The MustardSeed of Central Florida is having a PARTY!!!

Chairs 4 Charity Event Details

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Chairs 4 Charity is a Happening Thursday, April 3, 2014,
Benefiting the Mustard Seed of Central Florida!
This is our Fourth Chairs for Charity event, and it will be a “Shabby-chic happening”
at The Winter Park Farmers Market, located at 200 West New England Ave,
Winter Park  Florida , 32789.
The evening is from 6:00 pm – 9:00 pm, and will be FUN!
The Mustard Seed will showcase eclectic donated furniture pieces and dinnerware for guests to enjoy signature cocktails, hors d’oeuvres entertainment and  a silent auction while viewing your one-of-a-kind artwork.
The Youth Symphony Orchestra will provide the music, we will show case local artist  who have chosen a chair from our donated items, the Artist will then turn their chair into a piece of Art. Our artists will be listed on our website , Monday, March 3rd. So be sure to check back!
We also will have scheduled appearances by retired NBA Legends, we will keep you posted. We hope to see you at this “Happening” event.
Cost of a single ticket is $50 and $85 will buy two tickets!
Download the Event Flyer Here!

Ticket Options

Individual $50.00 USD For Two $85.00 USD

Thank you in advance for supporting The Mustard Seed of Central Florida.

Elder Law and the Attorney

This is an article I drafted for the Orange County Bar Association "Briefs" to be published next month. www.orangecountybar.org

 

Elder law can be a very broad area of practice, as it primarily encompasses the client, rather than the issue. Elder law attorneys typically answer questions regarding Medicaid qualification, Medicare, social security, guardianships, estate planning, end of life planning, living wills, testimonial wills, trusts,  special needs trusts, qualified income trusts, Medicaid trusts, the list goes on and on. Elder Law speaks more to Client Constituency than individual issues handled. Elder Law Attorneys address issues of Competence and Guardianship, End of Life and Healthcare Directives, Medicaid Planning as well as Estate Planning. Over the past few years, a new area has emerged: Foreclosure of Mortgages against new nursing home residents. What does the average practitioner need to know to competently advise those asking questions?

Most important in any discussion of Foreclosure is what is the assets value, and what is actually owed. Because many houses in the Orlando area and surrounding communities have lost significant value as a result of the foreclosure crisis that began in 2008, many seniors who moved to Central Florida and put a sizeable nest egg into their homes have witnessed the evaporation of equity at unprecedented levels. In 2007, if you purchased a home for $200,000, it is probably valued at less than ½ the original purchase price. If a mortgage was used for the purchase, the balance due after 7 years may be significantly higher than the current market value. This Negative Equity may place seniors at risk due to limited income mobility, rising taxes and expenses and the inability to refinance to a lower interest rate. 

One issues many seniors question is that of their homestead and mortgages. In recent years, especially following the 2008 recession, seniors have witnessed a significant decline in the value of their homestead. In many cases, seniors watched their home equity evaporate, and their mortgage holder became under secured. The federal government has been active in addressing the foreclosure crisis resultant from this negative equity situation by passing programs such as  HAMP, HAMP 2, HAFLA and finally the National Mortgage Settlement. It’s unfortunate that in Florida our Attorney General opposed the National Mortgage Settlement, even though it has helped thousands of Floridians to modify their mortgage on much more favorable terms than they could have otherwise achieved.

            Attorneys have been instrumental in the mortgage modification process, from many different standpoints, notably the bankruptcy court began a mortgage modification mediation program and started in Central Florida, the Orlando Division of the Middle district Federal bankruptcy court. This mediation program through the bankruptcy court system allowed debtors in bankruptcy to force the mortgage holder to attend mediation. While mediation was an option in state court foreclosure process, the success rate of people being able to stay in their homes was significantly less than 10%, estimated at about 4% statewide.

In the Orlando Division middle district success is measured similarly, and those seeking mediation and completing mediation with the ability to remain in their homes, measured at 74% of all modifications signed. Additionally the mediation process in the bankruptcy court has allowed many debtors the dignity of negotiating to surrender the home, rather than just waiting until the bank foreclosure process is completed and they are eventually evicted. Many seniors are afraid of bankruptcy because they don’t realize how fully their cards are stacked against them with regard to credit.

