Why Get Medicaid?

As   SABRINA TAVERNISE   writes in the New York Times today, Peace of Mind Is First Benefit for Many Now Getting Medicaid. http://www.nytimes.com/2014/01/21/health/peace-of-mind-is-first-benefit-for-many-now-getting-medicaid.html?hp&_r=0

This excerpt from the article says enough: As health care coverage under the new law sputters to life, it is already having a profound effect on the lives of poor Americans. Enrollment in private insurance plans has been sluggish, but sign-ups for Medicaid, the federal insurance program for the poor, have surged in many states. Here in West Virginia, which has some of the shortest life spans and highest poverty rates in the country, the strength of the demand has surprised officials, with more than 75,000 people enrolling in Medicaid.

Seniors who have no hope of paying the costs of nursing home care rely on Medicaid or gifts from children who cannot afford to fund their parents' care along with their own planning for retirement.

Of course you have heard of the Medicaid Expansion as part of President Obama's Healthcare plan, the Affordable Care Act. You can see many of the arguments for an against it here: http://www.democratichub.com/medicaid.aspx?o=pv&gclid=CJqe4-fkjbwCFTNp7AodMlUAfQ

AARP, the American Association of Retired Persons has a great website that allows you to search for answers on all questions, not just Medicaid. Go to http://www.aarp.org/ for all your AARP answers.

Applying for Medicaid is different in each state; in Florida, go to the Agency for Healthcare Administration's website at http://www.fdhc.state.fl.us/
or just go here: http://www.goalbuilder.com/search/medicaid.html

If you are like most, the various websites and confusing applications can cause all the stress that is supposed to be relieved as noted in the NYT article. http://www.nytimes.com/

Save your stress, when you have questions, call 407-645-3297 or visit our website at www.aubreylaw.com
Thanks for stopping by to read, feel free to send me a comment or question.

How Busy is Your Attorney?

An attorney recently asked her colleagues for advice. She said:
Case load

 

What is the maximum amount of family law cases, a family law attorney should have to properly and adequately represent the client's interest?

I presently have an 92 family law case load. The vast majority of my family law cases are highly litigious, some with extremely difficult opposing counsels. In addition I have 19 criminal files increasing my case load to 111. I feel this is too much, but my employer does not see it that way and continue to assign me anywhere from 1 to 5 new files a day.

I only have 1 paralegal who does her best to keep up, but is drowning. Her duties include, scheduling, communication with the clients, gather and prepare discovery requests/demands, filing, scanning, prepare miscellaneous motions and send out client invoices. We work well as a team but it is increasingly hard to keep up. I wish to provide my employers with suggestions on how to improve so that the we do not feel so overworked. I have to address them like I am addressing a case, with strong arguments and facts on hand. Thus why I reached out to my colleagues here. Any suggestions are appreciated.

Sincerely,
Overworked Attorney

 

I don't know how many cases I am currently handling, but I know I am not working as hard as this attorney. I suspect I also have a much better quality of life than this attorney. I too have one paralegal, but I also have a receptionist and a file clerk who do a Lot of work for us.

 

Really, how you handle a case is more important than the number of cases you handle. I try to let clients know up front how their case will proceed and what actions will be taken. When clients begin calling with problems, I set a time to meet personally to address their concerns. Many problems are avoided by ensuring expectations are reasonable before taking a case.

 

Most importantly, I take on cases that have reasonable expectations. If a client comes in seeking my assistance to do something patently abusive or unfair to their spouse, I decline the representation.

Actually, I decline quite a few clients. I want to provide good quality service at a reasonable fee. I cannot meet that goal by taking every case that calls or promising unreasonable results.

