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Changing A Child Support Agreement
Child support agreements are legal documents that are often put in place to make sure that children and those who care for them have access to financial resources needed for shelter, food, clothing, education, health care, and more. But as situations (and the children) grow and change, so, too, does the need to change or amend child support agreements. These changes need not be stressful; communicating and working together toward a successful outcome with the best interests of the children in mind can mean that changes to a child support order can be done easily. Failing to communicate or an unwillingness to compromise can lead to broken agreements, resentment, and a loss of time and money for both parties if the disagreement goes to court. If you need to make adjustments to your child support agreement - or make one in the first place - your provider attorney will be able to assist you in all phases of the process, as well as with other areas of family and personal law through our Legal Subscription Plans.
How Are Child Support Agreements Made?
When parents separate, one parent may become the sole or primary care giver and the child lives with that parent. The parent that does not live with the child usually has some kind of financial obligation to pay toward the care of their child. How much the non-custodial parent pays varies based on state-to-state guidelines. The income of both parents is taken into account and the needs to the child or children involved is also considered. Taking that information, a judge decides on an amount for the on-custodial parent to pay in child support.
Another way that child support agreements can be made is when the parents work together and reach their own arrangement for child support. This plan is then given to a judge to review and put in place officially and legally. If the parents have trouble communicating with each other for one reason or another, they also have the option of negotiating through mediation or other alternative dispute resolution services. Regardless of how the agreement is reached, it must always be approved by a judge in family court.
Reasons A Child Support Arrangement Can Be Changed
The lives of parents and children can change over time, and, depending on what those changes are, it may be a good idea to review or change a child support agreement. Some common reasons for amending a child support agreement are:
A change in employment by one or both parents
A change in the child's expenses or needs
One parent has another child from another relationship
One or both parents remarry
A change to parenting time
This last item is important to look at a little more closely. If one parent takes on more parenting responsibilities in the care of a child they may be entitled to seek a lesser child support amount in relation to the increased time and/or money spent contributing to their child's care.
Just like when the original agreement was made, parents have the option of reaching their own agreement to take to the judge for approval. When one parent seeks a change independent of the other parent, the parent seeking the change will have to file a motion with the family court to make a change to the existing agreement, and then that request will have to be approved by a judge.
Legal Help For Changing Child Support Orders
A child support order is an important matter for parents, and, while it is important for both parents to work together towards an agreement if it is at all possible, it is also important that you have expert advice to make sure that the new agreement will protect the rights and responsibilities of all the parties involved, most importantly, the children. It is crucial that the new agreement is legal and will be approved by the court.
Divorce is almost always stressful to one degree or another, and more so when children are involved. Parents usually need legal advice while going through the process of divorce and figuring out what works for them and their children in terms of custody and financial support. While having a lawyer on retainer is often outside the budget for many people, with our Legal Subscription Plans for Individuals and Families, you can work with your provider attorney for all your family law issues - including child support, child custody, divorce, alimony, and more - for just one low, monthly fee of $29.95. You will be able to contact your attorney 24 hours per day, 7 days per week, have telephone consultations, document review, and more. Learn more about the benefits of membership in our legal protection plans or sign up today!
Small Business Cyber Security Threats: Are You At Risk?
As more of our lives - work, shopping, communication, and more - goes online, society is more and more at risk for hackers, scammers, and other fraudsters to try to access our information. The news nearly every day is riddled with stories of data breaches at companies both large and small; bad actors don't target the largest fish, they target the most vulnerable. Our Small Business Cyber Security Package may be a great, low cost solution to protect you, your business, and your customers from threats online. Learn more about our services and read on to learn about the kinds of threats and what can be done about them.
Malware
The term "malware" comes from the Latin prefix "mal," which means "bad," and a combination of the words "malicious" and "software." The word "malware" has come over the years to refer to a number of different types of fraudulent software, apps, and coding that can infect your computer, phone, network, database, or system. Most malware is introduced to computers by users downloading files or clicking on links in emails or on the Internet, inadvertently or on purpose. A big part of protecting your data is to be aware of what is clicked on or downloaded to your devices, keeping your devices updated, and training everyone who uses them what to look for. Here are a few types of malware:
Spyware
Spyware is a kind of program that is secretly uploaded to your computer while you are doing normal things on the Internet. Spyware can come from poorly vetted ads, misidentified links, and links sent via email that appear to be from someone you know and trust but are not. Spyware collects personal data, keystrokes, browsing history, and more and sends it to someone who collects it and then uses or sells it.
Viruses
Viruses are programs that infect your computer and alter its performance. Viruses can collect data that is saved on or accessed by your device and send it on to a third party.
Adware
This is a type of program that displays advertising, and it often comes packaged along with free software. While not always harmful, adware is generally not created with as much care as other parts of a program and can be susceptible to exploits or leave access points open for hackers.
Ransomware
Perhaps the most dangerous of all the types of malware, ransomware is a very effective tool for hackers because most of our lives are contained on electronic devices with access to the Internet. Ransomware can lock you out of your device, databases, systems, and more, and lock you out of systems you use to run your business. Hackers tend to target vulnerable businesses with ransomware because these businesses cannot afford to be locked out and unable to run their businesses for long. One way to protect your business from ransomware is to have an on-site backup and recovery system in place for your data and systems and to make sure that it is current and up-to-date. Limiting who can install software to machines on your network and making sure that those persons are properly trained is another great step.
Phishing
While most people think that they are too savvy to be taken in by a phishing scheme, it must be said that phishing has become so sophisticated that even experts have been fooled. The prevalence of phishing attempts has grown exponentially in the last few years, and the growing cybersecurity problem presented by phishing in time and money lost is staggering. Phishing starts when an attacker sends some form of communication - texts, an email, or a social media message - that appears as though it comes from someone the recipient trusts. The goal is to get someone to click a link or download software, or to provide logins and passwords via fake pages that look real. Caution is the biggest tool to avoid phishing schemes. If an email, text, or other communication is unprompted, seems dramatic, or seems "off" in some way, you should take the time to find out if the person really did send the link or request.
Third Party Software
It's pretty common these days to outsource some things to third parties, but this type of software can put your business at risk. Unless you have been able to make sure that the software and licensing agreements adequately protect your interests, you may be exposed to vulnerabilities. While how someone else puts their programs together may be out of your control, you should always read the terms and conditions and licensing agreements thoroughly to double check how data breaches are handled, what liability using the software opens you up to, and what kinds of remediation and restoration you’re entitled to in the event of a data breach.
Keeping abreast of changes in the technological landscape can be difficult for small business owners, particularly when you're busy running your business or aren't tech savvy. Our Small Business Cyber Security Protection Plans can help you head off problems before they start, and your membership in our Small Business Legal Subscription Plans can help you through any issues that you may already have. Our network of lawyers can assist you with simple cyber security questions to dealing with a complex cyber attack, and, starting at $49 per month, will pay for itself the first time you use it. Our network of qualified attorneys are available to help you with contracts, documents, debt collection and more for just one, low, monthly fee. Learn more about all the benefits of our Small Business Legal Protection Plans and our Small Business Cyber Security Solutions or sign up now!
Corporate Bylaws: What They Are & Why They're Important
Many aspiring new business owners know that incorporating their new venture is a great first step to protecting yourself, but the corporation alone isn't usually enough. To fully protect your personal assets and interests and those of your business partners, you’ll need to create corporate bylaws that outline how your new business will be run. If that sounds complicated, you don't need to worry because our legal subscription plans for small businesses allow you to consult experienced, dedicated small business attorneys who are well versed in creating corporate bylaws to help you customize the kind of bylaws your new small business will need. In the meantime, here is a brief overview of what corporate bylaws are and how they work:
What Are Corporate Bylaws?
The direction of a corporation is done by a board who makes important decisions for how the business is run. That same board of directors will develop a set of rules and regulations that dictate the corporate or organizational structure of the business and how business will be conducted and decisions made on a day-to-day basis. Most states require that corporations have these rules - known as bylaws - but they aren't generally required to be filed with your state. That doesn't mean that corporate bylaws aren't important, as they map out visions, expectations, and rules that ease the decision-making process, and reduce conflicts over time.
What Is Included In Corporate Bylaws?
Each businesses' corporate bylaws will be different and based upon the needs of the corporation, shareholders, industry, conventions, and other members, but the best corporate bylaws usually contain rules and regulations that cover the following areas:
Statement of Purpose
This part of corporate bylaws lets the board of directors establish overall goals, aspirations, and vision for the business. It often details the type and kind of clientele or market the business will target, the reasons that the business exists (what kind of market need it fills), how the business differs from competitors, and how those goals will be reached. The Statement of Purpose is particularly important for those organizations seeking to qualify for status as a 501(c)(3) non-profit, so those kinds of entities should pay special attention to this section of the document.
