Child Support Collected From Oil Spill Fund

The Oklahoma Department of Human Services collected nearly $19,000 in unpaid child support from a $20 billion claim fund established by BP to compensate victims of the April 2010 oil spill in the Gulf of Mexico. According to NewsOK, Child Support Services officials compiled a list of 22,000 noncustodial parents who reportedly earned income in the Gulf region and had a connection to BP.

In November, the officials issued subpoenas for each case they opened and sent those subpoenas to officials at the Gulf Coast Claims Facility. The facility contacted DHS after receiving the subpoenas and inquired about setting electronic data matches for Oklahoma and other states. The electronic list was accepted by fund administrators in February, and DHS started receiving checks in a handful of cases last month. The agency has received $18,987 to date in back child support from the spill fund.

Most states will exhaust every means possible to ensure that child support is enforced, and Colorado is no exception. If you owe back child support in Colorado, a Colorado defense attorney can advise you of the Colorado’s child support laws and your obligations under those laws. Your defense attorney will probably advise you to make payment arrangements, which is always the better alternative.

If you fail to pay your child support, the state can garnish your wages, as well as any unemployment or workers’ compensation benefits you may be receiving. You could lose your driver’s or other professional licenses you posses. You could be denied a passport if you apply for one. Tax refunds and lottery winnings can be intercepted, and you can be reported to the credit bureaus.

Casinos Block Payouts to Gamblers Owing Child Support

A recent Evansville Courier and Press story stated that the state of Indiana began implementing a mandatory intercept program that would block casino jackpot payouts to gamblers who were delinquent on child support payments. Operators from the state’s 13 casinos have withheld $650,000 from 376 people since the program began in 2010. According to the deputy director of the Indiana Department of Child Services (DCS), 16 gamblers paid off their child support debt with forfeited jackpots.

The state provided each casino with a list of names of individuals owing at least $2,000 or who were more than three months behind in child support and part of a joint federal-state child support enforcement program. Casinos were required to check the names on the list against the names of gamblers who won $1,200 or more and withhold the winnings from those who were delinquent. The money was then sent to the DCS, who held it for ten days to allow for appeals before remitting the funds to the families owed. 

Casino operators initially apprehensive about participating in the program, citing concerns about the time involved in conducting searches and potential problems on casino floors. However, state officials have been working with casino operators to streamline the process. The casinos got to keep a small fee for conducting the searches, which amounted to $16,000 since the program started. Casino owners and state officials expect the program collect $1 million per year in intercepted jackpot payments.

Few gamblers have complained about the program, and no cases of mistaken identity have occurred. A legislative liaison for Indiana Shared Parenting remains skeptical of the long-term success of the program as more gamblers become aware of it and invent ways to circumvent it, such as going to out-of-state casinos.

The state of Colorado has child support enforcement methods that are equally effective. A Colorado defense attorney can explain Colorado’s child support laws and your legal obligations under those laws. If you have not been paying court-ordered child support, the state can garnish your wages, unemployment or workers’ compensation benefits. Your driver’s license, passport and any other professional licenses you have can be denied or suspended.  Federal and state tax refunds and lottery winnings can be intercepted, and your delinquency will be reported to the credit bureaus.

Guardianship: An Overview

Guardianship is a legal arrangement in which someone is appointed to the affairs of an individual who is incapable of handling his own affairs. The appointed guardian is responsible for the care and custody of the individual and usually has control over the person’s assets and makes decisions regarding their health care and other financial affairs. Establishment of the guardianship is overseen by a court commissioner or judge. The judge or court commissioner must determine that the alleged incapacitated person, or AIP, is unable to manage his own affairs and that there are no lesser restrictive alternatives that could be implemented to avoid imposition of a guardianship. An example would be a person having established power of attorney in a trusted relative or friend, whom is capable of managing his affairs without needing to establish guardianship.

To establish a guardianship, someone must act as petitioner to address the court. This person can be a concerned relative, representative of a guardianship company or a social worker. The petitioner asks the court to make a determination that the AIP requires someone to handle his affairs. The guardianship can be one in which the AIP only requires help in managing financial affairs, or one in which the AIP requires help in making medical decision or matters related to daily living activities. Once the petition is filed, a “guardian ad litem”, usually an attorney, is appointed to serve as an independent party who conducts an inquiry into the AIP’s family and living situation, daily life and competency. The AIP also undergoes an evaluation by a physician.

The court commissioner or judge reviews and weighs all of the information from the physician as well as all other pertinent information, such as testimony from family members or the AIP himself. An appointment is then made, which is considered final unless someone appeals the decision or petitions the court to change the appointment. A guardianship usually lasts as long as the AIP or ward remains incapacitated and as long as the guardian remains competent and meets statutory requirements.

