Congratulations to Commissioner Robert Stuart

After taking the month of May off from writing my blog, I thought it was important to note the swearing in of Robert Stuart as Commissioner of Orlando.

Robert is a dear friend, a trusted adviser, an excellent city commissioner, and my Sunday School teacher at College Park Baptist Church. Monday's swearing in ceremony at Orlando’s City Hall begins another four years of service for Robert, on top of his last eight years as Commissioner of Orlando's District 3.

Additionally, Robert has served as the executive director of the Christian Service Center for more than 20 years.

 

Adultery, Blasphemy, Christians and Divorce

A, B, C, D, E, F, G . . . elemenope . . . If only Life were as simple!

A client came to my office recently and told me that her "Christian" mother had called her an Adulterer and kicked her out of the house. We filed her divorce several weeks ago and she was living with her mother following domestic violence in her marital home. Unfortunately, her mother feels she should simply endure the violence because "what God hath brought together, let no man put asunder," to quote the traditional wedding vows blessing.

Blasphemy is defined as either an untruth or taking god's name in vane. I consider using "Christian" language in decidedly unchristian manner as a form of Blasphemy. Obviously her mother was referring to Matthew 5:31, 32 (It was said, 'Whoever sends his wife away, let him give her a certificate of divorce'; but I say to you that everyone who divorces his wife, except for the reason of unchastity, makes her commit adultery; and whoever marries a divorced woman commits adultery.)When someone says, "I want a Christian Attorney." I usually reply, "No you do not." or "I don't think you do." If you wanted a Christian Attorney, you would settle with your adversary far from the courthouse as Jesus himself instructed in other verses in Matthew. "If anyone wants to sue you and take your tunic, let him have your cloak as well. Whoever forces you to go one mile, go with him two." You can do your own research at https://www.bible.com/bible/100/mat.5.nasb

Christians sometimes tend to view Jesus' words as being important. They are, but must be placed in context of the Roman Empire and the Province of Judea where Jesus lived and taught. Roman law allowed a man to put away his wife by divorce for any reason. Women had no such right to seek a divorce as they were mere chattel to be bought or sold by their fathers. Men could divorce their wives, but women could not, even for domestic violence, adultery, neglect, abandonment, etc. Since Women were tied to their father, husband, or son, they were destitute without such patriarchal support.

Divorce has been around for more than 3,000 years, but a Woman's Right to sue for divorce is quite new. Today in Florida, the only reason needed for a marriage is "the Marriage is Irretrievably Broken." When a spouse physically abuses and violates his or her "true love" how can the marriage survive?

Every now and then I see a story in the news that makes me want to help. Some friends have put together a seminar on Domestic Violence. Associated Baptist Press reporter Bob Allen writes: American Baptist Women’s Ministries will lead an online “virtual mission encounter” on the topic of domestic violence Sept. 23-27.
“Garlands instead of Ashes: Domestic Violence” is the third of four learning opportunities in 2013 allowing women to meet online and share their passion for mission without the expense of travel and having to take time off work. http://www.abpnews.com/culture/social-issues/item/8786-domestic-violence-focus-of-virtual-tour#.UhYEYTbD-M8
No person should be forced to live with an abuser, and especially not for "Christian reasons."
 
If Domestic Violence is a part of your life and you want it to stop, call me at 407-645-3297. I may be able to help, even if I don't like the phrase "Christian Attorney." You can also visit my website at www.aubreylaw.com for more information and links regarding Divorce, Child Support, Alimony, Equitable Distribution, and many other topics. I am an Attorney, licensed in Florida, practicing in the areas of Collaborative Divorce, Elder Law, Family Law, and Guardianships. I have helped numerous husbands and wives seek a fresh start.

It's Friday but Sunday's Coming

Good Friday - I don't know what is good about it! Jesus Christ, the Savior of the World was Crucified about 2,000 years ago. Witnesses made accounts of His death. Other's made accounts of His life. And some others published accounts of His Resurrection. That is what I believe.

Thankfully, I believe we can have assurance of the Abundant Life. We can also know we are in God's Perfect Will in the Universe.

It has been said that Christmas is the Promise and Easter is the Fulfillment. I like that. We live in a world of brokenness, broken homes, broken lives, broke debtors, soulless banks. The Almighty Creator of the Universe, God cares more for us than our bank account or net worth.

