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“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.
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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:

Costumes

-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.

Pumpkin Carving

-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.

Sweet Treats

-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.

Halloween at Home

-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!
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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.
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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.
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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.
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U.S. Census Data collected in 2010 shows large increases in the number of single fathers as head of U.S. households.

Fathers Rights are an issue of great importance. As a veteran child custody attorney in Highland, Burton Padove understands how important it is for a father not to be pushed to the weekends when parents divorce.Over the past decade, there has been a real shift toward a presumption that both parents should share parenting duties and custody, to the greatest extent possible. That fathers should remain a dynamic presence in a child’s life — not relegated to very other weekend visitation. Or summers and holidays.

The 2010 Census shows the number of men heading households shot up by more than 27 percent in the last decade.

Single dads now account for 8 percent of all U.S. households — up from 6.3 percent in 2000 and little more than 1 percent in 1950.

In 1973, Indiana became the first state to pass a law declaring no parent should be favored for child custody based on gender. Since then, most states have followed suit in ending any presumption that child custody should be awarded to the mother. Oregon has gone so far as to pass a law that presumes joint custody will be awarded. Alabama recently began debating similar legislation.

“It’s time for us to stop assuming that single parents are always women,” said Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University in Baltimore. “There is a visible presence now of single men caring for their kids. We didn’t see that a few decades ago.”

Indiana’s parenting time guidelines presume it’s in a child’s best interest to have frequent, meaningful and continuing contact with each parent. A child custody agreement will set out which parent or parents can make substantial decisions on behalf of a child, including those involving education or health care.

Other factors the court may consider in determining the “best interests” of a child include:

-A child’s preference, depending on age.

-A parents health, habits and lifestyle.

-Abuse or neglect risks.

-Parents ability to provide for the daily needs of a child.

-Continuity of child’s life, including schooling and community and social activities.

Move away custody issues is another area of family law in Indiana that has attorneys fighting on behalf of the rights of a noncustodial parent. A parent desiring to move away must provide a Notice to Move and a proposed parenting plan.

The other parent has the right to object, in which case a hearing will be set to establish what is in the “best interests” of a child. The non-custodial parent may also obtain a restraining order, which legally prevents the move until such a hearing can be held.
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From 2000 to 2009, there were nearly 1,000 fatalities resulting from traffic-related pedestrian accidents in Indiana, according to Transportation for America. These accidents cost the state nearly $3 billion. Our state ranks 25th out of the 50 states for pedestrian danger. We surely aren’t the worst, but we surely aren’t the best.According to a recent study that was conducted by the AAA Foundation for Traffic Safety the relationship between a pedestrian’s risk of death and the speed of the vehicle upon impact is directly correlated. This topic has been studied extensively, but had not been revisited in recent years. Older studies lack relevancy when compared to today’s cars, technological advancements and modern street designs.

Our Highland pedestrian accident attorneys understand that bicycle and pedestrian accidents commonly result in serious or fatal injuries. Before concluding the study, AAA comprised a list of recommendations that local, state and federal transportation officials should consider to help make our roadways safer for pedestrians and all other travelers.

“It’s time for a healthy reminder that Indiana’s sidewalk and trail network is also expanding to serve a demand for non-motorized modes of transportation and recreation,” said Indiana Department of Transportation (INDOT) Commissioner Michael B. Cline.

The AAA Foundation reports that there were about 4,000 pedestrians who were fatally injured on U.S. roadways because of motor-vehicle-related accidents in 2009. Another 59,000 were injured in these types of incidents. Through the study of pedestrian accident data, the Foundation has determined that the speed of the involved vehicle was a top contributor in these accidents. Faster accidents more often resulted in serious or fatal injuries to accident victims.

According to the study, a pedestrian faces a 10 percent risk of injury when hit by a vehicle that is traveling just 16 mph. Pedestrians face a 25 percent risk at 23 mph, a 50 percent risk at 31 mph, a 75 percent at 39 mph and a 90 percent risk at 46 mph.

The risks increase just the same when calculating the risk of death. A pedestrian faces a 10 percent risk of death when hit by a vehicle that is traveling at just 23 mph, a 25 percent risk at a speed of 32 mph, a 50 percent risk of death at 42 mph, a 75 percent risk at 50 mph and a 90 percent risk when a vehicle strikes at 58 mph.

