT, Section 347.039(4)

A MO LLC is member managed by default. If you desire for your limited liability company to be manager managed, this must be disclosed in the formation filing documents.

5. DURATION, Section 347.037

Duration used to be a sensitive matter due to tax reasons. But since 1997, the IRS made limited liability corporation taxation more simple and most states including Missouri now allow for this kind of legal entity to have a perpetual life. Missouri requirements do require a certain statement of duration in the documents on record with the state.

6. ORGANIZER

In Missouri, the name and address of the organizer is required to be set forth on the MO LLC filing documents. This is a unique requirement not imposed by most other states.

7. EFFECTIVE DATE

Finally, the Missouri Limited Liability Company Act requires that a stated effective date for the legal entity be included in the filing. Most choose the same day the documents are processed but you can choose a date in the future as long as it is no longer than 90 days out from the filing submission date. Section 347.037.

Saturday, May 22, 2010

Can You Be Sued For Posting in Forums?

The web has created a new medium for people to speak and trade information. One needs only look at the current state of newspapers to know how big of an impact this development has been. That being said, many people are not aware there can be legal ramifications regarding what they say when posting in forums. Yep, you could get sued.

Forums and boards are a place of free flowing ideas. This is particularly true since people can post using anonymous titles and avatars. Once anonymity is believed to be achieved, any common sense prohibition against saying inflammatory things seems to go by the wayside. This is a mistake. There is little or not anonymity on the web if someone or a company wants to find your true identity. Let's take a look at a common situation.

A debate is taking place on a forum about the merits of some product from Company X. You don't own the product nor have you ever tried it. You have, however, owned another product from the company. It was cheap and didn't perform as you expected. As a result, you post on the board this new product is a piece of junk and of low quality. You pop offline and think nothing else of it.

Two months later you get a notice in the mail. It is from the company with the forum. Company X has sued and the court has ordered the forum to turn over your profile information and your IP address. You have 10 days to appear in court to object or the forum will have to comply. Now you have a big problem.

Posting in a forum does not relieve from the threat of liability. For better or worse, you can still be sued for anything from character assassination to invasion of privacy to...well, anything that you can be sued for in the brick and mortar world. Laws in the physical world apply to the virtual world as well.

Ah, but what about anonymity? Well, you leave a trail when you post online. Many people assume that they will be okay as long as they don't put their true name, address and whatever on the forum profile. Wrong. A company will sue the forum for your IP information. It is recorded when you sign up. They will then track backwards to the company controlling said IP and get a court order forcing the company to reveal who has the account.

You are probably thinking this is a lot of work to just find someone who posted something on a board. You're right. However, many companies now take reputation management seriously. They have lawyers on staff whose sole job is to do this. Whether they bring 5 or 50 actions makes no major difference from a cost perspective. More and more companies will be taking this step as well in the future as they try to protect their reputation.

So, should you not post in forums? Of course not. You need to simply be careful. Truth is a defense to any defamation claim. If you wouldn't say it in public, don't say it on a forum.

Friday, May 21, 2010

Child Support Basics

Both parents are expected to pay their share of the costs of raising a child. When there is a divorce, one parent will almost always be ordered to pay the other parent child support. The support must be paid until the children are "emancipated." The age of emancipation varies from state to state, and may extend through all or part of college, as long as the child remains a full time student.

Usually, the paying parent will be the one who has the kids in their care for less than half the time. If the child(ren) spends 50% of their time with each parent, then the higher earning parent usually has to pay.

Child support is designed to cover the necessities, such as food, clothing, shelter, basic medical care, etc. In addition to a base amount of support, the parents may also be expected to pay additional amounts for extraordinary medical care, private schools, sports and other activities, and so on. In some states, the parents can be ordered to pay for all or part of college costs, as well.

To calculate basic child support, every state has guidelines in place. The free child support calculators on my website (listed below) are based on those guidelines. The guidelines are not mandatory, and you and your spouse can agree on any reasonable arrangement and amount. The courts also have the discretion to stray from the guidelines, and often do.

Child support payments have no income tax effect: They are not deductible by the paying parent, and they are not taxable to the receiving parent.

The court's number one priority in a divorce case is the welfare of the children. Your obligation to care for your children, whether paying or receiving child support, is a serious one.

Thursday, May 20, 2010

Make a Chapter 13 Plan That Will Be Confirmed

Part of the Chapter 13 process in Missouri and Illinois includes proposing a repayment plan for your creditors and to finally get out from under your debt. Your chapter 13 payment plan must, however, stay within the rules and requirements in order to be confirmed by the judge.

A trustee or creditor can file an objection after filing the plan if it doesn't meet the requirements. The trustee or creditor will then request that the plan be redone (amended) to fit the requirements and if the judge agrees, you must fix your plan or your case will be dismissed.

You cannot simply ignore an objection to your Missouri or Illinois Chapter 13 payment plan. Believe it or not, people filing by themselves or inexperienced bankruptcy attorneys in St. Louis often do, resulting in the dismissal of the case.

