A. Yes, there can be income withholding for Social Security Disability and Social Security Retirement benefits. There cannot be a withholding for SSI because those benefits are a form of public assistance.

If you have any other Child Support questions please call our Lake County Ohio Law office and schedule a free consultion.  440-639-1020

Social Security released their annual list of the top ten baby names for 2009

Top 10 Names for 2009

                                                                                                Patrice Denman Co LPA

                                                                                                440-639-1020

For various reasons, Reglan side effects run across the entire demographic spectrum. Reglan tardive dyskinesia, which is the involuntary movement of tongue, eyes and other facial muscles, as well as limbs and appendages, is usually associated the elderly, following a lifetime of medicinal use. But Reglan can affect people at any age, including newborns and those at the height of their careers.

Reglan was approved by the US Food and Drug Administration (FDA) in 1979 for short-term treatment of gastrointestinal issues. The recommended length of treatment is no longer than three months. Due to the ongoing nature of gastrointestinal disorder for numerous people, Reglan use has extended beyond the three month safety window for many—and today Reglan is considered the leading cause of tardive dyskinesia among patients with the disorder in the US.

Last year the FDA issued a black box warning for Reglan—30 years after it was approved—noting the link to tardive dyskinesia.

Women and the elderly are considered at highest risk for tardive dyskinesia. However, anyone at any age can experience the involuntary movements associated with the disorder—and for young people or those in their middle years, such a condition can affect their lifestyle, career and livelihood.

YouTube features dozens of heartbreaking videos of tardive dyskinesia patients, mostly of the elderly. However, among the videos of old men and women gumming and twitching uncontrollably are representations of young women and men at the peak of their careers exhibiting similar movements. One can imagine that an employee whose physical deportment degrades to include lip chewing or movement, tongue thrusting, excessive blinking and repetitive chewing may be in danger of losing their job. Participation in social activities is often severely curtailed as a result.

Reglan side effects in infants are a recent concern, given that the drug has been trending increasingly higher for use with premature infants. Critics of Reglan use for infants cite the lack of any significant research on the affects of metoclopramide (Reglan) on infant populations. The fact that it has been present in the market for 30 years has led doctors to trust Reglan and prescribe it off-label for a variety of conditions—a mistake, say critics, when Reglan side effects could potentially stay with the children for the rest of their lives.

It was recently revealed that a motility agent widely used in neonatal units for premature infants was pulled from the market for safety reasons about a decade ago. The 5/3/10 issue of PR Newswire did not identify the motility agent or the reason for the safety concerns.

Reglan Legal Help

If you have suffered losses in this case, please send your complaint to a lawyer at our Painesville Law Office 440-639-1020 who will review your possible Reglan Lawsuit at no cost or obligation.

May 21, 2010. By Gordon Gibb         Lawyersandsettlements.com

Q. What if the non-residential parent cannot be found locally?

A. Our office will use multiple resources to attempt to locate the non-custodial parent.  When the non-custodial parent’s social security number is known, the CSEA is able to use the State and Federal Parent Locator Service, the National Directory of New Hires, the Financial Institution Data Match, and the Federal Case Registry to assist in locating the non-residential parent.  The CSEA can also request a child support agency in another state to search for the non-custodial parent. With the increase in automated location tools, it is becoming more difficult for non-paying parents to hide from their child support obligations and the agencies that enforce them.

Q. I’ve heard there is a law called UIFSA. What does this law do?

A. UIFSA (Uniform Interstate Family Support Act) is a law regulating the establishment and enforcement of child support orders where the parents live in different states or where the support order is in a state other than where either of the parents live.

Q. I now live in Ohio but my case started in Michigan. Do I have to open a new case in Ohio?

A. No. If you choose, you may simply continue to work with the child support authorities in Michigan.

Q. I know where my ex-spouse works in another state. How can I get an income withholding?

A. Our Child Support Lawyers can explain the two ways this can be done. They may choose to simply send a withholding order directly to an employer anywhere in the country. If needed, they may also choose to register your support order for enforcement, only in the state where he works.

