Browsing Best Law Now blog archives for May, 2010.

Don’t Divorce Your Children

Divorce is certainly an emotional time for families. In fact, it ranks as one of the most stressful experiences in life. However, it is not only the adults who experience this stress. If the adults are parents, their children often suffer greatly. Their suffering can not be entirely eliminated. A certain amount of grief at the ‘death’ of their parents’ relationship is to be expected. Nevertheless, while the adults are going through typically arduous legal wrangling it is important for them to remember the needs of their children and put them first. Deciding to cooperate for their sake will help to protect the children’s emotional well being by maintaining their sense of security and need for unconditional love. Marital breakdown is difficult for everyone – especially children. There are several ways in which loving, responsible parents can cooperate for the good of their children. Even though the marriage may have broken down, the parental relationship is ’till death do us part’.

Child and youth counselors emphasize that children need lasting relationships with both parents. More often than not joint custody is granted because of this accepted understanding. Ideally, the relationship of the parents should be business-like and cooperative for the sake of the children. Children should not witness hostility between their parents and should not hear negative statements about either parent. It is recommended that parents commit to regularly scheduled meetings, in a neutral location for the purpose of discussing child-related issues. Education, medical, religious and moral issues that concern the children’s well- being need to be dealt with by both parents. If emotions prohibit calm conversation, there are often family justice counselors available in the community to facilitate these important meetings.

Children going through the divorce of their parents usually have many questions and worries. Compassionate responses are required and it certainly takes mature parents in order to put aside their own issues and help their children gain some understanding about a situation over which they have no control. Unfortunately, many children experience guilt and often blame themselves for the marital breakup of their parents. Counseling – whether group or individual – can be an effective way to lessen this destructive burden. The objectivity of the counselor may help the child open up and share his/her feelings. As children mature, their questions will differ so the issue of their parents’ divorce is never really over. A commitment on behalf of both parents to open communication with the children will reassure them greatly.

How Disability Insurance Differs From Health Insurance

When faced with the option of whether to purchase disability insurance, many consumers say no without fully understanding the consequences of their decision. The major reason why so few people opt for a smart amount of disability insurance is that disability insurance policies are not as widely held or as commonly discussed as life or health insurance policies. This leads to the current situation, where many people remain uneducated as to the possible benefits that disability insurance can offer them.

Disability insurance works within a fairly simple framework. In the event you become disabled in some way and cannot do the job that you are trained for and accomplished in, your insurance will pay you some amount of tax-free replacement income. Disabilities come in many shapes and forms, and anything from vertigo to obesity to any other condition that interferes with your ability to work can potentially make it possible for you to file a disability insurance claim.

To many people, disability is a word that brings to mind hospitals and medical costs. To be certain, you may require a substantial level of care in order to recover from the injury or illness that has made it impossible to work, and having good health insurance is an important part of making it through this kind of situation with your bank account still in the black. However, it is all too easy to forget about the fact that if you find yourself in this situation, medical costs are just one piece of the financial pie. If you cannot work because of a health condition, trying to keep your home, car, and other assets can be a serious struggle without the assistance that a disability insurance claim can offer. The exact amount of money you will receive as income replacement varies depending on the kind of policy that you have, but most people who have disability insurance are insured for roughly half of their normal gross income. This kind of helping hand during the difficult period of recovery after an injury or illness can mean the difference between being able to make ends meet or falling deeply into debt.

Although few people enjoy planning for a worst case scenario, spending some time figuring out how you could financially weather becoming disabled may lead you to put some important plans into place. This kind of forethought can help make a difficult period much more bearable. Many people find that knowing they are prepared for the worst helps them enjoy more carefree times; so consider taking out disability insurance for your peace of mind as well as for its other benefits.

Budgeting: The Critical Flaw That Causes Most Budgets to Fail

Budgeting: The Critical Flaw That Causes Most Budgets to Fail

Budgeting. It’s a word we’re all familiar with. Everyone knows what a budget is, right? Yet how many of us actually make and stick to a solid monthly budget? The truth is that most of us start out with the best of intentions, but an unexpected expense comes up and busts our budget. Then we give up and go back to juggling our finances and worrying about having too much month left at the end of the money. However, if you are striving to create a budget for the purpose of systematically paying off your debts or to start a savings and investment program, then it’s critical to develop a workable and realistic budget.