God Loves You. God Wants You to have an Abundant Life. God wants to restore you to full fellowship with the Universe. It's Friday, but Sunday's promise of Easter is Coming.

Amen.

A dear friend Pastor Henry Green, of Heritage Baptist Church in Annapolis, MD, wrote this for Maundy Thursday: http://www.abpnews.com/opinion/commentaries/item/8342-overcoming-darkness

Many of my friends write and work at Traditionally Baptist Institutions. Feel free to visit www.bjcpa.org or www.christianethicstoday.org or www.aubreylaw.com that last one is not really a baptist institution, but I like it!

Or call me: 407-645-3297

Aubrey

The Church of Facebook - Review

Look for my review of The Church of Facebook in the Spring 2011 issue of Christian Ethics Today. You can also subscribe to Christian Ethics Today by going to this website: http://www.christianethicstoday.com/

Recently a client came to my office after having litigated for more than a year trying to secure custody of his children. While he was represented by a well-known attorney in the Orlando area, he was disappointed that his case had not been resolved in such a long time. I had to tell him two things:
1. Selection of an attorney is the most important part of any family law case. There are many attorneys with various personalities and work ethics. Certainly price is one consideration, but it should not be the only consideration.
2. Sometimes status quo is the best you can do; pushing for a final resolution may be detrimental to your case. Unfortunately, giving the other side time to screw up may be the best you can do.

When you go to select an attorney, interview several. If necessary, pay a consultation fee so that you get a clear picture of the attorney's philosophy of practice. Then you can know you are hiring an attorney who will look out for your best interests and take on your priorities.

Happy New Year 2011

Happy New Year!!!

Did you make any New Year's Resolutions?

This is a time when many people set out to change their life; whether that means changing budgetary finance issues, dietary health issues, life philosophies, or problem solving techniques, I wish you the very best.

I recently reviewed The 10 Commandments of Common Sense, by Hal Urban. What a great guide for life transformation! As you know, Common Sense is in many cases quite uncommon!

1. The past three years have given many people new perspectives of financial issues, and consumer spending. People have begun using Layaway plans, and Christmas Club accounts again. As a child, I used a Layaway Plan at Kmart to purchase a Green Machine, the hot toy for kids one year. After only 4 months, I had worked to earn the 31.50 plus tax to get the toy out of the store. I rode my Green Machine for many months, then sold it at a yard sale.

Remember Yard Sales? I have been recommending those to clients quite frequently. How much stuff do we really need. Donations to Good Will, the Salvation Army, and other recyclers is a side benefit of spring cleaning which I want to start sooner rather than later. Donations to charities also help the bottom line at tax time if you keep good records of gifts and values.

Remember Visa? MasterCard? American Express? How much are you using those plastic perils? I have heard from so many people that they no longer carry a credit card other than their banks own debit card for purchases. If they need to borrow to spend, they are rethinking the spending and planning other avenues of support.

2. I signed up to run the New York City Half Marathon. I have run several in the past and need to get back into distance running shape. Eating right and exercise provide benefits for life that far outweigh the temporary happiness found in a bowl of ice cream or extra juicy Pittsburgh Style rib eye. Oops, now my mouth is watering.

3. My life philosophy has always been to follow the teachings of Jesus Christ. Call me a Christian, I am not offended. I am also not pushy. For me, I find the Holy Bible to be full of truth and also suggestive of consequences. As a member of the Board of Directors of Christian Ethics Today, I enjoy finding new ways to serve God.

4. Problems solving techniques are really central to my work as an attorney. My favorite technique is merely Anti-procrastination. If you can do it today, why wait til tomorrow? Another is to learn all you can so you can consider more than one solutions to a problem. Time is a precious gift, and its wise use is central to living a life well.

When you have a legal issue this year, I hope you will call me. I can help find a solution or alternative course of action. When issues arise with aging parents, Elder Law Attorneys have great experience dealing with the common issues, and uncommon advice for the truly bizarre issues. Family Law practice centers on Divorce and making sure the needs of children are met. Please call me when you would like to discuss options for your life.

Merry Christmas!

