December 13, 2019

Legal News You Can Use: Do You Know the True Purpose of Alimony?

Alimony is an important protection for some divorcees. If you are divorcing, it might be something you’re looking into seeking, too. Do you know how it’s determined? Do you have any idea about how much you need?

Here’s a little more about alimony, so you can understand what to expect.

1. Alimony is decided by the courts unless you and your spouse agree on an amount

Alimony is decided by the courts, but you and your spouse can decide on an amount yourselves in advance if you’d like. If you want to make up your own mind about how much you need, then you should sit down and budget. Find out how much you need in alimony to make ends meet, and then you and your spouse can talk about an amount that is feasible and how long it should be paid.

2. Alimony is designed to help a lesser-earning spouse and to “pay them back” for their support

Alimony has a few purposes. One purpose may be to help spouses who gave up their careers or who earn less and need time to make up the financial differences caused by moving out. Alimony can also be used as a way to pay them back for financial support while one spouse went to school.

3. Lump-sum alimony helps you avoid long-term obligations

Lump-sum alimony is a good way to avoid long-term obligations. With lump-sum alimony, the payer doles out the whole amount versus monthly installments. With lump-sum alimony, the recipient doesn’t have to worry about payments not being made, and neither the recipient nor payer have to stay in touch (unless for other reasons).

Attorneys at Suisman Shapiro can speak with you more about alimony and answer your questions on the subect. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

Sponsored post on behalf of Suisman Shapiro.

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Legal News You Can Use: Mothers Against Drunk Driving Remind Drivers to be Safe This Year

Photo by Matthew T Rader on Unsplash.

As the holiday season approaches, it’s important that people understand the dangers of drunk driving. That’s why Mothers Against Drunk Driving (MADD) has taken a stand again this year in Connecticut.

The Connecticut branch has spoken out to remind people to be safe on the roads this season, stating that 39 percent of the fatal crashes that took place in 2018 involved drugs and alcohol. The state ranked third in the nation for the highest rate of crashes involving drugs and alcohol.

In recent weeks, two people passed away as a result of drunk-driving crashes. In one case, the driver had a blood alcohol concentration (BAC) of 0.137 percent, well above the legal limit of 0.08 percent.

MADD wants to remind people that it’s still possible to celebrate without driving drunk. You have options, such as limiting how much you drink on Thanksgiving, Christmas Day or other holidays, calling a ride-sharing service, staying the night wherever you plan to drink or walking to and from events. Whatever you do, you should not be getting behind the wheel of your vehicle if you’re intoxicated because it could put your life, and the lives of others, on the line.

What should you do if you are involved in a traffic accident with a drunk driver?

The most important thing to do is to get support for your injuries. You need to go to the hospital and go through a medical exam, so you can begin the process of recovery. With the right support, you can take the time to heal, and the other party can be held accountable for their actions.

Sponsored post by Suisman Shapiro.

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Legal News You Can Use: How do you Know When to Return to Work after a Burn Injury?

Photo by Cullan Smith on Unsplash.

Burn injuries are serious. They can lead to infections, deformities and other chronic issues with your body. Severe burns range from the most painful to those that leave you without the nerve endings you need to recognize pain.

When you’re at work and exposed to fire, hot items or chemicals that could cause burns, you must take steps to stay safe. Those steps could be anything from wearing appropriate personal protective gear to staying a distance away from hot objects.

After a burn injury, returning to work can be frightening. However, there are many resources that can help you return to work. One benefit offered by workers’ compensation, for example, is training for a new position or job so that you can return to work when you are able.

How do you know when you’re ready to return to work?

There are a few ways that you will start noticing that you are ready to return to work.

  • Your medical provider has stated that you are physically capable or safe to return to work
  • Your health care provider agrees that you are mentally or psychologically prepared to return to work
  • You feel you have the support and guidance to return to the job
  • You and your employer have discussed having you return to work and the role you would take on

Not everyone gets to a point where they can return to work, especially with serious burn injuries. However, if you feel you are ready, you may be able to train for a new position away from hot items or be able to return to your old position with new safety steps in place to prevent similar accidents in the future.