How can an trustee or creditor objection be handled? A St. Louis or Wentzville, Missouri bankruptcy attorney will first evaluate the objection and then decide on a plan of action: either file an amended plan or argue with the objection. If the judge agrees with the creditor, an amended plan must be filed. Conversely, if the judge agrees with the debtor and the creditor is overruled, the original plan stands. The best bankruptcy attorneys will make sure that the path they choose to handle your objections is in your best interest--and is a decision the judge will accept.

After an attorney has worked so long with the same judges, he or she can typically figure out what the judge will and won't approve and, thusly, make sure you have a plan that can be confirmed. Making a great plan the first time around certainly gets you protection from foreclosure, credit card debt help, and relief from creditors even faster.

The attorneys that typically have success with Chapter 13 cases in Missouri and Illinois have one thing in common: a system set in place to address all objections and possible amendments well before the deadline. The time restrictions for Chapter 13 cases are strict and meeting them is vital to avoiding the dismissal of your case and loss of your protection.

How can you find an attorney that will help your case be as successful as possible? You can feel good about your choice of lawyer by reading positive client testimonials, seeing great results like high confirmation rates, and even reading free information that that attorney has made available.

Wednesday, May 19, 2010

Is Your Sexless Marriage Driving You Crazy?

Are you living miserably in a sexless marriage that's driving you crazy? Are you about ready to go looking outside the marriage for the sex and intimacy you need? Then you have to stop and think clearly before you start up an affair you might very well live to regret. Believe it, having an affair and cheating on your spouse is a serious thing that really could end your marriage.

Now, let's be clear about this - there are very few and far between reasons why it's acceptable to live in a sexless marriage. It's healthy and natural for two people, who are married to each other to have sex with each other as often and as regularly as they BOTH want to.

Sex in a marriage can build intimacy, communication and it can also cement and confirm a deep love between a couple.

So Why Are You In a Sexless Marriage?

There's a reason that your marriage is the sexless marriage it is and you have to find out why that is to move forward. Are there medical reasons that you and your spouse aren't having sex? If that is the case then you both need to go to your doctor and discuss the situation.

Often there's medication your doctor can either change or give that will help, so don't dismiss that as a solution. If the situation is a mental or an emotional one, then again, talk to your doctor about what's going on.

Perhaps you and your spouse agreed to a sexless marriage and you've now changed your mind? Or maybe you never really made an agreement, you just went along with it and never had the courage to speak up?

It could be that you've found yourself in this sexless marriage because over time the physical side of your marriage just slowed down and dwindled to nothing. If that's the case then you have to make the effort to get your sex life back on the way to a place that is satisfactory for both of you.

Have You Talked to Your Spouse?

If you're in a sexless marriage you really do need to talk to your spouse about how you're feeling and how the two of you can go forward to improve things.

Your spouse could very well be feeling and thinking the same things you're feeling, but doesn't know how to bring up the subject of your sexless marriage because they don't want to hurt your feelings or put pressure on you.

Find Time To Be Together!

If your situation is because you're both too busy, then you need to make the time to be with your partner and vice versa. Arrange for the kids to go to family and friends for the night, arrange a date for you and your spouse and get dressed up and make a fuss over your spouse, take the afternoon off work and get home early!

Whatever you need to do to save your marriage do it! Because the reality is that if you don't change your marriage and start having more sex with your spouse, you will have an affair. And an affair could spell the end of your marriage. If you love your spouse and want to stay married, then sort this out today!

Tuesday, May 18, 2010

Alimony by Any Other Name

Most of us have heard of alimony and have at least a basic understanding of what it is.
But maybe you've heard your divorce lawyer talk about "maintenance," or "spousal maintenance." In some places the term "spousal support" is frequently used. What's the difference between all of these things?

Basically, nothing. It's just the term used in your local area. No matter what it's called, it represents payments made from the higher earning spouse (or ex-spouse) to the lower earning spouse, under order of the court, as part of a divorce. But it does not include child support or property settlement payments.

Some divorce attorneys believe that the term "alimony" is antiquated and carries too much emotional baggage.

In my local area, the preferred term is "maintenance." So when I speak to lawyers, that's the term I generally use. However, the income tax code very specifically uses the term "alimony." And as I always remind both my clients and their attorneys, just because the court orders "maintenance," that doesn't mean it qualifies as alimony under the tax law. So when I talk about the tax code, I use the term "alimony."

Alimony, as defined in the tax law, is tax deductible by the one who pays it, and must be included in the taxable income of the one who receives it. But if the payments don't qualify as alimony, then they're not deductible, and they're not included income. Make sure you verify the proper tax treatment with a knowledgeable family law attorney or tax advisor.

Monday, May 17, 2010

Anti-Cyber Squatting Consumer Protection Act Update

Our law firm receives a lot of calls from people and companies who are being threatened with an Anti-Cyber Squatting Consumer Protection Act claim because they registered a domain name identical or similar to a trademark held by someone else. Inevitably, we hear the words "Network Solutions allowed me to register the domain, so there is no way someone can say that I did anything wrong."

Of course, Network Solutions and the other registrars do little to ensure that a person registering a domain has legal right to do so. In fact, about the only thing registrars do is make each person who purchases a domain affirm that they are not interfering with some else's legitimate trademark rights. The fact that you are able to register a domain doesn't mean that you won't get sued for having done so under federal law.

