The legal aspect of family relationship. Alimony

When mutual love and feelings are what makes people get married, when it comes to divorce and alimony, those are the most pressing topic for almost every family in modern society in all countries. This topic is important not only for adult men and women in marriage, but also for children who have their own rights. As long as family members are happy everything is great. But do all families live like this? According to various statistics, from 40% to 60% of marriages with are falling apart. Most families split up during the first five years of marriage! Main duties of every parent The main duty of parents is to maintain their children and pay alimony. There are various ways to fulfill these responsibilities. If the parents have reached an agreement, they can fix it in a written form. If the parent who lives separately shies away from his duties to support a minor child or children, then the way of his (her) participation is determined by the court at the suit of the other parent or persons replacing them (guardians). In other words, payment of alimony is awarded. What is alimony? Alimony are the means for the maintenance of the child, which are awarded as a share of the incom1e of their payer, or in a solid sum of money. It should be a fixed sum of money awarding if the payer has an irregular, non-permanent income, or the code receives part of the income in kind. If the alimony payer has a permanent job and, accordingly, a permanent income, then alimony is awarded as a share of earnings. The amount of alimony It is determined by the court in each particular case, taking into account the circumstances specified by the government of a country which include: 1) the state of health and financial situation of the child; 2) the health and financial situation of the alimony payer; 3) whether the payer has alimony of other children, a disabled husband, wife, parents, daughter, son; 4) other circumstances of significant importance. And how are alimony collected from non-working or from those who work without formalizing labor relations? Since in the overwhelming majority of cases, alimony payers are men, it is precisely such situations in society that are considered “familiar”. If the alimony payer did not have a permanent income during the period when the debt arose, but found a job and, accordingly, began to receive a steady income at the time of determining its amount, then the debt is determined from the earnings (income) he receives. If the alimony payer did not have and does not have a permanent income, both for the period of arising the debt and at the time of determining its amount, then the amount of the debt is calculated on the basis of the average wage of the employee for the area in accordance with the fact whether the person pays for the maintenance of the child from his first marriage. In conclusion, you should pay attention to the fact that in case of arrears in the payment of alimony for the maintenance of minor children in the amount that cumulatively amounts to the amount of payments for three months of the respective payments, criminal responsibility may be imposed

Trucking Industry Trying to Avoid Responsibility By Calling for Tort Reform

The trucking industry is trying to convince the American public through the use of a propaganda campaign, that purports to use polls and research, that it should not be held responsible for trucking accidents.

In “Critical Issues in the Trucking Industry- 2011,” a report released by The American Transportation Research Institute, tort reform is called one of the top ten critical issues in the trucking industry.

Presented to the American Trucking Association — one of the most powerful trucking lobbying groups—the October report proposes that the trucking industry should seek tort liability reform to “ensure that punitive damage awards are reasonable and directly related to negligence.”

Ignoring the fact that those most likely to be permanently harmed in truck accidents are motorists in other vehicles, the trucking industry feels it is being unfairly singled out for large punitive damage awards.

The report suggests three proposed strategies to push tort liability reform through all available government channels:

  • Advocate for federal legislation to regulate lawsuits and impose new caps on non-economic damages.
  • Encourage a new legal fee structure and caps.
  • Engage in public outreach and education to explain the negative consequences of excessive civil litigation.

This last point in particular is a tactic designed to convince the public that when a 100,000 lb. truck hits a car, the driver and passengers in that car are just gold-diggers and not really as injured as they claim. The truth is that truck accident victims – if they survive the truck accident – often find their life – physically and financially – in ruins.

The other 9 “critical issues” found in the report are listed as: economy; hours-of-service laws; an industry-wide driver shortage; Compliance, Safety, Accountability (CSA) policies; fuel issues, including prices and efficiency; road congestion; transportation funding; onboard truck technologies; and truck size and weight.

Four of the other nine issues are directly related to preserving f safety for other motorists on the road. The truck accident attorneys at Garcia, Artigliere & Shadrack believe that this is just another ploy by the trucking industry to increase profits by ignoring the safety of innocent people in

What to Do If You have a Truck Accident

An accident with a big-rig, semi-truck, or other large truck can turn your life every which way to wrong.

Often drivers who are in a truck accident will suffer serious personal injuries or worse due to the sheer size of the truck causing extreme damage. In those cases, just getting emergency medical treatment and being taken to a hospital is all you will be able to do.

But should you be “lucky” enough to not suffer serious injuries, or if you witness a truck accident, here is what you need to do:

A big rig accident is a frightening experience. To ensure that you are compensated to the degree that you should be, it is imperative that you choose your truck accident attorney wisely.

Truck Driver Error Main Factor in Large Truck Crashes

Terrifying truck accident statistics are anything but hard to find. Rolling out of research institutes, trucking associations, and the National Administration of Highway Safety, these statistics paint a very bleak picture of what truck accidents looks like today.

For example:

  • One out of every eight traffic fatalities involves a large truck.
  • Nearly 90 percent of all commercial truck accidents are either caused or worsened by human error.
  • Around 500,000 truck accidents occur in the United States each year.
  • Approximately 98 percent of these truck accidents result in at least one fatality.

With a significant difference in the weight of a standard car or SUV—approximately 4,000 lbs—and a big rig, semi, or tractor trailer—which can weigh anywhere between 10,000 and 100,000 lbs—it falls on truck drivers to be aware of the motorists around them.

For people involved in one of the 500,000 big rig truck accidents each year, this isn’t enough.

With a slew of at-fault parties in any collision, there are many contributing factors that can lead to a big rig truck accident:

  • Animals and debris in the roadway.
  • Dangerous weather conditions.
  • Driver Fatigue (This contributes to nearly 30 percent of all truck accidents.).
  • Defective truck parts, tires, and brakes.
  • Driving under the influence of drugs and/or alcohol.
  • Excessive or insecure cargo loads.
  • Lack of driver training or experience.
  • Poor road conditions such as potholes and construction zones.
  • Reckless, negligent, or distracted driving.

Yet the number one contributing factor in all large truck crashes is distracted and unprepared truck drivers, motorists, passengers, and nearby cyclists or pedestrians.

If you or a loved one has suffered a serious personal injury or a wrongful death in a big rig, semi, or tractor trailer accident, contact an experienced truck accident attorney at Garcia, Artigliere & Schadrack for a free, no-obligation consolation.