Editor’s Note: This is a Sponsored Post from Suisman Shapiro Attorneys-at-Law.

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Legal News You Can Use: Injured at Work? Should I Make a Worker’s Comp. Claim?

Looks safe enough, but injuries can happen anywhere in a work environment.

Sponsored Post from Suisman Shapiro Attorneys-at-Law 

Imagine that you’re working at your desk. There are no significant hazards around you. You reach up and pick up a heavy box above you, and you suddenly feel a snap along your shoulder. You’ve been working in the same position for many hours, and combined with the strain of the weight of the box, you’re now struggling with a painful injury.

Situations like yours aren’t uncommon. It’s actually relatively common for accidents to happen on the job with little that can be done to prevent them. Whether it’s because of repetitive motions, picking up something too heavy or other causes, injuries can happen in an instant.

When they do, you need to know what to do next. No matter what kind of injury you suffer, your employer should help you file a claim with the workers’ compensation insurance carrier. If your injury is extremely painful, a coworker can take you to the hospital, or your employer can call for an ambulance.

It’s important that you receive care right away so that you can prevent the injury from worsening.

What information should you keep from the hospital visit?

Keep every piece of paperwork you receive. You should also inform the medical provider that this is a work-related injury so that they can give you copies of the correct documents for your employer.

If you are hurt on the job in any way, workers’ compensation should be there to protect you and pay for your medical care. Don’t delay in telling someone if you get hurt so you can get care quickly.

The Suisman Shapiro website has more information on the compensation and benefits you may receive after a work injury.

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Legal News You Can Use: Are Connecticut Roads Prepared for Winter?

Snow’s so pretty but are the roads — and you and your vehicle — ready for the next winter storm? Photo by Korey Moore on Unsplash

SPONSORED POST by Suisman Shapiro Attorneys-at-Law.

Connecticut’s first winter storm of the season in mid-November caught many people off-guard, including the Department of Transportation. Snow blanketed many areas of the state just as people left work. Although the DOT salted the roads, it wasn’t enough.

Crashes and stuck cars closed three highways, causing major back-ups. A man from Florida died when he left his spun-out vehicle and another car hit him. Connecticut is no stranger to snow and winter driving, so what went wrong this time?

More snow than expected

First, the state received more snow than expected, but not by a huge amount. Fairfield County took the brunt of it, but many areas received over half a foot. This may have been enough to cause trouble. Drivers knew there would be snow, but didn’t expect quite so much of it. Connecticut drivers are used to driving in snow, and they may have thought they could handle it.

Bad timing

The storm’s timing did not help matters, either. Anytime bad weather coincides with the rush hour commute, you have a terrible combination. Commuters hurrying to make it home blocked the plows trying to clear the roads. Police had to escort them out of traffic.

Operations center failure

Unfortunately, the storm also caught Governor Malloy off-guard. He was speaking on prisoner reforms in California at the time of the storm and did not activate the emergency operations center. Nor did his chief of staff, Brian Durand, who sought advice from the Transportation Commissioner.

Are you prepared?

If you haven’t done your winter car check, now is the time to do it. You should check the following before hitting the snowy roads:

  • Battery. Many garages can test your battery. Carry jumper cables, even if you have a good battery. You may be able to save a neighbor in need.
  • Fluids. Top them off, especially windshield washer fluid and anti-freeze. Keep your gas tank at least half-full, as well.
  • Tires. Switch to winter tires if you have them. Otherwise, make sure your all-weather tires are in good condition.
  • Lights. It gets dark much earlier, and you want other drivers to see you.
  • Emergency kit. Make sure you fully stock your winter car kit with flashlights, water, snacks, a warm blanket, a first aid kit and kitty litter or sand.

Winter has only just begun. We will see more snow before the season is over. Stay safe and make sure you are prepared for the next winter storm. 

Visit the Law Firm of Suisman Shapiro  at this link for more information.

