Many fathers are concerned about their rights to being assessed fair child maintenance payments based on what they can afford. While the federal government mandates that each state uphold a schedule; they do not require it to be consistent from state to state. In Texas, child maintenance payments are calculated by the following formula. First, [...]
Posts Tagged ‘Texas’
Child Support Laws In Texas And Calculating Child Support Payments
On Prayer, White House Appeals To a Higher Authority
Asked, by us, last week : Will the Justice Department appeal a Wisconsin judge’s recent ruling that National Prayer Day is unconstitutional? Answered, by the Justice Department, Thursday: Yes. The Obama administration plans to appeal the ruling, made last Thursday by Wisconsin federal judge Barbara Crabb, declaring unconstitutional the annual National Day of Prayer. Click here for the WSJ story. In her ruling (click here for the opinion), Judge Crabb said Congress’s prayer declaration “goes beyond mere ‘acknowledgment’ of religion because its sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context.” On Thursday, the Justice Department’s didn’t explain any specific reason for the appeal by President Obama, who is named as defendant in the 2008 lawsuit filed by the Freedom From Religion Foundation. The group, which represents agnostics, atheists and others in favor of the separation of church and state, argues that the National Day of Prayer violates the First Amendment’s clause barring the establishment of a religion. The White House has argued that the proclamation simply recognizes the traditional role of religion in the U.S. The White House said the president still intends to issue the annual proclamation on May 6 as current law requires. Rep. Lamar Smith of Texas, the top Republican on the House Judiciary Committee, applauded the Justice Department filing, saying “setting aside a day to honor a religious practice of many Americans throughout history is in no way unconstitutional. Every American is free to either enjoy it or ignore it.” The day is a congressional creation that dates to 1952. Annie Laurie Gaylor, co-president of Freedom From Religion, expressed disappointment at the White House’s appeal. “We have a constitutional scholar in the White House who is disregarding the secular underpinnings of our government,” she said. In our post from last week on the topic, many readers were torn , and expressed themselves rather nicely in many instances. Wrote reader Shari Greer, in favor of the day: This ‘National Day of Prayer’ discussion is suggesting the rights of those who do not believe in a higher power are being somehow subjected to forced prayer. All it does is acknowledge the right to prayer, and a day to celebrate that. Another reader, Logan, felt differently: Waste of tax payer money. If you want to pray on the first Thursday of May, you have the freedom to. In fact, go crazy and try praying once a week. Anyone else care to join the fray?
San Francisco Drug Lab Scandal: Symptom of a Wider Problem?
In what has become a national scandal , and a major embarrassment to a police department already receiving its fair share of criticism, it was revealed last month that an employee at the San Francisco Police Department’s drug lab stole cocaine (which was to be used as evidence in a drug case) from the lab for her own personal use. This led to an investigation, which turned up evidence of widespread evidence tampering. As a result, the San Francisco District Attorney’s office has indicated that it may have to throw out hundreds of drug-related criminal cases. The drug lab has since been closed indefinitely, pending an investigation . Preliminary results of the investigation show that the problems with this particular lab may go back years , and include sloppy evidence handling, along with possible thefts of drugs which were seized as evidence. Obviously, this situation is unacceptable. But is it unique to San Francisco? According to at least one organization, the Crime Lab Project , similar problems exist all over the country. The organization, wisely, I believe, seeks to dispel popular myths about forensic science in the U.S. – propagated by crime films, and TV shows like CSI. Most crime labs in the U.S. are not the sparkling facilities bristling with the latest in high-tech gadgetry that we see on TV. Instead, police crime labs are often located in aging facilities, are under-funded and understaffed. The employees they do have are often not paid very well, while being burdened with massive backlogs of cases. Of course, we should all be grateful for the work that these professionals do, especially given the difficult circumstances under which they often operate. Recent advances in forensic science have done wonders for the criminal justice system, exonerating innocent people after years behind bars (and some on death row), and bringing to justice criminals who otherwise might never have been caught. San Francisco’s recent problem serves as a good example of this, with hundreds of cases getting thrown out. And not all of these cases involved simple possession or the sale of a little bit of marijuana. Some of the evidence which had to be thrown out was being used to build cases against members of very dangerous gangs. If a person wrongfully accused of a crime ends up getting the case against him or her dismissed due to a crime lab error, he or she will of course view this as a good thing. They might not have ever been accused in the first place if the crime lab were functioning. Also, more statistical evidence about crime lab errors would make it easier for defense attorneys to undermine every single piece of DNA evidence that comes before a court. Of course, if a certain type of evidence (or, more accurately, the methods used to collect and analyze it) proves to suffer from a significant error rate, defense attorneys have every right to point that fact out, to call into question the credibility of the prosecution’s case. However, this would almost certainly lead to some guilty people going free. The obvious solution, it seems, would be to ensure that crime labs are properly funded, staffed, and equipped, thereby reducing their error rates, which would make such arguments far less persuasive. But until and unless this happens, there will be a debate, which has gone on for years (as this article from 2004 illustrates), as to the extent that crime labs should produce and publish error rates. On one hand, doing so will almost certainly give defense attorneys more leverage to undermine a great deal of prosecution evidence, at least in the short run. On the other hand, is this such a bad thing? Sure, some guilty people might go free as a result. But it will likely save a large number of innocent people, as well. Perhaps making this information public would create the political will to actually fix this problem. Related posts: Drug Abuse: Just What The Economy Ordered? LegalMatch Data Shows Meth California’s Most Abused Drug San Francisco Zoo Faces Vicious Legal Battle Most Cited Breathalyzer Results for Drunk Driving Arrests in Past Year What Happens in New York, Stays In Texas?
Family Law Lawyer San Antonio Texas
“I hate you so much. I can’t believe I kissed you. I can’t believe I married you. How could I have been so stupid?” So says the wife in the case before us. “Well I hate you also, and you know what,” the man responds, “I’m getting myself a great family law lawyer right here [...]
Texas Family Law
I’ve heard some real horror stories about Houston’s infamous family law court so I am not surprised that a state appeals court Thursday said authorities had no right to seize more than 440 children in a raid on the splinter group’s compound last month. Unfortunately Texas family law courts seem to think they own the [...]



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