Some important Numbers for Taxes 2014

Just got another VERY INFORMATIVE EMail from one of my favorite CPA firms:

Hope your tax bill is HUGE because your Income was HUGE last year! That is my father-in-law's favorite blessing. He was a CPA. He always said he hated paying taxes but it was better than the alternative. Feel free to send me a note, aubreylaw@gmail.com or visit my site at www.aubreylaw.com

The following table provides some important federal tax information for 2014, as compared with 2013. Some of the dollar amounts change due to inflation. Other amounts are changing due to legislation. Social Security/ Medicare 2014 2013 Social Security Tax Wage Base $117,000 $113,700 Medicare Tax Wage Base No limit No limit Employee portion of Social Security 6.2% 6.2% Individual Retirement Accounts 2014 2013 Roth IRA Individual, up to 100% of earned income  $5,500 $  5,500 Traditional IRA Individual, up to 100% of earned Income  $5,500 $  5,500 Roth and traditional IRA additional annual "catch-up" contributions for account owners age 50 and older  $1,000 $  1,000 Qualified Plan Limits 2014 2013 Defined Contribution Plan limit on additions on Sections 415(c)(1)(A) $ 52,000 $ 51,000 Defined Benefit Plan limit on benefits (Section 415(b)(1)(A)) $210,000 $205,000 Maximum compensation used to determine contributions $260,000 $255,000 401(k), SARSEP, 403(b) Deferrals (Section 402(g)), & 457 deferrals (Section 457(b)(2)) $ 17,500 $ 17,500 401(k), 403(b), 457 & SARSEP additional "catch-up" contributions for employees age 50 and older $  5,500 $  5,500 SIMPLE deferrals (Section 408(p)(2)(A))  $12,000 $ 12,000 SIMPLE additional "catch-up" contributions for employees age 50 and older  $2,500 $  2,500 Compensation defining highly compensated employee  (Section 414(q)(1)(B))  $115,000 $115,000 Compensation defining key employee (officer)  $170,000 $165,000 Compensation triggering Simplified Employee Pension contribution requirement (Section 408(k)(2)(c))  $    550 $    550 Driving Deductions 2014 2013 Business mileage, per mile 56 cents 56.5 cents Charitable mileage, per mile 14 cents 14 cents Medical and moving, per mile 23.5 cents 24 cents Business Equipment 2014 2013 Maximum Section 179 deduction $  25,000* $500,000 Phase out for Section 179 $200,000* $2 million Transportation Fringe Benefit Exclusion 2014 2013 Monthly commuter highway vehicle and transit pass  $  130** $   245** Monthly qualified parking  $  250 $   245 Standard Deduction 2014 2013 Married filing jointly  $ 12,400 $ 12,200 Single (and married filing separately)  $  6,200 $  6,100 Heads of Household  $  9,100 $ 8,950 Personal Exemption 2014 2013 Amount $ 3,950 $3,900 Personal Exemption Phaseout 2014 2013 Married filing jointly and surviving spouses Begins at $305,050 Ends at $427,550 Begins at $300,000 Ends at $422,500  Heads of Household Begins at $279,650 Ends at $402,150 Begins at $275,000 Ends at $397,500 Unmarried individuals Begins at $254,200 Ends at $376,700 Begins at $250,000 Ends at $372,500 Married filing separately Begins at $152,525 Ends at $213,775 Begins at $150,000 Ends at $211,250 Domestic Employees 2014 2013 Threshold when a domestic employer must withhold and pay FICA for babysitters, house cleaners, etc. $  1,900 $ 1,800 Kiddie Tax 2014 2013 Net unearned income not subject to the "Kiddie Tax" $  2,000 $  2,000 Estate Tax 2014 2013 Federal estate tax exemption $5.34 million $5.25 million Maximum estate tax rate 40% 40% Annual Gift Exclusion 2014 2013 Amount you can give each recipient $ 14,000 $ 14,000

This came in my email today:

Hello!  My name is Jan Killilea   Please LIKE our Facebook page:   First Wives Advocacy Group   Here is what you can do TODAY:   1. LIKE our Facebook page: First Wives Advocacy Group, which is run by women just like me. We VALUE your privacy just as we value our own. We will NEVER disclose your name without your permission. You don't have to be a first wife, divorced or even a woman to lend your support; you just have to care that WOMEN are treated FAIRLY by our State Legislature.   2. FORWARD this email to your friends and family and ask them to JOIN you in supporting our fight to have women's contributions VALUED.   3. And stay tuned!