I am proud to be a part of the Mortgage Modification Education Inc. MME provides training to attorneys throughout the State of Florida and has trained attorneys from Indiana, Tennessee, South Carolina, Georgia, Virginia and New Jersey. www.mortgagemodificationeducation.com is our website and training is scheduled for New York City in April. Please get the information you need and seek assistance of competently trained counsel.

A

Domestic Violence, Trials and the Congressman

The Orlando Sentinel (www.orlandosentinel.com) reported today that Congressman Alan Grayson is embroiled in a particularly distasteful divorce which has now included allegations of Domestic Violence. Domestic Violence is all too common and can be investigated here: http://en.wikipedia.org/wiki/Domestic_violence

Spousal Abuse occurs against Women and Men. It is NOT primarily focused on one gender, even though the United States funds the Office on Violence Against Women. http://en.wikipedia.org/wiki/Office_on_Violence_Against_Women.

The Tamp Tribune picked up the story too. http://www.tampabay.com/blogs/the-buzz-florida-politics/alan-graysons-wife-says-he-shoved-her/2168521

Also today, a caller to my office asked whether there was any need to report an incident of domestic violence because "the officer said it was just 'he said she said."'

Whenever I have a client who relates incidents of domestic abuse, threats or violence, my advice is as follows:

1. Call the police. If you call, there will be a record in the future that at least you sought help.
2. File for an Injunction. If there was a negative impact to your person, or a threat of harm in the future, ask the courts for an injunction.
3. Do not dismiss the injunction prior to hearing. Dismissal of an injunction is almost always used to show that there was NO VIOLENCE in the first place, also showing that you were not truthful.
4. Get the advice of an attorney. You are not prepared to represent yourself in a courtroom environment. An attorney should know the rules and procedures to maximize your case. An attorney may be able to offer solutions that prevent court hearings while protecting you from allegations of untruthfulness.
5. Do Not Touch another person negatively.
6. Do Not Yell.
7. Do Not Threaten.

If you have been the victim of abuse, or if you have been falsely accused of abuse,
Please Seek the Help of A Qualified Attorney.
I am available by phone at 407-645-3297, or you may visit my website at www.aubreylaw.com
I look forward to meeting you and helping in your time of need.

Is Divorce an All or Nothing Proposal?

In Divorce, an all or nothing mentality may actually harm your chance of a normal life after. Why should it be so? Laws in Florida imply, if not outright require, a roughly 50/50 equitable distribution and recent changes to longstanding presumptions make a 50/50 timesharing proposal the seeming norm.
While an All or Nothing mentality may be bad for divorce, it seems an the All or Nothing thought on  Marriage is actually necessary. Sunday's New York Times, www.nytimes.com included an article: The All or Nothing Marriage.  http://www.nytimes.com/2014/02/15/opinion/sunday/the-all-or-nothing-marriage.html?_r=0  "the answer to whether today’s marriages are better or worse is “both”
The author, Eli J. Finkel, explains how women's rights have actually strengthened marriages, as well as weakening them. He explores reasons why some marriages succeed despite great obstacles while others fail with little or no friction.

Anecdotally, I have seen both as well. In my dual practice of Elder Law and Family Law. I have worked on the estate planning of "happily married 60 years" octogenarians and I have worked on divorces for people married less than 8 months. The Times article deftly addresses radical differences that impact both.

While a marriage may be All or Nothing, does the feared divorce have to be? I would say No. Many people are traumatized by divorce; however, many more are happier after leaving a bad marriage. In court just yesterday, a father shook his head in disagreement as Judge Roger McDonald said some people are happier after divorce. I know his ex-wife is happier. I also know he longs for the opportunity to correct the many mistakes of 12 years ago that resulted in a divorce. The children are caught in the middle and as the same judge says in his self-published book, "It's Not the Divorce that Hurts, It's the Fighting."

