> August, 2014 | Daniel F. Gigiano Co., L.P.A.
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Archive for August, 2014

How Does Private Health Insurance Affect Child Support?

How does private health insurance affect child support?  There are a number of factors that are used in calculating child support. One of the factors is private health insurance. The parent who pays for the health insurance for the children gets credit for it in the child support calculation. However, the parent is only entitled to credit for the marginal cost of health insurance. The marginal cost of health insurance is usually the difference between paying for their own insurance premium and the premium for both the parent and the children. The credit is issued by making the other parent contribute to the insurance in the form of an offset in child support equal to that other parent’s share of the total income earned by both parents. (more…)

What Field Sobriety Tests Are Used In OVI Case?

Field sobriety tests in OVI cases can determine innocence, guilt, and even get the case thrown out.  The National Highway Traffic Safety Administration (NHTSA) has a manual that sets forth the three major field sobriety tests and sets forth uniform standards for such testing.  The tests consist of the Horizontal Gaze Nystagmus test, the Walk and Turn test and the One Leg Stand test. The Horizontal Gaze Nystagmus test (HGN) is often called the "pen test" or "eye test."  The HGN is performed with a pen, but can be performed with any “stimulus,” as long as it is held 12-15 inches away from the person’s eyes.  Contacts, glasses and head injuries can affect this test.  The manual sets forth minimum times for each portion of the test, all of which adds up to at least 96 seconds. The Walk and Turn is supposed to be performed on a flat surface.  It consists of a standing heel-to-toe position during the instructions, nine heel-to-toe steps, a turn and nine return heel-to-toe steps.  Existing leg and back injuries can affect one’s ability to perform this test. The One Leg Stand is also supposed to be performed on a flat surface.  It consists of holding one’s foot six inches above the ground while counting for a minimum of thirty seconds.  Existing leg and back injuries can affect one’s ability to perform this test. These are just a few of the requirements outlined in the NHTSA field sobriety testing manual.  An experienced criminal defense lawyer can help determine whether the police have complied with the manual and challenge the testing procedures in court. (more…)