Law TBC

The Italian Law no.218, dated 31st of May 1995, regulates the field of inheritance law in the framework of international private law. ( Italian Inheritance Law )

The succession regulations are determined according to the national law of the deceased at the moment of his/her death. Furthermore the Italian rules on conflict of laws take into account the possibility that the national law of a deceased foreigner might refer to the law of another country. Such deferment will be effective only if the law of the third State accepts the deferment. Lets take an example: if a British citizen before his/her death left some properties in Italy, the succession will be regulated by the British law. But according to the British conflict law, the law to be applied should be the lex rei sitae (namely the law of the country where the property is located), that is to say the Italian law.

The Italian legislator adopted the principle of unity of inheritance, which differs significantly from the one adopted in common law countries. It is based on the separation between non-property assets and property assets, and provides for that the law of the last domicile or last citizenship of the deceased party has to be applied to non-property assets, while the so called lex rei sitae (as above defined) is applied to property assets. According to this principle, if the hereditary asset comprises properties located in different states, the succession of each single property could be regulated by the law of the country where the property is located.

The testator has the right to submit his succession to the law of the country where he resides. Such choice has to be formally expressed in a Will and shall not be damaging for the rights provided by the Italian law for the legittimari, or forced heirs, (that is to say, the family members who have a statutory right to receive a fixed share of the property of the deceased, even against the will) who are resident in Italy at the moment of death of the deceased. Please also consider that both married partners and separated partners have precisely the same rights, while the divorced partners cannot argue any kind of assets.

It is highly desirable to draft an Italian Will and probate with the assistance of an Italian lawyer in order to limit the consequences of the legal succession. In point of fact, in absence of a Will, the legal succession will be applied, and in such cases the Italian law determines which relatives of the deceased have the right to succeed (primarily the spouse, the legitimate and natural children, and the ascendants). In case of lack of heirs, according to the Italian law, the hereditary assets present in Italy would be assigned to the Italian State.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.

United States is through a lawful marriage to a U.S. citizen. As a result, the Immigration Service saw many sham or business marriages. To protect the agency and the country from fraudulent applications and marriages, Congress passed Immigration Marriage Fraud Amendments of 1986.

Marriage Residence status

Marriage now results in conditional residence status unless it is more than two years old at the time of granting the immigrant status. Two year period is measured from the time residency is granted. Conditional residence status may be terminated if before the second anniversary of the grant of conditional residence, the new york Immigration Service determines:

1) marriage was judicially terminated, such as a divorce
2) marriage was entered into to gain an immigration benefit
3) the couple failed to petition (Form I-751)

The Immigration Service to remove conditions within 90 days prior to second anniversary of conditional residence or the couple failed to attend their interview, unless the noncitizen has filed Form I-751 seeking a waiver of the joint filing requirement. Conditional residence becomes permanent residence after second anniversary of status if it is not terminated for any of the above reasons.

Immigration Marriage Fraud Amendments Act covers spouses

If the new york Immigration Service suspects that an alien has entered into a sham marriage, that alien is subject to removal from the United States. For that to happen, the marriage must be fraudulent at its inception or from the very beginning.

To determine whether the marriage was fraudulent at inception, the Immigration Service looks at several factors. The question that becomes relevant is: did the bride and groom intend to establish a life together? The government looks at the subjective state of mind. However objective factors are also considered. The conduct of parties before and after the marriage is relevant. To prove validity of the marriage, the couple must present evidence which may include, but is not limited to, insurance policies, property, leases, income tax, bank accounts, etc. Additionally, the couple must be consistent in its answers to the immigration officer.

James Tenney is a lawyer based in Atlanta and his general practice areas include asset protection, business planning, estate planning, international taxation and more. James Tenney also offers legal advice that covers a wide spectrum of the legal field. A student of University of Michigan and University of Tennessee, Mr. James Fredrick Tenney received his undergraduate degree in Finance and his law degree from these universities. He also received his Master of Laws in Taxation (LL. M) from Emory University.

With his wide range of experience in the legal field, James Tenney Atlanta Lawyer has helped hundreds of businessmen and professionals in legal areas. He also provides legal business advice and taxation advice to corporations. Corporations involved in tax controversies have also often sought counsel fromJames Tenney. James Tenney has also represented companies in diverse industries involved in legal documents for mergers and acquisitions. His advice in the area of business transactions has helped many clients make long term profitable decisions. With his foresight and vision, James Tenney has helped many business owners create important policies that have been in sync with the modern business practices.

