Indiana Injury And Family Lawyer Blog

Managing money after divorce is often challenging for both spouses, but women may have a tougher time and be at higher risk for financial problems, according to Reuters News.

Munster divorce lawyers can help minimize those risks. We can assist clients with avoiding common pitfalls. And we can fight to ensure that an Indiana divorce settlement -- including property division, child support and alimony -- is in a client's best interest.

Often both parties to a divorce underestimate the financial impact of reducing household income by 50 percent while doubling expenses, including the expense of running two residences.

An experienced Indiana family law attorney will understand the challenges and can often assist with solutions. An experienced divorce lawyer is money well spent and can be vital when it comes to ensuring a fair and equitable separation. Parties who treat legal fees as an expense to be minimized may find themselves far worse off than had they invested in capable legal counsel.

Reuters reports a new study by the University of Virginia's National Marriage Project found that divorce rates are again on the rise as the economy recovers. Rates had fallen as much as 57 percent in 2009 in response to the economic downturn as couples stayed together to weather the financial storm.

Meanwhile, divorce settlements have become much more complex since 2008 -- largely due to couples dealing with bad real estate debt. In many cases, relocation has also impacted child custody cases.

"Three of the top five causes for divorce are often financial: job loss, housing problems and credit card debt," says Chris Bixby, a senior financial planner and vice president with Key Private Bank. Credit card debt is often a risk divorcing women fall prey to, according to the experts.

Nine out of 10 women will become responsible for their own finances at some point -- typically due to death or divorce. Far too many are not prepared with the financial knowledge that can help protect their future. In some cases, they may fall prey to outright scams. In other cases, financial illiteracy may otherwise threaten their future financial well-being.

Seeking the advice of a Munster family law attorney with extensive experience in financial planning can help protect your rights, your future and your family. Without proper planning, a spouse can be left without the resources necessary to build a brighter future. And that's something all the financial planning in the world may not correct.

Historically, a house has been a couple's biggest asset. Not so since the collapse of the real estate market. Whether the marital home is an asset or liability depends on many factors, including the property's current market value. Retirement funds are another critical piece of any divorce settlement.

Continue reading "Financial Problems a Divorce Risk in Indiana -- Legal Help Minimizes Risks " »

"A pension plan for the less successful spouse," is what the Huffington Post called alimony payments in Indiana.

Alimony in Indiana can be a critical component of any divorce settlement. Together with child support and property division, alimony can determine the future quality of life for both parties for years to come. One of the impacts of the recession is a renewed effort to limit alimony payments, particularly once a spouse reaches the age of retirement.

William Quigley, who describes himself as venture capitalist, views the perceived inequity from a largely male perspective. A mother and wife may well have raised children while forgoing a career or advanced degree. She may have worked while the husband earned an advanced degree with more earning power. Make no mistake about it: Divorce is a major destroyer of wealth and one of the primary risks for poverty -- particularly among older women.

Alimony can be a lifeline. Typically awarded for up to half the length of marriages lasting less than 10 years, alimony may be awarded indefinitely upon the termination of long-term marriages. For a former husband, unreasonable alimony can have a dramatically negative impact on his future quality of life. As in any divorce, an experienced Munster divorce lawyer must be called in to deal with the specific issues that come up in spousal splits, including alimony.

Quigley's perspective aside, he goes on to suggest a marriage disclosure statement that sheds light on the legal burden each spouse inherits when tying the knot:

-You are entering into a legally binding contract.

-You are agreeing to assume debts acquired by your spouse during the marriage.

-You may be required to pay money to your spouse in the form of alimony in the event of divorce.

-You may face garnishment of wages or other state enforcement action to collect monies owed.

-Spousal support may be ordered for life, even if your spouse chooses divorce. Such payment could exceed 50 percent of your income and could increase if you remarry.

-Legal obligations of spousal support are not negated by spousal conduct, including infidelity.

Certainly, a premarital agreement may address some of these issues. And the letter of the law does not take into consideration how an experienced Northwest Indiana divorce attorney can improve your legal standing. But this look at the obligations you assume as part of a marriage should at least provide pause for those who are facing divorce without an experienced legal advocate at their side.

Make no mistake about it: Futures are routinely decided via property division and child support and alimony awards. Knowing the advantages, disadvantages and tax implications of each is vital to understanding what's in the best interest of your client.

Continue reading "Alimony Under Attack in Indiana Divorce Cases " »

Halloween is right around the corner and kids across the state are gearing up for some serious trick-or-treating. Haunted houses are spooking neighborhoods, witches are flying though treetops and jack-o-lanterns are lighting up the late-night sky. During this time of year, your child faces some of the most haunting risks for child injury in Highland and elsewhere throughout the state.