The ACPA is a federal law that took effect in November 1999, in order to preclude bad faith registration of domain names. This new domain name dispute law is intended to give trademark and service mark owners legal remedies against defendants who obtain domain names "in bad faith" that are identical or confusingly similar to a trademark or service mark. In order to win a case of cyber squatting, plaintiff must prove that defendant has a bad faith intent to profit from the mark that is identical or confusingly similar or dilutes plaintiff's mark. The key element is that plaintiff must prove that defendant has"bad faith intent to profit from the mark." What this means is that if defendant merely registers the domain and does nothing with it commercially, plaintiff will have a difficult if not impossible time proving bad faith. Typically, intent to profit is shown by the use of the domain as a commercial site which sells goods or services. For an alleged domain violator who does not develop a website, bad faith intent to profit is often shown when the defendant tries to sell the domain name to the trademark holder. Any transfer of the domain for consideration will typically satisfy the profit test.

Another bad faith factor is if the registrant provides false contact information to the registrar or fails to maintain correct contact information moving forward. Because of this bad faith factor, it is important for all domain name owners to check their domain registrations regularly in the Who's database to determine if their contact information is correct.

If you should decide to file an ACPA lawsuit, you have a variety of remedies which are available to you under the act. The most important one is potential forfeiture or cancellation of the domain name or transfer of the domain name to the plaintiff. In lieu of actual damages, the plaintiff may elect statutory damages and has discretion to award between $1,000 and $100,000 in damages for bad faith registration. Attorney's fees are also available for a bad faith registration. Sometimes, the domain owner cannot be found or served with a Summons and Complaint because they have provided false information or are not located within the United States. In these instances, a trademark owner may bring in "In Rem" action against the domain name in the judicial district in which the domain name registrar, domain name registry or other domain name authority that registered or assigned the domain name is located. Money damages are not available in an "In Rem" lawsuit. Typically, the trademark owner is more focused at having the domain name transferred to them.

One recent Sixth Circuit Court of Appeals case, Interactive Products, Corporation v. A2Z Mobile Office, No. 01-3590 (6th Cir., April 10, 2003), was not good news for trademark holders in our jurisdiction. The Court held that the "post-domain path of a URL (the sub-file directory). . . does not typically signify source (of goods or services). The post-domain path merely shows how the website's data is organized within the host computer files." Accordingly, the Sixth Circuit held that the presence of plaintiff's trademark in the path of the domain name of a competitor was unlikely to cause consumer confusion. Interestingly, the Court reached this result even though the defendant, A2Z, was selling competing products. It should be noted that the Court did not hold that using some else's trademark in the top level domain, on the website itself or in the meta tags is exempt from ACPA liability.

Each ACPA case turns on the particular facts presented. It should also be noted that the Interactive Products plaintiff did not present any evidence that the presence of its trademark in the post-domain path caused actual confusion or was likely to cause consumer confusion. If such evidence existed and was presented, the outcome could have been different. The ACPA in an important weapon for trademark holders in protecting their intellectual property in the online world. If you do not protect your trademarks, you may lose rights in those marks altogether. Besides, if you don't protect your marks, who will?

Sunday, May 16, 2010

What Will Your Taxes Tell You About Your Financial Health This Year?

As tax season approaches, it becomes time for people to take a more realistic look at their financial situation. 2009 was truly a bad year for everyone but we may not know how badly America was hit until after April 15th.

Though tax refunds are wonderful, they often only serve as temporary band-aids. If you've found yourself in debt this year, it is most likely due to an event or situation that won't be going away—like a divorce, pay cut, layoff, or medical emergency.

People often start to feel safe again after they've used a tax refund to get caught up but, a few months down the road, these same families find themselves in just as much or more debt and without a tax refund to magically solve their financial woes.

Luckily, there are solutions that don't also have to be temporary. Chapter 7 bankruptcy in Missouri and Illinois not only stops any repossessions or wage garnishments, but it can also get rid of your unsecured debts. Then, the next time you get a refund for your taxes, you can truly rejoice in the extra "oomph" it will bring to your financial life.

Not everybody finds themselves with a nice, big tax refund. In fact, many people will find that they still owe money to the government—and being in debt to Uncle Sam is not an ideal situation. The government doesn't necessarily have to follow the same rules that creditors do. The government can do whatever it takes to get a debt repaid including levy your bank accounts, garnish your wages, and go after your other property.

So, what can you do if you suddenly find yourself in tax debt? If you have income tax debt that is 3 years old or older, you may be able to get rid of it completely under certain circumstances. If your income tax debt is within the last 3 years, you can take care of that with Chapter 13.

A Chapter 13 bankruptcy will put your taxes into a repayment plan that you can handle. More importantly, filing Chapter 13 bankruptcy stops any more interest or penalties from being added to your debt. Chapter 13 bankruptcy can assist with other kinds of tax debts. If you are behind in your real estate taxes, it may not be long until you see your home being sold at a tax sale. After spending years building memories, raising your children, and truly turning your house into a home, the last thing you want for you and your family is to see it auctioned in 21 days.

