mayfield-law-firm

EMANCIPATION OF A MINOR FOR COLLEGE FINANCIAL AID

cinchweb@gmail.com (Tory Lora) — Tue, 03 May 2022 17:36:09 GMT

Yes, a minor can be granted emancipation status by a court, and in some cases use that status to qualify for financial aid. However, that’s a very basic answer, and the reality is a bit more complicated. For one thing, the court usually defines a minor as someone under the age of eighteen (21 in Mississippi). In the case of students, the court is not what determines whether or not someone can legally qualify for financial aid on her own without the inclusion of her parents’ income. The U.S. Department of Education determines that, and they have special criteria that a student must meet in order to be considered independent.

Emancipation by the court is different from being considered independent by the U.S. Department of Education. The court’s emancipation process aids youths from fourteen to twenty (17 in most states) to become legally separated from their parents. This action makes the individual responsible for himself. It absolves the parents of any legal or financial responsibility for the child, and it allows the child to do things like live on his own or work and sign legally binding contracts without his parents’ consent. Becoming a legally emancipated minor can help you if you are under eighteen and want to sign documents related to attending or selecting a college and your parents prohibit it. In this case, your status of emancipated minor would allow you to apply for financial aid.

By contrast, a student that the U.S. Department of Education considers independent could be of any age, and they may not even consider a legally emancipated minor an independent student. A lot of students look for ways to become considered independent by the Department of Education because that allows their financial aid package to be based on their own income, which is usually quite low, rather than their parents’ income, which is in many cases much higher. By using the parental income rather than the student income, the Department of Education ends up giving out more loans, which the student needs to repay later, rather than grants, which do not need repaying.

The Department of Education has several criteria by which they evaluate whether a student may qualify to be considered independent. The age that a student automatically becomes independent in the eyes of the Department of Education is twenty-four. To the chagrin of most students who enter a four-year program at age eighteen, that means their financial aid eligibility will be determined by their parents’ income for the entire time they’re in college.

There are, however, several other ways you can get the Department of Education to declare you independent and base your financial aid on your own income. If you are in the military or supporting a child or other dependents, they will consider you as an independent student. Additionally, if you are enrolled in a Master’s program, you will also be considered independent. It is possible to find 5-year programs that combine both Master’s and Bachelor’s degrees that would qualify; however, many schools as well as the Department of Education do not offer much in the way of grants to Master’s students. If you think you may qualify for independent financial aid status but are not sure how to obtain it, consider talking with an attorney or someone at your college’s financial aid office for more information.

CAN A PERSON WHO HAS NEVER WORKED DRAW SOCIAL SECURITY DISABILITY?

cinchweb@gmail.com (Tory Lora) — Sun, 03 Oct 2021 18:03:02 GMT

Yes, That is an interesting question. While a person can receive money if he or she is disabled and not able to work, the technical answer to the question is both “yes and no.” The reason for this is that the Social Security Administration actually has two different benefit programs for disabled individuals and each program has different requirements for obtaining benefits.

It is possible for someone who has never worked to obtain disability benefits under a program called SSI or “Supplemental Security Income.” The SSI program covers adults who have never worked as well as minor children. However, if someone has never worked, it is not possible for someone to collect benefits under the other program, called the Social Security Disability program (also called SSDI, short for Social Security Disability Insurance, and also sometimes called Title II benefits).

The money for both the Social Security Disability program and the SSI program comes from the Social Security taxes each person pays as part of his or her payroll taxes. All Social Security money comes from taxes each working individual pays into the Social Security program along with some tax money also paid by employers. This shows up on your paycheck or W-2 form as Social Security taxes, also sometimes called FICA taxes, which the government takes out out each pay period. If you retire or become disabled, you are eligible to collect a certain amount of disability money. If you are collecting SSDI benefits, that amount is based on how much you have paid into Social Security through your taxes. If you have not paid much money into the system because you have not worked much or have worked sporadically, you will likely not be eligible for Social Security Disability benefits, or your benefit money will be a very small amount.

Fortunately, people who become disabled but have never worked are covered under the SSI program if they do not qualify for Social Security Disability. The SSI program provides benefits to people who are not eligible for Social Security Disability or who receive a very low SSDI benefit amount. If you are eligible for only a small amount of money under the SSDI benefit program, you may actually be eligible to receive compensation through both programs.

To qualify for either program, a person must prove to the Social Security Administration or SSA that his or her disability meets its criteria for payment of benefits. The SSA generally requires that to be eligible for benefits someone must have a medical condition that is considered serious and is expected to last, or has already lasted, at least a year. Additionally, the medical condition must prevent the person from working in gainful employment. Although the SSA does grant benefits to many new people who apply each year, navigating the paperwork and proving disability can sometimes be confusing and difficult. Working with a Social Security attorney or someone who can advocate on your behalf can make the process easier and less intimidating.

