Learning goes on and on and on . . .
Today, I attended the Webinar provided by the Florida Bar on Family Law Issues from cases this year.
Always good to update your knowledge regarding what the courts are doing, and what the appellate courts are saying about what the courts are doing.
In the past year, Grandparents' Rights, Alimony, adultery, Parenting Plans, Timesharing, paternity, domestic violence, Enforcement and Fees were only a few of the issues considered for the courts' action this year.
When you are selecting an attorney to represent your family in court, ask what courses of study have been completed to remain up to date on the law of the state.
The 5th DCA clarified the Relocation statute as to the 50-mile rule.
The 2nd DCA clarifited allocation of outstanding expenses for child support to the proportion of income of the parties rather than 50/50 as many agree.
The First DCA clarified a "supportive relationship" and whether it would end alimony.
These are but a very few of the 20 pages of cases reviewed. If you have questions of a legal nature call an attorney.
If you have questions regarding Collaborative Divorce, Elder Law, Family Law or Guardianships, Call me! 407-645-3297 or visit my website at www.aubreylaw.com
Showing posts with label distribution. Show all posts
Showing posts with label distribution. Show all posts
Wednesday, October 24, 2012
Monday, August 24, 2009
What do You do when You don't Know What to do?
When all around you are losing their heads over some perceived emergency without any plan of action, What do You Do? Do you stop and ask directions? Do you sit quietly and wait for the storm to pass, then clean up the mess and plan better to prevent future emergencies? Do you lead the charge, yelling do something to those around you who neither know what needs to be done nor how to go about doing it?
I am one who addresses those emergencies in life with a calm reflection. I have seen the damage done by a hasty response. I have witnessed the exponential increase in stress caused by the "Chicken Little" response of "the sky is falling".
Many years ago, I was the one to notice the sky falling and attempt to warn those around me. Working on the electrical plant of a Nuclear Submarine, I would many times see an emergency arrise on the meters and guages and it was my duty to not only note the changes, but to recommend actions to prevent damage to crucial equipment. Others might jump in before seeing All the indicators, trying to fix the first indications only to compound the real source of the problem. Many times, waiting for the opportune moment to suggest a better course of action means being heard rather than ignored.
In my practice, I see people in some of their worst situations, impending death, Family strife, marital strife, Divorce, etc. Many times alcoholism or drug addiction play a part in destroyed relationships. Other times, simple communication issues cause complete distrust or misunderstanding. An outsider who has witnessed the progression of strife, can see the direction, even if he or she cannot adequately communicate to the parties involved.
Life can be like that. Make a friendly suggestion before the friend recognizes the dire straits, and risk being ignored. Once the magnitude of problem is considered, a timely suggestion means all the difference in the world. Call me at 407-645-3297 or visit my website at www.aubreylaw.com and let me help you recognize the symptoms and solutions to your problems.
I am one who addresses those emergencies in life with a calm reflection. I have seen the damage done by a hasty response. I have witnessed the exponential increase in stress caused by the "Chicken Little" response of "the sky is falling".
Many years ago, I was the one to notice the sky falling and attempt to warn those around me. Working on the electrical plant of a Nuclear Submarine, I would many times see an emergency arrise on the meters and guages and it was my duty to not only note the changes, but to recommend actions to prevent damage to crucial equipment. Others might jump in before seeing All the indicators, trying to fix the first indications only to compound the real source of the problem. Many times, waiting for the opportune moment to suggest a better course of action means being heard rather than ignored.
In my practice, I see people in some of their worst situations, impending death, Family strife, marital strife, Divorce, etc. Many times alcoholism or drug addiction play a part in destroyed relationships. Other times, simple communication issues cause complete distrust or misunderstanding. An outsider who has witnessed the progression of strife, can see the direction, even if he or she cannot adequately communicate to the parties involved.
Life can be like that. Make a friendly suggestion before the friend recognizes the dire straits, and risk being ignored. Once the magnitude of problem is considered, a timely suggestion means all the difference in the world. Call me at 407-645-3297 or visit my website at www.aubreylaw.com and let me help you recognize the symptoms and solutions to your problems.
Thursday, August 20, 2009
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/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.
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/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.
Wednesday, June 17, 2009
Transferring Real Property outside of Probate
Many people want to know, How do I leave my legacy to my children without their having to go through the hassle of Probate. Sometimes the fear of probate is unwarranted. Many times the fear of costs for probate prevent people taking the simple step of calling an attorney to inquire. Remember, if you never ask a question, the answer always remains, "NO".
Probate costs are monitored byt he court, with Judges signing off on most fee applications. Many times an attorney will agree to a lesser rate if he or she has represented you or the decedent in the past.
Sometimes however, an attorney may be able to suggest ways to avoid probate altogether. Instruments such as "Life Estate Deeds" and Lady Bird Deeds may be very useful in allowing a senior to maintain control of their property right up until death, then avoid probate by having it transferred through the prior filed deed. Many times you just have to know what questions to ask.
Probate costs are monitored byt he court, with Judges signing off on most fee applications. Many times an attorney will agree to a lesser rate if he or she has represented you or the decedent in the past.
Sometimes however, an attorney may be able to suggest ways to avoid probate altogether. Instruments such as "Life Estate Deeds" and Lady Bird Deeds may be very useful in allowing a senior to maintain control of their property right up until death, then avoid probate by having it transferred through the prior filed deed. Many times you just have to know what questions to ask.
Friday, February 13, 2009
Economic Down times mean opportunity
Many clients ask whether they can afford to get divorced in this bad economy. The answer for some may be no, but the answer for many more may be YES! The economy presents a nationwide downer. Moods are bleak, consumer confidence is at record lows. Now is the time to change your outlook by fixing that nagging home problem once and for all. How could your life be changed by making changes at home now.
All over the country, people are facing debt issues, bankruptcy considerations, loan writedowns and writeoffs. With investments such as 401K and stock funds low, this may be the time to split those and move on with independence to invest again.
Home values are lower than ever presenting a unique opportunity to buy out your spouse at a discount. Yes, you may have to give up some of your desires, but with equity very low, a buyout is more affordable now than ever. Offsets of stock funds against equity in homes with tax advantages on both sides may allow you and your spouse to fight less and agree more to resolve your disagreements once and for all.
All over the country, people are facing debt issues, bankruptcy considerations, loan writedowns and writeoffs. With investments such as 401K and stock funds low, this may be the time to split those and move on with independence to invest again.
Home values are lower than ever presenting a unique opportunity to buy out your spouse at a discount. Yes, you may have to give up some of your desires, but with equity very low, a buyout is more affordable now than ever. Offsets of stock funds against equity in homes with tax advantages on both sides may allow you and your spouse to fight less and agree more to resolve your disagreements once and for all.
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