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Ataxic Cerebral Palsy Lawyer

Ataxic cerebral palsy accounts for five to ten percent of all cases of cerebral palsy. In this form of cerebral palsy, there is damage to a part of the brain called the cerebellum that helps maintain balance and coordination. When the cerebellum is damaged, it can result in poor muscle tone or hypotonia, difficulty maintaining balance and a normal gait, tremors, disorders of depth perception and an inability to control the range and motion of voluntary movements. As a result, children with ataxic cerebral palsy often demonstrate a wide-based, unsteady gait. They may also have intention tremors that are tremors that occur while attempting voluntary movements. Voluntary movements are typically clumsy and difficult to perform; finer movements, such as writing, are most severely affected. Coarser movements such as reaching for objects may also be difficult due to altered depth perception. Rapid, involuntary side-to-side movements of the eyeballs, or nystagmus, may also be present. Children with ataxic cerebral palsy may also suffer from several other conditions, such as seizures, mental retardation, and visual and hearing defects.

cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebral palsy lawyer

Ataxic cerebral palsy accounts for five to ten percent of all cases of cerebral palsy. In this form of cerebral palsy, there is damage to a part of the brain called the cerebellum that helps maintain balance and coordination. When the cerebellum is damaged, it can result in poor muscle tone or hypotonia, difficulty maintaining balance and a normal gait, tremors, disorders of depth perception and an inability to control the range and motion of voluntary movements. As a result, children with ataxic cerebral palsy often demonstrate a wide-based, unsteady gait. They may also have intention tremors that are tremors that occur while attempting voluntary movements. Voluntary movements are typically clumsy and difficult to perform; finer movements, such as writing, are most severely affected. Coarser movements such as reaching for objects may also be difficult due to altered depth perception. Rapid, involuntary side-to-side movements of the eyeballs, or nystagmus, may also be present. Children with ataxic cerebral palsy may also suffer from several other conditions, such as seizures, mental retardation, and visual and hearing defects.

Poor muscle tone, abnormal posture or movements and a delay in achieving the normal developmental milestones of infancy may raise the suspicion of ataxic cerebral palsy. A physician makes a diagnosis of cerebral palsy by combining a careful physical examination of the patient with findings from imaging methods, such as CT scans and MRIs. These findings are collectively used to determine whether the brain is developing normally or not.

Unfortunately, there is no cure for ataxic cerebral palsy. The disease can however be treated. There are people who think that ataxic cerebral palsy was caused because of a doctor’s error. In this case, it is definitely advisable to seek the counsel of an expert cerebral palsy lawyer. The lawyer must perform an investigation to gather all the information surrounding the ataxic cerebral palsy incident to first see if a strong case exists.

Ataxic cerebral palsy tends to become progressively worse as the patient ages. An experimental treatment called chronic cerebella stimulation places electrodes on the surface of the cerebellum. It is thought that stimulation of cerebella nerves through these electrodes may improve balance and muscle tone. However, results have been mixed so far. Again, if you are confused or have questions about causes and treatments of this disease, seek legal advice.

 

Deducting Alimony Payments

Over 50% of marriages end in divorce in the United States. Many divorce decrees include provisions for the payment of alimony. The IRS takes the position that such payments constitute a form of income and create an alimony tax deduction for the person making payments.

alimony, divorce, tax deduction, deduction, deductions, taxes, tax, irs

Over 50% of marriages end in divorce in the United States. Many divorce decrees include provisions for the payment of alimony. The IRS takes the position that such payments constitute a form of income and create an alimony tax deduction for the person making payments.

According to the IRS, alimony payments are taxable to the recipient in the year received. In turn, the person paying the alimony can claim a deduction for the payments if the following tests are met:

1. You and your spouse or former spouse do not file a joint return with each other,

2. You pay in cash (including checks or money orders),

3. The divorce or separation instrument does not say that the payment is not alimony,

4. If legally separated under a decree of divorce or separate maintenance, you and your former spouse are not members of the same household when you make the payment,

5. You have no liability to make any payment (in cash or property) after the death of your spouse or former spouse; and

6. Your payment is not treated as child support.

If you are receiving or paying alimony, you must use Form 1040 for your personal taxes. Regardless of income levels, deductions or miscellaneous tax issues, you cannot use Form 104A or Form 1040EZ.

In preparing your tax return, the person receiving alimony will report the information on line 11 of Form 1040. That person must also provide their social security number to their former spouse or face a fine of $50. The person paying the alimony can claim the deduction on line 34a of Form 1040.

 

Divorce and Alimony Formula

How do you determine what amount of alimony is paid in divorce? There really is no set formula.

divorce, alimony, divorce alimony, spousal support

In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formula in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimony will be paid in your case.

What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.

In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.

Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.

A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divorce or who does not have any separate property.

The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.

One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.

One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.

It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They cannot simply set up an alimony formula that would work for all parties.




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