Posts Tagged ‘bailey galyen’

Modification and Enforcement of a Divorce Decree

Thursday, September 19th, 2013

Post-Judgment Modification and Enforcement

It’s not unusual, in the immediate aftermath of a divorce, of anywhere along the line, to discover that the terms you agreed to are no longer meeting your needs, or the needs of your minor children. You may have a new job, with new hours and new responsibilities, making it difficult to abide by the existing custody or visitation schedule. Health problems can have an impact on whether you can meet your obligations regarding care or nurture. Your children may develop special needs, related to health, education, or extra-curricular activities. Or you may encounter challenges getting your ex-spouse to comply with the court order.

Post-Decree Modifications

The terms of your divorce do not have to be set in stone. In most instances, you are best-suited to try to work out any changes in custody, visitation or support. You don’t need a court order to change the time you drop off your child, or to swap weekends. In fact, if you can work out new agreements without taking matters to court, it will be better for your children in the long run.

However, if your ex-spouse is unwilling to work with you, or demands his or her way all the time, you may have no recourse but to ask the court to enter an order changing custody, visitation or support. To do so, you must submit a written request to the court, with notice to your ex-spouse. The court will always give priority to what is in the best interests of your children. The court may issue temporary modification orders pending a hearing, if it determines that the modification is in the best interests of the child. At the hearing, both sides will be able to provide evidence regarding the best interests of the child.

There are situations where the court will entertain other evidence:

  • If the minor child is at least 12 years of age, the court will consider his or her wishes when making the determination
  • If the custodial parent relinquishes possession and care of the child for more than six months, or if there has been a material or substantial change in the circumstances of either parent or the child, the court can take that into account

Enforcement and Contempt Proceedings

If your ex refuses to comply with your divorce judgment, you can ask the court to enforce the order and to have your ex held in contempt of court, which could result in loss of driving privileges, professional licenses or other sanctions.

Contact Us

At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas family law attorney, contact us by e-mail or call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.

Over The Counter Remedies

Saturday, November 10th, 2012

By Robert A. Schwartz

Managing Attorney, Pharmaceutical Litigation

Robert A. Schwartz - Managing Attorney, Pharmaceutical Litigation

Over-the-counter (OTC) or nonprescription drugs are those that are deemed to be “safe and effective” for use without treatment or prescription by a doctor. There are over 300,000 OTC drugs. Since it is not required that the Food and Drug Administration (FDA) approve over-the-counter drugs, the manufacturer only has to make sure the drug’s labeling is consistent with the established, standardized format for the OTC drug labeling. The FDA does monitor the labeling for compliance. So, without a mandatory, pre-approval process to determine if the product is, in fact, safe and effective, the FDA can only monitor reports of adverse events related to OTCs.

On September 13, 2012, the FDA alerted the public about reports it had received regarding serious burns caused by topical (applied to the skin’s surface) muscle and joint pain relievers. In this particular instance, the FDA records showed 43 reports of such cases. Typically, these items take the form of creams, lotions, ointments and patches, and are marketed under brand names such as Bengay, Flexall, Icy Hot and Mentholatum. The majority of second- and third-degree burns occurred with the use of products containing menthol as the single active ingredient and products containing both menthol and methyl salicylate, in concentrations greater than 3 percent menthol and 10 percent methyl salicylate.

Skin reactions such as those that made the basis of the FDA’s September 13, 2012, action can be so serious that they require hospitalization. The two main injuries are Stevens-Johnson Syndrome (SJS) and Topical Epidermal Necrolysis (TEN), and they are no different from and require the same medical treatment as any other second- and third-degree burns. The injuries and treatments are extremely painful, and usually the injury will result in scarring on the affected areas.

If you have been diagnosed with a Stevens-Johnson Syndrome or Topical Epidermal Necrolysis injury from over-the-counter drugs such as Bengay, Flexall, Icy Hot or Mentholatum, you may be entitled to compensation. Call Bailey & Galyento discuss your legal rights and potential claim.

 

 

 

ARCADIA PETROLEUM FUTURES TRADING INVESTIGATION

Friday, May 27th, 2011

Bailey & Galyen is investigating potential claims on behalf of investors in Light Sweet Crude Oil futures or options contracts in early 2008. According to a complaint filed by the Commodity Futures Trading Commission (CFTC), traders at Arcadia Petroleum Ltd., a Swiss commodity-trading firm, manipulated the price of oil at America’s central oil hub Nicholas Wildgoose and James Dyerin Cushing, Oklahoma in January and February 2008. The oil traders, Nicholas Wildgoose and James Dyer, are alleged to have entered into forward contracts to buy 4.6 million barrels of oil for physical delivery in February, an amount that represented 66% of their beginning-of-month estimate of the total physical Cushing market. Between January 3 and January 16, the pair is alleged to have also bought approximately 13,600 February futures contracts (equivalent to 13.6 million barrels of oil) and sold the same number of March futures contracts. They allegedly did so to manipulate the price of derivatives tied to the value of oil prices at that hub. More specifically, it is alleged that by creating the appearance of temporarily tighter conditions in the physical market, the February futures price would rise relative to the March and the traders would profit as they closed out their futures positions between January 16 and January 22

Save Your Home and Avoid Foreclosure Using Bankruptcy

Friday, March 25th, 2011

During this era of record-high home foreclosure and unemployment rates, many Americans are behind on their mortgage payments and are understandably concerned about losing their family home.

 

Many families who are facing foreclosure find that either their mortgage company will not work with them to stop a foreclosure, or wants a very large cash payment in order to modify their mortgages. Unfortunately, the federal government’s loan modification program has been a dismal failure, with few distressed homeowners finding any relief.

Under current bankruptcy laws, however, an individual or family may be able to stop the foreclosure of their home. Many individuals and families are able to save their homes from foreclosure by filing for Chapter 13 bankruptcy, which is debt reorganization under bankruptcy law. In most cases, filing for Chapter 13 stops the foreclosure process, preventing eviction and giving the homeowner time to file a plan to reorganize his or her debts. Without the looming threat of foreclosure and eviction, homeowners can work with their attorneys to create a plan that allows them to affordably reorganize their debts and save their homes.

Chapter 13 allows the homeowner to create a plan to repay the house payments that were missed prior to bankruptcy over three to five years. If the homeowner has fallen behind on property taxes, the property taxes can be paid over time under the Chapter 13 plan as well. Normally the homeowner makes one payment to a court-appointed trustee, who pays pre-filing debts included in the plan from the payment. After filing for Chapter 13, the homeowner then resumes making the regular monthly payment on the home, while the arrears are paid to the mortgage company through the trustee.

Chapter 13 can make it easier for a homeowner to resume making house payments by restructuring other debt as well. Credit cards, medical debt, personal loans and other unsecured debts can be paid through the plan, but may not have to be paid in full, depending on the homeowner’s income and family size. Many chapter 13 filers pay only a small percentage on these debts, with the balances being “discharged” or forgiven by the court when the plan is successfully completed. Some car loans can be restructured to reduce the balance of the loan to the value of the vehicle, and to reduce the interest rate.

For additional information about us and the benefit of retaining our services, please visit the Benefits of Retaining Bailey & Galyen page.

To discuss your bankruptcy matter with a Texas consumer and business bankruptcy lawyer, please call us toll free at 877.345.6767 (DFW area), 866.715.1529 (Houston area) or 866.678.1900 (South Texas).

Bailey & Galyen Attorneys at Law