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Legal News You Can Use: Prepare for Autumn Driving Hazards

Photo by Val Vesa on Unsplash

Sponsored Content by Suisman Shapiro Attorneys-at-Law. Driving around to see the beautiful fall foliage is a welcome activity for many people. If you are planning on heading out to do this, you must ensure that you are prepared for driving in this season.

You might not think of autumn as a season with specific hazards. Here are a few to remember as you head out the door:

  • The glaring sun can make it difficult to see, so choose polarized sunglasses as part of your driving gear
  • Leaves that have fallen are slippery, so don’t brake quickly on them
  • Deer and other wildlife might cross the roads, so remain watchful for them
  • Your eyes need time to adjust to the light outside, so plan for a couple of minutes for this before you pull out of the driveway
  • Fall rains can make driving conditions treacherous, so remember to avoid slamming on your breaks and steer into a skid if you hydroplane

Remember, even when you are driving safely, others might not be doing the same. There is a chance that you will be involved in a crash. If this happens, be sure to keep your wits about you.

  • Get medical care if there is any sign that you suffered an injury
  • Contact the police to get an accident report
  • Try to gather what evidence you can at the scene, including pictures and contact information
  • Be careful about what you say as you don’t want to admit fault, even if you didn’t mean to

All of this can protect your right to seek compensation if you should decide you need to pursue that path.

The Law Firm of Suisman Shapiro focuses on this area of the law. Visit their website at this link for more information.

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Legal News You Can Use: Spousal Support Could be Affected by Tax Law Changes

Sponsored Content by Suisman Shapiro Attorneys-at-Law.  From property division to spousal support, financial issues have been some of the most significant factors for Connecticut couples going through a divorce. Alimony payments are already a contested issue in many divorces, leading to lengthy negotiations and even court battles. Spousal support issues could become even more complex, however, following the adoption of changes to the U.S. tax code in Dec. 2017.

While each state has an individualized approach to spousal support, there has also been a uniform federal tax approach to the finalized payments. In federal tax law, the payer of alimony has been able to deduct those payments from their income taxes. Meanwhile, the recipient of spousal support reports the income and pays taxes on it alongside their other income. However, as of Jan. 1, 2019, this situation will flip as alimony payers will no longer be eligible for a tax deduction. On the other hand, support recipients will no longer need to pay taxes on the income received.

This is expected to have a variety of impacts on the alimony payments that emerge from negotiations and court orders. The overall payments may be lower as the tax burden will now make those support bills much more expensive for the payer. For the recipient, the funds will no longer be eligible for investment in an Individual Retirement Account restricted to taxed income.

The changes are sending some couples to a family law attorney to seek advice about the impact of the changes and to act quickly to finalize a divorce in 2018 prior to the new law’s effective date. A divorce lawyer may be able to provide representation for a spouse seeking a divorce on a wide range of contentious matters, including child custody, spousal support and property division, to achieve a just settlement that protects a divorcing spouse’s assets.

The Law Firm of Suisman Shapiro focuses on this area of the law. Visit their website at this link for more information.

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Legal News You Can Use: Divorce and Splitting Retirement Accounts

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Suisman Shapiro Sponsored Post — When Connecticut couples divorce, one piece of property they may need to divide is a retirement account. This might be what is known as a qualified plan, including a 401(k), or it might be an Individual Retirement Account (IRA) or another non-qualified plan. There are different regulations for dividing these types of accounts.

With a qualified plan, if a person withdraws a portion of the money and gives it to a spouse, that money will be taxed and may be considered an early withdrawal. This can lead to a significant reduction in the final amount. However, if the couple gets a document known as a qualified domestic relations order (QDRO), the tax and early withdrawal penalty will be waived.

A couple can have a QDRO for an IRA, though it is not necessary to avoid tax. Furthermore, there will still be a penalty for early withdrawal for people under a certain age. Other specific regulations may differ across company plans or pensions, and a couple may want to look into these regulations. It is important not to assume that the process will be straightforward nor that it will not incur penalties or fees. Furthermore, the QDRO must be prepared accurately as it can be a costly document that becomes even more expensive if there are errors.

