The law gives the birth parents of adopted children one year to file a “contact preference” form that indicates whether and in what manner they wish to be contacted by the child they gave up for adoption. They also have the opportunity to have their names redacted from their children’s birth certificates.

Then, beginning in March 2015, Ohio adoptees born between January 1, 1964 and September 18, 1996 will be able to obtain their adoption files, including their original birth certificates, upon reaching the age of 18.

Prevailing national attitudes about adoption have changed drastically in the last 50 years. In the 1960s, adoption was a very sensitive and secretive issue. Not everyone was accepting toward adopted children or toward the mothers who gave them up. In response, many states sealed adoption records, making it all but impossible for an adoptee to identify his or her birth parents without a court order — a very high barrier. But in the 1990s, these attitudes began to change rapidly. Adoption was no longer treated as secretive. At that time, states began to reverse their laws, making all future adoptions open unless the biological parents requested otherwise.

Now, Ohioans adopted during the time when sealed records were the norm will be given the chance to access their adoption files. And reform activists are hoping that the new law will inspire other states to follow in Ohio’s footsteps.

Currently, Florida has no such law. The Sun Sentinel recently featured a Boca Raton woman named Kimberly Remy, 31, who has sought to find her birth parents since she was 13. She has registered on and searched adoption registries where birth parents and adoptees can reunite, but she has had no luck. With a court order, she could see her original birth certificate, but she has no guarantee a judge would grant it. In effect, the requisite court and attorney fees are a gamble she cannot afford.

Present Florida law is similar to Ohio’s in that it does allow for both closed and open adoptions. As adoption becomes more and more a celebrated social institution, birth parents nationwide are increasingly opting for some level of openness in adoptions. These arrangements can vary from simply allowing the records to remain available for their biological child to taking an active part in the child’s life after the adoption.

As prevailing attitudes change, it is likely that more states, including Florida, will implement some manner of opening older adoption records.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Occupations: When considering an applicant for SSDI, the agency must evaluate the applicant’s employment prospects. Currently, it tasks vocational experts to match the applicant with potential occupations. But these experts are supposed to use a “dictionary” of occupations that has not been updated since 1991. It still includes anachronistic occupations like “blacksmith,” and, more importantly, it does not reflect the technology boom of the past twenty years. Numerous jobs working with computers are well-suited to physically disabled individuals. Rewriting the dictionary is a huge job that may not be completed until 2016 at the earliest.

Grid Use: Administrative law judges who rule on SSDI applications use a decision-making tool known as the “grid” to help them decide whether an applicant qualifies for benefits. It accounts for age, education, disability and other factors. But like the occupation dictionary, the grid has not been updated in years, and it does not reflect the ability of some people to work productively into advanced ages. Additionally, some judges believe it is too easy for lawyers and other experts to tailor applications to the grid so that an award of benefits is more likely.

Disclosure: Currently, SSDI attorneys may withhold medical records that weaken a client’s case for disability benefits from submissions. Many believe that this practice should not be allowed, and some claim the SSA has backed down from pressure against implementing a rule against it in the past. An agency official recently stated the SSA would soon propose a rule preventing the withholding of relevant information from applications, but the official would not elaborate on the nature of the proposal.

Caseload: To deal with large case backlogs, some judges have, in recent years, handled upwards of 1,000 cases per year. Many judges claim due diligence on so many cases is impossible. The agency has now placed a cap of approximately 800 cases per year for each judge.

Third-Party Groups: The SSA and its inspector general are investigating whether doctors and lawyers are facilitating fraud in disability applications. This investigation only began recently, and no targets or findings have yet been identified.

Judges’ Job Description: It is very difficult for SSA judges to be removed from their positions. For some, the post amounts to a lifetime appointment. But the agency is changing the job description to clarify that judges are subject to supervision and to oversight from various parties. The SSA has also intensified scrutiny over the judges’ casework and can recommend additional training for those whose results (e.g. the percentage of applications approved) fall outside the norm.

As the SSDI continues to grow, it is important to keep the program modern and to remain vigilant against fraud so that the benefits of future, worthy applicants are not endangered.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a social security attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

In a recent CNN.com op-ed, Pepper Schwartz attempts to answer the question, “Why are baby boomers so divorce-prone?” Schwartz, a sociology professor at the University of Washington and a senior fellow at the Council on Contemporary Families, has some interesting ideas.

Essentially, Schwartz’s argument is that baby boomers are creating new norms for middle and late-middle age simply because they have done so for every other stage of their lives; they have always approached the status quo critically. As young adults, many took part in strong movements for change, from war protest to civil, women’s, and gay rights.

Boomers have challenged any number of norms in domestic life. Baby boomer women had more romantic partners and many, many more employment opportunities than previous generations. The generation led a reexamination of the necessity of marriage and the qualities of a good one. However, many individuals addressed these ideas after getting married themselves, and a skyrocketing divorce rate in the 60s and 70s followed.

Now, Schwartz says, boomers are doing away with tradition again. They are living longer and staying employed later than their parents did. And many regard their 50s and 60s as just as rich in opportunity for love and new experiences as their 20s and 30s were.