Merry Christmas! This has been a year of firsts, lasts and never mores!
Firsts included:
A personal best in the House of Hope Run Around the Pines 5K, followed by breakfast at my house served for many friends who also ran the race.
Scalloping around the Crystal River/Homosassa Gulf Coast. After the Deep Horizons explosion caused an Oil Spill (Hopefully Last and Never more) in the Gulf of Mexico, the State of Florida opened the Scalloping season early to ensure the maximum harvest possible prior to any potential oil contamination. My best description of Scalloping is a great underwater Easter egg hunt! Snorkeling in 5 to 25 feet of water watching for scallops may sound boring to many people, but I assure you, the first time you pick one up and find two or five more within arms reach, and the one begins snapping and swimming toward you, YOU WILL BE HOOKED! Unfortunately, when you clean your 5 gallons of scallops and realize only one meal's worth of result, you may be a little disappointed. However, the next time you order scallops in a restaurant, you might find a greater appreciation for their size and plumpness!
Finally, my brother and his wife had their First Child, a son, in October. I fear October may have signaled my parents' Last visit to Florida for a while! A new child brings all the wonder and potential of the world to bear on the family. I pray they will enjoy every possible happiness!
Once again, I look back over the year and see blessings I did not deserve, and trials I thought were undeserved! The richest blessings of all are the many friends I have been fortunate to encounter, some daily, some once in a lifetime. At Christmas I try to reflect on all these gifts and remember to say Thank you.
May God Richly Bless You this Season.
If you have need of an attorney, please do not hesitate to call me. 407-645-3297 or visit my website at www.aubreylaw.com

What Not to Expect from Your Attorney

Guarantee: No Attorney should Ever "Guarantee" a certain result from a court. Many times courts rule on issues in line with past rulings; however, a Guarantee of any certain result is prohibited by the rules of ethical conduct. The Attorney can never forsee every possible occurrance or testimony in a given case. With the facts at hand the attorney may recommend a course of action, but any "Guarantee" of what the court will do, is quite simply bad advice.

Promise: Like a Guarantee, for an attorney to "Promise" a certain result is not allowed. The attorney has no control over the other party, and no control over the court.

Advise that the Client Lie: Attorneys are forbidden to illicit testimony they know to be false. This means, if the attorney asks the client a question under oath, such as at trial or deposition, and the client answers in such a way as the attorney Knows the answer if False, the attorney must correct the situtation. There are ethical rules every attorney MUST follow to ensure the integrity of the court system. The most important is not to allow the client to lie to the court.

Willingness to Lie for the Client: Just as the attorney cannot encourage or permit the client to lie to the court, so the Attorney if Forbidden to Lie for the client. If your attorney is willing to lie for you, how can you trust that your attorney will not lie TO you?

Dishonesty: At the heart of the Attorney-Client privilege is the notion that the attorney cannot adequately represent the client without full knowledge and honesty from the client. The Client therefore Must be able to Trust the Attorney to Fully and Fairly answer questions posed. In order to protect the client to fully reveal information that may help or harm the case, the attorney-client privilege prevents the attorney revealing or using the information to the client's detriment.

Perfection: The PRACTICE of Law is truly an art, not a science. Statutes are continually amended by legislatures, interpreted by courts, and exposed by attorneys. Sometimes what has always occurred doesn't and many times the court has not had a question posed in this way. Attorneys may not have all the information necessary to completely anticipate every possible problem. But we try!

If you can accept attorneys are only human, you may be able to accept their assistance!

Paper My Office

An attorney recently promised to "Paper (my) office with everything we have." Since this was a relatively new attorney, not young in years but in practice, I tried not to take offense at what is normally a derogatory statement. By most attorney's understanding,
"papering an office" implies "we will bury you in paper so you can't possibly respond to it all."

Unfortunately, this attorney did not follow through. Although she has made significant and slanderous allegations against my client, no "paper" has been provided showing even a hint of wrongdoing by my client. Still the bold assertions of opposing counsel are expected to make me disbelieve in my client's cause and undermine my confidence in her case.

Worse than the implications of this attorney toward my own client are her failures to live up to the standard she advertises. "Dove Attorney" and Christian Symbols on a website should warn potential clients this person cannot be trusted. If you have to rely on something beyond your own legal experience to assure a client of your legal abilities, well, nuff said.

Sorry to rant here, but I am offended that someone who advertises under the words "Christian Attorney" could be so deceitful and offensive to a fellow attorney, much less to a fellow human being.