Indiana transportation officials continue to move forward with new plans for a Bicycle and Pedestrian Program that is aimed at increasing the safety of our pedestrians and cyclists.

Bicycle and pedestrian plans have recently been approved for the following communities:

-Fort Wayne
-Northwestern Indiana
-The South Bend-Elkhart area
-Muncie
-Indianapolis/Marion County
-Hamilton County, Bloomington
-Lafayette
-Anderson
-Goshen
-The urban portions of Clark and Floyd Counties
-Terre Haute,

-Madison
-Zionsville
-Kokomo
The AAA Foundation summed up its report with a number of safety measures that federal, state and local governments can look at to help reduce the risks of pedestrian accidents.

One of the first recommendations included reducing speed limits. Speed limits should be reduced in areas where a large pedestrian population tends to travel. In areas where fast-traveling traffic is a necessity, officials are encouraged to create a physical separation to keep pedestrians and motor-vehicle traffic separated from one another. The study also reaches out to car manufacturers, urging them to find ways to create smarter in-car technology that has the capability of detecting pedestrians who may be dangerously close to the vehicle and either alerting the driver or automatically rerouting the car itself.
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Massachusetts has signed into law a sweeping overhaul and limits on alimony payments, The New York Times reports.

In Indiana, assisting a client in alimony and child support matters is one of the primary responsibilities of a Highland divorce attorney. The two are not interchangeable and have different tax implications. A judge may award support based on the length of the marriage, the earnings power of one or both spouses, parental responsibilities or any number of other factors.Child support and alimony laws in Indiana is complex. And an alimony award may influence a property distribution. In cases in which spouses cannot agree on alimony, the court will decide the issue based on a number of factors.

-Physical or mental disabilities that may preclude one spouse from working.

-Whether the spouse lacks sufficient property to provide for his or her needs.

-A spouse is the custodian of a child whose needs require the custodian to forgo employment.

-Education level of each spouse.

-Whether the interruption of a spouse’s education occurred because of duties at home, including child care.

-Earnings capacity of each spouse. As well as training, skills and employability.

-Time required to acquire such skills or education.

In Massachusetts, the previous system permitted lifelong alimony payments after both short and long-term marriages. Most states limit alimony in short-term situations. Massachusetts law often required payments to continue long after a spouse retired or the receiving spouse moved in with a new partner. The new law permits most payments to stop upon retirement and sets limits based on length of marriage.

Under the new law, a marriage of five years or less may require alimony payments for half the length of the marriage. Long-term marriages of 15 or 20 years could require payments for up to 80 percent of the length of the marriage. Indiana spousal support laws permits a judge to award alimony temporarily or on a short-term or long-term basis.

The Wall Street Journal reports the law still permits judge’s to order indefinite alimony for long-term marriages. It also permits “reimbursement alimony” in cases where, for example, one spouse put another spouse through school.

Earlier this month, the Tennessee Supreme Court ruled lifetime alimony is inappropriate provided a woman is in reasonable health, has a decent job and was fairly treated during the division of marital assets.

Alimony has become a hot-button topic, particularly during the economic downturn. Studies suggest men have been harder hit than woman by unemployment and stiff alimony payments can quickly lead to financial ruin. Fighting for fair alimony is best done from the start of a case. Hiring an experienced Indiana family law attorney, and fighting for fair payments from the start, is much easier than attempting to have alimony payments reduced once an award has been granted.
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After yet another fatal trucking accident, the National Transportation Safety Board (NTSB) has decided to make another recommendation for commercial truck drivers to be banned from using a cell phone or any hands-free device while driving. The most recent accident took the lives of 11 people and destroyed some shops off Interstate 65 in Kentucky. The driver’s phone records reveal that he was making phone calls and sending text messages just seconds before the fatal accident, according to Reuters.In 2009, there were more than 100 large trucks involved in fatal trucking accidents in Indiana. Many of these accidents could have been prevented if there were more restrictive laws regulating driver distractions. These types of accidents are in fact preventable.

Our Highland trucking accident attorneys understand that mixing a distracted driver and a 40-ton commercial vehicle is a recipe for disaster. Often, these types of accidents turn deadly and cause serious property damage. With current laws and enforcement efforts, too many drivers are continuing to drive while engaging in a number of distractions on our roadways. Until more comprehensive regulations are enacted, motorists will unfortunately continue to suffer in these accidents.

“Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways,” said Deborah Hersman, chairman of the NTSB, according to Reuters.

According to the phone records of the commercial trucker who was heading down the Kentucky interstate, he made four calls within the minute before the accident. He also made nearly 70 phone calls and text messages within the 24 hours leading up to the accident.

The new recommendation from the NTSB supplements a proposal from federal officials. There have been previous suggestions of a complete ban on the use of all hand-held phones by commercial trucks and drivers of buses.

“This is the most comprehensive recommendation we’ve made,” said Hersman.

The NTSB doesn’t have the authority to make a proposal a law. The Board does have high expectations though. The recommendation has been sent over to the Federal Motor Carrier Safety Administration. Previous recommendations have been transformed into laws in the past. The NTSB is using this platform as a catalyst.

Support for this type of ban is universal but authorities are having a hard time figuring out who’s best to enforce it. If the proposal takes effect, lawmakers in every state would have to take action to help hold up its end of the bargain, according to FOX News.

“It’s going to be pretty difficult politically to get that kind of law through a state,” said spokesman for the Governors Highway Safety Association, Jonathan Adkins, according to FOX News.

As of now, there are more than 30 states that prohibit commercial truck drivers from texting behind the wheel. That means that the 2.8 million commercial truck drivers who were recorded in the U.S. in 2008 must pull over and park before sending a text. Unfortunately, that’s not always the case and that’s how people get killed.
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Students in Vigo County are mourning the death of a classmate who recently died from injuries sustained in an Indiana teen car accident. The collision happened when the vehicle of the teen driver and her two passengers drifted into the path of another vehicle while traveling along State Highway 246. The two passengers remain in the hospital.

“She was a great art student she was really creative. I will always remember her smile and enthusiasm. It was her goal to get it done, she was going to graduate,” said Christy Eileen, an art teacher at McLean High School, according to a WTHI Channel 10 report. The students and the faculty made posters and crafts to display at the student’s funeral, the report stated.Our Indianapolis car accident attorneys understand the risks that young drivers face on our roadways. Newly-licensed drivers possess much less driving experience than older drivers and are usually unable to properly judge the hazards and dangers on our roadways. According to the Insurance Institute for Highway Safety, young drivers in our state are required to complete two stages of restricted driving, or a Graduated Drivers Licensing (GDL) program, before receiving an unrestricted license once they’ve reached the age of 18. Unfortunately, recent studies illustrate that these GDL programs aren’t as effective as one thought. Studies conclude that drivers who have completed the program are at more of a risk for an accident once they receive a full license than they faced in the program. Parents and guardians need to understand that our job doesn’t stop once they’ve received an unrestricted license. Education and reminders need to continue long after our young drivers are out of school.

GDL programs first started in 1996 and according to a recent study that was printed in the Journal of the American Medical Association, 16-year-old drivers witnessed a 26 percent decrease in the rate of fatal accidents from 1986 to 2007. But, during this same time period, 18-year-old drivers experienced an increase of more than 10 percent in the number of fatal accidents. This increase in the older teen drivers completely wiped out any progress in the death rate for all teen drivers, according to CNN Health.

The GDL program in Indiana started back in July 2009. Through this program, 16- and 17-year-old drivers are under probationary restrictions until they reach the age of 18. These stages in the program are meant to expose young drivers to potential hazards gradually instead of overwhelming them with everything at once. Once they’ve mastered a level of driving, they’re permitted to move on to the next stage.

“Right now, we’re not getting the net effect across all teens that we’re hoping for,” says Scott V. Masten, Ph.D., author of the recent study cited in the JAMA article.

Experts believe that 18-year-old drivers are experiencing more fatal traffic accidents because youngsters are choosing to opt out of the restricted driving privileges and are avoiding driving until they’re 18. Others believe that younger drivers are at more of a risk after completing the program because they’re forced to miss out on valuable experience, meaning they’ve been coddled throughout the learning process.

The study reveals that no one is guaranteed to avoid a car accident, regardless of education. Parents are urged to continue to remind their young drivers about the responsibility and dangers of driving. No one is ever too old or too smart for a better driving education.
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