Chapter 13 bankruptcy can protect you and your family by stopping the sale and protecting your property. These debts can also be worked into a repayment plan that will fit into your budget and ensure that you keep your home.

Problems can arise quicker than you think and come as a complete surprise. You may not even know that you are in financial trouble until you take a look at your taxes. If, after your taxes, you find that you are in financial turmoil, research what bankruptcy may be able to do for you.

Saturday, May 15, 2010

Proficient Divorce Online Procedure to End Your Marriage

Nowadays, the online divorce is reasonably spread phenomenon. The main sense for these is its effectiveness and affordability. Yes, the online divorce seems to be way less affluent than a regular legal marriage separation and, yes, this type of divorce is also takes less time frame. Up to this point, there are only benefits.

Online services have been helping us in a great number of ways and now, it seems that it can also help us end our marriage. This means that we are saved from the hassle of dealing with lawyers that charge us by the hour and that we don't requires to essentially postponing our life until the court ultimately makes a decision - all with the help of the online divorce. To some people, an online divorce is what they have been expecting for: a simple and hindrance free way to break their marriage. But others seem to think that such a technique of online divorce is far too simple and hasty for a marriage partition. But as you might have belief, the things are not as bright as they seem. And let's start with the fact that an online divorce is the last thing you need in case you have to split your substantial amount of assets with your soon to be former partner. Even more, this quick divorce should not even be on your list, in case you have to settle the custody of your children.

For sure, an online divorce comes with many advantages. And let's start from a very important one that is the reality that in case we are talking with an intricate, problematical divorce, then the parties should consider this quick divorce, because it can be very safe and settling for both parties, especially if they have to establish the custody of their children and to split their fortune. When talking about an online divorce, one disadvantage must be mentioned. In many cases, the parties deal with incomplete or incorrect forms - and this creates complications and slow downs. When choosing for such an quick divorce, it is very important to select the right services.

There is one problem regarding online divorces and that is the fact that, in many cases, the forms prove to be incorrect or incomplete. This is why it can be quite difficult to choose the right services that can offer all the correct and much required papers for filing an online divorce. Besides the ones that do not have shared funds and children to choose upon when divorcing, many people opt an online divorce simply because they cannot stand talking to each other anymore. The online interaction is much simpler and much more formal than the one face to face and, even if this might seem cold it seems to satisfy many people.

You might be surprised to find out that the number one reason why people select an online divorce is the fact that they cannot actually interact with each other anymore and that they simply cannot sit down and settle in the same room or court hall. In these cases, this quick divorce is a perfect solution, even if some think that breaking a marriage in this manner is quite heartless.

Friday, May 14, 2010

Creditors Often Miss the Point - Bankruptcy is on the Up

Given the extent of the Federal Governments desire to "fix" the excessive lending by Australia's Financial Institutes, its no surprise that the finger of blame has been used on the poor borrower, otherwise known as the debtor. Why? Because the banks won't admit the overzealous sales strategies and poor Risk Management they used over the last ten years that have put them in this contrition in the first instance. Relationships between banks and customers is a 50/50 factor. If not then it would be deemed unconscionable in Trading Practice law also known as unfair advantage towards the other party.

The banks who drove the lending frenzy have caused many people pain, distress and much more having to deal with the debt. Consumer driven or not its a poor effort putting the blame on the customer for the severe levels of debt most consumers now carry. In fact the average debt for an individual is estimated in the region of $15000. What is the solution? Other than the Government legislating, Which they are and amending, Its time for former clients of banks to seek relief and use the Bankruptcy Act for its design.

If creditors wont ( and its not about can't) accept a fair and reasonable offer you can afford to sustain, then be brave and use The Bankruptcy Act. 26000 others have This year alone, to seek relief from relentless commission driven Collectors sometimes aggressive coercive and misinformed in their plight to squeeze you of every cent. Ride the tide of credit exclusion and rehabilitate your dignity... The fact remains that ignorance and mystique surrounds the use of Bankruptcy and their is no excuse for false and misleading information to get in the way of making sound decisions about whats right for you.

Talk of informal payment plans and formal options are out there but to creditors they are all obstacles. The truth of the matter is that they are ignorant of the full scope of what can be achieved and need some serious wake ups and training. Hardship is just one area they have a problem with never mind Debt Agreements or PIA's and Section 73's.

If its all to much for you there are many options and solutions you have to resolve debt and its not about borrowing more! That is a flaw in many clients thinking...If anything is taken away from this article its the fact that a specialist has taken the time out to share the fact that many many thousands of people are in the same situation but also that enough have sought a legitimate and appropriate exit strategy that is legal and transparent.

In Future if Creditors want to revisit the huge $48billion of unsecured debt out there they need to loss mitigate far more responsibly than they did before because more debtors and debt education is coming and they wont have excuses anymore.

Tom Davison. BA. IRRV.

Insolvency and Revenue Manager.

D R CAPITAL. PTY LTD

Credit Repair Australia

Thursday, May 13, 2010

Tax Time Approaches - Do You Need to Get Rid of Back Taxes Too?