A guardianship can be terminated by an order of the court that established it. A guardian must report regularly to court to ensure the guardian is properly managing the AIP’s affairs and making appropriate decisions or his guardianship becomes delinquent and can be inactivated by the court. Appointed guardians receive Letters of Guardianship that terminate on a specific date that coincides with the due date of the guardian’s next report. Failure to report to court and obtain renewed letters before they expire causes the guardian to lose court authority to act on behalf of the AIP or ward, even though they remain legally responsible.

Guardianship is not without some disadvantages. Guardians have been known to abuse their authority in a manner that serves their own interests over that of the AIP or AIP’s family. Examples include using the assets of their ward or AIP for their own purposes, providing extra services the AIP or ward does not need, or being incompetent. You should immediately consult with an attorney if you suspect a relative or friend is the victim of a guardian abusing his authority.

Living Trusts: Some False Claims You Should Watch Out For

The decision to get a living trust stems from the desire to protect your assets and ensure your beneficiaries are well provided for when you are no longer able to provide for them. When looking for an estate planning attorney or trust company, you need to be careful not to be swayed by certain false claims these individuals may make.

• Exaggerated claims about probate costs. Some companies or attorneys inflate probate costs and exaggerate how much “hassle” you will have to go through during probate. They will also lead you to believe that a trust is the only way you can avoid probate–which isn’t true.
• False information about tax benefits. Be leery of companies advertising supposed tax benefits of living trust. Living trusts have no effect on your taxes.
• Living trusts shield you from creditors.  A living trust cannot protect your property and assets from creditors unless it is irrevocable – in which case not even you would have access to your own assets or property.
• Claiming living trusts are much cheaper to set up. Living trusts are actually expensive and can cost five to six times more than the cost of a will. A living trust can even cost more than probate depending on the size of your estate.
• Claims they can “quickly”set up your living trust. Living trusts take a lot of time to set up properly. It involves more than creating a document; it requires a complete transfer of property from your name to the trust to be valid, known as “funding the trust”.
• Claims that a living trust eliminates the need for a will. A living trust is not a replacement for a will. You need a will to appoint guardianship or conservatorship for minor children, and a will can provide provisions for asset distributions that are included in the trust.

Settlement of a Living Trust

The process of settling a living trust is faster than that of probate administration. Although there no court involvement, there is still a lot involved.

• The trustee gathers information pertaining to the deceased, financial data and estate documents. The estate attorney reviews the information, explains the settlement process and determines the necessary steps.
• The estate attorney and trustee reviews property and financial information contained in the estate documents, as well as any other legal documents. The trustee and attorney discuss issues pertaining to the legal documentation, as well as asset allocations. The attorney and trustee should both understand the desires and needs of the family, as well as the family dynamics.
• The estate attorney prepares and explains the documents needed by the trustee in order to have legal authority to act on the trust’s behalf. Once the trustee signs these documents, he will have the authority to send notices to family members, beneficiaries, appropriate government agencies and financial institutions. The services of a tax professional and accountant may be enlisted for the purpose of determining asset values and income and estate tax issues.
• The estate attorney and trustee works with a financial advisor and accountant and to develop a plan for asset allocation, division or distribution. The plan should meet the estate documents’ dictates, fiduciary objectives of the trustee, the tax advantages, and the desires of the family.
• The estate attorney and trustee finalizes all documentation to start the trust implementation process. This involves deed transfers, changes to business entities, communication to financial institutions and asset liquidation.
• The final step is confirmation by the trustee that each step of the trust settlement process has been completed.

Some Things to Know When Contesting a Will

If the recent reading of a will left you feeling like a neglected stepchild, you have the right to contest the will. There are grounds under which a will can be contested.

• Testamentary capacity. A legitimate will is one drawn and executed by a person who was in sound mind and had the legal capacity to do so. The person presenting will for probate must be able to prove that the maker of the will was competent to do so at the time of execution.
• Improper execution. In addition to have the testamentary capacity, the execution of a will must be witnessed by at least one person (preferably two).
• Undue influence or duress. A will that was drawn and executed under coercion or pressure from outside sources or persons who had something to gain from the will can be contested.
• Fraud. You can contest a will that was drawn and execution under deception by another person.
• Forgery. A will signed by anyone other than the testator is automatically contestable. You will need to prove that the signature is in fact a forgery.
• Revocation. This refers to any act on the part of the testator that revokes the will being contested.

You should consult with an attorney who is familiar with the Surrogates Court. You will be required to make what is referred to as a “Prima facie” case that the will was executed under duress or that the maker lacked the testamentary capacity at the time the will was drafted and signed.

Colorado’s Tough Stance on Domestic Violence

Colorado county courts filed 14,123 domestic violence cases in 2006. Intimate partners commit nearly half of all murders in Colorado, and the majority of the victims are female. Boys who were exposed to domestic violence are twice as likely to end up abusing their own partners and children when they are adults.