Q. I was divorced in Ohio but then moved to Tennessee. My ex-spouse moved to Florida and another order was established. Can I enforce both orders?

A. The UIFSA law requires the determining of one “Controlling Order.” See the Determining a Controlling Order part of the Interstate section for a description of the rules for choosing this order. Once that order is determined, it is the only order that can be enforced or modified.

Q. I live in Ohio, but my ex-spouse lives in Nebraska. Can my California support order be modified?

A. Yes. Please call our office to help you. We can register your California support order in Nebraska, which is where the modification will occur. Your order can also be enforced there.

Q. My ex-spouse lives in Oregon and is self employed. What can I do to obtain support?

A. Our attorneys can register your support order in Oregon for enforcement. The child support agency in Oregon will then be able to use all the enforcement tools available under its state law to collect your support.

Q. The CSEA here in Ohio has been trying to enforce my child support order for years but every time the agency locates the non-residential parent and are able to obtain an order for an income withholding, the non-residential parent moves to another state. Is there anything else I can do?

A. Your case may qualify for federal prosecution under the Child Support Recovery Act of 1992 or other federal law. You should discuss this possibility with your our attorneys.

Q. My ex-spouse paid support regularly until last month and then he moved to Europe. Is there anything I can do to get my order enforced?

A. Ohio has reciprocal agreements with several European countries, most Canadian provinces and certain other foreign countries. Some countries may also be able to assist you with enforcement, even though no formal reciprocal arrangements exist. Our Painesville Child Support attorneys can tell you what kind of help may be possible in your individual case. For a list of international child support addresses and phone contacts, please click on International Contact Information.

For more information contact our Painesville Law Firm  at 440-639-1020

1.    Q. What are the child support guidelines?

   A. The Child Support Guidelines are guidelines passed by the Ohio legislature which calculate child support orders based upon the financial circumstances of both parents. Use of these guidelines is required for the establishment or modification of all child support orders in Ohio. The amount of child support which is calculated using the worksheets and schedules contained in these guidelines is presumed under the law to be the correct amount of child support in each case.

2.    Q. Are the earnings of both parents considered in setting support?

   A. Yes.

3.    Q. Are there any adjustments allowed for second families in the guidelines?

   A. Yes. The guidelines allow an adjustment equal to the federal tax exemption for each child who is your biological child from another relationship, as long as the child is living with you. If you are the custodial parent of a child, your adjustment will factor in any child support received for that child.

4.    Q. Do the guidelines allow an adjustment for the parent who is paying for child care?

   A. Yes. The guidelines provide a credit for child care expenses for those children included in the order, relating to work, employment training or education.

5.    Q. Is there any allowance for the parent who has to pay health insurance?

   A. Yes. The guidelines provide a credit for marginal, out-of-pocket costs of  health insurance which will therefore affect the amount of the order.

Please call 440-639-1020 for a free consultation with a child support lawyer.

The U.S. National Transportation Safety Board blames driver fatigue as a probable factor in 20-40 percent of truck accidents, even though in early 2003 the Federal Motor Carrier Safety Administration (FMCSA) instituted new hours of service regulations to address trucker fatigue and drowsiness. But existing laws are not always enforced by trucking companies: for long-haul carriers, the longer truckers can drive without breaks can mean greater potential revenue for the company. With an ever increasing number of tractor trailers on US roads, driver fatigue is a public safety issue.

Proposed legislation will allow even larger and triple-rigged trucks on US highways, even though driving rigs such as tankers and flatbeds are probably one of the most dangerous major occupations in the country: about 55 percent of all class 8 (semis) driver fatalities occur in rollover accidents (big rigs roll easily) and another 10 percent happen in fuel oil fires.