Our Indiana personal injury attorneys ask that all ghosts and goblins be extra careful on the 31st, whether trick-or-treating around the neighborhood, attending a Halloween party or venturing through a haunted house. Dangers lurk around everyone corner and serious injury could result if we're not careful. To help keep little monsters and rock stars safe this Halloween, we'd like to share a few simple safety tips that can help to keep everyone safe.

Southern Indiana Pediatrics offers these safety tips for safe Halloween fun:

-Consider face paint instead of a mask for your child's costume. Masks can obstruct your child's vision and can present serious danger when trick-or-treating.

-Make sure your child's costume is flame-resistant and the face makeup is non-toxic and hypoallergenic.

-Suit your little goblins up in comfortable shoes. Also make sure that their costumes fit appropriately so they're not prone to trip and fall.

-Be sure that all children who trick-or-treat after the sun sets have reflective tape on their costumes or are carrying a flashlight.

-Never let a small child carve a pumpkin. Let your child draw on a customized pumpkin-face design with a permanent marker. Children ages 5 to 10 should be allowed to carve pumpkins only if they have special pumpkin cutters that come equipped with safety bars.

-When you can't use artificial light, it's best to use a votive candle in a pumpkin.

-Make sure that all lighted pumpkins are placed on a sturdy surface. They shouldn't be set near curtains or other flammable objects.

-Never leave a candle-lit pumpkin unattended.

-Consider handing out healthy treats or other non-food items like spider rings, pencils, stickers or bubbles.

-Never allow your child to snack on candy while trick-or-treating. Make sure they're fed before they head out hunting for treats.

-Parents should examine all candy before handing any over to children. Remove any items that have been opened or tampered with.

-Remove all choking hazards from your child's treat bag. This includes peanuts, gum, small toys and hard candies.

-Make sure that your house is kid-proof for trick-or-treaters. Remove all trip hazards from your driveway, sidewalk and front door.

-Make sure that all exterior lights are working.

-Make sure that walking surfaces are dry and are clear of leaves and other yard debris.

For information on Halloween events in Indiana, visit the Muncie Free Press website.

Halloween is for every one of all ages. Remember to keep these safety tips in mind to help prevent injuries. Maybe it you're nice to your little trick-or-treater, he or she will share some of the sweets with you. Happy Halloween!

Continue reading "Halloween Info and Tips to Prevent Injury in Highland " »

When it comes to distracted driving, we drivers may be our own worst enemies. That's because as drivers continue to voice support for anti-distracted driving legislation, many people continue to talk on their cellphone or send text messages while driving. According to JC Online, Indiana state laws prohibit drivers from texting while driving, but that's not stopping everyone, especially teen drivers.

It's no surprise that teen drivers are more likely to be involved in a car accident in Highland than any other age group of drivers. But did you know that teenagers face the highest risk for an accident during the first six months of unsupervised driving? This is exactly what a recently released study from the AAA Foundation for Traffic Safety tells us.

Our Indianapolis car accident attorneys understand the risks that newly-licensed drivers face on our roadways. In Indiana, all drivers are prohibited from text messaging behind the wheel, and drivers under the age of 19 are prohibited from using a cellphone while driving, according to the Governors Highway Safety Association. That's not enough to keep our young drivers safe though. Young drivers require much practice, guidance and supervision to ensure that their driving skills are on the right path. Parents are urged to stay involved in their teen's driving career long after they've received an unrestricted license.

According to the recent AAA study, teens are about 50 percent more likely to get into an accident during the first 30 days of unrestricted driving than they are during the first full year of this type of driving. They are also about twice as likely to get into an accident during the first 30 days as during two-full years of unrestricted driving.

For the study, AAA installed cameras into the vehicles of teen drivers in North Carolina and followed their every move on our roadways.

Three common mistakes made by these young drivers were:

-Speeding.

-Driver inattention.

-Failing to yield.

These three causes accounted for nearly 60 percent of all accidents in which these teens were determined to be at least partially at fault during their first 30 days of unrestricted driving. Researchers found that their risks for accidents significantly decreased as they gained more driving experience.

"We know that young drivers' crash rates decrease quickly as they gain experience," said AAA Foundation President and CEO Peter Kissinger.

The study also concluded that there were many close-call scenarios that were caused by simple driver mistakes, including running red lights, texting while driving, horseplay with other passengers, and other dangerous, distracting behaviors.

Parents are urged to keep an eye on their teen's driving skills long after they've graduated to an unrestricted license. Parents are some of the most influential people to a teen's driving habits. Teaching a teen safe road habits can lead to a lifetime of good decisions behind the wheel. Make sure to set ground rules, create a parent-teen driving contract and discuss consequences for breaking safe driving rules.

Continue reading "AAA Records Teen Driving Habits to Analyze Risks of Car Accidents in Highland and Elsewhere " »

The topic of distracted driving-related car accidents in Indiana has been a common topic of discussion in recent years. Both the AAA Foundation for Traffic Safety and the Ball State Office of Health Education has been working diligently to spread the word about the dangers and the consequences of driver distractions, according to BSU Daily News.

