The Benefits of a Guardianship for Disabled Adult Children.

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When your disabled child turns 18, a guardianship provides many advantages, benefits and protections,

 When a disabled child becomes an adult, their parents can no longer make decisions for them relative to health, finances or education. A guardianship over a disabled adult child allows a parent to continue to assist an adult child in the same way they always have without interruption.  The parent guardian of a disabled adult child can apply for Social Security Income (SSI) benefits as well as Medicaid benefits for that child.  Guardianships over disabled adult children can be for a limited purpose and/or on a temporary basis. A disabled adult child can continue to hold many rights such as the right to vote, the right to marry, and the right to obtain a driver’s license. The rights maintained by the disabled adult child usually depend upon the degree of incapacity that the child experiences.

 Consult with an experienced attorney to understand the benefits and security that a guardianship can usually provide for the adult child and the entire family.

New Alimony Law

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Divorce+Alimony+Child+Support+Custody

Effective January 1, 2019 there is a new law that dramatically changes the way in which the Court calculates Alimony.  This new law replaces earlier versions of the Alimony Statute. The new law allows the Court to award “term alimony” or “reimbursement alimony.” When considering whether term alimony is appropriate the court will consider the disparity of income between the parties such that one party is unable to meet his or her own reasonable needs taking into account the martial lifestyle of the parties.  If the Court finds that an award of term alimony is appropriate the formula applied by the court is the lesser of payee’s reasonable need, or 30% of the difference between the parties gross income at the time of the order. The maximum duration of term alimony is 50% of the length of the marriage. Term alimony may be modified (up or down) if there is a substantial unforeseen change of circumstances and the modification will not cause undue hardship on either party.

Reimbursement alimony is not need based. Rather, it is to compensate the payee for economic or non-economic contribution to the financial resources of the payor when there are insufficient assets available to the parties to make an adjustment through distribution of the couple’s assets. The maximum duration of reimbursement alimony is 5 years from the effective date of the decree. Reimbursement alimony is not modifiable.

Alimony is an important element in any divorce one that needs careful consideration by both parties. It is important that anyone considering divorce seeks legal counsel to avoid the pitfalls that await them with the new alimony law.

Fall Is Active Time for Deer, Be Alert!

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You are on your bike and a deer is in front of you on the road at dusk or dawn, do you try to swerve to avoid a collision?  NO, says the experts.  Swerving may likely cause bike to go down, hit a tree or guard rail or even hit the deer as it makes a last minute leap to “safety.”  Stay the course. Using a horn and control brake is the best action.  Deer are traveling the most during October and November.  Remember, a deer is not a stationary article.  What has your experience been?

Deer in the headlights? Don't swerve to avoid it

Robert Duffer, Chicago Tribune, reprinted Manchester Union Leader.