Recommendation from a client

I was proud and thrilled to receive the following:

Recommendation: "I worked with Aubrey this year for the
first time, and found him to be incredibly reliable, timely in his responses,
and able to deal with difficult situations in a compassionate and caring way -
and always with the end result in mind. Working with Aubrey, I realized results
that far exceeded my expectations."
Service Category: Attorney
Year first
hired: 2009
Top Qualities: Great Results, On Time, High Integrity

When Nothing Goes Right

Some days are just like that. You wake up and forget about working out. Then your breakfast turns out to be much more than you planned. You skip any snacks and have a larger lunch. Working into the afternoon, you become tired but again skip the snacks and when you finally get home you are famished. Munching all evening does not satisfy and you go to bed sad, fat and tired.

Or perhaps the day starts out like any other and out of nowhere disaster strikes. You are sent on a whirlwind trip without any semblance of order, planning or escape. Later you may update your status page with "Worst Day EVER!!!" But is it really?

Too many times we go through life forgetting that the valleys make Mountains more majestic. If no for the turns, roads become endless lines to the horizon.

Take time to remember to say thanks, not just for the blessings in life but also for the curses that remind you Life is Worth Living.

Identity theft again - thanks to the Florida AG

Who Investigates Identity Theft?
If you are a victim of identity theft you should contact your local police department or sheriff's office first to file a report. Under Florida's identity theft law, the report may be filed in the location in which the offense occurred, or, the county in which you reside.

It is important to remember to get a copy of the police report. Very often, the bank, credit card company, or others need proof of the crime in order to erase the debts created by the identity thief.

If you can't get a copy of the report, at least get the report number.

Who prosecutes identity theft?
Identity theft prosecutions are handled either by the State Attorney in the local judicial circuit, or the Office of Statewide Prosecution in the Attorney General's Office. The Office of Statewide Prosecution handles the prosecution of multi-circuit organized crime.

What are some tips regarding how to file a police report?
Provide documentation. Furnish as much documentation as you can to prove your case. Debt collection letters, credit reports, your notarized ID Theft Affidavit, and other evidence of fraudulent activity can help the police file a complete report.

Be persistent. Local authorities may tell you that they can't take a report. Stress the importance of a police report; many creditors require one to resolve your dispute. Also remind them that under their voluntary "Police Report Initiative," credit bureaus will automatically block the fraudulent accounts and bad debts from appearing on your credit report, but only if you can give them a copy of the police report.

Be a motivating force. Ask law enforcement to search the FTC's Consumer Sentinel ID Theft database for other complaints in your community. You may not be the first or only victim of this identity thief. If there is a pattern of cases, local authorities may give your case more consideration.

That's why it's also important for you to file a complaint with the FTC. Law enforcement agencies use complaints filed with the FTC to aggregate cases, spot patterns, and track growth in identity theft. This information can then be used to improve investigations and victim assistance. Click here to access the FTC's online complaint form.

Identity Theft - What to Do If Your Identity is Stolen

With thanks to the Attorney General, I posted his suggestions below. Identity theft is a problem for many more people than you may realize. Many times Identity theft occurs between family members because they may have access to mail, personal information, etc. Regardless of the perpetrator, the effect can be devastating to the victim. Many people lose thousands and thousands of dollars every day to identity theft and other scams.

Source: The Florida Attorney General's Office

Identity theft is a serious problem that affects millions each year. When an imposter uses your name, social security number (SSN), credit card number, or any other form of personal information without your knowledge, it’s a crime.

Unfortunately, sometimes victims remain unaware that their identity has been stolen until they receive monthly statements for credit card accounts they never applied for, credit reports including unfamiliar debts or monthly statements that include unauthorized charges.

If someone has stolen your identity, immediately take these three steps:

• First: Contact the fraud departments of each of the three major credit bureaus. Ask them to flag your file with a fraud alert and include a statement that creditors should ask for permission before opening any new accounts under your name. Ask the credit bureaus for copies of your credit reports. Credit bureaus must give you a free copy of your report if it is inaccurate because of fraud. Review your reports carefully to make sure no additional fraudulent accounts have been opened in your name or unauthorized charges made to your existing accounts. In a few months, order new copies of your reports to verify corrections and changes, and to make sure no new fraudulent activity has occurred. For more information on your rights and the Fair Credit Reporting Act, log on to http://www.ftc.gov/opa/2003/05/fcratest.shtm

