Law offices of Curtis M. Garner and Associates, LLC FindLaw IM Template 2025-08-13T08:14:09Z https://www.cmgalaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1603112/2021/11/cropped-Favicon-min-32x32.png On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[When to settle a workers’ compensation claim]]> https://www.cmgalaw.com/?p=47154 2025-08-13T08:14:09Z 2025-08-13T08:14:09Z Injuring yourself at work can shake up your entire life. Between doctor visits, missed paychecks and insurance paperwork, it’s easy to feel overwhelmed.  Somewhere in the middle of it all, you might be offered a settlement and the pressure to accept can be intense. Especially considering all your needs given the injury.  Knowing when to say yes can make a big difference in your recovery, your finances and your future. This guide can help you understand the right time to settle and what to watch out for along the way.

Wait until your condition is stable

The best time to think about settling is after your doctor says you’ve reached maximum medical improvement. This means your injury has healed as much as it’s going to, and no major changes are expected. By this point, you’ll have a clearer idea of what kind of care or limitations you’ll face going forward. If you settle too early, you could miss out on help you may still need. For example, if you find out later that you need surgery or ongoing therapy and your case is closed, those costs may fall on you. Waiting gives you the full picture before making a final decision.

Know your settlement options

When it comes time to settle, you’ll usually choose between two options. A “stipulation and award” lets you keep receiving medical care paid by workers’ comp while still getting partial benefits. A “compromise and release” gives you a one-time payment in exchange for closing your case completely. Here is why knowing your options matters. If your injury might need future treatment, keeping the case open could save you thousands. On the other hand, if your condition is stable and you want more control over your money and care, the lump sum may be the better path.

Ask yourself the right questions

Before you agree to settle, take a step back and consider:
  • Are you still in treatment or recovering?
  • Do you know the long-term effects of your injury?
  • Are you being pressured to settle quickly?
  • Have you talked to a lawyer or advisor?
If any of these give you pause, you may not be ready. Settling should never be rushed.

Choose with confidence

There is no one-size-fits-all answer and that is okay. What matters most is making sure the timing is right and that you understand your options. Should this be overwhelming, speaking with an experienced attorney might prove helpful.  When you are informed, you are in a stronger position to protect your health, your rights and your future.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[Solving 3 common child support challenges]]> https://www.cmgalaw.com/?p=47146 2025-05-09T14:21:27Z 2025-05-09T14:20:36Z Raising children is tough, and it's even more so when parents are no longer together. Many parents don't expect to face the task of raising their kids separately while still working together with an ex. This often leads to questions and challenges over child support. Fortunately, there are ways to overcome these common hurdles.

Calculating child support 

Parents may clash over how much support one person should pay, but Missouri uses a clear formula to set child support amounts, including:. The court looks at several key factors to determine payments:
  • Both parents' income
  • Number of children
  • Other children either parent supports
Other factors like custody arrangements (how many overnights with each parent), health insurance costs and childcare expenses can also influence decisions. The state provides worksheets and online calculators to help estimate payments. Parents should gather accurate income information and expense records before their court date. This preparation helps ensure fair support amounts that truly reflect the family's situation.

What if payments stop?

Sometimes, a parent struggles to pay child support or refuses. Missouri law provides ways to address this. The state can take action to collect overdue support. Actions include taking money from wages, intercepting tax refunds, or suspending driver's or professional licenses.  If a parent cannot afford payments due to a big, ongoing change, like a permanent job loss, they can ask the court to change the support order through modification.  Always address payment issues through the legal system, not by simply stopping payments or making private changes that aren't court-approved.

Who pays for extras?

Child support orders mainly cover basic needs, including food, housing and clothes. But what about bigger costs? Items like sports fees, school trips, medical bills that insurance doesn't cover, braces or private school tuition can cause disagreements.  Clear communication between parents, often through approved channels like a co-parenting app if direct contact is difficult, is the first step. If you cannot agree, mediation can help you find a solution. Legal action is a last resort; parents usually do not need it if both focus on the child's best interests and plan for these expenses early. While every case and conflict regarding child support is distinct, these common challenges can affect any Missouri parent. Understanding and anticipating them can help you feel more prepared and capable as you navigate tricky situations. ]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[How does Missouri handle child relocation?]]> https://www.cmgalaw.com/?p=47145 2025-02-10T22:07:03Z 2025-02-10T22:07:03Z Moving with your child after a divorce or custody agreement isn’t as simple as packing up and leaving. Missouri has specific laws to ensure both parents remain involved in their child's life. If you’re considering relocating, you must follow legal procedures to avoid disputes or penalties.