We no longer live in the world of The Waltons, as the death of my favorite father figure actor Ralph Waite testifies. http://www.nytimes.com/2014/02/15/arts/television/ralph-waite-patriarch-in-tv-series-the-waltons-dies-at-85.html

Social mores are no longer attuned to a clearly religious concept of right and wrong. Today, children must be heard rather than silenced. Women can and do "have it all" as shown by the possible next Governor of Texas, Wendy Davis.  http://www.nytimes.com/2014/02/16/magazine/wendy-davis.html

But, what if you don't want to just divide down the middle? What if you worked harder, contributed more, sacrificed more, brought in more, than your partner? How do we count the division of marital labor in a divorce? As time goes by, many rights that were clear a few years ago have changed. Even with regard to a swimming pool and shared use. http://www.nytimes.com/2014/02/18/nyregion/complex-with-a-rare-indoor-amenity-is-divided-over-who-gets-to-swim-in-it.html

As the courts try to wrangle with rights of the parties, many choose to go their own way. Rather than have the court address all manner of evidence from social media, Facebook, Twitter and the like,
http://www.nytimes.com/2014/02/16/sunday-review/social-media-a-trove-of-clues-and-confessions.html
some people choose a "Nothing" Divorce. As in, Nothing for the Court to Decide. Nothing worth destroying the family over. Nothing is better than destroying the relations between children and parents.

Collaborative Divorce allows the parties to work through the same questions of divorce, but with the help of a communications specialist, two attorneys and an independent financial guru to ensure that each party's needs and goals are met so far as is possible. The Parties Make All Decisions. Nothing is left to the Judge to decide. Routinely Collaborative Law Attorneys are surprised at how warring factions can come together across a table to agree on goals that protect their children, as well as maximize their future. Just ask one.

When you need help, call me, 407-645-3297 or visit my website, www.aubreylaw.com
And just for reading this, enjoy this little nugget: 

Collaborative Divorce

In a Collaborative Divorce, the husband and wife communicate their goals to a team of professionals who assist in keeping the mutual goals as paramount as the marriage comes to an end.

The Wife and Husband make all decisions, Not the Judge. Not the Attorneys. The Parties to the Marriage maintain control of their marriage and control of their divorce. Adults know sometimes bad things happen to good people. Adults know bad incidence do not define life. Adults know that hard choices require full disclosure of risks and benefits.

Collaborative Attorneys know Moms and Dads make decisions in their children and families' best interests when given the opportunity and assistance.
When you are faced with Marital Problems that seem beyond your control, call me. You have the control if you will only select the right tool for the job. Litigation is the wrong tool for most families.

My number is 407-645-3297. Or visit my website www.aubreylaw.com

I look forward to assisting your family in keeping priorities in perspective and making the right decisions.

A Divorce Lawyer's Advice on Marriage

How long have you been married? 25 years. I used to answer that question, "13 years, but it feels like forever." I was not meaning an insult, simply stating that I felt like I had always been with my wife. Strange then that I ended up ending marriages for profit. I don't actually end the marriage, I just do the paperwork, and get the court's approval.

The New York Times (www.nytimes.com) had two articles leading up to Valentines' Month that really hit on the issues of marriage, especially Long Term Marriage.

The first, Does Equal Marriage Mean Less Sex, compares the division of chores and the division of income to find a prosperous balance of work while maintaining sexual stereotypes of work division. http://www.nytimes.com/2014/02/09/magazine/does-a-more-equal-marriage-mean-less-sex.html
Both funny and illustrative, the article comes up with the following proper division for pure marital bliss:   The risk of divorce is lowest when the husband does 40 percent of the housework and the wife earns 40 percent of the income.
Wish I had known that before I got engaged! My wife was an attorney when we met, and I was a Sailor. Not the romantic type on a yacht or sailing ship, the enlisted type, E-3. The difference in our incomes was quite staggering. Thankfully, after putting me through college and law school, my wife continues to practice, and our incomes greatly changed. I don't know how to divide housework, but I like doing most of the cooking. I prefer to do the 'man jobs' as well, but she routinely takes out the trash or takes the rolling carts to the street.

Daniel Jones, editor of Modern Love writes another article, Good Enough? That's Great! listing several types of people and problems with long term marriages, some of which might lead to awards of alimony, unequal equitable distribution and many other problems during a litigated divorce. http://www.nytimes.com/2014/02/02/fashion/good-enough-thats-great.html
"Those Who Sneak," as Jones calls them, are the primary pool of potential clients of most attorneys. We all know someone who is just one phone call, text or picture away from a nasty divorce fight. Of course they are the 'quiet victim' in their own mind. The philanderers, cheaters, letches and creeps follow stereotypes that prove the rule. When I hear women say, "all men are dogs" or "he just can't keep it in his pants" I am seldom sympathetic.
Then there are the people Jones refers to as the Quashers.
Quashers suppress their feelings of slights in order to keep their little world safe. Don't upset him. Don't make her angry. Just get over the feelings of anger, hurt, humiliation and fear. It won't happen again, until it does, and once again, they will quash their own feelings, desires, emotions to keep the family safe.