Company	Report Fraud	Other Credit Report	Web Site
Equifax	(800) 525-6285	(800)685-1111	http://www.equifax.com/
Experian	(888)397-3742	(888)397-3742	http://www.experian.com/
Trans Union	(800)680-7289	(800)916-8800	http://www.tuc.com/

• Second, contact the creditors for any accounts that have been tampered with or opened fraudulently. Speak with someone in the security or fraud department, and follow up in writing. Following up with a letter is one of the procedures spelled out in the Fair Credit Billing Act for resolving errors on credit billing statements, including charges that you have not made. Sample letters are available in the booklet ID Theft: When Bad Things Happen to Your Good Name .
• Third, Fraudulent Use of Personal identification Information is a violation of Florida law pursuant to §817.568, Florida Statutes (1999). File a report with your local police department or the police in the community where the identity theft took place. Keep a copy just in case creditors need proof of the crime.

Take Control
Although identity thieves can destroy your personal finances, there are some things you can do to take control of the situation.

Some ways to handle the most common forms of identity theft are:

A- If an identity thief has stolen your mail for access to new credit cards, bank and credit card statements, pre-approved credit offers and tax information or falsified change-of-address forms, that person has committed a crime. Report it to your local postal inspector. You may contact the United States Postal Inspection Service online at https://postalinspectors.uspis.gov/

B- If an identity thief has changed the billing address on an existing credit card account, close the account immediately. When you open a new account, ask that a password be used before any inquiries or changes can be made on the account. Avoid using easily available information like your mother’s maiden name, birth date, the last four digits of your SSN or phone number, or a series of consecutive numbers. Avoid the same information and numbers when you create a Personal Identification Number (PIN).

C- If an identity thief has accessed your bank accounts, checking account or ATM card, close the accounts immediately. When you open new accounts, insist on password-only access. If your checks have been stolen or misused, stop payment. If your ATM card has been lost, stolen or otherwise compromised, cancel the card and ask for another with a new PIN. For more information, you may also contact the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency online Office of the Comptroller of the Currency.

D- If an identity thief has established new phone or wireless service in your name and is making unauthorized calls that appear to come from—and are billed to—your cellular phone, or is using your calling card and PIN, contact your service provider immediately to cancel the account and calling card. Obtain new accounts and new PINs..

E- If an identity thief is using your social security number (SSN) when applying for a job, get in touch with the Social Security Administration (SSA) to verify the accuracy of your reported earnings and that your name is reported correctly. Call (800) 772-1213 to check your social security statement. To report SSN fraud online, log on to http://www.ssa.gov/oig/ifyou.htm.

F- If, after trying to resolve the problems brought on by identity theft you continue to experience problems, the SSA may issue you a new SSN at your request. However, consider this option very carefully. A new SSN may not resolve your identity theft problems, and may actually create new problems. For example, a new SSN does not ensure a new credit record because credit bureaus may combine the credit records from your old SSN with those from your new SSN. Even when the old credit information is not associated with your new SSN, the absence of any credit history under your new SSN may make it difficult to obtain credit. Lastly, there is no guarantee that a new SSN would not also be misused by an identity thief.

G- If any identity thief is using your name or SSN to obtain a driver’s license, report it to your Department of Motor Vehicles. Also, if your state uses your SSN as your driver’s license number, ask to substitute another number.

Stay Alert
Taking the steps outlined here should, in most cases, resolve your identity theft problems, but identity theft or related credit problems may reoccur. Stay alert to new instances of identity theft. Notify the company, creditor or agency that is involved immediately and always follow up in writing.

Order a copy of your credit report from the three credit bureaus every year to check on their accuracy and whether they include only those debts and loans you’ve incurred. This could be very important if you’re considering a major purchase, such as a house or car. A credit bureau may charge a fee for a copy of your report.

More resources and information, including an identity theft toolkit, are available online at: http://myfloridalegal.com/identitytheft

FEDERAL TRADE COMMISSION (FTC)
If you’ve been a victim of identity theft, file a complaint with FTC by contacting their Identity Theft Hotline toll-free at, 1-877-IDTHEFT (438-4338); or TDD at 202-326-2502; by mail to the Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. You may also file a complaint online at https://www.ftccomplaintassistant.gov/

The FTC publishes free brochures on identity theft and many consumer issues. For a complete list of publications, write for Best Sellers, Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or call toll-free 1-877-FTC-HELP (382-4357), TDD 202-326-2502; or log on to http://www.ftc.gov/bcp/consumer.shtm.