Membership
The members of a corporation differ from those in an LLC in that, in a corporate structure, they are shareholders, directors, officers, and employees. The corporate bylaws should address the type of members your company has or can have, the responsibilities of each member type, the rights of each member type, the voting rights of members, and the process by which members can be removed or added. Members aren't always just individual people: other corporations, partnerships, or other entities can also be considered members under corporate bylaws.
Board Of Directors
Corporate bylaws should set forth a structure for the Board of Directors, including:
The minimum and maximum number of board members
The qualifications needed to serve on the board
Board member term length
Rules for board elections
How meetings are called and conducted.
Corporate bylaws should also detail what is considered a quorum for meetings of the board of directors.
Officers
Officers are designated by the board of directors to deal with the day-to-day workings of the business, and corporate bylaws should define those roles, their titles, the responsibilities, and how these officers can be elected, appointed, or removed from those positions.
Stock
Issuing stock to shareholders is one of the first things a corporation does, and your bylaws should detail the type and amount of stock as well as who receives stocks, how much they get, and how that transfer takes place. Your bylaws is also where you note the differences between non-voting and voting stock for shareholder meetings.
Shareholder Meetings
Shareholder meetings are annual meetings that corporations have, and your bylaws should contain the details of those meetings: when, where, and an agenda of what is to be covered at the meetings. It should also state the number of shareholders needed to have a quorum and begin proceedings. Shareholders can also hold special meetings, and your bylaws can dictate under what circumstances these special meetings can be called.
Committees
Committees are created by boards of directors to handle special tasks or issues, and your bylaws should state the types and kinds of committees your board can create, the authority of each, and how they do the work.
Conflicts of Interest
Some board members may be involved in a number of business ventures, and your bylaws should have a section addressing potential conflicts of interest. Adding a requirement that board members must disclose such conflicts and recuse themselves from making decisions or participating in discussions over matters involving these conflicts. Not doing so risks ethical problems, and having these rules in place protects your business' reputation.
Amending Bylaws
Situations change, and including a process for your bylaws to be added to, deleted from, or otherwise changed is important. Your bylaws should detail a process by which the bylaws can be amended. This should include who must approve of the changes, what vote margins need to be met, or other benchmarks that need to be met in order to adopt the amendment.
Let Us Help With Your Bylaws
There's a lot to do when starting a new business, and crafting solid bylaws is an important first step. Getting these rules right the first time will save you time, effort, money, and stress in the long run. Our network of small business attorneys can help you draft all the documents you need to start your small business at a fraction of what you might spend on an attorney on your own. Our Small Business Legal Protection Plans start at just $49 per month, and pay for themselves the first time you use them. Learn more about our Small Business Legal Plans or sign up now!
When Should I Get Legal Help Starting My Small Business?
It's pretty common for small businesses to try to go it alone and not seek out help, even when help is needed. While many small businesses try to handle matters on their own, many times, it is the fear of the costs involved with bringing in professionals that prevents small business owners from seeking the help they need, particularly when it comes to legal issues. But when it comes to professional help for starting your small business, you can’t not afford to not seek out legal advice when it comes to critical issues with starting a small business, and it's a lesson that often comes too late for many small business owners. Read on for a list of crucial issues that your Small Business Legal Protection Plan attorney will be able to make easier while starting your small business, even on a shoestring budget.
Registering A Business Name
Formalizing your legal business name is the first step to starting a small business, and process is more involved than just making a logo and registering a domain name. Legal recognition of your small business means going through a process to officially register your business name with various levels of government entities. In some states, when you create articles of incorporation or organization for your business entity, you may be automatically registering your business name with your state, for example. If you intend to do business under a name that is different from your business name, you will need to register a DBA (Doing Business As) with your state. Doing business in multiple states means that you may want to protect your business name at the federal level, which means registering your business name with the U.S. Patent and Trademark Office.
All of these options mean that you have to research whether your business name is available in all of these databases, and an experienced small business attorney can help you with the process of research and registering your business name with all the relevant agencies required for your business and business structure.
Creating a Business Entity
Creating a business entity protects your personal financial assets from potential corporate debts and obligations, and while many people attempt to form and register their business entities themselves, the process may be complex and a lawyer well versed in the creation of business entities can make this process quicker and easier than doing it on your own.
Creating a business entity means choosing the right option for your business and industry. There are several options: LLCs, partnerships, LLPs, or forming a C-Corp or S-Corp. Each of these types of entities differ in both large and small ways, and which ones will be a good match for your business and business style and industry can be a complex question to answer. Without experience or knowledge in creating business entities, you run the risk of making the wrong choice for your business.
Once you choose and entity type, there is paperwork to be filled out and submitted to various government bodies, and mistakes can cost time and money, both in the long and short term. And if this seems complicated, we haven't even touched on articles of incorporation or organization and will need to be created.
Getting these early choices right is important and working with an experienced small business consultant or attorney from the beginning will save you time and money. Learn more about our New Small Business Filing Package!
Contracts
As a small business owner of any type, you will work with contracts for both internal and external reasons. Many small business owners aren't prepared with basic internal contracts and documents to start or grow their small business.
Contracts protect you and your interests, so it is important to have the right documents in place to cover all aspects and details of your business and day-to-day work. From partnership agreements to contractor agreements; from employment contracts to vendor and sales documents, it is important to have legally binding contracts written and on hand from the first day you start your business. You can't rely on templates from sites on the Internet to keep you and your assets fully covered as these types of generalized documents almost never cover state-specific needs, industry specific needs, or the specialized content you may need from your contracts based on your type and style of business.
Companies that your business will work with - rental agreements for office space, suppliers, equipment sales and repair, contracted workers - will all have contracts for you to sign, as well, and it is important that you understand what responsibilities you're agreeing to for you and your business with each one. Your network attorney under our Small Business Legal Protection Plans can look over contracts for your business and contracts given to you by businesses you work with and help you understand the terms before you sign.
Intellectual Property
Your business is built on your ideas or intellectual property, so it is important to protect that value. Your ideas and creations as well as the process and knowledge to create your work, your customer lists, skills, and branding are all intellectual property that should be protected the same way you'd protect physical property. Your intellectual property - depending on what it is - could be protected by trademarks, copyrights, or patents, and knowing which you need and the process for acquiring each can be complicated. You will want to make sure that you are getting the appropriate protection for each, and an experienced small business attorney, like those who are part of our network of legal firms, can help you navigate the process particular to your business and industry, getting you the protection you need. Registering your patents, trademarks, and copyrights means that you can take legal action should someone violate your intellectual property.
Getting Legal Help For Your Small Business Doesn't Have to Be Difficult or Expensive
Though it is tempting to try to save money by doing all of these things yourself, the truth is, you'll actually save yourself money in the long run by having a professional tackle the legal aspects of your small business. You can avoid mistakes by hiring an attorney, and our network of lawyers available to our Small Business Legal Protection Plan members offers this kind of protection at a fraction of the cost you'd pay by hiring an attorney on your own. Our Small Business Legal Subscription Plans offer you advice, document review, contract review, consultations, and more with law firms in your state. In most cases, you can talk with an experienced, dedicated attorney within one business day. Learn more about all the benefits of a Small Business Legal Protection Plan membership, or sign up your small business today!
Younger Americans Are Planning For The Future
One of the most important documents you will ever need is a will, but more than half of all Americans will pass away without one. Younger people tend to believe that they do not need to worry about a will until they are older, but having these documents in place can help if something unexpected happens, including having your wishes known to medical personnel if you should become incapacitated and unable to voice those decisions yourself. Members of our legal subscription plans get wills, living wills, trusts, and advance directives included with their membership at no additional cost, and more and more younger people are interested in making sure their final wishes are legally enforceable if needed; in fact, in the last year, the percentage of Millennials and Gen Z who have created a will has gone up from 18% to 27%. The consequences from not having a will can be overwhelming for your family. Here's what happens when you die without a will:
You Have No Control Over Your Assets
Your house, vehicles, jewelry, art, furniture, family photos, and other valuables will be divided up by your state's probate court.
You Have No Say In What Happens To Minor Children
If you are expecting or have children, it is critical that you have a legally enforceable will. If you do not have one, where your children live and who takes care of them will be decided by the state.
You Have No Say in What Happens to Your Pets
If you do not have a will that includes who should care for your pets and how they will be cared for, again, a court will decide, and that can include someone appointed by the court, and that could include a shelter.
You Have No Say in What Happens to Your Money
Without a will, the state will decide what happens to any savings you may have. Any charities that you support will probably not be considered.
If you're ready to make your will and have your decisions created into a legally-enforceable document in your state, here are a few tips to get you started:
If you have children, decide who you want to care for them in a worst-case scenario. Who could realistically care for them? Talk with those who you think might be good candidates for taking care of your minor children and make sure that they are willing to do so.