Both organizations have been asking residents to sign a pledge to get drivers to curb distractions while driving. AAA and the Ball State groups push the "Heads-Up Driving Week," which takes place from October 2nd through the 8th. Recently the Ball State Office of Health Education set up a location in the Atrium for students to sign the "distracted driving pledge" as a part of the "Plz Dnt Txt N Drive" campaign. AAA is asking drivers across the state to do the same. The "Heads-Up Driving Week" asks that motorists across the nation sign a pledge to put away all driver distractions for the entire week.

Our Highland car accident attorneys understand how many innocent motorists' lives are taken because of distracted driving-related traffic accidents. In 2009, there were approximately 5,500 lives lost on our roadways because of these accidents. The good news is that these accidents are completely preventable. All we need is participation from drivers of all ages in the state.

"We are trying to raise awareness about the dangers of distracted driving and the Indiana state law that went into effect in July," said Julie Sturek, from Ball State Office of Health Education.

The Indiana law Sturek refers to bans all drivers from using a cell phone while driving. Unfortunately, the distractions don't stop with cell phone use. Distractions can include smoking, eating, pressing the buttons on the radio, other passengers and "rubbernecking," whereby drivers slow down to look at vehicle accidents.

Distracted driving facts, according to Ball State Office of Health Education:

-Approximately 20 percent of traffic accidents that resulted in injury in 2009 reported the involvement of a distracted driver.

-Cell phone-using drivers are roughly four times more likely to be involved in a serious car accident.

-The use of a cell phone by a driver gives him or her the same slow reaction time as a driver who is legally drunk (with a blood alcohol concentration of .08).

-Drivers who text at the wheel are six times more likely to be involved in a traffic accident than a driver who is driving while impaired by alcohol.

-Cell phone-related distractions reduce brain activity by nearly 40 percent.

We're asking all drivers to take the "Heads-Up Driving Week" pledge and agree to curb all distractions for just a week. Distraction-related accidents are completely preventable. The first step in making our roadways safer is making a change within us. Take the pledge and urge your friends and family members to participate.

Continue reading "AAA Foundation for Traffic Safety and Ball State Office of Health Education Rally against Distracted Driving Car Accidents in Indiana " »

October 5th is International Walk to School Day. This week, various schools across the state will be participating in and coordinating a number of events to help reduce the risks of pedestrian accidents in Indiana.

Back in 2005, legislation was passed to provide funding to individuals states to help create pedestrian-friendly roadways. Politicians around the county understand the importance of safe routes to school for our school-aged pedestrians. Unfortunately, less than 2 percent of road spending is done with pedestrian safety in mind. Events like this help to shine light on these issues and to attract government attention. More importantly, they help remind parents of the risks.

Our Lansing pedestrian accident attorneys understand the need for safe routes to school for our children. According to the National Highway Traffic Safety Administration, there were more than 1,300 young pedestrians aged 14-years-old and younger who were killed because of traffic-related accidents in the U. S. in 2009. There were another 179,000 young pedestrians injured in these types of accidents during the same year.

Indianapolis schools participating in the festivities:

-Crestview Elementary: This school is coordinating a Walk to School with the Principal Event. This area has no continuous crosswalks or sidewalks. School officials are hoping to shine light on the need for crosswalks, trails and sidewalks in the area to help keep students who walk to school safe on our dangerous roadways.

-Center for Inquiry, IPS School 84: This school participates in a number of walk-related activities throughout the year. It's expecting a 60 percent participation rate this year.

-St. Thomas Aquinas: This is the third year of participation for this school. Parents, partners and volunteers all join together to help raise awareness during this time.

The International Walk to School Day started back in 1997. By 2002, there were approximately 3 million walkers across the globe who participated in the event. The organization pushes the event every year to help create healthier habits in children, to improve our roadways and to campaign for cleaner air.

Indiana Safe Routes to School Program is a year-long program that works the same initiatives as International Walk to School Day, according to the Indiana Department of Transportation (INDOT).

INDOT claims responsibility for looking over the Safe Routes to School Program. The DOT works with the program using federal funds to create safe-pedestrian initiatives.

According to the program, if the same number of kids who walked to school today was the same as the number of kids who walked to school in 1969, our country could cut more than 3 billion vehicles miles traveled every year. We would also be able to cut nearly 2 million tons of CO2 and nearly 90,000 tons of other pollutants from our air.

These eliminations would be just like taking 250,000 vehicles off of our roadways for one year. Aside from the benefits that our planet would experience from more walking, residents will benefit as well. Walking promotes a healthier lifestyle. With more pedestrians, there would be fewer vehicles and less traffic-related pedestrian accidents. Until that time comes, we all need to work together to stay safe on our roadways.

Continue reading "INDOT Joins International Walk to School Day to Raise Awareness about Pedestrian Accidents in Indiana " »