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Texas Child Support Laws

It is an unfortunate fact that when children are a factor in divorce, child support issues become a bone of contention, especially if the divorce is dissentious. As it is with child custody, the concern of the courts is to look out for the best interests of children of divorce, and to protect their rights to financial maintenance by their parents.

The laws governing child support in Texas is embodied in Title 5 Subtitle B Chapter 154 of the Texas Family Code. In it, the laws are very specific on what the courts may and may not order based on the circumstances. It is possible that both parents will be assigned a certain amount of child support in cases when neither parent has physical conservatorship (which is what they call custody in Texas). In most cases, however, the parent who is the physical conservator is the one who will receive child support payments from the non-conservator parent.

There are many possible scenarios described under Chapter 154, but perhaps what would be an important point to know is that the failure of one parent to pay regularly court-ordered child support may be considered a quasi-criminal offense under Texas Penal Code §25.05 if that parent does so even if he or she has the financial capability to make payments. The penalty for this (considered contempt of court) can be as much as 180 days imprisonment each time the case is brought before the Texas Child Support Division as well as $500 in fines. According to the website of the BB Law Group PLLC, the non-paying parent may also risk losing state-issued licenses including professional, driver’s, business and recreational.

If you live in Texas and have been having difficulty in getting your spouse to pay child support regularly even though there is a financial capacity for it, consult with a lawyer in the area about your legal options. Your child or children should not have to suffer from your spouse’s refusal to fulfill legal and familial obligations.

Emergency Room Errors: More Common than You Think

If you have ever watched an episode of the tv show ER, you will know that it is a scene of much drama and tension. But while the award winning show focused primarily on the lives and personalities of the medical personnel, the stars of the show in a real emergency room are the patients, with the medical personnel acting as supporting characters. In real life, however, the stars of the drama don’t always come out triumphant in the end, and in some cases it is due to preventable emergency room errors.

It is a fact that the medical personnel in an emergency room need to be on their toes and to make quick literally life-or-death decisions for their patients. In most cases this can save a person’s life, but when in some instances because of carelessness or negligence, errors are made that can adversely affect a patient’s life, sometimes permanently. For example, a patient dies of a ruptured appendix an hour after a busy ER doctor sends her home with a prescription for antacid for her belly ache. This is a case of emergency room error that may land the ER doctor in court for medical malpractice.

Some of the most common human errors that occur in a hospital emergency room include:

  • Anesthesia errors
  • Delayed treatment
  • Medication or dosage error
  • Failure to diagnose
  • Incorrect diagnosis
  • Incorrect treatment method

This happens more often than it should, notwithstanding the effects of stress and time-constraints often prevailing in an emergency room. Patients have a right to a standard of care from medical practitioners, and there is no excuse for sloppy work. If you or someone you know suffered injury or death due to emergency room errors, you have a right to pursue compensation from the person or entity responsible for the medical mistake in question.

The Dangers of the Caffeinated Food Trend

In response to the increasing trend of food products that have caffeine added into them, the Food and Drug Administration (FDA) is holding an investigation into the effects of caffeine, especially on children and adolescents.

The announcement comes alongside the release of a new gum from Wrigley that features caffeine as an additive. One piece of the gum has the caffeine content of half a cup of coffee. After discussions with the administration, Wrigley today announced that it will cease selling the caffeinated gum pending the results of the FDA investigation.

The concern is that these caffeinated food products are often marketed to children, who should not have stimulants in their diet. Too much caffeine can cause an increased heart rate or arrhythmia.

Officials at the FDA applaud Wrigley for taking interest in public health. Not much is yet known about the effects of prolonged caffeine exposure in children, so the administration is hoping other producers of caffeinated foods will make similar decisions as it moves towards enacting appropriate regulations.caffeinated foods

 

Raytheon to Move HQ from El Segundo to Texas

radar makerRaytheon Company, the largest employer in El Segundo, is moving its corporate headquarters to McKinney, Texas. The move comes as a part of reorganization efforts that have become the norm for defense contractors in response to the United States’ reduced defense budget.

A spokesman for the company says that the move will help the company be closer to its customers and streamline its efforts.

Between 6,000 and 7,000 people work at the El Segundo office, where the company makes RADAR sensors for heavy craft such as satellites, fighter jets, and ships.

It is becoming increasingly common for large corporations to move their operations from California to other parts of the United States. In this case, real estate in Texas is much cheaper and the laws are much friendlier to the operation of a business.

What You Might Not Know about Premises Liability

If you slip and fall in front of your neighbor’s house because of some oil he spilled on the sidewalk, is he liable? Yes, he is. abellawfirm.com

Premises liability can be a complex issue, but not in the above situation. Under premise liability law, your neighbor is responsible for keeping the sidewalk in front of his house clear and safe for the public. Your neighbor must have known the oil was potentially dangerous to the public, failed to clean up the oil (easily done with a piece of newspaper) or provide some type of warning about it to you or any passersby. If you sustained serious injury in your slip and fall, you can claim for compensation from your neighbor (or his insurance company) based on premise liability laws.

Premise liability statutes differ from state to state, but there are some general definitions that you should be aware of. This will help you identify when a premise liability claim can be made, and to ensure that you are never on the wrong end of a personal injury claim.

First of all, premise liability accrues to the person who is in possession of a physical property such as a lot, building, house, apartment, or establishment. A person is said to possess the premises when that person occupies and/or controls it. For example, a homeowner occupies a house and has control over what happens within and around the house. If a person rents an apartment but does not live in it, he or she is still said to be in control of it while the lease holds. A person does not necessarily have to own the premises to be in possession.

The second consideration in premises liability law is the nature of the relationship between the plaintiff and the defendant in terms of the plaintiff’s presence on the premises at the time of the incident. There are three types of relationships under premises liability: invitee, licensee and trespasser. The first two categories of people may be considered to have a “legitimate” presence on the premises, and to whom the possessor owes a reasonable duty of care, which if absent and results in injury renders the possessor liable. For example, if Joe invites Linda to his house and a rotting tree branch in the backyard falls on her head, Joe may be liable for Linda’s injuries.

The third category of person may be considered an “illegitimate” presence on the premises, or one who has no right to be there in the first place. For example, if Nathan who lives behind Joe’s property decides to take a shortcut to his house by going through Joe’s backyard without Joe’s knowledge or invitation, and that same branch fell on his head, Joe might not be held liable for Nathan’s injuries.

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