Mark B. Williams & Associates, PLCVirgina Lawyers | Mark B. Williams and Associates2024-02-20T21:42:36Zhttps://www.markbwilliams.com/feed/atom/WordPress/wp-content/uploads/sites/1303737/2021/12/cropped-favicon-1-32x32.pngOn Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485502024-02-17T21:43:26Z2024-02-20T21:42:36ZUnderstanding child support
Child support is a legal obligation for non-custodial parents to financially contribute to the upbringing of their children. The purpose of child support is to ensure that children receive the financial support they need for their basic needs, such as food, clothing, shelter, education and healthcare. It is a way to prioritize the best interests of the child and ensure they have a stable and secure upbringing.
According to the Department of Social Services, the calculation of child support takes into account factors such as the income of both parents, healthcare expenses, daycare and each parent's involvement.
Managing child support payments
Parents should set up a consistent schedule for making child support payments. This can help ensure timely and regular payments. Choosing a reliable and convenient payment method, such as direct deposit, online banking or automatic deductions, can streamline the payment process and minimize any potential delays or errors. Parents should maintain accurate records of all child support payments made.
Paying child support is a significant responsibility that ensures the child’s well-being. By understanding the purpose and calculation of child support, as well as following practical tips for managing payments, parents can fulfill their obligations effectively and contribute to their child's upbringing in a responsible manner.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485482024-02-15T22:13:04Z2024-02-19T22:12:57ZFinancial disclosure and asset division
One of the primary concerns in a high-net-worth divorce is the equitable division of assets. In Virginia, all marital property is subject to equitable distribution. This means fair although not necessarily equal division. Spouses should disclose all assets, including real estate, investments, retirement accounts and businesses. About 795,624 small businesses operate in Virginia.
Alimony and spousal support
In divorces involving older couples, spousal support or alimony may play a major role, especially if one spouse has been financially dependent on the other throughout the marriage. In Virginia, factors such as the duration of the marriage, each spouse's income and earning capacity and their standard of living during the marriage can influence spousal support. For someone in their 70s who does not work, earning capacity can include the potential for income from investments, rental properties or business interests.
Emotional and social support
Divorce, regardless of age, can be emotionally challenging. Older individuals may face additional stressors such as loneliness or concerns about starting over. Seeking support from friends, family or mental health professionals can help them navigate the emotional complexities of divorce and transition to a new chapter in life.
By addressing these considerations thoughtfully, divorcing spouses can achieve a fair resolution that allows them to move forward with confidence.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485472024-02-03T21:30:15Z2024-02-06T21:30:08ZMandatory installation requirements
In Virginia, those convicted of certain DUI offenses must install an ignition interlock device in their vehicles as a condition of reinstating their driver's licenses. The installation of an IID is mandatory for all DUI convictions, including first-time offenses, with a blood alcohol concentration of 0.15% or higher. It is also mandatory for any subsequent DUI offenses. Drivers may also have to use an IID for a period following license reinstatement.
Duration of IID requirement
The duration of the ignition interlock device requirement varies depending on the circumstances of the DUI. Subsequent DUI offenses may result in longer IID requirements, depending on the number and severity of prior convictions.
Compliance and consequences
Failure to follow ignition interlock device laws can result in additional penalties and consequences. Violating the terms of an IID order can lead to further legal trouble. It can also lead to potential license suspension or revocation. Drivers also have to adhere to strict maintenance and calibration requirements for their IIDs to ensure proper functionality and compliance with state regulations.
Ignition interlock device laws play a key role in DUI enforcement and prevention efforts in the state. Compliance with IID laws is necessary for those looking to regain their driving privileges and show a commitment to safe and responsible driving behaviors.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485462024-01-19T20:11:34Z2024-01-23T20:11:29Z1. Reckless driving
Reckless driving is more than just speeding. It involves willful disregard for safety. Exceeding the speed limit by 20 mph or driving above 80 mph, regardless of the posted limit, is reckless. Convictions for reckless driving can lead to hefty fines, license suspension and even jail time.
2. Driving under the influence offenses
DUIs are a serious misdemeanor offense. In 2020, law enforcement made 19,167 DUI arrests across the state. Even a first-time offense can result in fines, mandatory alcohol education programs and license suspension. Subsequent offenses carry more severe penalties, making it necessary for drivers to avoid getting behind the wheel while impaired.