Lack of affordable housing makes the transition from shelters to permanent residences difficult for domestic violence victims. From 2005 to 2006, the number of domestic violence victims requesting emergency shelter declined while the number of victims requesting shelter for extended periods increased. Victims who live in Colorado’s rural areas suffer from the isolation and lack of access to domestic violence services because of poor road conditions and inclement weather.

Colorado takes a tough stand against domestic violence. If you stand accused of domestic violence, you can go to jail. You will stay in jail with no opportunity to post bail before going before a magistrate. You will have to sign a mandatory restraining order to be released from jail. You will also be placed in the Colorado Bureau of Investigation and FBI’s National Instant Check System database for life and will have to go through extraordinary measures to be removed. You will never be able to own a firearm or any dangerous weapons or instruments. Likewise, if you work in a profession that requires the use of firearms, you can kiss your job goodbye.

It goes without saying that if you’re facing domestic violence charges, you will need a qualified Colorado family law attorney to advise you of your rights under the law and help you build a solid defense.

Four Important Estate Planning Documents

Everyone should have at least four estate planning documents in their possession: a Will, a Living Will, a Medical Power of Attorney and a Durable Power of Attorney. You can contact a Colorado estate planning attorney if you do not have any of these documents. They are affordable and can save you a lot of expense in the future.

A will is a legal document that states who is to be the recipient of your assets after your death and who is designated as the executor of the will. If there are minor children involved, the will can also name an appointed guardian or guardians. Without a will, your spouse, children or other heirs could be left with less than what you would want. Even worse, your assets could end up with people you would not want to inherit them or your children could end up with a guardian you would not have chosen.

A durable power of attorney is a document allowing you to appoint a representative to perform certain actions for you if you become too ill, incapacitated or otherwise unable to manage your own affairs. This individual could be a spouse, adult child or trusted friend. It is very important to get any kind of power of attorney document handled by a lawyer so that there is no question as to who can handle your affairs if you can’t.

A living will is a person’s written declaration and advance medical directive of what life-sustaining medical treatments to allow or refuse in the event such person becomes terminally ill or enters into a persistent vegetative state (i.e., coma). Many estate planning attorneys will include a living will in their estate planning document they prepare for you.

A medical power of attorney, also known as a durable healthcare power of attorney, gives a designated person the authority to make medical decisions on your behalf should you become unable to make them yourself. A person who has medical power of attorney is ideally the individual who can carry out what you have specified in your living will.

Trusts for Special Needs Children

Special Needs Trusts, also known as Supplemental Needs Trusts (SNTs) are trusts that allow disabled persons to inherit assets that will meet their supplemental needs while preserving their eligibility for government benefits. This alleviates a lot of worries for parents of special-needs children who are usually concerned about what will happen to their child if they are no longer there to care for them.

Most special-needs children receive government benefits such as SSI and Medicaid. While these provide a modest income and medical coverage, there are asset limits that must not be exceeded in or remain eligible. A disabled person receiving SSI is limited to $2,000 or less in resources, or they may lose their SSI as well as their Medicaid.

To allow parents of special-needs children to ensure their children will be well taken care of, the government established rules pertaining to assets to held in trust for a SSI and Medicaid recipient, contingent upon meeting certain parameters. The trust must be designed to supplement, not replace, government benefits. The trust’s funds cannot be disbursed directly to the disabled child, but to a designated third party to buy goods and services for the disabled child’s use.

An SNT can be used for expenditures such as out-of-pocket medical/dental costs, eyeglasses, transporation, insurance, essential dietary needs, annual checkups, rehabilitation, personal care attendant, recreation or hobby materials, or other qualified expenditures. Your estate planning attorney can assist you in setting up an SNT for a special needs child.

Juvenile Law: When Kids Decide They Aren’t Kids

It seems that most kids want to grow up entirely too fast. They don’t realize they will be an adult for a long time and should enjoy being young while they can, and sometimes they do this by committing a crime. When a child steps outside the law, it is an emotional time for the parents and the child. It is important to have a juvenile criminal lawyer that understands that kids make mistakes.

It is important to get legal representation from a qualified juvenile law attorney the minute your child is in trouble. Hopefully this will be before they are picked up by a law enforcement officer. The charge may be something that is age associated like skipping school or being out after curfew. A qualified juvenile law attorney knows how to use a child’s school record to an advantage.

There are times when a child will commit a crime that is considered to be an adult crime. It can be hard for a parent to believe their child took drugs, robbed a store or committed a sex crime, but it happens. However, in juvenile law cases, there are special considerations that need to be addressed. You don’t want your child to end up doing time with full blown, adult criminals. Having someone that can work for you and your child is the best way to keep our child from having to be an adult before their time.

Kids do not always realize that what they are doing puts them and their freedom at great risk. They think they are invincible. They don’t realize just how vulnerable they are until it is too late. The sooner a juvenile criminal lawyer gets to work on your juvenile law case, the better things will turn out.