Tennessee Child Support Case Shows Consequences of Legal Parentage

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    May 12, 2012 /24-7PressRelease/ -- Tennessee Child Support Case Shows Consequences of Legal Parentage

Sometimes courts need to step in to determine paternity when there is a dispute. However, courts do not always get it right when establishing paternity, which causes problems for all involved. A recent Tennessee appellate court ruling shows the consequences of a court incorrectly declaring a father to be a child's legal parent.

Paternity Proceedings While Overseas

A Tennessee soldier was sued for child support while he was overseas in Iraq from November 2007 through January 2009. The man never responded to the suit, so the state moved for a default judgment and the Department of Human Services began to take money from the man's military pay for child support payments.

When the soldier returned home from serving, he petitioned the court for repayment of the child support he paid. He claimed that he never received the letter the state sent ordering a DNA test, and a DNA test he took when he returned home revealed that he was not the father of the child. The court ordered the state to reimburse the man the $2,735 the state took from his pay.

Appellate Court Decision

The state appealed the court's decision, and the appellate court ruled that while the court was wrong initially to issue a default judgment against the soldier, the court had no authority to order the state to repay the money that it took. There is no state law that allows repayment for child support paid in error.

The Servicemembers Civil Relief Act prevents courts from issuing default judgments against members of the military on active duty, but the only remedy for a violation of the SCRA is setting aside the judgment. The law does not provide for paying damages for losses. Additionally, federal law prevents retroactive alteration of child support.

Legal Parentage

The soldier's case shows some of the legal and financial consequences that result from legal parentage. A child's legal parents are obligated to support the child financially, so non-custodial parents may be court-ordered to pay child support.

However, parents also have legal rights to see their children. Either one of a child's legal parents may petition for custody or parenting time. Without being a child's legal parent (even if the biological parent), a person has a much harder time gaining custody or parenting time. Also, if a person is not a child's legal parent, the child will not have access to the parent's benefits such as health insurance, Social Security and veteran's benefits.

If you are dealing with issues surrounding legal parentage of a child, contact an experienced attorney who can discuss your situation with you and advise you of your options.

Article provided by The Law Office of Smith & Lepp - An Association of Attorneys
Visit us at http://www.smithandlepp.com

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Study Shows the Benefits of Speed Limiters for Commercial Drivers

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May 11, 2012 /24-7PressRelease/ -- Six years ago, the American Trucking Associations (ATA) advised the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) that using speed limiters --electronic devices that limit the top speed of commercial vehicles -- would help prevent commercial trucking accidents and make roads safer for motorists.

Now, according to ATA CEO Bill Graves, a recent study published by the FMCSA proves that these devices are an answer to saving lives of many commercial truck drivers. "This study confirms what ATA has been saying for years -- speed kills and one of the most effective ways to prevent hundreds, if not thousands, of crashes on our highways is to slow all vehicles down, including large trucks," Graves said in a statement.

In the study, which was conducted by the American Transportation Research Institute and the Virginia Tech Transportation Institute, data showed that speed limiters significantly benefited truck safety for those trucks that had them installed.

Common Causes of Truck Accidents

According to the FMCSA, speeding is one of several common factors that can contribute to commercial truck accidents and slowing them down is a vital step toward improving highway safety. Other risk factors include improper maintenance of vehicles, distractions, driver fatigue and reckless driving.

Getting Legal Help

If you have been in an accident that was caused by a commercial truck driver, a personal injury lawyer can help you navigate the complicated legal issues of your case and help you get the compensation you deserve.

Article provided by The Maurer Law Firm, PLLC
Visit us at www.maurerlaw.net

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Patent Assistance Worldwide: Facebook Shows Importance of Patent Acquisition

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NEW YORK, NY, May 08, 2012 /24-7PressRelease/ -- There is an old saying that knowledge is power, but in this day and age, it might be equally accurate to say that knowledge is money. Facebook has recently made this clear in its efforts to buy up as many patents, and shore up as much intellectual property, as possible, all in hopes of besting competitors like Yahoo while also impressing investors at its initial public stock offering. A new report finds that Facebook has agreed to purchase some 650 patents from Microsoft, amassing as much intellectual property as possible in order to boost its bottom line. This report underscores just how powerful--and lucrative--a patent can be, but it also shows how complex patent law really is, highlighting the important services rendered by companies like Patent Assistance Worldwide.

Mark Fallows, a spokesman for Patent Assistance Worldwide, says patent law is becoming more complex as the technology industry expands, and Facebook's latest dealings are a good example of this. "Microsoft bought huge volumes of intellectual property from AOL, for billions of dollars, and now they are selling that intellectual property to Facebook for another large sum of money," Fallows explains. "Facebook, meanwhile, is seeking not only to impress investors, but also to gain footing in possible legal skirmishes with companies like Yahoo. It can all seem fairly complex, at least to those unfamiliar with patent transactions."

In particular, Fallows says, it can be confusing for novice inventors, whose technical know-how may dramatically outweigh their legal savvy--but that's where Patent Assistance Worldwide comes into play.

"Those who have invented something and wish to protect it, market it, and make money off it need the best in legal assistance," Fallows says. "Patent attorneys can often be pretty pricey, though, which is why Patent Assistance Worldwide is such a great alternative."

Patent Assistance Worldwide is not a legal firm, but, according to Fallows, it offers a service that is every bit as essential for inventors. "Our company is a clearinghouse of services, all of them geared toward inventors," he explains. "We enable inventors to connect with patent attorneys, and we can often help them secure much better rates than what traditional law offices tend to offer."

Legal help is not the only service an inventor needs, of course, and neither is it the only service Patent Assistance Worldwide can provide. "Our clearinghouse of services includes basically everything an inventor needs to make money off of his or her idea," Fallows observes. "We put people in touch with talented illustrators, as well as top-notch researchers. We offer a full range of marketing services for those who desire to profit from their intellectual property. And all of this we can do at a much lower rate than what the inventor is likely to find elsewhere."

ABOUT:

Patent Assistance Worldwide is a clearinghouse of services geared toward inventors seeking to protect or market their intellectual property. The company places clients in touch with professional illustrators, patent researchers, and patent attorneys, and typically offers inventors more affordable rates than traditional legal firms can offer. More information about Patent Assistance Worldwide can be found at http://www.patents4ideas.com.

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