Notifying the other parent

Missouri law requires a parent who wants to relocate to provide written notice to the other parent at least 60 days before the move. The notice must include the new address, the reason for the move, and a proposed new custody or visitation schedule. This gives the other parent time to respond or object.

Objecting to the relocation

If the non-moving parent disagrees with the relocation, they can file an objection with the court. The judge will then decide whether the move is in the child’s best interests. Factors considered include the reason for the move, its impact on the child, and whether it will harm the relationship with the other parent.

Court approval and modifications

If the court approves the relocation, it may modify the custody arrangement to ensure both parents can maintain a relationship with the child. This could mean adjusting visitation schedules, ordering virtual visitation, or requiring the moving parent to cover travel costs for visits.

Failing to follow the law

A parent who relocates without proper notice or court approval could face legal consequences, including contempt of court, loss of custody rights, or being ordered to return the child. Following the legal process helps avoid conflicts and ensures decisions are made in the child’s best interest.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[How do rising interest rates lead to more bankruptcy filings?]]> https://www.cmgalaw.com/?p=47144 2024-11-07T19:19:19Z 2024-11-07T19:19:19Z Interest rates have been climbing steadily in recent years, and many people are feeling the pressure. Higher interest rates can affect everything from credit card payments to mortgages. As a result, more individuals and businesses are turning to bankruptcy as a solution to overwhelming debt.

Increased cost of borrowing

When interest rates rise, the cost of borrowing money also goes up. Loans become more expensive, whether it's a mortgage, car loan, or credit card balance. Many people struggle to keep up with their monthly payments when rates increase. This can lead to falling behind on payments and, eventually, filing for bankruptcy to find relief from growing debt.

Impact on adjustable-rate loans

Adjustable-rate loans can be especially harmful during periods of rising interest rates. These loans have interest rates that can change, often increasing when the economy shifts. Homeowners and businesses with adjustable-rate mortgages may find their monthly payments rising unexpectedly. When this happens, the financial strain can become too much, forcing them to consider bankruptcy.

Businesses feeling the strain

Businesses are not immune to the effects of rising interest rates. Companies often take out loans to invest in growth or cover operational expenses. When interest rates increase, these loans become more costly, and profit margins can shrink. Smaller businesses, in particular, struggle with these higher costs. Many ultimately choose bankruptcy as a way to handle the increased financial burden.

Decline in consumer spending

Higher interest rates also impact consumer spending. As borrowing becomes more expensive, people tend to cut back on purchases. This can hurt businesses that rely on consumer spending to stay afloat. With declining revenue, some companies cannot manage their debts and end up filing for bankruptcy. Rising interest rates have created a challenging environment for both individuals and businesses. As debt becomes harder to manage, more people are turning to bankruptcy to find a way out.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[How can prior DWI convictions affect sentencing?]]> https://www.cmgalaw.com/?p=47137 2024-08-12T17:22:59Z 2024-08-13T17:22:40Z Driving while intoxicated (DWI) is a serious offense. Prior convictions have a direct impact on the penalties and severity of your sentence. It is important to understand how these factors can impact your situation.

Prior convictions 

Prior DWI convictions result in increasingly severe sentencing for each subsequent offense. Missouri law classifies repeat offenders as:
  • Prior offender: One prior conviction.
  • Persistent offender: Two prior convictions.
  • Aggravated offender: Three prior convictions.
  • Chronic offender: Four or more prior convictions.
Penalties escalate as you move up these categories, leading to longer jail time, higher fines, and extended license suspension periods.

Felony charges for multiple offenses

Individuals with multiple DWI convictions face higher stakes. A third DWI offense is a Class D felony that carries potential penalties of up to seven years in prison and a fine of up to $10,000. A fourth conviction elevates the charge to a Class C felony, with penalties including up to ten years in prison. Beyond the legal consequences, a felony conviction can have long-lasting effects, including difficulties finding employment and housing.

Impact on probation and parole

Judges are less likely to grant probation or parole to those with prior DWI convictions. Repeat offenders may face mandatory minimum sentences without the possibility of early release. This results in more time spent in jail or prison, as well as stricter conditions once released.