Where would you like your belongings to go? Who inherits your home, your vehicles, and other assets? What about family heirlooms?
Who would be the best choice to care for your pets? What do you want to happen to your remaining money? Parents usually earmark money to care for their children, but those without kids may want to designate a favorite charity, an alma mater, or some other worthy cause.
One thing that many people don't think about in this age of technology is what should happen to your public profiles on social media or even your computer files and hard drives. A will is a way you can designate someone you trust to take care of your digital persona if you are unable to.
Consult with a lawyer. Handwritten or typed wills are generally not legally enforceable, so talking with a lawyer who is familiar with probate laws in your state to go over your plan and your situation is a great choice to make sure that not only are your wishes documented, but that your state will recognize them legally. As a member of our legal subscription plans, you can start creating your will the first day you're a member and have your attorney review everything in a matter of days.
Death isn't a fun topic to think about, but planning ahead for the future can alleviate stress on your family and loved ones at a difficult time. Learn more about all the benefits of membership in our legal subscription plans, or sign up today to get started on your will.
Protecting Yourself From Spam Calls & Texts
Apple urged iPhone users recently to update their iOS with a patch for a critical security flaw that allowed hackers to launch spyware that monitors users' keystrokes; the malware is launched through text messages. This is just one of the latest examples of the dangers associated with a growing problem in the US and Canada: spam text messages. Spam messages and calls are annoying, and can be costly, but they are also a gateway for bad actors to do much more damage. If you need help recovering from a security breach or identity theft, our legal subscription plans and identity theft packages are great, low cost solutions. In the meantime, here are a few tips for handling spam texts and calls.
It's Against The Law
Text message marketing without the end users' consent is against the law in both Canada and the United States. But anyone who has dealt with a spam attack knows that the perpetrators are often hard to track down and prosecute. They change phones, numbers, and locations frequently, and often use technology that shields them from being discovered. Providers of cell phone services are working to provide services that block spam, but spammers and hackers are working just as hard to circumvent those measures.
A Few Tips For Dealing With Spam Texts
Do not engage with a spammer by replying to messages
Never click links in texts! Clicking links can lead to malware and viruses and, in worst case scenarios, losing money or having your identity stolen
Do an Internet search for numbers you don't recognize and see if they are in spam reporting databases
Do not visit web sites sent to you in texts, even if they're not a link.
Never respond to free offers unless it's from a sender you recognize
Cell phone consumers in the US and Canada can report spam texts by forwarding them to your cell phone provider at 7726 (SPAM)
You can also ask your provider to block texts that come from the Internet, and while it won't block spam sent from a cell phone, it can eliminate some unwanted spam messages
Phone Scams
Scammers continue to use the telephone to steal millions of dollars from people every year. One popular tactic is to impersonate the IRS and harass victims until they make payments or reveal personal identifying information. This scam has targeted nearly half a million people in the United States, and the IRS has even created a dedicated web site to report these calls. Remember: the IRS will NEVER contact you by phone, text, or email. The IRS will ALWAYS contact you via the USPS mail.
Thieves use similar tactics to steal credit card information, using robo-calls to "warn" you that your credit or debit card has been locked. The automated calls prompt you to then enter your credit or debit card information to "unlock your card." These scams, called "vishing" (short for voicemail phishing), urge you to reveal private information that will be used to attempt to steal from you, steal your identity, or other fraudulent uses. Like other types of scam calls, these calls usually rely on too-good-to-be-true offers or dire threats. The rule of thumb is to never give out personal information - especially your credit card or Social Security numbers - over the phone unless you made the call.
Some calls are legal, such as calls from political candidates, charities, or reminders from businesses where you are a customer, such as your bank or insurance company. But be wary of calls received from businesses where you haven't consented to receive such communications.
Be wary of any call that asks for your personal information to activate a perk or retain access to your bank accounts or credit cards. Your best bet is hang up and call the business back to verify the veracity of the claims.
Advice For Phone Scams
Never trust caller ID - scammers have the ability and technology to mask their real numbers or to spoof someone else's number without their knowledge
Never share personal information over the phone unless you called them. Businesses you interact with likely already have your information
Don't overreact if the caller threatens you with lawsuits, arrests, or losing access to your bank account or cards.
Never press a number or stay on the line for a live person. Doing so can let spammers know that they have a "live" number
Never call back the number that called you or visit any web sites mentioned in the call. Instead, call the company's customer service line listed on their official web site
Contact your service provider to see about the possibility of blocking the number that called you. Keep in mind that the number you saw on your caller ID may be spoofed from a completely innocent person
If the scam involved someone pretending to represent the IRS, make sure to report the call at the IRS reporting web site. For all other calls, report them to FTC.
The basic thing to remember if you're contacted by a suspected scammer is to NEVER give out ANY personal information. If you want to learn more about how to protect yourself from scammers and identity theft, check out our Identity Theft Protection Services for individuals and families, and if you have legal concerns from a previous encounter with a scammer, learn how our network of attorneys can help you resolve the situation faster and easier than you can on your own, and for a lot less than you might imagine. Sign up today!
Year End Checklist for Small Businesses
The following list is designed to help you get a good look at your business objectives and finances. It will help you understand where you have been and let you create a plan for next year full of success and growth.
Delve Into Your Financial Situation
The end of the year is a great time to make an appointment with your accountant, if you have one, but even if you manage your own finances, you can go over your reports and budgets. Compare your profits and expenses to previous years (if applicable). Go over cash flow, taxes, and pricing. Get a good look at the details and then step back for a view of the big picture. You can pinpoint problems and make a plan to avoid them or correct them in the future. Now is a good time to look at expenditures and decide where or if they need to be cut or expanded in the coming year.
Make A Budget
Your budget should be based on real expectations, so be conservative with your estimates. Using a previous year's profits as a base for your new budget and projections, you can anticipate major expenses in the coming year. Take a good look at any equipment and consider whether it will need maintenance, repair, or replacement in the coming year and include those items in a contingency in your budget. Your final product should be an accurate forecast of expenses and profits in the year to come.
Update Your Records
The end of the year is also a good time to do any housekeeping on your records so you're ready for the new year. Take the time to update employee files, get documents ready for tax filing, and compile customer data - contact information, purchase histories, etc - for marketing purposes.
Do A Risk Assessment
Another great thing to take stock of at the end of the year is your liabilities so you can determine whether you have adequate insurance to protect you, your business, and your assets. Review contracts, making sure to understand your rights and responsibilities in each one, and review your HR policies, employment regulations, and contracted employees; your attorney through our Small Business Legal Protection Plans can help you out with both of these items. Your provider law firm can also help you go over your insurance policy and any business contracts heading into the new year, and answer any questions you might have about contracts, policies, and employment.
Analyze Your Marketing Efforts
Now is a great time to take a hard look at your web site and make notes of things that need updating, changing, editing, and more. Look at your other marketing materials and tools, too. See what worked and what didn't. What advertising brought in the most new customers? If you're not collecting this type of information - where customers heard about you and your business - think about a plan to start collecting that data. Review your social media marketing and see what worked and what didn't. Schedule a meeting with your web designer and/or social media marketing expert or content creation specialist and make a plan for the new year. If you're not using the Internet or social media, the start of the year is a great time to consider how those channels may improve your marketing reach to customers and what you could be doing better or doing more of.
Enjoy Your Success
Ask yourself: "Where did my business succeed this year?" Maybe you completed a big project or landed a great new client. Thinking about everything you did right that led to your success will make it easier to replicate those successes in the future.
Consider Your Challenges
Just as it is important to look at your successes, it's just as pertinent to consider challenges, what led to them, and how you navigated through them. If you've had trouble collecting payments, a new payment policy may alleviate the issue, for example. Being proactive will help you avoid the same pitfalls next year.
Set Your Goals
Whether you want to increase customer service, launch new marketing, or bring in new products or services, making a plan now will make whatever you have in store much easier. Write out your goals and the steps you'll need to take to achieve them. Make sure your goals are concrete, realistic, and achievable. Track your progress by reviewing your goals throughout the coming year.
As always, if you have small business questions, feel free to contact us for a small business consultation where we can go over all the aspects of your business and give it a check up for 2022. Our Small Business Legal Plans can help you review contracts, policies, and other documents pertaining to your small business, and cut off any legal problems at the pass. Learn more about our Small Business Legal Protection Plans or sign up today!
Should You Buy The Warranty?