Filing taxes is often our biggest dose of reality. This year, it will most likely be a perfect picture of how bad the economy has hit families across Missouri and Illinois. But, this time of year isn't just a busy time for tax attorneys; it is often a busy time for St. Louis, Missouri and Fairview Heights, Illinois bankruptcy attorneys. Why? Missouri and Illinois Chapter 7 or Chapter 13 bankruptcy can be the saving grace of your tax situation.

If you owe back taxes, you know that being in debt to the government isn't ideal. They don't have to follow the same rules to which your creditors are subject. The government can take further and stronger actions against you to collect the debt. Uncle Sam's methods of collection make it even more important to find a solution.

A tax sale could be just around the bend for those in real estate tax debt. Situations in which your home is in danger are often confusing and leave you without anywhere to turn. However, there is a resource available that can lift the mists of confusion. In Missouri and Illinois, Chapter 13 bankruptcy can stop the sale and give a St. Louis Missouri or Belleville Illinois bankruptcy attorney time to protect your property. Moreover, bankruptcy will stop the interest and penalties from accumulating and put your debt into a repayment plan.

Income tax debt requires a different solution. If your income tax debt is 2 years old or older, you may be able to discharge it completely under certain circumstances. Does your income tax debt fall in the category of less than 3 years old? Missouri or Illinois chapter 13 bankruptcy can still stop interest and penalties and set up a repayment plan that won't kill your bank account.

If you're drowning in back taxes, start looking at your options now. It is possible to get rid of back taxes or make a repayment plan that can help you get back on your feet

Wednesday, May 12, 2010

Filing Bankruptcy - Can Filing Bankruptcy Help You?

Sometimes the only viable option an individual has left is filing bankruptcy due to the amount of debt they have incurred. The decision is one that most people don't come to easily, and it can leave them feeling sick to their stomach. The stress and turmoil of it all can lead to a panic attack for some people. Knowing that this is how most people react to filing bankruptcy might may it easier for you. Take a deep breath and learn all you can about the process. Only then can you decide if filing bankruptcy can help you or not. I am not offering you legal advise but information to help you determine if you should talk with a professional about it.

Start by writing down all of your debts and all of your assets. You need to have a list of your monthly living expenses and the amounts. Separate these expenses from everything else. List your biggest priorites on top such as your mortgage or monthly rent for shelter. Next should be your vehicle payments, utilities, food, and other necessities you have on a monthly basis.

You want all of your other loans, credit cards, and payments to be separated. You can then compare the lists and find out if after you pay all of your monthly living expenses do you have enough to pay the other list of items over a period of three years? Make sure you look at the total amount due on these accounts, not the minimum amounts due. You will find plenty of helpful tools on the internet that can do these calculations for you at no charge.

What can you do to generate more income to cover your expenses if you can't pay them off in a three year period? What can you do to reduce the amount of expenses you have? You will need to make some changes to your lifestyle including going out less, eating on a budget, and possibly working a second job to have more income. If you really can't find viable ways to reduce your expenses as well as increase your income, seek the assistance of a credit counseling service.

You want to select such a service very carefully though. There are plenty of them that can cause you to end up in a worse situation than you are already facing. Check with your local courthouse for a listing of approved counselors that are recommended by the court. The decision regarding filing bankruptcy is a hard one but it may be the only option you have if getting all your debt paid in three years just isn't a reaility for you.

Tuesday, May 11, 2010

Can I File Bankruptcy Myself?

Unlike businesses and other entities, individuals are allowed to file for bankruptcy "pro se," or without an attorney. However, this is usually a big mistake and should be avoided if at all possible. Quite simply, United States bankruptcy law is extremely complex and the courts are extremely technical in nature, so attempting to deal with them without professional guidance frequently results in disaster. Further, the end result of a bankruptcy process is not fixed, meaning that even if you manage to get through the process without an attorney you may not get the best arrangement that you could have with professional assistance.

The bankruptcy courts are largely bureaucratic affairs and you will rarely, if ever, actually stand before the judge. Instead the process is one of filing all the proper documents, with all the proper substantiating documents, in the proper sequence. Failure to follow the procedure perfectly, even minor mistakes, can result in your case being thrown out meaning that you have to start over again, including paying a new $299 each time you have to start over. Further, the information provided has to be demonstrably correct, and accidental omissions or misrepresentations may be treated as deliberate fraud which is subject to criminal prosecution.

Another significant factor is that the court's assumptions are not necessarily those of the petitioner, which means if you want to do certain things - even things that may seem like common sense - you have to specifically ask the court to do so and fill out the appropriate paperwork for the request. Even very obvious things like exempting your property from liquidation has to be specifically asked for, so failing to have a professional guide you may end up turning your bankruptcy into a personal disaster. There is a whole subset of the legal profession that specialized in bankruptcy law because it is complex, so if you have anything at all to lose, it is strongly recommended that you hire a specialized attorney to handle your bankruptcy case.

Monday, May 10, 2010

Sex and Dating During Divorce

"Is it okay if I go out on a date?" asked my client, "John." He had filed for divorce and taken his own apartment. "After fighting with my wife for two years, "I'd like be to be with someone who is glad to have me around."