Understanding the consequences

Prior DWI convictions lead to increasingly severe outcomes. Recognizing the risks associated with repeat offenses is important, as the penalties and long-term effects can significantly alter your future.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[Nurses face heightened risks of needlestick injuries]]> https://www.cmgalaw.com/?p=47136 2024-05-16T18:27:03Z 2024-05-16T18:27:03Z Factors contributing to risks Several factors contribute to the heightened risk of needlestick injuries among nurses. Busy work environments, high patient volumes and time pressures can increase the likelihood of accidents occurring. Inadequate training or improper handling of needles and sharps can further elevate the risk. Nursing tasks, such as administering injections, drawing blood and inserting intravenous lines, also exposes nurses to potential needlestick injuries.

Health hazards

Needlestick injuries pose notable health risks to nurses, as they can lead to the transmission of infectious diseases. Bloodborne pathogens such as HIV, hepatitis B and hepatitis C can undergo transmission through contaminated needles. In addition to the physical health implications, needlestick injuries can also affect nurses' mental and emotional well-being. The fear of contracting a serious illness can cause anxiety and emotional distress.

Prevention strategies

Health care facilities must prioritize safety measures to mitigate the risk of needlestick injuries. They also have to provide adequate training to nurses. Utilizing safety-engineered devices, such as retractable needles and sharps disposal containers, can help reduce the likelihood of accidents. Implementing standardized procedures for handling and disposing of needles can, too. The Occupational Safety and Health Administration reports that the use of safer medical devices can prevent between 62% and 88% of sharps injuries. By promoting safety, health care organizations can reduce the incidence of needlestick injuries and safeguard the well-being of their nurses.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[One mistake that can invalidate your prenup in Missouri]]> https://www.cmgalaw.com/?p=47135 2024-09-24T20:55:18Z 2024-02-20T02:21:36Z prenuptial agreement. This legal document outlines the division of assets and responsibilities in case of divorce or death. However, in Missouri, as in many other states, there is a major mistake that could potentially invalidate your prenup.

Failure to disclose assets fully

One of the fundamental requirements of a valid prenuptial agreement in Missouri is the full and honest disclosure of assets by both parties. Failing to disclose all assets accurately can lead to serious consequences, including the nullification of the entire agreement. Any provisions regarding property division, spousal support or other financial matters in the prenup may become unenforceable.

Consequences of nondisclosure

Nondisclosure of assets undermines the integrity of the prenuptial agreement. If one party discovers that the other failed to disclose assets or liabilities fully, they may argue that the agreement occurred under false pretenses. To avoid the potential pitfalls associated with nondisclosure, both parties should provide a comprehensive overview of their financial situation before signing the prenup. This includes disclosing all income, real estate holdings, investments, debts and any other significant financial assets or liabilities. Being transparent helps ensure the validity of the prenuptial agreement and promotes trust and fairness in the relationship.

Two other major mistakes

Two other major errors can derail a prenup. For instance, a prenup must meet certain procedural requirements to be valid in Missouri. This includes both parties signing the agreement voluntarily and having sufficient time to review its terms before the wedding. Also, including provisions that are overly one-sided or that attempt to waive fundamental rights, such as the right to spousal support, may render the agreement unenforceable. While prenuptial agreements can serve as valuable tools for couples in Missouri, they need to navigate the process carefully to ensure the agreement's validity.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[How to prepare for a stepparent adoption]]> https://www.cmgalaw.com/?p=47134 2024-09-24T20:57:12Z 2023-11-26T21:17:16Z stepparent adoption involves several legal and emotional steps. Although adoption laws can vary by jurisdiction, you should understand the general process and legal requirements.

Understand the legal requirements

The U.S. Census identified 2,413,441 stepchildren and 1,402,084 adopted children, in 2021, but going from stepparent to adopted parent requires following local laws. Therefore, research the adoption laws in your jurisdiction to understand the specific requirements and procedures. First, determine whether you need the noncustodial biological parent's consent for the adoption. In many cases, adoption requires the legal termination of the noncustodial parent's rights.

Obtain consent from the noncustodial parent

If you need the noncustodial parent's consent, make efforts to obtain it. This may involve communication and possibly legal proceedings if the parent is uncooperative.