It's pretty common these days to be asked on almost every large purchase or purchase of electronics if you want to buy an extended warranty, and it's just as common for buyers to decline. Maybe we think that a new purchase will last long enough that it won't matter or go bad quickly enough to qualify for the standard warranty, but there are times when you'll be glad to have made the investment. If you have purchased a warranty and a manufacturer or retailer isn't holding up their end of the bargain, our network of qualified, dedicated attorneys may be able to help you. In the meantime, here is some information about warranties in general:
What Is A Warranty?
A warranty is a manufacturer's guarantee of a product, that it is in good condition and will function well for a stated period of time. A warranty assures customers that the sellers will make it right if the product doesn't meet a certain standard of use. Warranties, and their mechanisms for "making it right" with the customer can vary. Some warranties are manufacturer's warranties, and the manufacturer may want the customer to ship the product to them so that they can make repairs and then return it to you afterward. Some manufacturers will send you a replacement part if the repair is simple enough that the customer can make the repairs. Other warranties replace defective, broken, or malfunctioning products; some of these replacement warranties will replace products with refurbished models. Still other warranties offer cash back refunds, so customers can replace the defective products or buy a different product altogether. How the company decides to handle warranty claims depends entirely on the written warranty - either on printed material with the product or on the manufacturer's web site - and while it's pretty common to skip reading all the fine print, it is probably worthwhile to keep those documents in case something goes wrong with your new purchase, particularly if it is an expensive product.
Warranties have terms and stipulations that govern the use of the warranty; for instance, if the product breaks while you're using it for a purpose for which it was not intended, the warranty may become null and void. Most warranties will not cover damage that is done when the product breaks, either. For instance, if a product has an electrical short and starts a fire, the product warranty won't cover any damage to your house or other belongings.
Warranty Types
Much of what we've covered so far falls under what is known as "express warranties" and "implied warranties." An express warranty is a warranty that is written or otherwise put into words and references the quality and performance of a product. It generally details what is covered, how long it's covered, and what the manufacturer will do to make it right if something goes wrong. Some express warranties can include guarantees made by salespersons or a company orally, but those types of guarantees can be harder to enforce if the need should arise. Getting things in writing is always the best practice.
Implied warranties are assumed standards of function and reliability regardless of if there is a written warranty or not. These are generally referred to as "reasonable expectations." If you've purchased a television, for example, no matter what it says on the box or in any written warranty included in the packaging, consumers have a right to know that the product inside will work for its intended purpose. Implied warranties are laws, so manufacturers can't dodge the responsibility of bad products by not including a written warranty.
Extended warranties are optional and the ones we get asked about at the check stand as we're purchasing products. These offers are usually for $20-$50 or so, but the price can vary; many people pass these offers over because they would rather keep that money now at the risk of spending much more later on repairs and/or replacement. Extended warranties are pretty self-explanatory: they provide additional coverage above and beyond the standard manufacturer's or store warranty, either by providing return, repair, or replacement services for a longer amount of time, or sometimes, broadens the scope of what is covered when it comes to repairs or replacements. Most people encounter extended warranties when purchasing electronics, and, for most electronics purchases, the extended warranty is a coverage period that is longer than the standard warranty. Extended warranties still have terms and conditions, and the extended warranty may be voided if you use the product in ways it wasn't intended or if you try to fix a problem with the product yourself, or if you modify the product in some way.
So, Should You Get The Warranty?
For larger purchases that you may not be able to replace yourself at the end of the standard warranty period - a refrigerator or other appliances, or exercise equipment, for example - the extended warranty is probably a wise investment. Portable electronics that may get damaged from regular use - things such as cell phones or laptops - may also be good investments for extended warranties or additional insurance coverage. Cars and homes, as well as repaired items for both of these - are also good candidates for extended warranties.
But, while manufacturers and retailers would love it everyone bought the extended warranties on everything, the fact is, for many purchases, it may not be economically smart. Buyers should weigh the pros and cons of each offer of extended warranties and decide if the cost is worth it. Is the product likely to break during the time covered by an extended warranty? How much will it cost to repair or replace it on your own? How much effort will you have to put in to get the manufacturer to fix or replace the product? Is the potential benefit worth the cost up front?
In the end, extended warranties can be good investments, but if you have ever had trouble getting a manufacturer or company to hold up their end of the bargain with a repair or replacement agreement in a standard or extended warranty, your attorney through our legal subscription plans may be able to help you. Your lawyer can look over the warranty agreement, get details on what happened while you used the product, and, likely, help you reach a resolution to the matter quicker and easier than you can on your own. Our legal plan memberships cost just $29.95 per month, and pay for themselves the first time you use them! Learn more about all the ways you can benefit from our legal subscription plans, or sign up today!
Medical Billing Errors & Mistakes - What You Need To Know
Some real talk: medical costs in the United States can be expensive and complicated, and getting through a difficult healthcare system that includes co-pays, insurance, and possibly Medicare or Medicaid regulations is, very often, confusing, at best. But what happens if you get an erroneous bill, such as a bill that isn't yours or a bill that is much more than you anticipated? Sorting through a surprise or incorrect medical bill can be stressful and confusing, but members of our legal subscription plans have legal help at their fingertips when situations like these occur. The first thing you should do is to keep all documents, quotes, and bills together for easy reference by you or your attorney. Read on for a few more tips.
Billing Mistake or Fraud?
One of the surprising things that can happen in cases of identity theft is medical billing fraud. Here's how you can tell the difference between medical billing mistakes and medical billing fraud:
Are the billed services for treatments you actually received but on a different date? This is an example of a billing error. If you receive a bill for treatments, services, or visits but you do not remember those treatments, or the services are on the wrong date or the wrong location, or are for far more than what you were told you would pay, it may be some form of fraud scheme and you should contact your attorney right away. Sometimes, scammers sell or use stolen identity documents, and those credentials are used by someone other than yourself to procure medical services while you get the bill. In cases like these, you should definitely contact your lawyer as soon as possible, as well as credit reporting agencies. We also offer identity theft services that can protect you.
Contesting A Bill
In emergencies, it is easy to overlook things at admission, but if you don't recall something that appears on a medical bill, the first thing you should do is gather relevant documents and insurance information and review those documents. If you are missing documents, it is likely that the documentation is stored electronically, and you should be able to request copies of your medical records from the facility.
Next, contact your insurance company to see if they covered the correct amount. There may have been a mistake concerning a billing code, or incomplete or incorrect information was sent to the insurance company. This happens more frequently than you might think! Next, reach out to the medical provider's billing department for an explanation and to correct any mistakes. Make sure to take notes of your conversations with billing personnel, including the name and title of the person(s) you spoke to. Follow up with an email to the person you talked to so there is a record of what you talked about and any misunderstandings can be cleared up in writing. Some facilities use an online chat and you can download those conversations for your records.
After contacting your insurance company and the medical provider's billing office, you can go over your options. You can work out a payment plan with the provider, or you can dispute the bill. If you choose to dispute the bill, your attorney will be an invaluable resource. Often, lawyers are able to get results most of us just can't get, and the resolution is often cleared up in less time.
Legal Options
Your attorney through our legal subscription plan can help you in many ways:
Review your documents and give advice
Make calls or write letters on your behalf
Assist with dispute resolution through mediation or arbitration, depending on your situation
Do not ignore incorrect billing statements or demands for payment, regardless of the situation. Medical bills get sent to collections all the time and may impact your credit.
Receiving an enormous, incorrect, or even fraudulent bill from a medical provider can cause a lot of stress and anxiety, but members of our legal subscription plans can get access to dedicated, experienced attorneys familiar with insurance companies and medical billing to help. Our plans start at just $29.95 per month and pay for themselves the first time you use them. Work with a medical billing lawyer quickly and easily and get answers to questions and concerns, have phone consultations, get documents reviewed and explained, and much more. Learn more about all the benefits of membership or sign up today!
Why Regular People Need Legal Protection
Life is chaotic, and you never know when an issue with legal implications could arise. Legal situations happen all throughout our lives - from the mundane, such as having your will drawn up, to emergency situations, such as being sued - and having legal protection in your pocket (literally!) can relieve stress and give you peace of mind that you're prepared for whatever life might throw at you. While having a lawyer on retainer is usually an expense that most people do without, with our legal subscription plans, you can have an attorney at the ready no matter what happens.
Having a lawyer on retainer can be expensive. Typically, this entails paying an attorney a lump sum of money to be at the ready if you have legal issues. You reserve a lawyer's availability to serve you if you need legal assistance, and the lawyer considers your retainer a deposit on the legal fees as they work on your case(s). As we mentioned earlier, this kind of legal protection is typically out of most household budgets, and attorney fees can be hundreds of dollars per hour and use up your retainer deposit very quickly.
With our legal protection plans, you pay one low, monthly fee and have access to qualified, dedicated, experienced attorneys from our network of law firms across the United States, Canada, and the United Kingdom. Our legal subscription plans are affordable, on-demand legal services and our partnerships with leading law firms means that our members get legal advice and representation at a lower cost.