One option for couples who do not want to go through the trouble or expense of splitting a retirement account is for one person to keep the retirement account and the other person to take another valuable asset. This might be the home or an investment account. However, it is important that the values of these assets be assessed accurately. This means taking both taxes and penalties into account as well as the liquidity of the asset. For example, a bank account could be more liquid than a retirement account while maintenance and insurance are among the costs of a home that should be considered.

The Law Firm of Suisman Shapiro focuses on this area of the law. If you are seeking experienced legal guidance for a divorce in Connecticut, contact Attorney Robert Tukey to arrange an initial consultation with an experienced eastern Connecticut divorce lawyer.

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Legal News You Can Use: Smartphones May be Causing More Car Accidents


Suisman Shapiro Sponsored Post — Traffic safety advocates believe that smartphones are causing more deadly car accidents in Connecticut and across the U.S., but new federal statistics show that distracted driving deaths actually declined in 2016. What is going on?

According to the National Highway Traffic Safety Administration, only 448 people were killed in smartphone-related car crashes in 2015. That number dipped even further last year. However, traffic fatalities significantly rose the past two years, and a closer look at the data shows that half of all traffic deaths in 2015 involved cars that were driving straight ahead, rather than veering off the road due to weather or a blowout.

Safety experts believe that indicates that some drivers may have been distracted by their phones and simply plowed into something directly in front of them. This hunch correlates with numbers showing that pedestrian, bicyclist and motorcyclist deaths have risen sharply in recent years. For example, pedestrian fatalities rose 21.9 percent between 2014 and 2016. Over the same period, bicyclist and motorcyclist deaths jumped 15.2 and 15.1 percent, respectively. Meanwhile, studies show that smartphone use by drivers has continued to increase.

So why aren’t more traffic fatalities being classified as being smartphone-related? Experts say that some police investigators are overly focused on other accident causes, such as drunk-driving or speeding. Another problem is that it can be difficult to prove that a smartphone was responsible for a crash.

Car crashes caused by distracted drivers are a major problem in Connecticut. Individuals who are injured by a distracted driver have the right to pursue compensation in court. With the help of an attorney, it may be possible to obtain a settlement that covers medical expenses and other losses that have been sustained.

Source: Bloomberg, “Smartphones Are Killing Americans, But Nobody’s Counting“, Kyle Stock, Oct. 17, 2017

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Legal News You Can Use: Proving Negligence in a Car Accident Case

Photo by Samuel Foster on Unsplash

SPONSORED POST: To recover compensation in a car accident case, a plaintiff must satisfy the required elements of a negligence claim: duty, breach, causation and damages. Specifically, the plaintiff must persuade the jury that the defendant breached his or her duty of care, resulting in injury, by a preponderance of the evidence standard.

Element Two: Breach of Duty

As we discussed in a recent post, every licensed driver has a duty of care to operate his or her vehicle in a responsible manner. That duty includes abiding by traffic laws and paying attention to traffic and road conditions. Thus, the most contested element of a car accident case is usually not whether a duty existed, but whether the defendant driver’s actions breached that duty.

Types of Evidence in a Car Accident Claim

A plaintiff may use both direct and circumstantial evidence in a car accident case. Thanks to technology, there may be direct evidence of a defendant driver’s actions. For example, street cameras may have recorded the driver running a stop sign or red light. If a crash victim suspects that the other driver was texting behind the wheel, a subpoena to the driver’s cell phone carrier may confirm that suspicion. Many newer motor vehicles also contain an Event Data Recorder (EDR), or “black box,” which may have recorded speed and braking patters immediately before the collision.

Creating a Trial Narrative With Expert Testimony

Suisman Shapiro also has established relationships with accident reconstruction specialists. These professionals may offer testimony that interprets circumstantial evidence, such as skid marks, vehicle resting positions, EDR data, and the driver’s memories immediately before the crash. However, none of this evidence may be apparent without the skilled investigative efforts of a personal injury attorney.

The Law Firm of Suisman Shapiro focuses on this area of the law.

Source: Washington Post, “Study on drug-impaired driving gets pushback — from other safety advocates,” Fredrick Kunkle, May 1, 2017

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