Betty Neuman McMahon PLCDavenport Personal Injury Lawyer | Workers' Compensation Law2024-03-20T09:12:13Zhttps://www.bettylawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1201382/2020/07/Betty-Neuman-McMahon-Favicon.jpgOn Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=518562024-01-11T17:58:58Z2024-01-11T17:58:58Zold enough and mature enough to give reasonable input on the matter, their wishes can influence the final terms set by the judge. Should parents ask their children to discuss their preferences?
Involvement in custody matters can cause extreme stress
When looking at what aspects of divorce are the most damaging for children, there are two elements that stand out above the others. The first is exposure to parental conflict. The more fighting and bitterness the children witness, the more likely they are to struggle to adjust after the divorce.
The second element is the belief that they are at fault or that they must serve as an intermediary between the parents. Pressure to talk to a judge or testify in court about personal preferences could exacerbate a child's feeling of being in the middle of a war zone. They may perseverate for weeks about the need to speak to a judge and may spend years second-guessing themselves. If their relationship with either parent declines after the divorce, they may blame themselves and the requirement to state their preferences for the issues in that relationship.
Parents who shield their children from pressure and conflict may find that their children bounce back from the divorce proceedings more quickly and more thoroughly than children in higher-conflict situations. Instead of pressuring the children to express a preference about who they live with after the divorce, parents can potentially attempt a collaborative approach to custody negotiations or even attend mediation sessions to settle their current disagreements.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=518542023-10-11T23:14:50Z2023-10-11T23:14:50ZKeep records of everything
Defending against a wrongful termination suit is much easier when you can provide a legitimate reason for letting a worker go. For example, you might be able to counter a claim of gender discrimination with the fact that the employee in question was let go for being late to work 12 times in the last month. You may also have an easier time mounting an employment law defense by keeping copies of poor performance reviews or customer complaints made against the plaintiff.
Think about the optics
It may be difficult to justify terminating an employee days or weeks after coming back from FMLA leave. The same may be true if you are trying to terminate one of the few racial minorities in your organization. Although you may have cause to let that person go, courts will consider timing and patterns when evaluating wrongful termination claims.
Avoid retaliating
It is illegal to terminate an employee for pointing out inappropriate conduct in the workplace. For example, you cannot terminate someone simply because that employee made a claim of workplace harassment or complained about an unsafe working environment. Ideally, your organization will have a formal discrimination and harassment policy that will outline the steps to take after an employee brings an issue to your attention.
Wrongful termination lawsuits have the potential to cost your company hundreds of thousands of dollars. Therefore, your business has a strong incentive to create policies that ensure equal treatment for all of its workers. Your company may also want to invest in digital tools that allow it to document employee discipline and other information that might be important in a given situation.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=516282023-07-14T04:22:43Z2023-07-14T04:22:43ZEarning capacity
If you earn $1 million per year while your former partner makes $30,000 a year, your partner might get a greater share of the marital estate. You may also be required to pay alimony or child support even if custody is split 50/50. If your spouse gets a higher paying job, wins the lottery or receives an inheritance, you may be able to seek changes in a divorce settlement at a later date.
Physical condition
A disability may make it difficult to work or to finish a degree. Therefore, you may be entitled to a greater share of a martial estate if you have a physical or mental health ailment that makes it difficult to support yourself. You may be required to show proof of your condition as well as provide evidence that it is something that you won't be able to recover from.
Other factors
If you have a prenuptial agreement with your spouse, its terms will typically dictate how assets are split. For instance, it may stipulate that you get to keep the family home while your spouse gets a greater share of retirement savings. You may also be entitled to financial assistance if you are a child's primary caregiver or otherwise need assistance while you go to school or look for a job.
A divorce may have a significant impact on your physical, financial and mental health. However, taking a proactive approach to the settlement process may make it easier to get a deal that provides for your needs now and in the future.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=516132023-09-14T05:20:49Z2023-04-11T04:20:18ZDo you know your FMLA policy?
Some employers fail to form any kind of FMLA policy at all, and this tends to be a major FMLA misstep. Under FMLA rules, employers have the power to lay down the ground rules for certain FMLA policies. This gives them agency in the way their FMLA leave is administered.
Among these is the method used to measure 12 months of FMLA leave, which can be done with either a fiscal year or a calendar year. FMLA employment law entitles employees to as much as 12 weeks of leave within a period of 12 months. The catch is that it's up to the employer whether a calendar year is used or if you roll backward 12 months starting from the first day of leave.
If an employer doesn't set the terms for the method of calculation used to determine this 12-month period, the employee can pick the method that best works to their advantage. This might not work best for the employer since it can result in 12 weeks at the end of one calendar year and another 12 at the start of the next.
Two required forms of notification
Some employers fail to let their employees know what their FMLA rights are. This might be because they make the false assumption that the people who work for them are already aware of the rights that FMLA entitles them to, which is often not the case.
There are two ways that employers have to notify workers of their rights under FMLA. For one, these rights must be posted at all places of business. Additionally, employees must be notified of these rights upon being hired.
It's essential that employers know their FMLA policy. They should also ensure their FMLA leave rights are posted in the two mandatory forms of notification.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=515792023-09-13T18:32:38Z2023-01-18T21:10:29Z
Member/Partner Edward Rose will serve as the President of the Iowa Association of Workers’ Compensation Lawyers for 2023.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=515782023-03-07T06:16:42Z2023-01-10T00:40:56ZThey shouldn’t have to guess
While it may be uncomfortable to talk to your children about an upcoming divorce, it is crucial that you tell them directly. Ideally, you and your spouse should decide how and when to talk to your children together.
