Archive for June, 2010

I’ve Got Child Support Debt! Can Bankruptcy Help?

Tuesday, June 29th, 2010



Child support payments can become quite a burden when it is put into an already tight budget. And these days, you’d be lucky to find a budget that isn’t tight. You may have to pick and choose which debts to pay and, while it seems that you could push off your child support payments, there is little tolerance from government agencies for not paying it.

If you start to miss payments, an agency can (and will) garnish your wages—but not at the regular rates put forth by the Missouri wage garnishment laws. If you are head of household, up to one half of your paycheck can be garnished. If you are not head of household, up to 65% of your paycheck can be garnished. That garnishment makes it near impossible to pay any of your other bills.

Child support debt is not a typical debt—it is considered family support and taken very seriously. In fact, if your child support is the result of a court order, not paying it may be considered a violation of that order. That could possibly result in your arrest for contempt.

Since child support is considered family support like alimony or maintenance payments, it isn’t able to be discharged in a Chapter 7. Fortunately, a bankruptcy lawyer can still help you with your child support debt. A Chapter 13 bankruptcy can put a stop to your wage garnishment and help you catch up on your child support payments. While the debt can’t be discharged, back child support payments can be put into a Chapter 13 repayment plan.

Can you imagine how much easier it would be to maintain your budget without the weight of child support debt and a wage garnishment? You can finally be back in control of your payments, your budget, and your paycheck. Remember, doing nothing changes nothing. You can change the situation that you are in—but only if you are willing to take action against it.

Child support debt, especially if paired with a garnishment, can render you unable to pay any other bills, sinking you farther and farther into debt. The best move to make next is to start looking at your options. Sure, you can get a free consultation from most attorneys, but the best ones will be able to provide you with great information before you even sit down with them face to face. Read up on bankruptcy FAQ, blogs, and even free publications to help you decide if bankruptcy is the best way out of debt.

Getting Your New York Mortgage Broker License

Tuesday, June 29th, 2010



New York has one of the most detailed applications for mortgage licenses and one of the longest timeframes in which to get the approval for the license. But the large population in the state coupled with some very high housing prices (and therefore mortgage amounts) make New York one of the most coveted licenses for a mortgage broker that can generate business in that state.

The lengthy process starts with word approval from the Banking Department if you are a corporation or limited liability company (LLC). Even if your company is from out-of-state, you need the Banking Department approval to use certain words in your company name. “Mortgage” is one of the words that require approval. If another company has a similar name, you will need to use a different name in New York. It takes about 2-3 weeks to get the approval.

Completing the application is where most of my clients stop cold. The personal questionnaire is 7 pages long and asks about your spouse, parents, dependents, professional references, personal references, military history, and 15 years of employment history in detail. It asks about your initial contribution to the company, outstanding debts in excess of $10,000, and your income sources.

New York requires 2 years of mortgage industry experience and the principal who has it must draft an affidavit detailing each company he/she has worked for, its address and telephone number, the supervisor that the principal worked for, and job duties.

New York also requires fingerprint cards and credit reports from all owners of more than 10% of the shares. Lately, reviewers have been requesting leases and subleases for the office address, copies of licenses from other states, if applicable, copies of passports, and authentication from the county clerk confirming that the notary public that is used to notarize signatures on the application has a valid notary commission.

When you first submit the application, it goes through a preliminary review. If the application is deficient, the entire application is returned with a letter listing the deficiencies. When the application is re-submitted, it may be accepted for 90 day processing or it may be returned with another list of deficiencies. The first goal is to get the application accepted for 90 day review. The 90 days is not hard and fast and the applicant may be asked for additional documentation or clarification of documentation that is already part of the application. When you are asked to submit the $10,000 surety bond, you know you are near the end of the process.

If your application is approved, you must pick up the license in person at the Banking Department, even if you are from out-of-state. The Banking Department assigns you a date and time for the pick up and there is a meeting to explain certain requirements of maintaining your status as a licensee.