Our legal protection plans cover consultations and representation in a wide range of legal matters that are important to individuals and families as well as small businesses. Everyone will eventually have some kind of legal issue, and our plans cover:
Residential loans
Auto accidents
Speeding tickets and other traffic violations
Wills, living wills, and estate planning
Name changes
Divorce, separation, and support
Child custody, visitation, and support
Adoptions
Powers of attorney
Trial defense in civil lawsuits*
Bankruptcy
Taxes and audits
Consumer finance issues
Contracts and agreements
And more
And, as a member of our legal protection subscription plans, you will also be able to:
Speak with an attorney on an unlimited number of legal issues
Have your attorney make calls and write letters on your behalf
Have your lawyer review documents, contracts, and agreements
Have your attorney write or draft documents, contracts, agreements, and filings
Have your whole family who lives with you covered for the same fee, including pre-existing issues
Cancel at any time with no penalty
Our legal plans give you access to an on-call network of attorneys familiar with the laws of your state, and with our handy app, you literally have a lawyer in your back pocket! Legal fees can add up quickly, but with our legal subscription plans, you're covered for almost every situation for just one low, monthly fee. The service pays for itself the very first time you use it, and you are able to create an estate plan - including a will, advance directives, trusts, and more - at no additional charge once you sign up. Learn more about our subscription plans for individuals and families or sign up now! You won't regret it!
*Trial defense is not available in all states. Contact us about limitations based on your state of residence.
Cyber Monday Scams: How To Protect Yourself
Most people think that Black Friday is the biggest shopping day, but increased online sales around the holidays have pushed Cyber Monday to the number one shopping day of the year. With increased online shopping comes more online scams, though, and it is important to protect your finances from holiday scammers. Members of our legal subscription plans can speak with an experienced consumer finance attorney any time about concerns with online scams and hundreds of other personal legal matters at no additional fee. In the meantime, here are a few tips to protect yourself while online shopping this holiday season:
Beware of Too-Good-To-Be-True Pricing
When you come across items that have been greatly discounted, make sure to check the reviews on the site you're shopping to make sure you're not buying damaged or discounted products. Scammers often set up dummy web sites, auction listings, and advertisements on social media that look like amazing deals on brand name products, and then never deliver items sold. These kinds of scams kick into high gear around the holiday shopping season.
Make Sure To Read The Retailer's Return Policy
Disputes most often happen around return or refund policies, so making sure to read through and understand the store's policies and procedures for returns and refunds will likely save you a headache later on if you need to avail yourself of those services. Some companies have high restocking fees, and some discontinued items, or items on sale or clearance may not be eligible for returns or refunds. Customers are sometimes also responsible for return shipping fees. A reputable company will spell these terms out to you somewhere on their site.
Keep Tabs On Your Bank Account
Busy holiday shopping season is prime time for hackers who hack into retailer web sites and steal customer data, so it's important that you check your bank account frequently and be on the lookout for fraudulent charges, especially this time of the year. When spending increases around the holidays, it is easy to overlook charges, so saving receipts and checking them with your bank register can give you peace of mind. If you notice any irregularities, contact your bank or credit card issuer immediately.
Stick To Trusted Retailers
Double check domain names in your browser to make sure that you are on the correct web site. Emails or online advertising that appears to come from legitimate, trusted retailers can be scams that direct you to sites meant to steal your data or credit card information. The domain name at the top of your browser window should have an https:// at the beginning of the domain name; the "s" tells you that you are on a secure site. Make sure to use unique passwords for online retailers.
Check Out Seller Ratings
Negative feedback from previous customers can often tell you a lot about a seller. Marketplace and auction web sites that allow individual sellers to market their products to a wide audience often have features where customers can rate and review sellers, and these are a good source of information when making a decision to purchase from a seller you aren't familiar with. Be cautious before making a purchase from a seller with poor ratings or bad reviews; read the reviews and decide if you're willing to risk it.
Secure Your Payment Information
Scams abound online, and a common one is to get buyers to pay for items with wire transfers, money orders, gift cards, or cash. Never make payments online via any of these methods as none of them offer any tracking or protection if the transaction turns out to be a scam. Insist on more secure payment options, and consider protecting your credit or debit card information by using a third-party payment service that doesn't reveal your payment information to the seller. Almost all payment processing services offer some kind of buyer protection.
Shopping online any time should be a fun, safe experience, and, with a little forethought, always can be. When scams increase around the holidays, it's important to look out for yourself a little harder to make sure you don't become the victim of a scam or identity theft scheme. Members of our legal subscription plans can talk to experienced, dedicated, consumer finance and identity theft attorneys at any time, and it is included in your monthly fee. Learn more about this essential benefit, or sign up for legal protection today!
Putting Your Home In A Trust
If you're thinking about creating your estate plan - and you should! - you've probably wondered how best to leave your assets, and how. Your assets have monetary value, of course, but some items, like your family home, probably have sentimental value, as well. One of the most important parts of the estate planning process is planning what will happen to your home, but most people aren't sure what is the best way for their specific situation. While most are familiar with Wills and how they work in general, some might be unaware of their options when it comes to the distribution of assets like a home. A growing number of homeowners are using trusts.
So, what is a trust?
A trust is a financial arrangement by which a person places their assets in the care of a third party. In estate planning, trusts can be useful for parents of underage children, where parents might set up a trust for their child's legal guardian to care for the child financially if something were to happen to the parents. Trust require, well, trust.
A trust created for assets such as your home or real estate to pass on to family members or beneficiaries has a few options. The basic categories for trusts of this type are living trusts and testamentary trusts. Living trusts take effect while you are still living, whereas testamentary trusts go into effect upon your passing. Testamentary trusts are generally stipulated in Wills and created when the Will goes into effect. This means that, like Wills, testamentary trusts can be revoked or changed at any time. Living trusts can be either revocable or not, but irrevocable trusts, as you might guess from the name, cannot be changed, altered, or revoked after they are created. Revocable trusts become irrevocable after the creator of the trust passes on.
When you're creating a trust, you will need to transfer the deed of your home or real estate into the trust's name so that the trustees can assume ownership when it's time. If this sounds complicated, it's because estate planning and trusts are complex and are best done with the help and advice of a qualified attorney.
The Pros and Cons
Trusts and the different types of trusts have benefits and drawbacks. A major benefit of a living trust is that you can usually avoid the probate process, at least in the case of revocable living trusts. Because testamentary trusts are created after death, they must go through probate, which can be a lengthy and expensive process.
A trust may also defer some estate taxes, if your estate is subject to them.
Trusts can also delay the distribution of your estate if you choose, or place stipulations for beneficiaries to qualify for inheritance. Reason you might want stipulations is if you have minor children and want them to wait to receive their inheritance until they are of age, or if you worry that a beneficiary isn't responsible enough to manage the inheritance. A trust lets you set conditions that must be met before the property or assets are disbursed.
One disadvantage of a trust is that they can be complicated to create, especially if it is more than just your home that you want to place in trust. Buying and selling assets can mean that your trust has to be updated frequently and titles have to be updated to reflect your estate and the ownership of the asset by the trust, not the individual. Trusts also do not protect your beneficiaries against any liens that might be on your assets automatically. Several factors are involved, including the time of trust, so if you pass away with taxes or judgments owed against your property, creditors may look to collect those debts from your estate, just as they would in probate.
Making an estate plan is critical for just about everyone, and crucial for parents. Knowing what will happen to the care of your children, your home, your assets, and even your health care decisions if you should become unable to make decisions for yourself is probably the most important legal decisions anyone has to make... and everyone will need to make them. Failing to make an estate plan puts the burden on family to sort out your affairs and assets, and lets probate court make decisions about how your assets are dispensed, making a difficult time even harder and possibly more expensive. Give yourself and your family the peace of mind of knowing that you've made all your own decisions and your estate is taken care of by becoming a member of our legal subscription plans today. Getting your Will and other estate planning documents is free to all subscribers and you can make as many changes as you like as long as you're a member. Learn more about estate planning or sign up today!
Toxic Workplaces, Whistleblowers, and Retaliation: Worker's Rights
Employees publicly calling out the unethical behavior of their employers is nothing new, but recent cases at Theranos and Facebook have been major national news in recent months. Employees call out bad behavior at work places of all sizes all the time. If you know something unethical or unsafe is happening where you work but you don't know who to turn to for advice, our legal subscription plans for individuals and families may be the answer. You'll be able to ask a qualified, dedicated attorney questions about your employment and your employer's unethical behavior and get advice and answers, sometimes, the same day you sign up. You'll also be able to talk to provider attorneys about an unlimited number of other issues at no additional cost. In the meantime, here is a brief overview of workplace whistleblowing.