From Corporate LIFE to Corporate WIFE   I live in Florida, am 54 years old and went from corporate life to corporate wife 30 years ago. When I met my ex-husband, we both earned about the same salary.  He was an insurance adjuster and I was an account executive in San Francisco, CA.  We fell in love, got married in Reno, Nevada for $25 and moved to Massachusetts to raise a family.  TOGETHER we decided to become a one-career family and that my corporate, paying career would end.   We wanted to raise our children in a traditional marriage just as our parents had done.  This took sacrifice and hard work as a team!  His career started to take off and I gave birth to our first child in 1984, our second in 1986 and our last in 1988.  While he traveled extensively, I stayed home to manage our young and growing family. My ex-husband's growing career led us to nine corporate relocations, with our final move to Florida in 2005.   During our relocation to Florida in 2005 my ex-husband had an extra-marital affair with our real estate agent. After attempting to save my marriage for over a year, I finally filed for divorce. My ex-husband married this woman (who was 12 years younger than me) two weeks after our divorce was final. They divorced 23 months later.  We would have celebrated our 31st wedding anniversary in January, 2014.   I am now 54 years old, struggling to find a job and my ex owes me over $100,000.00. He dissipated marital assets during our divorce and still owes me a net balancing payment from our retirement account which he spent on his new home in San Juan Capistrano, CA.  He recently bought a ski house in Carson City, NV for $140,000.00 CASH. In the meantime, "Florida Alimony Reform" repeatedly slanders me, cyber stalks and bullies me and invades my personal life. THIS MUST STOP.     Thanks to Gov. Rick Scott's May 1, 2013 VETO, Florida's alimony and child custody laws remain intact. But this won't stop men like my ex-husband and the men and new girlfriends and new wives behind "Florida Alimony Reform" from trying to influence legislators to support punitive, one-sided legislation. Although I TESTIFIED before the Florida Legislature in February 2013, it wasn't enough. WE NEED YOU!     We will FIGHT for women (97% of ALL alimony recipients are women) and for families to retain the right to have a stay-at-home parent. We will FIGHT the 50-50 child custody presumption. And we will FIGHT the end of alimony at payor's retirement. WHY? Because WOMEN deserve RESPECT and our contributions to families and society must be VALUED.     Will you please STAND WITH JAN for justice and enforcement for ALL WOMEN?

Boys will be Boys is Demeaning to Men

http://www.buzzfeed.com/inesalmeida/top-21-viral-memes-about-boys-a-must-read-for-any-hixz

When we teach our children outdated gender roles of Masculine and Feminine stereotypes in the home and at work, we are teaching them that people are Different. But what are we really teaching them?

When we say, "Boys will be boys" are we excusing inappropriate behavior and setting up problems in adulthood?

Numerous stories could be written about the entitled masses taking advantage of those less fortunate.
I'd like to take this time to use a different tactic. Boys don't have to be boys and many can choose to be men of honor.

Thankfully, I have a friend in Dave Harding. He is the captain of the Duke Football team and one of the Good Works Nominees honored at the Sugar Bowl last night. http://www.goduke.com/ViewArticle.dbml?ATCLID=209356771

Another nominee is Tusculum College quarterback, Bo Cordell. http://www.tusculumpioneers.com/article.asp?articleID=4390

Both of these student athletes exemplify Boys being Men, taking responsibility for the world around them and working harder than they must to promote those less fortunate.