All together, the application process takes about 7-8 months from start to finish. Luckily, the license never expires.

Social Security Death Benefits Guide From a Los Angeles Attorney

Sunday, June 27th, 2010



 

This article will tackle about Social Security Death Benefits, in matters of its purpose, coverage and entitlement, including the value of Attorney representation in claims of this sort.

A good way to start would be to discuss significant points regarding Social Security Death Benefits.

Social Security Death Benefits

Everyone who works in the United States is mandated or required by law to pay into Social Security. Upon occurrence of circumstances such as disability or upon retirement, these benefits are paid out to the person who contributed into Social Security. This is normally how the system works.

Specifically, when a member dies, the benefits that he/she are entitled for or was receiving does not expire with his/her death. Instead, they are passed on or transferred to certain eligible members of his/her family. The benefits that the surviving family will get are capped as survivor’s benefits.

Under the Social Security guidelines, if a person worked, paid Social Security taxes and have earned good amount of work credits, any eligible members of the person’s surviving family can be entitled for survivors benefit upon his death.

The number of years a benefactor needs to work for their family to be eligible for Social Security survivor benefits depends on his/her age when he or she dies. The younger a person is, the fewer years he or she needs to work. However, no one needs more than 10 years of work to be fully insured or eligible for any Social Security benefit.

Eligible Survivors

The rules are more complex in this matter. However, as a general overview these people can receive Social Security death benefits, given any of the following conditions:



Your spouse (full benefits upon retirement, reduced benefits at age 60, and full benefits for disabled individuals 50 and older)

Your spouse at any age, who is taking care of your child who is under age 16 or disabled

Your ex-spouse age 60 or over (50 or older if disabled) who was married to you for at least 10 years

Your ex-spouse at any age, who is taking care of your child who is under age 16 or disabled

Dependent parents who are 62 or older

Disabled children of any age

Unmarried children under 18, up to the age of 19 who are still in high school full time

Stepchildren, grandchildren, and adopted children (circumstances vary with these survivors)



Benefit Amount

The amount of Social Security death benefits that a survivor can receive depends on several different factors.

However, the benefits that an eligible family will receive monthly from survivor benefits depend on the decedent-member’s average lifetime earnings. That means, the higher the earnings, the higher the benefits. In turn, the monthly benefit is equal to a percentage of the decedent-member’s basic Social Security benefits. The percentage depends on the survivor’s age and relationship to the decedent-member.

This is all too complex and complicated. For better light on this matter, you can confer with a Social Security Attorney to give you a clearer and detailed account.

Lump-sum benefit

If the decedent-member has accumulated enough work credits, his or her surviving spouse or minor children may receive a lump-sum benefit of $255, if they meet certain requirements.

For the surviving spouse to be eligible, he/she must have been living with the decedent-member at the time of the latter’s death, or if living apart, must have been receiving benefits based on the decedent-members earnings record.

If the decedent-member is not married at the time of his or her death, the death benefits may be divided among his/her children who are eligible.

Actions Needed

After the death of the decedent-member, it is significant that survivors take all the essential steps to determine the availability of Social Security Death Benefits. On this score, it is relevant to consider the hiring of a Social Security Death Benefits Lawyer who is adeptly knowledgeable with claims and compensation under the Social Security.

Because of the complexities in the procedure of filing a death benefit application, the surviving family may necessitate the aid of a Social Security representative in order to have better chances of approval. In Los Angeles, there is a considerable number of qualified Social Security Lawyers who can help you in this respect.

Closing tune

With the great depression brought about by the death of a loved one, there is a reason to feel low and a great reason to move on. For the surviving family members, when you happen to be in this situation, be quick to respond in order to get the rightful Social Security benefits at the soonest. For more help and assistance, seek Attorney’s services.

Our expert Los Angeles social security lawyers are knowledgeable with issues such as death benefit claims. For more information, you can log on to our website and have your case evaluated.