So what’s the problem? Why do most of us fail at the simple task of creating a budget so we can live within our means? The simple truth is that most budgets don’t work because they fail to account for irregular or variable expenses. Everyone knows how much their rent or mortgage payment is. It’s the same amount month after month. If your rent is $1,000 per month, that’s a no-brainer. The same is true of many other fixed expenses, such as auto loan payments, cable TV subscriptions, insurance premiums, and so on. It’s easy to budget for these expenses because the amounts don’t change from one month to the next.

Besides expenses that are the exact same figure each month, there are numerous types of expenses that vary a little from one month to the next, yet we still have a pretty good idea what we spend each month. A good example is our grocery bill. Most of us have a fairly clear picture of how much we spend each week at the supermarket. So, we can insert a realistic figure into our budget-in-progress and not be too far off the mark. The amounts may go up or down slightly each month, but we usually know the range we’re dealing with. Other examples of this category include telephone bills, utility bills and gasoline (when prices are stable, that is).

The real culprit in busted budgets is the variable or irregular expense. How much will you spend on car repairs over the next 12 months? What about medical bills? Home maintenance costs? It seems that bills for these types of expenses hit us out of left field, and there goes our budget. Before long, we’re using food money to cover a new set of tires for our car and the whole budget comes crashing down.

So what’s the solution? There is no perfect answer to this problem. But we can come to a close approximation by using the simple technique of monthly averaging. Start by gathering 12 months’ worth of checkbook registers, bank statements, and credit card statements. Write down (or enter into a spreadsheet) how much you spent each and every time your money went toward something that was not a fixed expense. Group these expenditures into categories, such as auto, home maintenance, clothes, etc. Don’t try to break it down too far. What you want is a handful of useful categories. Then keep listing each of these expenses under their relevant categories for the full 12-month period.

When you are done with this exercise, you should have an excellent idea of your total annual expenditure for these variable expenses. For example, if you add up all the automobile repair or maintenance expenses for the year, and the figure comes to $1,200, then divide by 12 to get the result of $100 per month average. That’s how much you need to allow in your monthly budget in order to build up enough reserves to handle an auto repair when it comes up. Again, this method isn’t perfect, because an expense may come up that exceeds your estimated outlay, but at least it takes into account a closer approximation to reality than simply guessing, or worse, ignoring auto maintenance in your budgeting.

The trick here is to set up a separate savings account in which to set aside these “extra” funds. Let’s say the “extra” $100 goes into the savings account for six months, and then you get hit with an auto repair for $400. You pull the money from your $600 savings that was purposely built up for this type of expense. This way, you’re automatically setting aside amounts intended to cover each type of irregular expense that you encountered over the previous year.

Most people are shocked when they perform this 12-month analysis of irregular expenses, and it immediately becomes clear why their budget is always breaking down. This technique leads to the discipline necessary to recognize that “extra” money is seldom really extra. If we think we have our bills covered, and there is some cash burning a hole in our pocket, our tendency is to spend it on something fun. But if we know that there really is no cash left over, because we haven’t yet set aside the extra $100 needed to keep our car on the road, then we’ll be less inclined to spend it on pizza, beer, and movies.

Budgeting can be successfully accomplished by this technique of monthly averaging, especially if we consistently apply it year after year. As we move forward, our understanding of our true expenses becomes clearer and clearer, and we are no longer surprised by the occasional unexpected expense.

The best way to implement this approach is to set up a regular savings program, where the amount you’re setting aside to cover irregular expenses gets automatically deducted from your paycheck and forwarded to your savings account. If the money is deducted from your paycheck before you even see it, then you will be less tempted to skip this critical part of the budgeting process, and you will greatly increase the chances of making a budget work over the long term.

Financial Education Can Pay Dividends for Youth

According to statistics from the National Council on Economic Education, only seven states require high school students to take a personal finance course while eight others require courses with personal finance content.

This was from a 2004 survey that also showed only nine states test personal finance knowledge. These numbers are beginning to change as the state of Missouri joins the fray and will require one-half unit of credit in personal finance instruction for graduation in 2010.