3. Hit and run
Leaving the scene of an accident, whether it involves property damage or injury, is a criminal offense. A hit-and-run misdemeanor conviction can lead to fines, license suspension and potential jail time. Drivers involved in accidents should stay at the scene, exchange information and report the incident promptly.
4. Driving on a suspended license
Driving with a suspended license is a common misdemeanor traffic violation that can exacerbate existing penalties. If you have a license suspension for any reason, getting caught driving can result in additional fines, an extension of the suspension period and even imprisonment.
While misdemeanor traffic violations can have a significant impact on one's daily life and driving rights, the right defense strategy can minimize the impact of them.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485452024-01-10T16:21:44Z2024-01-10T16:21:44ZDemonstrate personal growth and stability
One of the first steps towards regaining custody is to show the court that you have made positive changes in your life. Focus on personal growth and stability by attending therapy, counseling or rehabilitation programs. Proactively address any issues that led to your incarceration, demonstrating to the court that you have a commitment to making lasting changes for the well-being of your children.
Maintain consistent contact
Consistent communication with your children is essential during this time. Attend visitation sessions regularly and actively participate in your children's lives. Demonstrate your commitment to being a consistent presence. You can do this by attending school events, extracurricular activities or medical appointments. This consistent involvement can showcase your dedication to rebuilding a strong parent-child relationship.
Attend parenting classes
Show the court that you are actively working on improving your parenting skills by attending parenting classes. These classes can provide valuable insights into effective communication, discipline strategies and child development. Completing these courses not only demonstrates your resolve to become a better parent but also equips you with the knowledge and skills necessary for responsible caregiving.
Maintain a safe and stable living environment
Create a safe and stable living environment for your children. Ensure that your home is clean, organized and free from any potential hazards. Provide evidence of financial stability, such as steady employment or a reliable source of income. Demonstrating that you can provide a secure home for your children makes all the difference in the court's decision-making process.
A survey from the Bureau of Justice Statistics showed that an estimated 684,500 state and federal prisoners were parents of at least one minor child. For many of these incarcerated parents, seeing their children after release is a top priority. While it is not always easy, there are processes you can follow to reclaim custody of your kids.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485442023-12-27T19:28:26Z2023-12-27T19:28:26ZHigh Blood Alcohol Concentration
If authorities catch you driving with a blood alcohol concentration of 0.08% or higher, you can face jail time for a DUI in Virginia. The legal limit reflects the point at which your ability to drive suffers impairment. Exceeding it is a serious offense.
Aggravating factors
Certain aggravating factors can elevate the severity of a DUI offense, potentially leading to incarceration. These factors may include driving with a significantly elevated BAC, having a minor in the vehicle or causing property damage or injury while driving under the influence.
Repeat offenses
Virginia imposes stricter penalties for individuals with multiple DUI convictions. If you have a prior DUI conviction within the past 10 years, the likelihood of facing jail time increases quite a bit. Repeat offenses indicate a pattern of irresponsible behavior that the legal system aims to address through more severe consequences.
Refusing breath or blood tests
Refusing to submit to a breath or blood test when suspected of DUI can result in legal repercussions, including possible jail time. Virginia's implied consent law requires drivers to comply with chemical tests. Authorities may consider refusal to be an admission of guilt.
Per the Virginia State Crime Commission, there were 309,924 DUI arrests in Virginia between 2010 and 2021. Seeking alternatives to impaired driving is not only a legal obligation but also a key step in ensuring the safety of everyone on the road.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485432023-12-21T19:26:30Z2023-12-21T19:26:30Z1. Legal ramifications
Getting caught driving with a suspended license can result in legal consequences. Offenders may receive a misdemeanor charge, leading to fines and potential jail time. The severity of the penalties depends on factors such as the reason for the license suspension and any previous violations. Repeat offenses may escalate the legal repercussions.
2. Extended license suspension
One of the immediate consequences of driving with a suspended license is the possibility of an extended suspension period. Virginia authorities take such violations seriously and may choose to extend the initial suspension period. This can further limit the individual's ability to drive legally, making it even more challenging to fulfill daily responsibilities.
3. Vehicle impoundment
In addition to legal penalties and extended suspension, individuals caught driving with a suspended license may face the impoundment of their vehicle. Authorities have the right to tow and impound the vehicle involved in the violation. Retrieving an impounded vehicle often comes with additional costs, adding a financial burden to the already challenging situation.