WHO'S FAULT IS THE AUTO ACCIDENT IF ONE PERSON IS UNINSURED?

cinchweb@gmail.com (Tory Lora) — Mon, 03 May 2021 17:35:12 GMT

Every state requires motorists to have insurance. The type of policy and amount required may vary, but some type of insurance is mandatory. In some states, driving without insurance is a criminal offense. Despite these laws, whether or not a driver has car insurance has no bearing whatsoever on who is at fault for an accident.

Fault determined according to negligence law.

Someone is always at fault whenever there is a car accident. Which driver is at fault is determined according to negligence law, and fault may be apportioned between drivers on a percentage basis. Again, when determining who is at fault for the accident, whether or not a driver had car insurance is not an issue.

All drivers have a duty to obey all traffic rules and drive without distraction and with care. If an accident is caused because a driver breached that duty, for example, by running a red light, speeding or driving while texting, that driver has breached his or her duty and is at fault for the accident. Whether or not the driver had insurance is not a factor.

Defending allegations of fault.

Uninsured drivers who are accused of being at fault, but believe that is not true, will be hard-pressed to prove it. They most likely did not have insurance because it was too expensive. Then they are faced with defending themselves from a claim that they are at fault for the accident, but have no resources for legal assistance. The cost of defending on this issue alone may be prohibitive.

Damages imposed upon at-fault driver.

According to the Insurance Information Institute, one in seven drivers determined to be at-fault are uninsured. If the uninsured driver is at fault, the cost of paying for damages can be astronomical. Not only is the driver liable for paying for damages to all the vehicles involved, if people were injured in the accident, the at-fault driver is responsible for all the medical bills, lost wages and pain and suffering.

If the injured person has suffered permanent injury and will have future lost wages and medical expenses, or need round-the-clock medical care, the damages may be astronomical. The uninsured driver may or may not be able to discharge these debts in bankruptcy.

An uninsured driver may not be at fault and may also have suffered serious injuries. In some states, there is a limit on the damages the uninsured driver can collect. For example, some states won’t allow the uninsured driver to collect damages for pain and suffering.

Other consequences for driving without insurance.

Whether at fault or not, the uninsured driver will face other consequences, which vary by state. In almost all states, the driver’s car will be impounded and cannot be redeemed until insurance is obtained. A daily fee will be charged for keeping the car in the impound lot.

Most states will suspend the driver’s license until insurance coverage is obtained. In some states, driving without insurance is a misdemeanor. A violator may have to pay a fine or even spend some time in jail.

ARE TAXES OWED TO THE IRS DISCHARGEABLE IN BANKRUPTCY?

cinchweb@gmail.com (Tory Lora) — Mon, 01 Mar 2021 17:35:05 GMT

The A debtor can file bankruptcy and have taxes owed to the IRS discharged. However, the laws on discharging taxes through bankruptcy specify that you must file Chapter 7 bankruptcy, not Chapter 13, in order for the tax debt to qualify for a discharge. The law also has several specific time requirements for a tax debt to be considered dischargeable in bankruptcy. It also makes clear that you can’t discharge taxes on a fraudulent return or if you are guilty of tax evasion. Payroll taxes also do not qualify for a discharge, although most individuals who do not own businesses that employ others will likely not owe payroll taxes.

Chapter 13 bankruptcy differs from Chapter 7 because under Chapter 13 you set up repayment plans and schedules with your creditors. It’s useful for people who can’t keep up with their monthly payments and want to restructure payments with their creditors to catch up and keep their credit reports in good standing. Chapter 7 allows you to completely wipe out debt without repaying it, although the law does prohibit certain types of debts from being discharged, such as a secured loan on a car that you plan to keep. If you want to keep the car, you can’t discharge the loan. So if you’re filing Chapter 13 bankruptcy, you’ll set up a repayment plan for your tax debt rather than having it discharged. If you want to attempt to discharge the debt completely, you’ll want to file Chapter 7.

While you can discharge some tax debt in Chapter 7 bankruptcy, your debt must meet certain requirements. The tax return you want to discharge must have a due date of at least 3 years before the bankruptcy. Additionally, it must have been filed at least 2 years prior. So it’s possible to have a tax debt discharged that was due 3 years ago even if you filed the return a year later. Another important rule that further defines the eligibility of a tax debt for bankruptcy discharge is that the IRS must have assessed the amount owed within the last 240 days. This means that within the last 240 days, or 9 months, the IRS must have calculated what you owe and informed you of the amount.

You also can’t attempt anything illegal by filing to have your tax debts discharged. If the return you filed contained fraudulent information, the government will not allow you to discharge that tax debt. You also can’t be committing tax evasion on the taxes you want to discharge.

If you want to get taxes you owe to the IRS discharged in Chapter 7, remember that timing is key. Don’t try to file too early. Count back to when the return was actually due, and keep in mind that returns are always due in April. So if you’re attempting to discharge a tax debt from 2009, you’ll have to wait until the middle of April 2013 before filing. Make sure that you know the exact dates because filing even one day too early can make your debt non-dischargeable under the law.