What does the Law Require?

Many questions to attorneys ask, "What is required by Law" in a given situation. To begin to answer this question, contact an attorney, www.aubreylaw.com or www.lawyers.com/duckerlaw or www.FloridaGuardianAttorney.com
Sometimes the Law requires less than our own Morality might believe is due. Other times, the Law may require significantly More than we truly believe is due and oweing.

One example can be found in Credit Card Interest Rates. We borrow money and expect to pay interest until the debt is extinguished. What we do not expect is that our creditor, be it Visa, MasterCard, AmericanExpress or Discover, will work to collect every dollar possible under the contract.



We all know we will owe interest, perhaps even cash advance fees; however, what if the Credit Company lowers our "Available Credit" to a point below our current "Outstanding Credit"? Then Overlimit fees apply. If the Minimum Payment is not made we expect to pay a penalty; however, when the Lowered Available Credit causes an Overbalance condition with additional fees, and the Required Minimum Payment is increased by the Total Amount Over Limit, what was once a $150 or $250 payment is suddenly and UNEXPECTEDLY a Minimum Payment Due of $765 or worse. Additionally, the $39 overlimit fees along with the increased Interest Rate due to being Overlimit (usually a jump in interest of 10% to 25%) make the Credit Card Company a SIGNIFICANT REVENUE SOURCE. Why do you think the credit companies extend credit and solicit new credit even when people are making minimum payments?



All this as an example of What Does the Law Require. A new law gives consumers significantly more protection from the "legal" overreaching by credit companies. You can get more information at the following websites:

http://www.creditcards.com/credit-card-news/obama-signs-credit-card-law-1282.php

http://www.dailyfinance.com/2009/08/20/new-credit-card-laws/

http://www.creditcards.com/credit-card-news/credit-card-act-takes-effect-1282.php



The 8 Major Benefits of the new Law can be found here: http://www.bankrate.com/finance/credit-cards/8-major-benefits-of-new-credit-card-law-1.aspx



The real key is to Know What the Law Requires, and don't allow Fear or Intimidation to force you to do what the Law does not or cannot require.

More on Support - this time for the ladies

Here are 7 things every girl should know before having sex, or the resulting kids.
1. Your First Responsibility is to Your Child. No matter how sweet, supportive, loving, cute, etc. the boy is, he will NEVER carry the child 9 months awaiting its arrival.
2. NO form of birth control is 100% effective. The "Virgin Mary" practiced Abstinance and we see how that turned out. (insert laughter here)
3. You are legally responsible for the child, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
4. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
5. A child ties you to the father for life. Not only the 18 years to raise the child, but weddings, funerals, etc. for life.
6. The Father is responsible for child support once the child is born, not matter what your agreements. He is responsible to assist you with medical care before the child is born as well.
7. The Florida Department of Revenue's Child Support Enforcement Program can help. They can: locate noncustodial parents; determine paternity; obtain orders for support through the court system; enforce, collect and distribute support payments to the custodial parent.

An attorney may also assist in these areas. Call me or visit my website at http://www.aubreylaw.com/ if you have any questions.

Raising a child is difficult under the best circumstances. Do not make it even harder by ignoring real issues or avoiding conflict in an attempt to make someone else happy. Your First Responsibility is to your Child.

Child Support

Here are 7 things your "Son" should know before having sex, or the resulting children.
1. You are legally responsible for the child you father, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
2. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
3. You will have to pay Child Support in the form of money until the child reaches 18. Even if you are out of work, in jail, or can't afford your own rent and living expenses.
4. You must pay Child Support even if the mother recieves welfare and food stamps. EVEN IF SHE MARRIES SOMEONE ELSE, who has a good job, who gets called Daddy . . .
5. You cannot avoid Child Support by leaving the state; and certainly not by marrying someone else. Not even by having more children.
6. If you do not pay child support, your credit may be damaged. Your bank account may be seized. Your paycheck may be garnished. You may not get a tax refund you earned. Worse, YOU may be thrown IN JAIL.
7. Only You control when, where and with whom you have sex. It is beyond your control whether the sex you have results in a child. Never tell children you did not want/plan/love them. Being a father begins with wanting, planning and loving the child.
For more information, visit my website at http://www.aubreylaw.com/ or www.lawyers.com/duckerlaw