When you need help this year, call me. 407-645-3297 or visit my website at www.aubreylaw.com

Multiple Wives, Multiple Husbands, Not at the Same Time

The title needs work, but in essence, Should Polygamy be allowed for consenting adults? How should Polygamy be recognized in the Courts? What are the benefits and costs of such relationships?

The New York Times (www.nytimes.com) has a great debate of 6 "experts" comparing their pros and cons in today's online edition. http://www.nytimes.com/roomfordebate/2013/12/17/should-plural-marriage-be-legal
 One or two writers are concerned for the rights of women in these multiple relationship marriages, but all writers assume that the multiples will be women and not men. So very sexist.

A Step in the Wrong Direction

W. Bradford Wilcox, the director of the National Marriage Project at the University of Virginia and a senior fellow at the Institute for Family Studies, is the author of “Gender and Parenthood: Biological and Social Scientific Perspectives.” He is on Twitter.

Polygamy Is Bad for Women

Shoshana Grossbard is a professor of economics emerita at San Diego State University and a visiting professor of economics at the University of Zaragoza. In 2010, she testified as an expert witness at a constitutional reference case in British Columbia aimed at determining the validity of Canada's polygamy law.

Two writers deftly compare the Gay  Marriage debate with Polygamy:

Enough With the Scare Tactics

John Corvino, chairman of the philosophy department at Wayne State University, is the author of "What’s Wrong With Homosexuality?"

 

Legally, No Different From Same-Sex Unions

Ron Den Otter is an associate professor of political science at Cal Poly San Luis Opisbo.

 

While another is ready to open all doors:

We Are a Nation of Boundary Breakers

Melynda Price is an associate professor at the University of Kentucky College of Law and blogs at Thoughts of an Ivory Tower Interloper.

 

Finally a writer pleads for intelligent debate and compassion with regard to laws that define the most basic human relationships.

Understanding Who ‘They’ Are

Ralph Richard Banks, the Jackson Eli Reynolds professor of law at Stanford Law School, is the author of "Is Marriage for White People? How the African American Marriage Decline Affects Everyone."

 

Of course as a Collaborative Divorce Attorney, I am in favor of Adults making their own decisions with regard to both the making of marriage contracts and the breaking up of same. If you find the discussions above interesting, visit my website, www.aubreylaw.com or drop me an email aubreylaw@gmail.com , or call me at 407-645-3297. I look forward to hearing from you!

Why Did the Court Do That?

Sometimes you hear of a court case and immediately say "WHAT???"

Just think of the McDonalds Coffee Case, where the little old lady spilled coffee in the drive thru and sued McDonalds for Millions of Dollars and was eventually awarded 8 Million Dollars. WHAT???

Then there is this case out of New York. 

Read opinion (NY Unified Courts @ www.nycourts.gov)

Brett M.D. v. Elizabeth A.D.
972 N.Y.S.2d 36
(New York Supreme Court, Appellate Division, First Department, October 1, 2013)

             Regardless of the mother's allegations against the father regarding domestic violence and sexual abuse of the child, the Appellate Court found the proper venue was New York, not Florida where the Mother and Child were currently living. WHAT??? These incidents allegedly occurred in New York, the father had agreed to pay the child's travel expenses to New York for the proceedings and any related evaluations, and, whenever feasible, the court would permit mother to appear at proceedings telephonically from Florida, at little expense to her. WHAT??? Ok, the mother had moved to Florida with the child just one month before the father filed a custody case in New York, where the child was born and had lived most of his life. When you have all the facts the court reviewed, and not just the headlines from the paper, the answer may become more reasonable. Or not.

As attorneys, we are sometimes prevented from showing the court ALL THE FACTS. Sometimes "fact" is actually Opinion, and may even be biased. One side's view of facts is always distorted toward their view of the entire case. The other side doesn't want the "fact" interpreted a certain way, and expresses its Opinion of the reason for the "Fact" being presented . . . at Trial, anything can happen.