A 2004 national survey by the Jump$tart Coalition for Personal Financial Literacy measured 12th graders’ knowledge of basic personal finance. On average, students who participated in the survey answered correctly only 52.3 percent of the questions – an “F” in most high school classrooms.

Financial illiteracy isn’t a problem limited to students. Half of U.S. adults received a failing grade for their knowledge of basic economic concepts, according to the NCEE.

But there is hope in education. The National Endowment for Financial Education has confirmed that as few as 10 hours of classroom instruction can improve spending and saving habits.

Because financial literacy is fundamental to personal success and a benefit to society, American Century provides support for financial education.

In cooperation with a premier education consultant, the investment manager developed Tips for Kids and Tips for Life, curricula for use in the classroom. To date, these programs have been used by more than 3,000 educators in all 50 states. The free programs are delivered via the Internet to educators and are presented to education conferences to help users implement the programs in their schools.

American Century’s efforts to improve financial literacy extend beyond the Tips for Kids and Tips for Life programs. Free educational materials and tools are available on its Web site. And the information presented in American Century founder James E. Stowers’ “Yes You Can…” book series is designed to share the personal experiences and ideas that helped him become successful.

Educating today’s students on basic financial principles will pay dividends in the future because they are tomorrow’s social, political and economic leaders.

Benefits of Pre-paid legal plans

Pre-paid legal services can be a very attractive alternative to hiring a
lawyer for many people. You should consider the importance and relative
priority of these benefits in light of your own legal needs.
So what are the benefits going pre-paid compared to conventional hire of
lawyers?

Benefit Number 1: Cost-Effective

Pre-paid legal plans can take the sting out of hiring a lawyer. Lawyers
fees are prohibitive for most people: you can run bills of thousands of
dollars and this is simply out of reach of most working and middle-class
families.
With pre-paid plans, what you get charged is more in line with what you
pay for your health or home insurance. Plans start as low as $9 per month
and typically dont exceed the $30 mark.

Benefit Number 2: Simplicity

There is a number of very complicated set of fees lawyers charge:
contingency fees, flat fees, statutory fees and hourly rates. In the case
of contingency and statutory fees, you have to get into the intricate
details of how these fees are computed say for a contingency fee how
much is the lawyers commission? and their regulatory nature who
regulates the statutory fee and how do I know if these fees are in line
with regulatory guidelines?-.
The other two types of fees can be equally as complex. Increasingly,
attorneys choose to incorporate any overheads they incur, like secretarial
expenses, parking charges and travel fees into their flat and hourly fees.
They can also set a minimum number of billing units, like three tenths of
an hour (18 minutes), irrespective of how long it takes them to deal with
your problem.
This is just a sample rundown of what might influence the various fees
charged by lawyers, other factors and arrangements can apply too. Contrast
this with the simplicity in which pre-paid legal services are priced and
furnished. The process is simple and straightforward: you sign an agreement
to pay a fixed monthly fee and thats about it. If what youre looking for
is not covered, your plan provider will give you a prior notice of a
different billing so that you know exactly how much you will be charged.

Benefit Number 4: Pre-emptive Law

Pre-paid plans offer unlimited phone consultation and advice. This aspect
of the service can save you a lot of trouble, money and time in the
future. Most legal problems you are likely to face in your day-to-day life
can be solved if you take the necessary steps in line with the law. With
the right advice and consultation with your lawyer, you can detect legal
blunders before they occur and hence minimize the risk of litigation and
protection.

P

Benefits of Pre-paid legal plans

Pre-paid legal services can be a very attractive alternative to hiring a
lawyer for many people. You should consider the importance and relative
priority of these benefits in light of your own legal needs.
So what are the benefits going pre-paid compared to conventional hire of
lawyers?

Benefit Number 1: Cost-Effective

Pre-paid legal plans can take the sting out of hiring a lawyer. Lawyers
fees are prohibitive for most people: you can run bills of thousands of
dollars and this is simply out of reach of most working and middle-class
families.
With pre-paid plans, what you get charged is more in line with what you
pay for your health or home insurance. Plans start as low as $9 per month
and typically dont exceed the $30 mark.

