2011-09-09T19:53:07Z /feed/atom/ WordPress Prison Policy Initiative <![CDATA[Prison-based gerrymandering’s striking resemblance to the infamous Three-fifths clause]]> /?guid=adc35fb9b34829a38c603a2ee8636c0b 2011-09-09T19:53:07Z 2011-09-09T19:53:07Z Prison Policy Initiative http://www.prisonpolicy.org/feeds/ppi.xml 0 RebeccaK http://blog.1800duilaws.com <![CDATA[DUI Tip of the Day! Brought to you by MO DWI Lawyer, Lenny Kagan]]> http://blog.1800duilaws.com/?p=1909 2011-09-09T19:24:17Z 2011-09-09T19:24:17Z 1800duilaws.com http://blog.1800duilaws.com/feed 0 Prison Policy Initiative <![CDATA[Prison-based gerrymandering’s striking resemblance to the infamous Three-fifths clause]]> /?guid=840175f58ec1db58199ad34be6cfdf02 2011-09-09T18:14:01Z 2011-09-09T18:14:01Z Prison Policy Initiative http://www.prisonpolicy.org/feeds/ppi.xml 0 Maricopa County Court <![CDATA[Do I Have to Pay Child Support If I Receive Disability Payments From the Government?]]> /?p=96644 2011-09-09T14:18:49Z 2011-09-09T14:18:49Z By Richard Mockler -

One common question is whether a parent has to pay child support if the children are receiving benefits as a result of the parent’s disability.

The short answer is that social security payments do not negate the obligation to pay child support. A disabled parent, however, does receive credit for the social security paid for the benefit of the children. In some cases, especially where the disabled parent has no other income, these payments may actually exceed the support obligation. The fact of the matter is that, to make any determination, you should still have a Florida family law attorney or other qualified person apply the Florida child support guidelines, properly taking into account any social security benefits paid to the children.

Under the Florida child support guidelines, social security is treated as income for purposes of calculating the parents’ child support obligation. Specifically, under section 61.30(2)(a)(8), the social security benefits are treated as income to the disabled parent.

The disabled parent, however, also receives credit for paying support equal to the amount of the social security received on behalf of the children. In other words, the social security funds are hypothetically earned by the disabled parent and paid by that parent to the children.

This rule was established by the First District Court of Appeals in Williams v. Williams, 560 So. 2d 308 (Fla. 1st DCA 1990). In Williams, the trial court failed to credit a disabled father for social security payments received by the mother on behalf of their three children. The court ordered that, in addition to the disability funds the mother received directly, the father also had to pay child support out of his own disability payments.

As a result, after satisfying his child support obligations, the father had no money from which to live. The First District found that the court erred when calculating the child support guideline amount by failing properly to account for the social security payments received by the children.

In many cases, the disability benefits will exceed the disabled parent’s obligation to pay support. This is especially true where the disabled parent has no other material income

Richard J. Mockler is a Tampa family law attorney representing men and women in divorce, military divorce, paternity, child custody, relocation, modification, contempt, and domestic violence matters. Mr. Mockler is experienced in family law cases involving child custody evaluations, allegations of abuse, requests for relocation, supervised visitation, substance abuse, requests for permanent alimony, business ownership, and complex equitable distribution.

The attorneys at Richard J. Mockler, P.A. offer client focused advocacy to protect your legal rights.

You may contact a Tampa family law attorney at the Firm’s website:

You can also learn more about Florida family law by following Richard’s blog:

Article Source: http://EzineArticles.com/?expert=Richard_Mockler



Angie http://blog.1800duilaws.com <![CDATA[Another Teen Star Gets DUI!]]> http://blog.1800duilaws.com/?p=1907 2011-09-08T19:45:27Z 2011-09-08T19:45:27Z 1800duilaws.com http://blog.1800duilaws.com/feed 0 Prison Policy Initiative <![CDATA[California bill to end prison-based gerrymandering awaits the Governor’s signature]]> /?guid=27520775734d44b009eea500184487bf 2011-09-08T19:26:05Z 2011-09-08T19:26:05Z Prison Policy Initiative http://www.prisonpolicy.org/feeds/ppi.xml 0 Prison Policy Initiative <![CDATA[California bill to end prison-based gerrymandering awaits the Governor’s signature]]> /?guid=27520775734d44b009eea500184487bf 2011-09-08T19:26:03Z 2011-09-08T19:26:03Z Prison Policy Initiative http://www.prisonpolicy.org/feeds/ppi.xml 0 Angie http://blog.1800duilaws.com <![CDATA[So, You Married a Lush – Our Top 5 Favorite Drunk Grooms]]> http://blog.1800duilaws.com/?p=1897 2011-09-07T23:01:08Z 2011-09-07T23:01:08Z 1800duilaws.com http://blog.1800duilaws.com/feed 0 Lawrence Taylor http://www.duiblog.com <![CDATA[Why is the Most Important Evidence in DUI Cases Always Destroyed?]]> http://www.duiblog.com/?p=2969 2011-09-06T21:33:16Z 2011-09-06T21:33:16Z As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations…

Except in DUI investigations.

What is the single most important piece of evidence in most drunk driving cases? The Breathalyzer test, of course ]]> DUI BLOG http://feeds.feedburner.com/DuiBlog 0 Ken Lammers http://crimlaw.blogspot.com/ <![CDATA[Valuation of a Stolen Item. What if There is No Price Tag?]]> /?guid=064548365fabfbf2f948e36f3e08ed76 2011-09-06T21:06:00Z 2011-09-06T21:06:00Z

While sale price is the usual value placed on items, things which are stolen aren't always for sale. So, how do you determine the value to be placed on such items when determining whether a theft should be a misdemeanor (less than $200) or a felony ($200 or more)?

The answer which most courts would reach for would be fair market value. The question then becomes: How do you determine fair market value?

One manner which the courts use a lot is to allow the owner to testify as to value. Generally, the court will presume this is correct. However, this presumption is less sturdy than that of a price tag. The reason for this is obvious. That old, barely running car the victim couldn't sell can suddenly become a classic Chevy worth $20,000. This is a place where a defense attorney can really earn his pay.

Another way to establish market value is to show the price that its equivalent sells for on a resale market. There are a couple ways this can be done. The first is to use some sort of authoritative publication to establish value. The most commonly used of these is the Blue Book, which is used to establish the value of cars. However, there are a number of publications which can be used similarly for comic books, coins, stamps, etc. The second is to bring someone to court who can testify as to resale value. Thus, if someone stole a china set from 1893 a local antique dealer could come to court to testify as to its resale value. The only real difficulty with either method is establishing the condition of the item being evaluated. Here, again, the testimony of the victim is going to be key (assuming the stolen item wasn't recovered).

Sometimes, fair market value is not available. An example of this in Virginia is the case in which the appellate court basically stated that there is no fair market value for a catalytic converter because there is no resale market for catalytic converters in Virginia. In this sort of case, the way that value would most likely be established would be to take the value at time of purchase and subtract wastage from it for each year it has been possessed to determine value. You could probably use the same sort of devaluation found in tax codes for property value over a period of years. I've never had to prove property value in this manner and hopefully never will.

Tomorrow: Valuing Stolen Computer Data


Posted Originally at CrimLaw - http://crimlaw.blogspot.com

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