You Have A Right To Speak Up
As an employee, you have a right to say something if you see something wrong or unethical. Gather your facts and questions and have a private conversation with your immediate supervisor. Follow your employer's policy for reporting misconduct and make sure to keep a careful record of what is said in your meeting.
Employer Retaliation
Most people think that speaking up when you witness something wrong would be encouraged, but many employees don't speak up for fear of retaliation from their employer. Retaliation can take many forms, including:
Firing the employee
Transferring the employee to a different job or location
Reducing salary
Changing the employee's role
Denying promotions
Removing responsibilities or access
Threatening to do any of these things
Fear of retaliation is the main reason that employees do not report unethical or bad behavior when they see it. If you report something and think your employer is retaliating against you, here are some things you can do:
Ask your employer why the retaliatory actions took place. Is their explanation reasonable?
If not, voice concerns about retaliation
If the retaliation is denied (and it probably will be) take the issue to the Equal Employment Opportunity Commission (EEOC) or the fair employment agency in your state
Consult with an attorney about what to do next
Speaking up when you see something wrong or unethical is very important, and the fear of retaliation is real. Laws exist to protect whistleblowers against retaliation, and your provider attorney can advise you on your rights as an employee, what do to in these situations, and help you protect your rights while doing the right thing. Getting advice from dedicated attorneys who are experts in employment law is easy and cost effective with our legal subscription plans. Learn more about our plans for individuals and families or sign up today!
Small Businesses and Cyber Security
Hackers and other online criminals target small businesses more often than people think, and the threats are only getting worse. With as many costs as small businesses already have, dealing with a cyber attack shouldn't be one of them. Our Small Business Cyber Security packages are scalable to your needs and provide vulnerability scans, remote technical assistance, an emergency help line, and Cyber Security Protection Plan providing you with up to $100,000 of liability protection for a swift recovery. Learn more about our Small Business Cyber Security Plan, or read on for a few cyber security tips:
Protect Your Business From The Dark Web
As a small business owner, you do everything you can to protect against identity theft, but the Dark Web presents its own unique challenges. The Dark Web is an online market where identity theft professionals buy and sell stolen data. Cyber criminals lurk in online places not indexed by search engines, and these hidden online spaces are the perfect place for criminals to trade in your stolen accounts information, documents, logins and other credentials, and the identities of your staff and customers. New, synthetic identities are created from both real and fictional data, and can also be purchased or sold on the Dark Web. Some criminals even offer customer service, including refunds and credit card support.
While the uses of your information by criminals is essentially unlimited, some of the most common uses are to fraudulently get loans or mortgages, obtaining lines of credit, and stealing tax refunds. A stolen credit card can be used to open several new lines of credit and accounts, including new bank accounts and buying things online.
Using the same usernames and passwords for multiple business services - and, worse, for personal use as well as business use - would allow a hacker or cyber criminal to gain access to many - if not most or all - of your accounts across various service, financial, and business-related logins. If this happens, you may spend months or even years sorting through multiple compromises of your personal and business data and private information.
It's Worse At Tax Time
While cyber security threats are a year 'round concern, it's much worse at tax time, when more specific risks are likely to occur. The IRS reports that, in recent years, there has been an increase of identity theft; in particular, hackers and other online scammers are increasingly attempting to steal W-2 information from small businesses. Generally, the criminals seek out HR and Payroll records, looking for employee data, but any manager or staff member may be targeted. A common tactic involves the criminal sending an email posing as an executive of the company, requesting a list of employees and their W-2s. These emails typically look authentic and come from an email address that will look legitimate at first glance. Taxpayers may also receive emails that appear to come from the IRS but they are actually phishing emails designed to upload harmful software to the user's computer or server. These attempts are also directed at tax professionals and accountants.
It is important to remember that the IRS never emails you, calls you, texts you, or contacts you on social media. The IRS always contacts you by the U.S. Postal Service.
It is in your company's best interests to address your cyber security plan sooner rather than later. Consider purchasing some form of cyber security, such as our Small Business Cyber Security Plan, but also think about these tips:
Install cyber security software on all business computers and mobile devices that connect to your network
Install a remote backup system; if your business becomes the victim of a cyber attack, this remote system will enable you to recover quickly.
Encrypt sensitive data
Train staff who open emails to identify "phishing" emails
Develop a data breach response plan that includes information on how you will notify vendors, customers, staff, and other clients of the breach
Regularly test your security systems and procedures
Enable two-factor authentication wherever possible
Although the media tends to focus on data breaches that happen to large companies and corporations, millions of small businesses experience compromised data, accounts, and networks every year. Small business owners should never assume that their business is too small to be targeted; thieves who steal data and identities target the most vulnerable, not necessarily the biggest fish, so to speak. These increased risks mean that small business owners should take steps to prevent cyber attacks before one happens, costing you time and money. Learn more about our Small Business Cyber Security Plan or Sign Up Now!
Legally Adopting A Child
To legally adopt a child, you will need to understand the process in order to make important choices regarding the options available to you. The process and costs can vary depending on your state of residence, the type of adoption, and a few other factors, but regardless of those details, you always have the right to consult with your lawyer for advice and support throughout the process. An experienced, dedicated attorney specializing in adoption and family law can guide you through every step of the adoption process in your state, and, as a member of our legal subscription plans, you will be able to ask your attorney an unlimited number of questions regarding adoptions, get advice, get help with paperwork, have letters written on your behalf, and more, at no additional cost. In the meantime, here is a brief look at some of the aspects of adoption:
The Legal Process
Completing a profile of your family and home will help match you with children waiting to be adopted. Adoptions of infants will most likely be private domestic adoptions, while older children tend to be adopted through either international channels or through a state's foster system. Older children are sometimes part of a group of siblings hoping to be adopted together. Assistance may be available for families adopting children with special needs.
Domestic or International Adoption Services
As you might imagine, the process of adoption is more straightforward with domestic adoptions than with international adoptions. International adoptions often have more steps and may require international travel for at least one - and possibly both - potential parents. Once agency requirements are met and your home and family profile is completed, your family will be placed on a list for referral to adopt a child. Your preferences may be taken into account by the agency considering placement, but the agency ultimately chooses the child it feels will be the best fit for your home.
Private or State Adoptions
Private adoptions typically involve working with a private agency and/or a lawyer, while adoption processes through states involve working with government agencies. Because social services are primarily concerned with reuniting children with biological parent(s), private adoptions generally have shorter waiting periods than adoptions from state foster systems, particularly for infants and very young children. In the case of older children who have been in the state foster care system for a long time, biological parents may have already given up their parental rights, and this may make the adoption of older children faster and easier. In many cases, you may foster the child for months or even years before they return to their biological families or you get permission to adopt.
Open or Closed Adoptions
The amount and frequency of contact or the type and kind of information shared with adoptive families from birth parents are the main differences between open and closed adoptions. Open adoptions mean that birth parents may maintain some contact with the child, and/or receive updates and photographs of and about the child over time. In closed adoptions, information is sealed, and contact is restricted at least until the child reaches the age of majority. International adoptions are typically closed adoptions, while domestic adoptions may have room for negotiation with the birth parents to decide the type and kind of contact, interaction, and information exchanged.
Preparing To Adopt
After you begin the adoption process, there is a requirement of a home study or profile that must be completed. This ensures the fitness of the prospective parents, the ability to care for the child's needs, and more. A typical home study may include:
Federal and state background checks
Financial review
A visit to your home
Medical evaluations of both parents
Interviews with all adults living in the home
These home studies or profiles are typically completed by a social worker who then submits recommendations to the adoption agency and the court. When a child is in the foster care system, this process is usually completed before a child is placed in the home.
Legal Adoption
The process of a legal adoption transfers the rights and responsibilities of biological parents to adoptive families, and the process differs slightly from state to state. It is important to discuss adoptions with your provider attorney familiar with the process in your state to better understand what to expect.
Getting Consent from Biological Parents
The process of getting consent from biological parents can often be difficult, time consuming, and often unknown. This step isn't always needed in every case; if a child's biological parents have passed away, the court waives the need for their consent, or if they have already given up their parental rights, you will be able to skip this step. If you work through an adoption agency, the agency usually handles this step if it is needed. In most international adoptions, this step will most likely already have taken place. Because laws regarding parental rights vary from state to state, you should speak to a qualified attorney about the laws in your state.
More Complicated Process For International Adoptions
Typically, international and state adoptions have more steps than private adoptions, but when adopting internationally, the child's country of birth may handle the adoption process. If both adoptive parents are able to travel, they may complete this process in that country and return to the US on an IH-3 visa. Lawyers often still recommend completing the adoption process in your state of residence so that local, state, and federal governments recognize the child as yours and a US resident.