James Tenney is also a member of the American Bar Association, the International Bar Association, the State Bar of Georgia and the Tennessee Bar Association. He is also a Certified Public Accountant licensed in the State of Georgia. James Tenney Attorney Atlanta has also written and published articles in important professional and trade publications. Mr. Tenney is married and he has three children. He has several hobbies and he enjoys motorcycling, golf, hiking and tennis.

Where no benefit accrued to the custodial parent by the noncustodial parent’s action of reducing the received child support, and it could not be concluded that the payor’s actions were the result of apparent or implied authority or that there was a principal and agent relationship between the parties, consequently, the legal concept of ratification was misapplied.

This section guarantees the dependent minor child of divorced parents from loss of support through disinheritance; while a divorced parent is free to disinherit a child of his divorced marriage, he may do so only subject to the limited obligation of support. The paramount concern in child support litigation is the support of the minor children. In a modification proceeding, the fact that at least a part of a trial court’s reasoning consisted of the assumption that the parties knew what they were getting into was not a valid basis for affirming a divorce agreement which provided for no child support.

Accounting

Since it was within the trial court’s discretion, due to fluctuations in husband’s income, to order respondent husband to submit a quarterly accounting of his net income to petitioner wife, the child support order was modified to require an annual accounting.

Arrearages

Where the testimony of the plaintiff and defendant was directly in conflict with respect to the extent with which defendant had met his child support obligation to spend an additional $15 per month per child, the trial court had the responsibility of resolving this conflict and to determine the credibility of witnesses; the finding of the trial court under such conditions should be approved unless it is found to be contrary to the manifest weight of the evidence. Past-due installments of child support are a vested right, and the court has no authority to modify them, either as to amount or time of payment.

Burden of Proof

A trial court may, on application, terminate or make such alterations in the allowance of child support, as shall appear reasonable and proper and the burden of proof is on the person seeking modification to show such material change in circumstances as would warrant modification.

Calculation

Per diem payments made to the husband, an over-the-road truck driver, constituted income for the purpose of calculating child support but could be deducted from income to the extent the husband proved he used those payments for actual travel expenses, but the husband had the burden of proving his actual expenses and of establishing a lawful basis for deducting them. Because the language “$30.00 child support” was susceptible of being understood as ordering respondent to make either a lump sum payment in the amount of $30 or periodic payments in $30 increments, and the record did not justify an interpretation of $30 per week child support, the award calculated on the basis of that interpretation was improper.

So you know how police officers are always loaded down with gear, right? You’ve seen them, hauling around tons of gear, worn around a belt or hooked to a vest. But I’ll bet the police gloves they wear are not something you’ve noticed. After all, gloves are commonplace and not particularly interesting, right?

But if that’s your attitude, you’re missing out on one of the best ways you can take advantage of advances in tactical technology for your own, non- law enforcement needs.

Here’s the thing: police gloves are fairly inexpensive relative to other styles of tactical gloves. But they offer a ton of performance and functionality. And odds are, you want what they offer, you just don’t know it yet.

You like the idea of having puncture-resistant glvoes, right? Of course you do. Well, police gloves are primarily intended to give you the benefit of puncture resistance while allowing you to maintain your manual dexterity.

And if knuckle protection is your thing, you can get that easily and effectively in a pair of inexpensive police gloves. When you hop on the motorcycle, you want your knuckles protected from falls and crashes, and hard knuckle gloves are just what the doctor ordered in that scenario.

Why settle for ordinary gloves when you can get protection too? There’s no reason to simply wear a pair of fashionable leather gloves that don’t protect your hands from anything but a cool breeze. With proper police gloves, you get knuckle protection, pierce protection (from sharp objects), and maybe even some impact resistance too, if you opt for a style with padded palms.

Here’s why police officers rarely take off their gloves. They work in an unpredictable environment where they never know what might happen. They often don’t have time to pull on their gloves (or other tactical gear) when it looks like something dangerous is about to happen. They need to be prepared now, whether they know danger is afoot or not.

So law enforcement personnel can’t take a chance by not wearing their gloves. They have to keep the gloves on all the time. Therefore, the gloves have to be comfortable and fit securely. This means a good, secure strap around the wrist, and a tight fit that doesn’t loosen up as soon as you flex your hand.

So take a moment to think about the features found in most good brands of police gloves. I’ll bet you want those features for your everyday wear gloves, whether you’re in law enforcement or not.