Benefit Number 2: Simplicity

There is a number of very complicated set of fees lawyers charge:
contingency fees, flat fees, statutory fees and hourly rates. In the case
of contingency and statutory fees, you have to get into the intricate
details of how these fees are computed say for a contingency fee how
much is the lawyers commission? and their regulatory nature who
regulates the statutory fee and how do I know if these fees are in line
with regulatory guidelines?-.
The other two types of fees can be equally as complex. Increasingly,
attorneys choose to incorporate any overheads they incur, like secretarial
expenses, parking charges and travel fees into their flat and hourly fees.
They can also set a minimum number of billing units, like three tenths of
an hour (18 minutes), irrespective of how long it takes them to deal with
your problem.
This is just a sample rundown of what might influence the various fees
charged by lawyers, other factors and arrangements can apply too. Contrast
this with the simplicity in which pre-paid legal services are priced and
furnished. The process is simple and straightforward: you sign an agreement
to pay a fixed monthly fee and thats about it. If what youre looking for
is not covered, your plan provider will give you a prior notice of a
different billing so that you know exactly how much you will be charged.

Benefit Number 4: Pre-emptive Law

Pre-paid plans offer unlimited phone consultation and advice. This aspect
of the service can save you a lot of trouble, money and time in the
future. Most legal problems you are likely to face in your day-to-day life
can be solved if you take the necessary steps in line with the law. With
the right advice and consultation with your lawyer, you can detect legal
blunders before they occur and hence minimize the risk of litigation and
protection.

P

How Can I Compare Life Insurance Quotes?

The online life insurance companies offer a free service where you can request a free quote for your life insurance needs. This enables you to compare life insurance quotes to see where you can save money with one over the other. To compare life insurance quotes, all you have to do is request a quote from as many companies as you wish and them compare the terms, the premiums, death benefit and clauses contained in each one.

There are also internet sites where you can compare life insurance quotes from up to five different companies at one time. This saves you the time of having to wait for each quote to come in and then print each one off to compare the best rates. The reason for comparing the quotes on life insurance is to make sure you do get the best rates on life insurance. This lets you get the best possible death benefits at the lowest possible premiums.

There is no problem with entering your information on the online life insurance company websites. These companies are looking for your business and are therefore secure sites. Your personal information will not become part of the public domain when you want to compare life insurance quotes. The company does have your best interests at heart and does want to have you as a customer.

To get the best rates on life insurance you need to look at the companies themselves. Choose life insurance companies with a proven track record. This way you know that when you compare the life insurance quote, an agent has checked it and that you wont run the danger of the company going out of business. Just remember that you do have to look at the length of the term to get an overall picture of the best rates on life insurance. A longer term with low monthly premiums means you wont have to start your search for the best rates again in the near future.

The best rates are ones that you can afford. You should start out with an amount that you can afford each month and then compare life insurance quotes that come close to that amount. You may have to revise the amount of the life insurance and the length of the term to get the best rates that fit your budget. You can always upgrade to a longer term, a higher payout or even whole life insurance when you can afford it.

To get the best life insurance rates you need to get a few quotes and then compare the life insurance quotes that you have. But its not just about price. Theres more to compare than just price.

Divorce Overview

Divorce is not just a termination. Its a beginning.

Maybe your friends of the family or people at work will be going through its own set of changes as you face others with your new civil status.
Divorce may be defined as a termination but it is the start of new beginnings and the introduction of a number of changes in both you and your childrens lives.

Is divorce for you?

Before that, if you are reading this and are in the process of considering divorce, take a moment to think about several assertions. If you believe that you can accept the following assertions as true in your marital relationship, give the idea of divorcing your mate a second thought.

I believe I still have love for my mate.
I am prepared to seek counseling or marital therapy for the sake of the relationship.
I want to transform for the better.
I value openness and truthfulness in my relationship with my mate.
It doesnt matter whos right or wrong, what matters is that I am willing to seek forgiveness or forgive when needed.

However, if you cannot see yourself in the mentioned assertions, read on to gain a basic understanding of divorce.