Filing For Adoption
Adoption agencies can help you fill out paperwork relating to your adoption, and documentation of certain information may be required. To finalize the adoption, you will need to appear in court in front of a judge. The child will also need to be present, and you will answer questions under oath regarding your ability to support and raise the child, your rights and responsibilities as a parent, and more. Your attorney can help you prepare for this process.
Work With An Adoption Attorney
No matter where you are on your adoption journey, your legal subscription plan membership gives you access to dedicated, qualified, experienced adoption attorneys familiar with the laws and regulations of adoption in your state. While the process of adoption can be confusing and complicated, it can be so rewarding, and so much easier with the help of your provider attorney. Learn more about our legal subscription plans or sign up today!
When You Need To Change A Custody Order
It is always possible to change a custody order, and it may be in your best interests to work with a family law attorney to help you with the process. Several factors go in to determining how difficult a change to a custody order can be, including how cooperative the other parent will be. There are simple cases where all that is needed is to be able to come to an agreement with the other parent, having your attorney prepare a petition for the court to modify custody, and having a judge sign the court order. Other times, parents may need to complete additional steps, including the possibility of mediation or a court hearing. Having an attorney on your side can help, including convincing a judge of an urgent situation that makes changing the custody order imperative. Members of our legal subscription plans for individuals and families have access to dedicated, qualified family law attorneys who can advise you and guide you through the process for just one low, monthly fee. Plus, you can speak to your provider law firm on an unlimited number of legal issues without ever paying more. Here is some more information on common issues in changing a custody order.
Reasons A Custody Order Might Get Changed
A judge may make a change to a child custody agreement for a few reasons:
The current arrangement is difficult for one or both parents
A parent's work schedule has changed
A parent is moving to another state
The existing agreement is no longer in the child's best interests
The current order does not provide for quality time with one parent and/or provide for proper supervision
The child is struggling in school
The environment the child is living in has become unsafe, unclean, or is otherwise an unfit environment for the child
The child's school schedule or extra curricular schedule has changed significantly
One parent is deliberately blocking the other parent from court-ordered parenting time
One parent has significant medical, physical, or mental health challenges
One or both parents are having difficulty following the current parenting plan or one parent is not following the plan for visitation and/or custody
Things that contribute to the child's well-being - such as visitation, child support, or other items - need modifications
The court may agree and grant a new order, but there are cases where the other parent will need to agree to the new arrangements.
When Can I Request A Custody Modification?
Though it varies from state to state, there usually needs to have been some kind of substantial change in circumstances and that it is in the best interest of the child or children to review and modify the custody order. If you feel that your child is in danger, you should seek the advice of an experienced family law attorney to seek a change in the parenting plan, as it may require filing a motion with the court and a hearing.
What Constitutes A "Material or Significant Change In Circumstances"?
Generally, a significant change in circumstances means changes that:
Have occurred since the parenting plan was put in place
Contributed negatively on the child's health, school, or other factors
Caused significant impact on the child's day-to-day life
Will benefit the child if the plan is altered
Documentation of the circumstances will usually be required. An attorney can help you understand the requirements in your state.
What If Both Parents Can Reach An Agreement?
When both parents agree on a change to the parenting plan, the court will usually approve the change if it benefits the child or children. If you can reach a satisfactory agreement with the other parent, make your plan official with a modified court order:
Write down the details of your new plan
Have your attorney review the plan to make sure it meets your state's requirements
Have your lawyer draw up documents
Both parents must approve the final plan
File paperwork with the court and set a hearing if needed
Prepare for the hearing if you need one
Have the judge sign the new order and file it
If you and the other parent are not able to reach an agreement, one option is mediation. An agreement reached in mediation will probably require a hearing; an attorney can help you understand your rights and what steps you need to take.
When Parents Cannot Agree
If there have been substantial changes in circumstances and you need a modification of your custody order, but the other parent doesn't agree ot rejects your proposal, you may need to collect documentation of the change in circumstances and file it with the court in order to make the changes. Laws vary from state to state, but you may be required to meet with a mediator to try to reach an agreement with the other parent. If the case ends up in court, you may need the following:
Documentation or evidence of the changes in circumstances
Proof of negative impacts on the child or children
Your proposed plan for custody modification
Your attorney will be able to help you identify types and kids of evidence that will be needed in court to build an argument for modification. This may include documents or witnesses to the effects of the change in circumstances. Evidence may include:
Photographs or video illustrating your concerns
Report cards
Disciplinary records from your child's school
Testimony from doctors, teachers, therapists or other third parties
Our legal subscription plan members have access to experienced family law attorneys to help address legal concerns regarding child custody orders, including giving you advice on what documentation to collect and how to navigate the system in your state. Your lawyer will be able to explain your options based on your unique situation and you can call your attorney on an unlimited number of legal matters. Learn more about all the benefits of being a member of our legal subscription plans for individuals and families or sign up today!
Tax Deductions for Small Businesses
When tax time comes around, business owners should be on the lookout for potential tax deductions. While businesses of all sizes have expenses, knowing which ones are legitimate write offs can be confusing, especially if you're not a pro with the tax codes in your state or the IRS. Members of our Small Business Legal Subscription Plans have access to qualified tax attorneys, and you can ask questions and get advice at tax time, or any time! While the following information shouldn’t be considered tax or legal advice, this blog post will cover some of the most common small business expenses that can be deducted on your yearly taxes.
Writing Off Expenses
The IRS says that business expenses must be "ordinary and necessary" in order to claim them on your tax return. This means that your expenses must be common for your industry and relate to the operation of your business and work performance. Once you determine which expenses you can deduct, you'll need to know which forms to use to report your expenses, and this depends on your business entity type. For instance, a sole proprietor or an LLC with a single member would report these expenses on a Schedule C form, where you report your business' profits and losses. The figure will be subtracted from your gross profits and the final amount is then transferred to your personal 1040 as business income. If you are a C Corp, you file an 1120 with the same expenses and revenues, but you also provide a balance sheet.
This process can get complicated the more expenses you have to deduct, determining which expenses qualify for deduction, and to what category they belong. Members of our legal subscription plans can get the help they need at tax time; one of our network tax attorneys is always available to answer questions.
Common Business Tax Deductions
Industries differ on which expenses can be deducted, but there are some common deductions so long as you keep good records and save receipts:
Start-Up Costs
New businesses may be able to deduct up to $5,000 of start-up costs, provided that they are related to research into creating a business, preparing for the business' launch, or creating a business entity. Start-ups can also deduct up to $5,000 each year for the first three years for costs incurred while creating an employee retirement plan.
Transportation
Some professions require some amount of driving and travel as part of the job, and these expenses can be deducted under certain circumstances. You must keep records of mileage, gas receipts, maintenance bills, license and registration fees, parking fees, and the costs of tolls. You can deduct a standard mileage rate of .58 cents per mile for business use, according to the IRS. The trick is in separating your business use from your personal use. If your vehicle is also used for personal uses as well as for your business, you will need to keep meticulous records of work use versus personal use in order to deduct these costs.
Travel and Meals
Some jobs require you to travel out of your home area, and you may be able to deduct those expenses, provided they meet certain criteria. For travel expenses, these must be:
Necessary for work
For the purpose of business activities
Outside of your "tax home"
Planned in advance
For meals, the rules are a bit more complicated. As an example, if you take a potential customer out to lunch to discuss your work, you usually can deduct 50% of the cost of the meal. Additionally, meals purchased on a business trip are usually deductible.
Rent
If your business requires a physical location, you should be able to deduct the cost of your rental space on your taxes, so long as you are not receiving equity or title to the property.
Business Insurance Costs
Most businesses have some kind of business insurance, and in almost all cases, the cost of business insurance can be deducted from your tax bill.
Advertising
Any expenses related to advertising and marketing can usually be written off, with the exception of expenses related to lobbying to influence legislation.
Education
Paying for training for employees or yourself can usually be deducted, including travel expenses related to the education.
Depreciation
Business equipment loses value over time, and you can write off the lost value of that equipment on your taxes over the life of the equipment. The IRS has some rules for this, including how you depreciate the equipment: you can choose to depreciate at a steady rate over time or take a bigger deduction within the first few years and smaller deductions later.
Office Supplies
Most consumable office goods are tax deductible so long as you haven't deducted them in a previous year.
Utilities
Costs of electricity, heating and cooling, telephones and other communication devices, water costs, and sewage costs are all eligible for deduction from your taxes so long as they are strictly used for your business and not personal use.
Health Care Tax Credits for Small Businesses
If you have fewer than 25 full-time employees, you may be able to get a tax credit if you provide health insurance benefits. This credit can be up to 50% of the premiums paid, and smaller employers get a bigger credit.