Gather necessary documents and file the petition

Collect all relevant legal documents, including the child's birth certificate, marriage certificate, divorce decrees and any court orders related to custody and visitation. Then, prepare and file the necessary legal documents to initiate the adoption process. This may include a petition for stepparent adoption.

Home study and background checks

During your home study, a social worker will assess the suitability of the home environment for the child. Both the stepparent and the biological parent may need to undergo background checks as part of the adoption process.

Court hearing

You will need to attend court hearings. During these hearings, the judge will review the case and finalize the adoption if everything is in order.

Notify appropriate authorities

After the judge finalizes the adoption, make sure to update official records, including the child's birth certificate and other relevant documents. Once the adoption is complete, celebrate the new family status. Allow time for the family to adjust to the changes and provide emotional support for the child.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[The role of a forensic accountant in divorce proceedings]]> https://www.cmgalaw.com/?p=47133 2024-09-24T20:57:59Z 2023-08-24T19:36:31Z Missouri divorce may prove challenging and complex, involving the separation of assets and financial arrangements. A forensic accountant can play an integral role in helping you navigate the financial aspects of divorce while advocating for your interests each step of the way. While specific strengths may vary from one forensic accountant to the next, you may find that this type of professional helps you do the following.

Uncover hidden assets

Hidden assets refer to property, income or funds that your spouse might try to conceal from you during divorce proceedings. Forensic accountants employ investigative skills to trace financial records, scrutinize transactions and expose any attempts at asset concealment. Some forensic accountants are also certified public accountants, making them uniquely qualified to help you not only uncover hidden assets but also navigate divorce-related tax issues.

Determine the value of assets

Forensic accountants may also help you assess the value of certain assets, such as real estate, investments or business interests, by examining financial statements, market trends and other relevant factors.

Analyze income and expenses

Developing an understanding of the financial circumstances of both spouses is vital for determining support obligations. Forensic accountants often analyze income and expenses, including sources of income, tax returns and financial statements, to figure out how much to ask for in spousal maintenance.

Testify in court

You may need your forensic accountant to present his or her findings in court as a witness. The impartial expertise of these financial professionals adds credibility to the proceedings and aids in achieving a just outcome. By shedding light on the intricate financial aspects of a divorce, forensic accountants help facilitate a smoother and more transparent process for everyone involved.]]> On Behalf of Law Office of Curtis M. Garner & Associates, LLC <![CDATA[4 common factors that make bankruptcy necessary]]> https://www.cmgalaw.com/?p=47132 2024-09-24T20:58:52Z 2023-05-23T13:10:01Z bankruptcy when they can no longer meet their financial obligations. The decision to file for bankruptcy is never easy, but it can provide relief from the stress and burden of mounting debt. While bankruptcy can be a useful tool in the right circumstances, it is essential to understand the common factors that make it necessary. The following four factors are often significant contributors to the need for bankruptcy protection.

1. Job loss or reduced income

Losing a job or facing a significant reduction in income can make it nearly impossible to keep up with financial obligations. When income decreases, even temporarily, individuals may struggle to pay their bills and meet their debt repayment requirements. In such cases, bankruptcy can provide relief by discharging or reorganizing the debt, allowing the debtor to regain control of their financial situation.

2. Medical expenses

Unexpected medical expenses can be a significant financial burden, especially for those without adequate health insurance. High medical bills can quickly add up, leaving individuals unable to pay off their debt. Bankruptcy can help alleviate this burden by discharging medical debt, offering the individual a fresh financial start.

3. Divorce

Divorce can lead to a variety of financial challenges, including the division of assets, child support and alimony payments. In some cases, the financial strain of divorce can make it difficult for both parties to meet their financial obligations. Bankruptcy can help address these issues, allowing the individuals to restructure their finances and move forward with their lives.

4. Overwhelming credit card debt

Credit card debt can quickly spiral out of control, especially when factoring in interest rates and penalties. When individuals find themselves unable to make even the minimum payments on their credit card bills, bankruptcy may be a viable option. Filing for bankruptcy can help discharge or reorganize the debt, providing relief from the constant pressure of mounting credit card balances. While the decision to file for bankruptcy is not a topic taken lightly, it can provide much-needed relief for those facing insurmountable financial challenges. Ultimately, bankruptcy can offer individuals the opportunity to regain control of their finances and work towards a brighter financial future.]]>