There have been misunderstandings as to how divorce and annulment differ. As mentioned, divorce is a termination of the marriage contract. Annulment, on the other hand, deems the marriage null and void, as if one were never married in the first place.

In certain areas where divorce has stigma attached to it due to the countrys dominant religious belief, annulment is more popular.

The Popularity of divorce

Most developed countries, despite certain religious stigma, divorce is widely acceptable. The popularity of divorce in developed countries has been on the up rise since the 20th century. Countries like the United States, United Kingdom, Canada, and South Korea, have all been affected by this popularity of divorce.
However, in the Philippines and Malta, divorce is illegal. Even if divorce is legal in Japan, the country has been able to maintain a distinctly low divorce ratio. Because of the Catholic Churchs influence, a number of countries in Europe have banned divorce. As a result, people in these locations seek out other areas in order to get divorced.

Financial Budgeting, Income, Costs and Hints (Part 1 of 5)

Financial Budgeting, Income, Costs and Hints (Part 1 of 5)

Part 1 is: Create and Maintain a Budget

The first step to avoiding the troubles of financial debt is to create and maintain a budget. Its not as intimidating as it sounds, dont worry.

First off, create a list of all your monthly income and also a list of your monthly expenses. When determining income, list all sources including alimony, child support, side jobs, etc. In calculating expenses, be sure to include housing, food, transportation, utilities, entertainment, etc. To gain an accurate reflection of actual expenses, sit down each night and write down expenses, just make sure to save receipts. Determine if your income covers all of your expenses. If the answer is no, then some expenses need to be reduced.

Adjust expenses. If it is a small discrepancy, it may mean reducing some minor expenses like entertainment or cell phone plan. If the deficit is larger, you may need to downsize your vehicle or living arrangements. If your income covers all of your expenses, you still may want to trim some of the excess fat off your spending habits. This can free up extra money for things such as vacations or college funds for your children.

Additionally, consider if you need to add new categories. Some areas that are often overlooked are debt reduction, emergency savings funds, and retirement savings. An emergency fund ensures there is an adequate amount available to cover unforeseen events (car emergency, etc), should it arise. This will eliminate the need for using credit which can quickly damage your budget.

There are several advantages to sticking to your budget. Firstly, most people have set financial goals that they would like to reach in the future. Sometimes it may be a trip, a brand new car, or a college education. A budget can help people save money to make these goals a reality. Additionally, many people are crushed under heavy consumer debt. Without a disciplined pattern of spending, it is virtually impossible to make much headway in reducing debt. A personal budget will provide the necessary framework to begin eliminating these inflated account balances.

If executed properly, a budget will allow a person to simultaneously meet their expenses, place money into savings, and pay back outstanding debts. Therefore, it is anyones best interest to create and implement a budget.

Bankruptcy Lawyer Dirty Secrets

The field of bankruptcy law has exploded in recent years, even though the process of filing for bankruptcy really only involves filling out a few forms. Misconceptions, frightening news articles, and misleading advertisements put out by many of the firms now specializing solely in bankruptcy law have convinced the average consumer that they absolutely must hire an expensive attorney in order to get rid of the money they owe.

Even if the client has an above-average number of questions or a combination of income, debt, and assets that are more complicated than most, an experienced lawyer should be able to handle a bankruptcy claim from start to finish in a matter of hours. Some honest legal professionals only bill their clients for this small amount of work, but the majority charges a minimum of $2,000 for a basic filing. In fact, in some areas, rates can skyrocket as high as $10,000 for a single case!

These inflated prices have actually driven many of the honest attorneys out of bankruptcy altogether, because once a client has been convinced that bankruptcy should cost them thousands of dollars, they are naturally wary of hiring anyone who charges much less.

Filling out bankruptcy paperwork is so simple in many cases that attorneys have their secretaries fill it out. Yet the field has created so much money for certain greedy lawyers that instead of letting their clients know this, they instead pocket the cash and stand back and watch while bankruptcy filings needlessly get out of control.

No matter what circumstances brought you into your current financial situation, declaring bankruptcy should never be a first choice when trying to deal with high levels of debt. Especially after taking into account high attorney fees and new credit-card-friendly laws, it would be much better for you in both the short-and long-term if your financial difficulties are handled out of court.