Oh, back to the McDonalds case. There were many facts that failed to make the news. You can read the Wikipedia account here: http://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

When you have questions, call me 407-645-3297 or visit my website www.aubreylaw.com
I look forward to speaking with you!
 

Why Does Divorce have to be So Complex?

Divorce, according to Wikipedia is the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. http://en.wikipedia.org/wiki/Divorce

Simply put, Divorce ends a marriage. Why is that so Difficult?

Almost every week the New York Times contains an article about divorce, whether involving the children of divorce in a Broadway play, the Collaborative process, a documentary film about divorce in foreign lands, responses to the legislature's plans for "no-fault" divorce, http://www.nytimes.com/2010/06/17/opinion/17coontz.html?pagewanted=all or salacious articles regarding specific persons and their problems with divorce, such as the media mogul Rupert Murdoch: http://www.nytimes.com/2013/06/14/business/media/rupert-murdoch-files-for-divorce-after-14-years-of-marriage.html
At least for Murdoch, the end may be near:
http://www.nytimes.com/2013/11/20/business/media/murdoch-divorce-said-to-be-almost-final.html?_r=0

If you pay attention to the news media, you might think divorce is either all too common or incredibly complex. Specific articles regarding divorce after 50,  http://www.nytimes.com/2013/09/22/fashion/weddings/divorce-after-50-grows-more-common.html

You may observe that the "children of divorce" suffer years of trauma to their psyche. Even the participants in the divorce process may look to coaches or therapy sessions to help their adjustment to single life. http://www.nytimes.com/2012/12/16/fashion/a-program-that-aims-to-lead-to-post-divorce-peace.html

Every major religion has teachings on Divorce, whether it be the requirement of a "get" for Jewish women to be divorced, Islamic requirements for an Imam's approval of the divorce. Even Scientologists have interesting issues:   http://www.nytimes.com/2012/07/08/fashion/for-scientologists-divorce-is-no-simple-matter.html

An article last year detailed the Divorce Hotel where, in a weekend, couples could complete all the paperwork to finalize their divorce. The cost ranged between $3,500 and $10,000 depending on many factors. Unfortunately the Divorce Hotel is in the Netherlands! http://www.nytimes.com/2012/05/27/business/the-divorce-hotel-a-true-weekend-getaway.html

Do you know why many lawyers support Same-sex marriage? Same-Sex DIVORCE!
We see in Mississippi the real national problem related to Same-sex marriage - no not those parochial concerns of religion - How do you get a divorce if you were married in Massachusetts and move to Texas? How do you get a divorce when the State of Texas doesn't even recognize the marriage? http://www.nytimes.com/2013/09/28/us/mississippi-quest-for-a-same-sex-divorce.html

If you have questions regarding Alimony, Child Support, Equitable Distribution, Retirement Plans, Marital Property, call me 407-645-3297 or visit my website: www.aubreylaw.com
I look forward to helping you!

Another good UCF Post on Passing Unequal Shares in a Will

http://ucfgiving.org/?pageID=34&docID=25

When parents plan to divide their estate, problems may be forthcoming. From ancient times until today, unequal distribution causes envy and strife. If you want to save your family some pain, confusion and conflict, if you want to avoid probate altogether, Call me or visit my website. If you have questions, we have answers, www.aubreylaw.com
Thanks!

Social Security and Divorce? You have Questions, We have Answers!

UCF, my Alma Mater, does a Great Job in its Planned Giving Department. I wish I had time to write blog posts like this one: http://ucfgiving.org/?pageID=31&docID=508
You may have to review the article titled "How Divorce Can Affect Your Social Security" but it is well worth the read!
Covered are notes on how to get your Ex-spouse's Social Security to benefit you! We cover this in most divorces, but what you do not know can hurt your long term financial wellbeing.
When you have questions regarding Alimony, Social Security, Equitable Distribution in your complex divorce, call me. Or visit my website www.aubreylaw.com
I look forward to helping you.