I get this question all the time as a divorce attorney. And, my simple answer is always the same: "Not until your divorce is final." But, life is rarely simple. "John" was lonely and stressed out. Meeting someone new, feeling desirable again, and having fun struck him as a terrific idea. So, despite my cautions, and like many clients, "John" decided it "couldn't hurt" to accept a friend's offer to fix him up. Anticipating this, I gave "John" the do's and don'ts of dating before you are divorced.

Unfortunately, there is more that you shouldn't do than should, but first let's clarify what is meant by "dating." Legally, "dating" means one-on-one social contact with another person, typically the opposite sex. There is no distinction between platonic contacts and ones that are romantic or sexual, although from a practical standpoint, the romantic/sexual relationships are the ones that draw scrutiny and cause complications.

The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. You are not supposed to date if you are married. Judges, however, rarely punish someone who begins dating-sexually or otherwise-once they have physically separated from their spouse.

Even so, the presence of someone new, particularly when paraded in front of the spouse and/or children, can enrage the soon to be ex-husband or wife, and also create the suspicion that the relationship began as an "affair" before the separation. The innocent new friend can be deposed by the other side's lawyer (that is, asked questions under oath) and subpoenaed to testify at trial. The purpose is to determine exactly when the relationship began, is it sexual, did any marital property get transferred, such as by gift, how much money was spent on dating this person, and did the spouse say anything that could be used against him or her at trial. Even if everything is on the up and up, the result is a lot of unnecessary aggravation and cost.

But, for those unwilling to wait, here are a few guidelines for dating while divorcing:

The Don'ts:

o Don't even consider dating until you have physically separated even if you/your spouse agree that the marriage is over. It could be cited as a reason the marriage failed and lead a judge to award more of the marital assets to your spouse.

o Once separated, date with the utmost propriety, particularly around your children. Don't do anything in front of them that you wouldn't be comfortable describing to a judge. Avoid introducing them to your new sweetheart. It will likely exacerbate their pain and could compromise your future custody rights.

o Don't get pregnant or impregnate someone before the divorce is final. It will prolong your case until the baby's born so the court can verify who is the father, and determine custody and support requirements.

The Do's:

o Do socialize in groups, being careful not to pair off with someone.

o It's okay to attend events individually and network socially. If you meet someone you like, be upfront about your situation. Exchange contact information, but avoid one-on-one contact until you are at least separated.

o Find a support group for people in the midst of a divorce. Typically, these will be offered at churches or other non-profit organizations.

Sunday, May 9, 2010

Branson Missouri Real Estate - Lake, Golf, Condo & Residential Communities

Branson Missouri is a great city to live in or own a second property. The question is, what property is the right one for you to buy. Do you buy on the lake, in town, or on a golf course. If you, as a serious buyer, know exactly what type of real estate you want to purchase the next question is-- what community do you buy in??? The following paragraphs serve to provide a better understanding of the different lake, golf, condo, & residential communities available in Branson.

Branson Lake Communities

The Branson area, also known as the Tri-Lakes area, is very blessed. The reason I say that is because the beautiful lakes that surround the city. Table Rock Lake is a vacation destination for a multitude of families each year. The lake is said to be the 8th cleanest lake in America and goes as deep as 250 ft. In the last few years many lake-front & lakeview condo communities have sprouted up on Table Rock Lake. From Table Rock Lake dam flows Lake Taneycomo right through downtown Branson. Lake Taneycomo is a cold water lake that is stocked with Trout fish and draws fisherman from all over the world. Many buyers have purchased water-front condos on Lake Taneycomo so they can be located in the heart of Branson. If you are seeking to find the perfect Branson lake-front or lakeview property make sure and research the following communities.


Paradise Point


Briarwood on Lake Taneycomo




Celebration Cove




River Bend Place




Grandn Cru on the Lake




The Majestic




Emerald Pointe

Branson Golf Communities

Branson is home to some of Missouri's best golf courses & golf communities. Branson Creek Golf Club is the #1 public course in the state of MO and is one of the famed courses in the Branson area. Near the Branson Creek Golf Course is the John Daly Golf & Country Club. The course recently opened and has quickly become popular among avid golfers. Both of these golf courses area located in the master-planned community of Branson Creek. The new Branson Regional Airport is within the Branson Creek development as well. The following is a quick list of golf communities to research if you seek to buy a golf home or condo in Branson.


The Legends




Stonebridge




Branson Hills




Holiday Hills




Thousand Hills




Point Royale

Time Magazine Recognized Branson on Sept. 6, 2007 as one of four regions in North America that buying a condo still makes sense. Branson has some incredible condo communities. Many of the communities are in the heart of Branson close to all the shopping and entertainment.

Branson Condo Communities


Cozy Cove




Sycamore Ridge




Palace View Place




Foxpointe




Thousand Hills




Pointe Royale

Branson Residential Communities

Branson MO real estate has an array of residential neighborhoods covering every price point. Branson residential neighborhoods are located on top of the Ozark Mountains offering spectacular views of the rolling hills. Branson also offers residential neighborhoods near all of the amenities of Branson. The property taxes in the Branson area are very reasonable, right around 1% of the purchase price. This fact alone has drawn many investors and second home buyers to Branson.