4. Increased insurance costs
Driving with a suspended license can have lasting financial consequences. Insurance companies may view such violations as high-risk behavior, leading to increased insurance premiums. The financial impact extends beyond fines and impoundment fees, affecting the individual's ability to secure affordable insurance coverage in the future.
During nine months in 2022, Virginia law enforcement made 567,181 traffic stops. For people caught driving with a suspended license, it can lead to additional penalties.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485422023-12-13T20:04:02Z2023-12-13T20:04:02ZConsistent parenting styles
When both parents actively participate in co-parenting, it ensures a consistent and unified approach to raising children. This provides a sense of security for kids, helping them understand and navigate the world around them. Children thrive when they know what to expect from both parents, creating a foundation for healthy development.
Emotional support
Children often struggle with complex emotions during and after a divorce. Co-parenting ensures that kids have emotional support from both parents, allowing them to express their feelings without fear of judgment. They need this balance for their mental and emotional growth.
Good relationships
Co-parenting is like a guide for good relationships and helps kids learn important lessons about talking, compromising and working together. When children see their parents working as a team, it makes them think positively about relationships. This real-life experience is a strong teacher, showing them how people can handle problems and cooperate for everyone's good.
Co-parenting aids children in adapting to life after their parents' divorce by prioritizing their well-being and keeping their best interests at heart.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485352023-11-28T01:46:48Z2023-11-28T01:46:48ZObtain prescription legally
Always acquire your prescription drugs through legal means. A licensed healthcare professional, such as a doctor or nurse practitioner, should assess your condition and prescribe the appropriate medication. Using the prescription of another person or receiving drugs from illicit sources can lead to serious legal consequences.
Carry prescription documentation
If you carry prescription medication, have the proper documentation on hand. A written prescription should conform to state laws, including featuring text rendered in ink, printed or individually typed. The prescription must also have the name, address and telephone number of the individual who prescribed the medicine. Other requirements may apply.
Keep a copy of your prescription with you. If you ever encounter law enforcement or need to prove the legality of your medication, you can present this information and possibly avoid an arrest.
Be mindful of driving restrictions
Certain prescription medications can impact your ability to drive safely. In Virginia, driving under the influence of prescription drugs can result in legal consequences similar to a DUI that involves alcohol or illegal substances. Study the potential side effects of your medication and avoid driving if they impair your ability to operate a vehicle.
Dispose of medications properly
When you no longer need a prescription medication, do not simply discard it in the trash or outdoors. Virginia has specific guidelines for the proper disposal of prescription drugs. Follow these standards so you may prevent accidental ingestion and comply with the law.
According to the CDC, almost seven million Americans older than 12 years old had reported misuse of prescription drugs in a month alone. So you can expect law enforcement to carefully watch for potential abusers. By adhering to sound guidelines, you may minimize the risk of legal complications.]]>On Behalf of Mark B. Williams & Associates, PLChttps://www.markbwilliams.com/?p=485342023-11-10T17:08:38Z2023-11-10T17:08:38ZAligning with your wishes
One of the primary considerations is ensuring that your assets align with your post-divorce wishes. Your beneficiaries may change after a divorce, with new considerations arising, such as providing for your children, revising your estate plan or ensuring that assets do not go to your former spouse. Neglecting to update beneficiaries can lead to assets going to individuals you may no longer wish to benefit.
Preventing legal issues
Another critical aspect is the prevention of legal disputes and conflicts. Outdated beneficiary designations may lead to disputes and legal challenges. Individuals who were to inherit assets may contest the outdated designations, leading to protracted legal battles and financial burdens. This can jeopardize the inheritance you intended for your loved ones.
Securing financial well-being
It is important to update your beneficiaries to make sure your loved ones and heirs are financially secure. If you do not update them, the money might go to the wrong people, and the ones you meant to help might not get the support you wanted them to have.
Creating tax burdens
Beneficiary designations have tax implications. Neglecting to update beneficiaries can inadvertently create unnecessary tax burdens for your heirs. Aligning beneficiary designations with your post-divorce financial plans is essential to minimize these tax consequences.
Updating beneficiaries is about maintaining control over the allocation of your assets. Divorce often involves the division of assets and property. To retain control over the distribution of your assets, you must update beneficiaries in line with your revised financial arrangements.]]>