Finally there are the Restorers. Jones writes, "When a restorer couple’s marriage starts to feel subpar, they sit down and have a sensible discussion about where their marriage is and where they would like it to be. Then they set goals and seek the means to achieve those goals. Typically affluent, educated and highly motivated, restorer couples almost single-handedly support the vast and profitable marriage-improvement industry." These are the people who choose Collaborative Marriage and Collaborative Divorce when necessary.

In a Collaborative Divorce, the husband and wife communicate their goals to a team of professionals who assist in keeping the mutual goals as paramount as the marriage comes to an end. The Wife and Husband make all decisions, Not the Judge. Not the Attorneys. The Parties to the Marriage maintain control of their marriage and control of their divorce. Adults know sometimes bad things happen to good people. Adults know bad incidence do not define life. Adults know that hard choices require full disclosure of risks and benefits. Collaborative Attorneys know Moms and Dads make decisions in their children and families' best interests when given the opportunity and assistance.

Call me at 407-645-3297 or visit my website at www.aubreylaw.com
I look forward to helping your family in its time of crisis.

On Marriage and Divorce, Collaborative Style

We can't all have a marriage like Jay Z and Beyoncé. http://www.nytimes.com/2014/02/04/arts/music/beyonce-and-jay-zs-sultry-dance-makes-a-case-for-marriage.html  But can we all have the benefits? Married partners who truly express their love, can be affirming for others. Couples who share their "dirty laundry" can make the rest of us uncomfortable. Are you happy in your marriage? There are certainly benefits, but some may be overstated.

Recently an article in the New York Times caught my eye: http://www.nytimes.com/2014/02/09/magazine/can-marriage-cure-poverty.html?hpw&rref=magazine
Titled, Can Marriage Cure Poverty, the article explores the idea that married couples are somehow boosted from the poorhouse through collective gain. While it is an easy assumption that two parties can live more efficiently than one, I think this article places too much emphasis on raw statistical analysis and too little on evidence of life realities in the 21st century.
Actually the opinion piece is critical of Florida Senator Marco Rubio for his statements on the subject. At a speech by Rubio last month he stated: In 1964, “93 percent of children born in the United States were born to married parents. By 2010 that number had plummeted to 60 percent.”
Rubio was really criticizing President Johnson and the War on Poverty, Johnson’s governmental campaign to boost the opportunity and incomes of the poor, begun in 1964. So on the 50th anniversary of the War on Poverty,  Rubio calls marriage “the greatest tool to lift children and families from poverty.” How nice. If only the other 7% of children had had married parents, there would have been no poverty to declare war upon.
Very Naïve Senator.

Another article details the other end of the spectrum: Divorce among the 1%.  http://www.nytimes.com/2014/02/02/business/breakup-at-740-park-avenue.html?_r=0
As Julie Creswell writes, "This is a story of marriage and money in the 16-room, five-and-a-half-bath duplex world of luxury Manhattan real estate." What might be referred to as a High Asset Divorce.
The story goes on to detail the catastrophe of the Great Recession as it inspires the rich to seek divorce. Unfortunately, as unhappy marriages sometimes go, there was an allegation of a drunken assault, resulting police intervention. From there the story is all too familiar. Any equitable distribution must consider allegations of a post-nuptial agreement, claims of ownership of jewelry, insurance proceeds taken by fraud, ashtrays valuations, and all manner of argument. Collaborative Law might have helped out this situation. I wonder if Senator Rubio warned them of the poverty headed their way? Perhaps he should have because bankruptcy filings are mentioned throughout the story.

Parents must make real choices for their children. Preservation of assets may seem as though one party simply wants all the pie while leaving the cleanup to others. Actually, children of divorce have higher incidence of teen pregnancy, school disciplinary problems, and criminal activity when compared to their friends of happily married parents.

In a collaborative practice, we seek to allow parents to make the decisions normally left to the judge. We allow parents to find the best result for their family even if it is not exactly like the law may imply. What is best for your family? If divorce is being discussed, Collaborative Law should be considered.

If you have questions, call me 407-645-3297 or visit my website at www.aubreylaw.com
          I look forward to hearing from you!

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