Self-Employment Tax Deduction
Working for yourself means that you are responsible for both the employer and employee contributions to Social Security and Medicare/Medicaid. This self-employed tax rate is 15.3% for incomes up to $142,800. You may be able to deduct the portion that would be the employer's portion from your net income on your income taxes.
Home Business Tax Deductions
Working from home is more common today than ever before and you may be able to deduct the costs of working from home. Sole proprietors, freelancers, contractors and others may be able to deduct the costs of a home office on their tax returns, but there are certain stipulations that must be met in order to claim them.
Home Office Deduction
While it's not as simple as just writing off the cost of your rent or mortgage, you can get a tax deduction for the space you use for work. The IRS stipulates that the space must be used exclusively and regularly to conduct business, so if you use a spare bedroom as your home office, you can deduct $5 per square foot of space or total the cost of your mortgage or rent, utilities, and other expenses and calculate the percentage of your deduction based on the percentage of your home is being used to conduct business.
Small businesses shouldn’t have to worry about IRS audits, and working with a professional tax attorney can alleviate those worries, making sure that you get every deduction and credit you're entitled to and avoiding claiming ones that you're not. Our legal subscription plans for small businesses is a great investment at tax time, and you're sure to find many reasons to use your subscription and discuss business issues with your provider attorney all year long. You can speak with a dedicated, qualified, small business tax attorney about your small business taxes and make sure that all your filings, paperwork, and documents are correct, accurate, and complete before you file. Plus, you can talk to your provider law firm about many other topics, as well, such as contracts, agreements, employment issues, and much, much more! Learn more about the many benefits of being a subscriber to our legal subscription plans for small businesses or sign up today!
Tax Deductions For Small Businesses
How To Solve Disputes With Roommates
Many people save money and time spent on household responsibilities by sharing a living space with someone else. Having a roommate can have a lot of pluses: it can be fun, cost effective, and safer to live with someone else, especially when you're starting out. It's also a completely different living experience from living with parents, other family members, or a significant other. Living with someone you're not related to or in a relationship with can also mean that disagreements can (and do!) happen, and it's important to know going in that you probably won't agree about everything.
In shared housing at colleges, we rarely get to choose who we share our space with, but it can give you a taste of what living with someone else can be like. Different personalities, hygiene habits, schedules, and lifestyles can make co-habitating a challenge. One way to avoid conflict is to sit down with your roommate(s) and discuss aspects of your new living arrangement and make a written agreement. This can include division of household chores, division of bills and expenses, how food is kept (is it shared or separate; are you labeling your food containers and purchases; how long are leftovers kept in the fridge; etc), when and how many friends can come over, and much more. Writing down your expectations before choosing a roommate can also help you decide what kind of person you'd be most comfortable sharing your space with.
Leases can cover some aspects of shared living arrangements, such as the amount of rent each person is responsible for, the rules on guests and pets, and certain aspects of keeping the property clean. But most other aspects should also be addressed and put in writing outside of the lease agreement. When you're a member of our legal subscription services, you'll have access to an attorney-prepared Roommate Agreement that can help set boundaries and make your day-to-day relationship with your roommate easier. Our Roommate Agreement covers rent and utilities obligations, the use and care of each other's belongings, upkeep of the property, use of the rental unit and visitor policies, and personalized requirements for your unique situation.
Disagreements are probably unavoidable, but having house rules in order can ease tensions when problems arise. Learn more about all the benefits renters have with our legal subscription plans for individuals and families, or sign up today!
Legal Advice for Pet Owners
Pets bring us so much joy and fun, and, occasionally, headaches, too. While most problems with pets are no big deal, there are a few times where problems with pets can lead to legal issues. If you need help with a legal issue surrounding your pet, as a member of our legal subscription plans, you can call your provider attorney and get advice, get answers to an unlimited number of questions, and more, all for one low, monthly fee. In the meantime, here are some tips for pet owners:
Maintain Control of Your Pet At All Times
You may be legally responsible for damage caused by your pet, especially if your pet has a history of biting humans, attacking other pets, or having an aggressive demeanor. You may also be responsible if your pet damages property, including scratching or denting cars.
Follow Your Local Pet Laws
Know if your locality has a leash law and follow it. Make sure you understand the requirements of any leash laws, any required pet tags or licenses, and inoculations. Complying with local pet laws can help you avoid citations and/or appearances in court.
Understand Your Local Pet Nuisance Laws
If there are pet nuisance laws where you live, it is important that you understand them and what they require of pet owners. Nuisance laws can include excessive noise, cleaning up after your pets, and making sure your pet doesn't dig or otherwise damage neighboring properties. By knowing and following these laws, you can avoid fines, court, and disputes with your neighbors.
Know Your Local Laws About Breeding
If you intend to breed your pets, make sure you know and understand the local laws about breeding. These laws can vary widely between localities so it is important to check into these laws, especially if you're moving to a new area.
Know Your Pet-Related Lease Terms
If you are renting a home or apartment, you should review the terms of your rental contract or lease in regards to your pets. Some terms included in leases and rental agreements regarding pets often include security deposits for pets, limits to the number of pets you can have on premises, limits on the weight of animals, restrictions on the type or kind of pets, and more. Make sure that you know these terms before you sign or before you adopt a pet. If you live where there is a homeowners' association, you may need to review the terms of that agreement, too, making sure you understand the rules and bylaws of the HOA in regards to pets.
Know What Your Pet Insurance Covers
Read through all the terms and conditions of your pet insurance policy to make sure that all your areas of concern are covered by your policy. Discuss your coverage with your vet and make sure that your policy covers your pet's issues and the costs associated with caring for your pet. Your provider attorney can also review your insurance policy and contracts at no additional fee as long as you're a member of our legal subscription plans.
When There's A Disagreement Involving Your Pet
Remain calm and stay rational during any disagreement about a pet, whether you're the pet owner or have been injured by someone else's pet. It is important to deal with the issue in a calm, civil manner as disputes involving pets can often become emotional and escalate quickly.
If you have questions or concerns about legal issues surrounding pet ownership, your provider attorney is available to answer your questions and give advice on an unlimited number of topics as long as you're a member. For one low, monthly fee, you can contact your attorney for advice on contracts, policies, and the law and put your mind at ease. Learn more about our legal subscription plans for families and individuals or sign up today!
Divorce: What You Need To Know
There are many reasons that couples seek divorce, and while divorce can often be a good thing in the long run, it is important to protect your rights and assets, no matter how amicable the split is. If you are considering divorce and worry about the costs of a divorce lawyer, our legal subscription plans may be right for you. Your provider attorney can give you advice and answer questions, write letters and compose statements and court documents on your behalf, all for one low, monthly fee. In the meantime, here are some important issues to think about if you're thinking about divorce:
A Contested Divorce
A divorce is contested when there are issues related to the marriage that the parties cannot agree upon. Common areas of dispute include property division, child support, visitation, child custody, spousal support, and other assets. These can include bank accounts, insurance, investments, real property, retirement accounts, automobiles and other vehicles, and more. During a contested divorce, there is a period of extensive discovery, in which ownership records must be provided, usually going back for several years prior to the divorce, and sometimes, decades. This can drastically increase the cost of getting divorced, and the more that the parties fight, the longer it will go on, and the more that it will cost.
Counseling
When couples have minor children, divorces can be particularly contentious, regardless of whether or not the divorce is contested. Divorce counseling can help parents by creating an atmosphere where negotiation and compromise can happen, minimizing the impacts on the children, improving communication, establishing a parenting plan, and, ultimately, saving you time and money.
Mediation
Divorces can be emotionally draining, and contested divorces - ones in which there are areas of dispute, such as child custody, child support, spousal support, property distribution, etc - even more so. Many attorneys charge a minimum retainer of $3,000 or more just to begin working on a contested divorce, and can charge rates up to $450 per hour. Mediation early in the process can reduce or even eliminate contested issues, allowing couples to agree on compromises and saving money for both parties. Approach mediation with your list of items, but also be willing to compromise where you can.
Spousal Support
While some states have a formula for dealing with property division and spousal support, some states do not, and this makes some contested divorces unpredictable. Your provider attorney will be able to help you understand the laws in your state as they pertain to your particular situation.
Separation
In some states, a "no fault" divorce requires the parties to live separately and apart for a set period of time before the divorce is finalized. This period can be extended if the divorcing couple has minor children of the marriage.
What Is The Court's Role?
The courts dissolve the marriage, distribute property, and ensure the best interests of any minor children are addressed. Courts will not "punish" a spouse.
There are many and varied issues and details that can affect the emotional and financial costs of getting a divorce. If you are considering divorce, you can call your provider attorney at any time and ask an unlimited number of questions pertaining to your divorce at no additional charge. Learn more about our legal subscription plans for individuals and families, or sign up today!