Ultimately, you do not want your children to start seeing the clues and start to ask questions. Children who feel the need to guess may start feeling insecure about the future and what divorce could mean for them.
Having an age-appropriate discussion
When you think about the divorce conversation, you should remember that you probably will not be able to complete it in one sitting. Your children will have questions as they think about what divorce means and how it will apply to their everyday lives.
Keep in mind that your ex will still be your child’s other parent. While you may have a significant conflict between you, that information can make your child’s relationship with them more difficult. As you discuss what divorce will mean for your children and their future, try to ensure they can continue a positive relationship with both parents, even if you are no longer married.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=514232023-03-07T06:16:51Z2022-10-31T06:12:05ZClick here to view the Arbitration Decision]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=514012023-03-07T06:16:55Z2022-10-15T05:25:08ZRetirement accounts are valued differently
Retirement accounts are valued differently than most other assets in divorce because of the way these accounts are taxed. For example, money in an ira account is considered less valuable than the same amount of money in a regular savings account because the IRA funds will be taxed upon withdrawal. Both traditional and Roth IRAs require a document called a transfer incident to divorce to split such accounts. If the receiving spouse decides to take a distribution from one of the accounts, only that person will pay income taxes on the amount withdrawn unless an exception is applied.
Spouses must also obtain a Qualified Domestic Relations Order (QDRO) to split various retirement accounts, including IRAs. The distributions are based on a budget's order and must comply with the terms of each qualified account. In some cases, early withdrawal of retirement funds may not apply if a receiving spouse takes a withdrawal.
After splitting the accounts, both spouses should remember to change beneficiaries. A common mistake involves leaving an ex-spouse as the primary beneficiary on a retirement account.
Protecting your interests in a divorce agreement
Division of other assets, including business interests, can also complicate a divorce agreement. Determining an equitable divorce agreement often doesn't mean splitting the assets in half, as many factors require consideration. Divorcing spouses should also look out for their best interests and take their time before reaching an agreement. Because of the complicated nature of divorce agreements, some couples may benefit from hiring an accountant specializing in divorce valuations to ensure they receive the best settlement.
Additional considerations include updating estate plans after the divorce is finalized. Wills, trusts and other instruments will require modifications to reflect your new status and ensure that your assets go to the right individuals after your passing.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=513412023-03-07T06:16:59Z2022-07-15T04:35:43ZEquitable distribution
Usually, in a divorce, assets are divided equitably. This means that the court will try to divide the assets in a fair and just manner. However, what's considered "fair" can vary from case to case.
Factors that affect property division
There are many factors that the court will take into account when dividing assets. One of the most important factors is the length of the marriage. If you remained married for a short time, you may be more likely to receive a greater share of the assets. Another important factor is whether you have children. If you do have children, the court will usually try to keep their best interests in mind when dividing assets.
Thirdly, the court may also look at each spouse's financial needs. If one spouse has a significantly higher income than the other, they may get ordered to pay more support. Lastly, the court may consider any contributions that each spouse made to the marriage. This can include things, like working to put your spouse through school or staying home to care of your children.
Are all assets subject to equitable distribution?
Generally, all assets that were acquired during the marriage are subject to equitable distribution. This includes things, like the family home, vehicles, retirement accounts, and savings accounts. However, there are some exceptions. For example, an inherited property is usually not subject to equitable distribution.
Also, property that you acquired as a result of a personal injury lawsuit may not be subject to equitable distribution. If you are unsure about whether a particular asset is subject to equitable distribution, you may want to do some research to avoid any surprises during divorce negotiations.
Ultimately, the court has a lot of discretion when it comes to dividing assets in a divorce. If you are getting divorced, you should try to learn as much as you can about the process to make sure that your interests remain protected.]]>On Behalf of Betty Neuman McMahon PLChttps://www.bettylawfirm.com/?p=513012023-03-07T06:17:04Z2022-04-15T22:49:13ZTry to stay out of court
It's best to stay out of family law court if you want a child-centered divorce. Speak with your ex and make sure both of you agree that you won't take your divorce to court since the trial is designed to declare a "winner" and "loser." You will likely experience several emotions in the months following your divorce, and feeling as though you're competing with your ex may not be ideal for your peace of mind or the emotional health of your children.
Concentrate on healing
Instead of focusing all your energy on trying to get even with your spouse in family law court, concentrate on healing so that you can start finding fulfillment in your life again. Working on getting your finances in order, taking care of your health and being intentional about cooperating with your ex for the sake of the kids can help to accelerate the healing process.
Don't rush
While you don't want to drag out family law proceedings in a divorce, you also don't want to rush the process. Your kids need some to to become accustomed to your new way of life, and you'll need to be patient. Be available to answer any questions your kids have, and make sure you're keeping up with the custody and child support process to ensure that your children are properly cared for post-divorce.
Focus on the kids
It's likely that one of the things you and your ex can agree on is that you love your children. This means you both want to do what's best for your children. Concentrate on making sure your kids feel valued and safe. Create a comfortable space for them to tell you how they're feeling and offer your support. Allow your kids to focus on being children and avoid making your little ones feel like they have to choose sides. This can make it easier for kids to come to terms with the divorce.]]>