For a free evaluation of your truck accident case please contact us at 440-639-1020.  No Recovery, no fee

NONDEDUCTIBLE EXPENSES. The IRS prohibits any deduction for the cost of personal advice, counseling and legal action in a divorce. For example, no write-off for what a husband spends to resist his wife’s demands for more alimony or to set aside a pre­nuptial property agreement.

FEES FOR ALIMONY. The portion of legal fees specifically paid (usually by the wife) to collect alimony that is taxable to her can be included, just like the cost of preparing her return, with her other itemized deductibles on Schedule A of Form 1040. The place to claim the fees is on the Schedule A line for “other expenses.” This break is available for the original proceeding by which she procures taxable alimony, as well as for any subsequent proceeding to increase it or collect arrears.

But these legal fees and most other miscellaneous deductions are allowable only to the extent that their total in any one year exceeds two percent of her AGI, short for adjusted gross income. AGI is the amount listed on Form 1040 after reporting salaries and other sources of income and claiming certain deductions such as alimony payments and money moved into retirement plans.

For someone with an AGI of $100,000 and miscellaneous outlays of $10,000, the two percent floor shrinks the deduction to just $8,000 – what is left after the $10,000 is offset by $2,000, which is two percent of $100,000.

In no event can she deduct the cost of obtaining income that is not taxable to her – say, back child support or temporary alimony while a joint return was still being filed.

FEES FOR TAX ADVICE. Subject to the two percent benchmark for miscellaneous expenses, you get to deduct fees that cover tax research and advice on such items as property transfers and dependency exemptions for the children.

But you can do so only if the bill specifies in a reasonable way how much is for tax counseling. Moreover, there is no deduction at all for your payment of your spouse’s legal fees, even if they are for tax advice only. The deduction is allowed just for advice you receive about your own tax problems.

ALLOCATING FEES BETWEEN TAX AND NON-TAX MATTERS. Does your attorney’s services include coun­seling on taxes? Remind the attorney to prepare a bill that breaks down deductible and nondeductible charges. That way, assuming you overcome the two percent hurdle, you are able to substantiate your deduction in the event of an audit.

According to IRS Revenue Ruling 72-245, the agency will accept a lawyer’s allocation of his or her fee between tax and nontax matters where the attorney allocates primarily on the basis of the amount of time attributable to each, the customary charge in the locality for similar services and the results obtained in the divorce negotiations.

Please contact us for a free consultation to discuss your particular situation. Call Patrice Denman 440 639-1020

News Release

Social Security Commissioner Astrue Calls for Prompt State Assembly Passage of Bill Ending Furloughs of Federally-Funded State Employees

Asks Governor to Withdraw Veto Threat and Not Appeal Lawsuit

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Michael J. Astrue, Commissioner of Social Security, today called for the California State Assembly to quickly pass Senate Bill 29.  This bill, which already has passed the State Senate, would end the practice of furloughing Federally-funded state employees, a practice recently held to be illegal by a California superior court judge. 

About 1,500 employees in this category are responsible for reviewing applications for Social Security disability benefits in California.  California’s taxpayers, state employees, and disability applicants all are harmed by these furloughs, and no one benefits.  Each furlough day costs the state about $850,000 in administrative reimbursements and delays the payment of over $420,000 in much needed Social Security benefits to  residents’ with disabilities.

“Furloughing disability examiners is incomprehensible under any circumstances, and it is callous in a recession of this magnitude,” Commissioner Astrue stated.  “Congress authorized half a billion dollars under the Recovery Act to hire staff to reduce disability backlogs, and California is thwarting Congress by unilaterally reducing staffing in a punitive way that also hurts the State’s coffers.”

“It is time for Governor Schwarzenegger to renounce his failed furlough policy by withdrawing his veto threat of Senator Steinberg’s Bill 29 and by declining to appeal the decision in the furlough lawsuit.  Fairness, compassion, and common sense all require that result.”