Saturday, June 13, 2009

MARITAL PROPERTY IN ARKANSAS

At the time a divorce decree is entered, all marital property is to be distributed one-half to each party, unless the court finds such a division to be inequitable.

In that event, the court is to make some other division that the court deems equitable, taking into consideration several factors:

  • the length of the marriage;
  • the age, health, and station in life of the parties;
  • the occupation of the parties;
  • the amount and sources of income;
  • all vocational skills;
  • the parties’ employability;
  • the size of the estate,
  • all liabilities,
  • the needs of each party
  • the opportunity of each for further acquisition of capital assets and income;
  • the contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker;
  • the federal income tax consequences of the court's division of property.

The definition of marital property excludes property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement,

The definition of marital property also excludes the increase in value of property acquired prior to marriage or by gift or by reason of the death of another.

The Attorneys of Gregg, Farris & Bumpers are highly skilled in the area of divorce and marital property distribution and are prepared to immediately help you with these matters. To schedule an appointment, call 24 hours a day - 1-800-364-1826.

CHILD SUPPORT IN ARKANSAS

In determining an appropriate amount of child support, courts are to refer to the family support chart contained in the Administrative Order of the Supreme Court Number 10. The family support chart provides a means of calculating child support based on the payor's net income. Administrative Order Number 10 defines income as any form of payment, periodic or otherwise, due to an individual, regardless of source, including:

  • Wages,
  • Salaries,
  • Commissions,
  • Bonuses,
  • Workers' compensation,
  • Disability,
  • Payments pursuant to a pension or retirement program,
  • Interest less proper deductions.

It is well established that this definition of income is broadly construed, intended to encompass the widest range of potential income sources. The administrative order also states that for self-employed payors, support is to be calculated based on the last two years' federal and state income tax returns and the quarterly estimates for the current year. Administrative Order 10 instructs that the court should also consider the amount the payor is capable of earning or a net worth approach based on property, life-style, etc.

The Offices of Gregg, Farris & Bumpers are prepared to help you with any and all of your child support matters. Call 24 hours a day – 1-800-364-1826.

Friday, June 12, 2009

Uninsured Motorists

Uninsured Motorists, January 2009. Approximately one in six drivers across the United States may be driving uninsured by 2010, according to a recent study from Insurance Research Council (IRC). Although the estimated percentage of uninsured motorists decreased nationally, from 14.9 percent in 2003 to 13.8 percent in 2007, the recent economic downturn is expected to trigger a sharp rise in the uninsured motorist rate.
Unfortunately, when people lose their jobs, or their money gets tight, their automobile liability coverage may lapse, but they may continue to drive uninsured. Now is a good time to review your coverage to include uninsured/underinsured motorist coverage.

Monday, June 8, 2009

Modifying Child Custody in Arkansas

Arkansas law is well settled that the primary consideration in child-custody cases is the welfare and best interest of the children; all other considerations are secondary. A judicial award of custody should not be modified unless it is shown that there are changed conditions that demonstrate that a modification of the decree is in the best interest of the child, or when there is a showing of facts affecting the best interest of the child that were either not presented to the chancellor or were not known by the chancellor at the time the original custody order was entered. Generally, courts impose more stringent standards for modifications in custody than they do for initial determinations of custody. The reasons for requiring these more stringent standards for modifications than for initial custody determinations are to promote stability and continuity in the life of the child, and to discourage the repeated litigation of the same issues.

Friday, June 5, 2009

Personal Injury Motorcycles Car Wrecks

Recently an Allstate Insurance Company commercial stated 60% of car wrecks occur within 5 miles of the driver’s home. This shows you that it is important not to go into mental “cruise control” just because you are near your home. Staying alert and ready to respond to a sudden emergency situation is critical to staying safe even as you approach your home.

There have also been many, many studies which show that most car wrecks are caused by drivers who are distracted or not paying attention. Distractions can include driving while using your cell phone, changing the station on your radio or IPOD, or operating your GPS system. Protect the ones you love and keep other drivers safe by limiting you use of these type of devices while driving.

If you or someone you know has been injured in a car wreck, truck wreck, motorcycle wreck, call Gregg, Farris & Bumpers for a free consultation. We will answer your legal questions about your personal injury claim and explain the personal injury claims process. Let the personal injury attorneys at Gregg, Farris & Bumpers be your settlement solution to maximize your personal injury recovery.

Wednesday, June 3, 2009

When to Hire a Personal Injury Attorney

Many people who have been in a car accident do not know what to do after their car accident occurs. They do not know who they can turn to and who they can trust to help them. Many people do not even think about getting a car accident lawyer, let alone think about all of the trouble a car accident lawyer can save them.
Most injured people settle with insurance companies because it is a quick way to settle their immediate debts and problems, but they do not usually think about the medical follow ups of the bills that could later incur from their car accident. They could face additional medical bills, lost wages and lost work time, along with a number of other stressful factors. Hiring a car accident lawyer can eliminate many of those worries if not all of them.
If you or a family member has been injured in a car accident contact Gregg, Farris & Bumpers, personal injury attorneys and get the fair compensation you deserve.