Ashbrooke




Black Oak Estates




CobbleStone




Country Bluff Estates




Emory Creek




Hidden Meadows




Hideaway Hills




Horizon Hills




Hummingbird Hills




Meadowridge




Mill Creek Estates




Mills Hollow Estates




Savannah Place




Spring Meadows




Stephens Subdivision




Summerbrooke




Summerwood Estates




Sycamore Farms




Vista Ridge




Woodbridge Estates

Saturday, May 8, 2010

Perform Free Divorce Records Search Via Online

No one wants to remember divorce and the pain that it had caused especially to the involved couple as well as to their immediate families. However, a divorce record can't be left hidden forever. Time has come that people have found several reasons for checking on the information that those divorce cases contain. Luckily, those who desire to find it will never be disappointed because with the advent of time, searching can now be easily conducted through the Internet.

Take a look at Missouri Divorce Records that the state of Missouri has provided to its people. These public records are well-kept and maintained by the hands of the Missouri Vital Records Office. Getting hold of such file will disclose to you some relevant information which includes names, addresses, contact numbers, reason for divorce, alimony, custody, and so much more. Thus, it answers most, if not all of your mind's questions.

As mentioned, searching is much easier done online. With that, you may search by entering the name of the person that you wanted to search for or by geographical location such as states, county, town or city. What's great about this state is that the specific department that handles these records, the Department of Health and Senior Services, has its own website that anyone can use in going through the process.

It's sad to know that a huge number of marriages just end up to getting divorced. Such claim is based on records and statistics. With the proclamation of the Freedom of Information Act, all states are mandated to have all vital records open to the members of the public. Hence, there's Free Divorce Records together with Marriage, Birth, and Death. For public service, these documents are provided by government agencies without any corresponding fee except for an administrative and search fee that is required by some departments.

Although Divorce Records Search is now doable for good, it still has to be remembered that divorce records remain private in nature. It is the state government that holds the jurisdiction when it comes to the use and treatment of these said files. Most likely for those that contain sensitive information, restrictions may be implemented. If not, the state laws may require you to present some relevant papers and other requirements before giving you what you need. Once allowed to retrieve the information, you may then start the process through walk-in, mail, telephone, fax or online.

Nowadays, computerization and the Internet are the most common tools and means in getting your desired report. Commercial record providers now abound online to offer you such kind of service that is accompanied with so much ease and convenience for a minimal amount only. You no longer have to worry over that long waiting time because with these service providers, everything is achievable in just split minutes. Plus the quality of the result that you'll get is guaranteed to be top-rated.

Friday, May 7, 2010

Bankruptcy Term Definitions - Dischargeable and Non-Dischargeable Debts

If you've looked into bankruptcy as a way to relieving your debt, you may run across a few terms that are hard to understand, such as dischargeable and non-dischargeable debts. A discharge itself is the legal elimination of your debts--and the fresh start to your new life. It prevents your creditors from continuing to harass you. But what debts are included in your discharge?

If a debt is dischargeable, it means that it can be eliminated through bankruptcy. The kinds of debts that are able to be discharged in a Missouri or Illinois Chapter7 differ a bit from Missouri or Illinois Chapter 13 but the list typically includes personal loans, credit card debt, car accident claims, medical bills, leases, tax debts over 3 years old, etc. The amount of debts that can be discharged in a Chapter 13 is even more. Either way, a qualified and experienced St Louis Missouri or Belleville Illinois bankruptcy attorney can help you determine which of your debts fall under the dischargeable category.

If a debt is non-dischargeable, it is one that cannot be completely eliminated in a bankruptcy. Fortunately, the list of debts that cannot be eliminated is shorter than those that can. Non-dischargeable debts include recent tax debt, student loans, child support and alimony, and criminal fines, among others. The roll of debts for Chapter 13 is even more brief.

If you've crossed bankruptcy off your list of options because of the debts that can't be discharged, you may not be thinking about the whole picture. Typically, the amount of debt that can be discharged is enough to substantially change your life and your financial future. As any Missouri or Illinois bankruptcy lawyer will tell you, the effect that bankruptcy will have on your life varies from person to person and you should consider speaking with an attorney before deciding against it or even for it.

If you still aren't sure that bankruptcy is the right way for you to get protection from foreclosure, credit card debt help, or relief from the relentless actions of your creditors, consider getting more information. Remember, over 1.3 million people last year chose to file bankruptcy and get rid of their dischargeable debts. Don't sell bankruptcy short when it comes to how it can change your life. Look for free information from reputable attorneys in your area. A lot of attorneys will offer to speak with you for free but how many will offer you free blogs, answer your most important bankruptcy FAQ, or even publish free books for you before you step foot into an office.

Thursday, May 6, 2010

Missouri Marriage License Requirements

Your husband has just proposed to you and you could not be happier. This is how it all begins usually. Now the planning has come so do not forget the most important document of the wedding, the marriage license. So if you live in the state of Missouri below I have listed the laws and restrictions for applying and obtaining a marriage license.