Step One - Establish Paternity

Why? Your child DESERVES the support of BOTH parents. It takes two to conceive the child, and psychological studies cited in most states show two parents are better than one.
You may ask, "How can I establish paternity?"
For children born to a married couple, paternity is PRESUMED to be the Husband.
In Unmarried couples, the Father can Voluntarily establish paternity by allowing or acknowledging the child through the Birth Certificate. HOWEVER, just because your name is listed on the Birth Certificate, doesn't make Paternity certain. If both the Unmarried Mother and Unmarried Father sign a Paternity Acknowledgement Form (available at most Hospitals, Birthing Centers, all Public Health Units, all Department of Children and Families offices, and the Office fo Vital Statistics) the matter can be established thereafter.
A simple blood test may lend insight to paternity, but this is NOT conclusive. When more certainty is required, a genetic test can determine to a very high degree of certainty, who is the father, or not. The Florida Department of Revenue can provide testing information, as can this office.
Again, WHY? In the long term, to secure an inheritance. Also, to show the true Father's name on the Birth Certificate, to allow the child to be connected fully to both parents and their families. For Legal Proof of the childs identity, for Support, both Financial and Medical, Paternity is crucial for Social Security, Veterans and Disability Benefits.

Dementia? Alzheimer's Disease? Memory Problems?

Many people ask, "how do I know what is normal aging and what is Alzheimer's Disease (AD) or Dementia?
First, the term Dementia describes a whole group of memory problesm caused by changes in the Human Brain's overall function. Some of the symptoms may be:
1. Asking the same questions repeatedly
2. Getting lost in very familiar surroundings and places
3. Neglecting personal safety and security measures
4. Being disoriented about time, place or people
5. Neglecting personal hygiene and nutrition
6. Being unable to follow simple directions
When these symptoms are noted together, frequently the cause is Dementia.
Dementia itself may be caused by any number of other neurological basis, including Alzheimer's Disease or stroke, but also possibly cause by treatable conditions such as High Fever, Dehydration, reactions to food or medicines, vitamin deficiencies, thyroid problems or a minor head injury.
The real question for caregiver is, "do these symptoms impact daily life?" Many times they indicate a need for an Assisted Living environment or Adult Congregate Living Facility. Other times families may be able to provide all necessary care. In either instance, an attorney can be quite helpful in making arrangements and transitions. Call me if you have further questions. Aubrey Ducker (407) 645-3297

Brighter Days Ahead

Its raining again. When it Rains, it Pours. Sometimes troubles come, sometimes they stick around a while.

Alzheimers can be like that. It shows up, and won't go away. Many times the "episodes" can be overlooked. It doesn't happen very often, its just a nuissance. Forgetful. Oops.

As people age, some of the normal progressions may become exagerated and excuses become more frequent.

Know when to say when. When you need help, ask. Friends, Family, Organizations and others stand by ready to lend a helping hand. Before it pours. Before you lose control.

Call me. 407-645-3297 at the office. 407-718-5678 is my cell. I am here to help.

Speaking engagement on Saturday

My wife will be speaking at the second anniversary of the Professional Men's Christian Fellowship Meeting at Baldwin Park on Saturday, June 13th at 6:30 PM. Having worked with her on the outline for her topic, Spiritual Empowerment During Economic Slowdown or Financial Issues During Recession, I wanted to share some excerpts here.

Personal Skills related to Financial Management

a. Earning potential
i. Education
ii. Training
iii. Ability
iv. Societal Need

b. Personal Management potential
i. Budgeting
ii. Time – everybody gets the same 24 hours per day
iii. Talents – Know which talents serve you best
iv. Treasures – Money Management – Cash Flow
v. Keeping up with the Neighbors – Things – Needs v. Wants

Source of Financial Crisis

A. Spending more than we earn

1. Knowing what we earn
a. Gross Pay – Wages Tips and other Compensation
b. Federal Tax Withheld
c. Social Security Tax Withheld
d. Medicare Tax Withheld
e. Health Insurance Paid by Employer
f. 401K or other Retirement Contributions
g. All other deductions (Union Dues)
h. Net Pay

2. Knowing what we spend
a. Fill up the gas tank
b. Lunch out
c. Dinner out with the family
d. Trip to the Grocery Store
e. “Unexpected Expenditures”
New Tires, brakes, car repairs not covered by the warranty
Medical co-pays
Emergencies

3. Spending Wisely - Budgeting