You will need government issued picture identification and social security card.

You do not have to be a reside in the state of Missouri to apply and obtain a marriage license.

If you have been married before you must provide the date in which the marriage ended. If you have recently divorced you must wait 30 days before applying for a marriage license.

The couple must apply together.

The waiting period is three days but can be waived by a judge.

You must pay $50.00 cash only and if you are under 18 then you will pay $1.00 for each parental consent form.

Their are no blood tests required.

If you are the age of 16-17 you must have parental consent.

If you are 15 and younger you must have parental consent and the approval of a judge.

The following people have Solemnization Authority. A clergyman or clergywoman, A Circuit Court or Associate Circuit Court judge and a religious society, institution or organization in Missouri of which either marriage party is a member, in accordance with the organization's regulations and customs.

Their are no common law marriages. Although Missouri recognized common law marriages before 1921 and common law marriages recognized in other states.

Their are no cousin marriages.

Their are proxy marriages.

The marriage license is valid for 30 days and can only be used in the state of Missouri.

These are the latest laws and regulations for applying and obtaining a marriage license in the state of Missouri. I suggest that you call your local clerk to confirm the information above.

Wednesday, May 5, 2010

Learn the Truth From Divorce Records

The occurrence of having a nightmare when you search for Missouri Divorce Records online can be lessened especially when you select the right search site which provides what it initially promised and more. Such site should also be user-friendly and easy to navigate when you go through the records. It should also provide you concise and understandable information for everyone.

It is also advisable to choose the right site when searching for these records for you to obtain the desired information that is coming from various states' records. The Missouri Department of Health and Senior Services Bureau of Vital Records is the place where these divorce records in Missouri are stored. However, it was mandated that the said records will only be shown to those people whose names are on the records, or the guardian of the person or any legal party who needs the information. If you're not one of those allowed persons, then you have to go to those record providers online for you to access the Divorce Records Missouri.

People search for divorce records online for a number of reasons. It is done to gather information about someone-a client or an employee. Aside from that, there are still other reasons including that of genealogical searches. The state of Missouri provides sufficient information for your genealogy purposes since their records are archived since the 1700s.

The State of Missouri Divorce Records can be searched either on a fee-based service or the free-of-charge service. It is a fact that these records are important to the individual who is searching for such records. Therefore, it is a must that you make sure that the information that you will receive is accurate and for that, the fee-based record is highly recommended. Otherwise, the free services which are usually offered by the government sites may not provide the expected accurate and enough information that you can use.

Some of the relevant information that you can get from searching through the paid service include the person's occupation, the date of marriage and divorce, ages of the parties, the filing dates and other necessary information. Gone were the days when your time is consumed waiting for faxes or phone calls just to retrieve these divorce records. Nowadays, with the help of the Internet, we are able to obtain the information that we need in a very short time just by entering a small amount of information online.

Therefore, whatever reason you have in mind when you search for these divorce records in Missouri, you have to think twice before you decide which way to conduct the search. However, for the immediacy and accuracy of the results, it is best to turn to those fee-based online search sites.

Tuesday, May 4, 2010

Will Filing Bankruptcy Make My Insurance Premiums Go Up in Missouri and Illinois?

When asking yourself, "Should I file bankruptcy?" it is important to focus on the issues that are most important to you. Some wonder if Missouri or Illinois Chapter 7 or Chapter 13 bankruptcy will leave them with huge insurance premiums. But, instead, maybe these folks should be thinking, "How is my current credit score already affecting my insurance premiums?"

It is too hard to say with 100% confidence that anything will definitely make your insurance premiums go up or down. The formula for calculating insurance premiums has been kept secret since the dawn of insurance companies. It is clear, though, that a bad credit score alone will affect your insurance rates. Well, wouldn't a bankruptcy make it worse? Not necessarily. In fact, a Missouri or Illinois bankruptcy probably wouldn't do any more damage than a bad credit score is even doing. Bankruptcy might even help you avoid those devastating insurance bills.

"But James, how could bankruptcy possibly help me with my bad credit?"

By the time you need to file a Chapter 7 or Chapter 13 bankruptcy in Missouri or Illinois, your credit is probably already in bad shape. There won't really be much credit for bankruptcy to hurt, most likely. Plus, bankruptcy helps you get such a handle on your debt that you can finally have a fresh start with your credit score. For many, it is only up from there. The continuous downward spiral of your credit score from being behind on all your credit accounts stops and you can get on track to building a better score; and lower insurance premiums.

In the end, it is your choice. You can choose to get protection from foreclosure, credit card debt help, and relief from the harassment of your creditors or you can continue to try to claw your way out of overwhelming amounts of debt. Instead of thinking of all the negative effects bankruptcy can have, think about the negative effects your debt is already having. Many people find that Missouri or Illinois bankruptcy is the right choice for them and their families.

Give a St. Louis, Missouri or Fairview Heights, Illinois bankruptcy attorney a chance to change your life. Learn all you can about the options you and your family have for getting out from under crushing amounts of debt. Look for free information from reputable lawyers in your area like bankruptcy FAQ, articles, blogs, and even free publications.