Schwartz theorizes that younger adults of Generation X will not follow in the footsteps of the boomers, and will instead usher in a lower divorce rate. Today’s younger adults often come from divorced families, and they are keen to avoid the same fate for their own children. A Pew Research study shows a full two thirds of boomers would prefer to divorce rather than stay in an unhappy marriage; only 54 percent of younger adults hold the same view. Next, Generation X-ers marry later, when they are more mature, financially stable, and experienced in relationships. And finally, many have already experienced economic and financial turmoil in their adulthoods, unlike many boomers. These experiences have led them to place great emphasis on sticking together for economic security.

As individuals in successive generations rethink what love and family mean for them, it is fascinating to watch individual choices coalesce into immense and lasting demographic shifts.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

• Refraining from cell phone usage, including text messaging
• Refraining from carrying passengers
• Obeying the speed limit
• Refraining from alcohol consumption
• Wearing a seat belt at all times while driving or riding

Auto accidents are the number one killer of American teens, according to the NHTSA. In 2011, 2,105 teens lost their lives on U.S. roads.

The good news? That number represents a huge improvement over the course of the last few years. From 2007 to 2011, the number of teen driving fatalities has fallen by 43 percent. Unfortunately, some markers have remained steady during this time period, including the percentage of teen drivers killed in auto accidents with positive blood alcohol concentrations (27 percent), the percentage who were speeding when they died (35 percent) and the percentage who were unrestrained (53 percent).

The NHTSA also says that distraction was a factor in 12 percent of fatal crashes involving teen drivers. Both cell phones and teenage passengers contribute to distractions for young drivers.

Teen passengers also play a unique role in creating peer pressure, which is likely to lead teen drivers to engage in risky behavior they might otherwise avoid. For instance, the agency found that in fatal crashes in which the teen driver was not wearing a seat belt, nearly 80 percent of that driver’s teen passengers rode unrestrained. Another study found that having one teenage passenger increased the likelihood that a teenage driver would engage in risky behavior by 2.5 times. Having multiple passengers increased the likelihood by three times.

If you have a teen driver in your household, speak with them regularly about the topics listed above and about defensive driving skills. Teach them that, as a driver, they must exercise maturity. They are responsible for their own safety and that of their passengers.

When your teen has a learner’s permit, take every opportunity possible to allow him or her to drive under your direct supervision. This is by far your best chance to instill safe driving habits that will stay with your child for life.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills personal injury attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

In turn, a good attorney knows when to hire an expert to assist with your case. An expert gives reliable and legally admissible facts in regards to a particular legal matter. Properly presented by your attorney, information provided by an expert can make a great difference in virtually any case. There are a few types of experts that may be employed in a divorce case.

A vocational expert is able to make an informed judgment on the work and earning potential of an individual based on his or her education, employment history, and health. This is important in cases in which alimony or child support is awarded according to a party’s potential for gainful employment (as opposed to current income). If your spouse is voluntarily underemployed, this can mean a significant difference in the amount of support awarded.

A real estate appraiser is an expert on real estate markets. A couple’s home is very often the single largest marital asset, and its value bears greatly on the division of assets. The same is true of vacation homes, timeshares, etc. To determine the property’s value, the appraiser will examine comparable sales for similar homes in the area, as well as the unique traits of your home.

A forensic accountant will analyze your financial records – credit card bills, bank statements, etc. – to develop a clear picture of your marital income, expenses, assets, and liabilities. In cases where marital lifestyle is a factor in awarding alimony, a forensic accountant will help your attorney and the court understand the nature of that lifestyle.

A business valuator is necessary when one or both parties have a significant interest in a business. In this case, understanding the value of the business is key. This expert will examine financial records and projected income to determine the business’s value.

A custody evaluator is required in almost all cases of contested child custody. Through interviews with all parties and observations in domestic settings, evaluators determine each parent’s suitability to assume custody of the children. Many cases involve three custody evaluators: one for each spouse, and one joint or court-appointed expert.

A knowledgeable family law attorney will have experience working with all of these types of experts. This advantage may make a significant difference in your divorce proceedings, as he or she will know which individual expert is best suited to advise on your particular case.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a divorce attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Financial Accounts
If you and your spouse have any joint financial accounts, it is likely that either of you may withdraw the entire balance at any time. Two possible precautionary actions to take are to withdraw what is rightfully yours, leaving the account in place, or to close the account by way of separate checks issued to each spouse. However, keep a close accounting of any monies spent, in case the court wants to know where the money went. Consider carefully whether you believe your spouse might make unreasonable withdrawals from the accounts and be sure to consult with your attorney before taking these steps. This action in particular may exacerbate tension between the parties. In Florida, actions take which will prejudice the other party, such as closing accounts leaving them with no access or means of support may result in serious adverse sanctions by the court against the party closing the account.

Set up new accounts solely in your name to replace the joint account. Make sure any direct deposits from your employer or between your accounts go to your individual accounts.

If you co-rent a safety deposit box, write down a careful inventory of its contents and consider whether to remove anything. At the very least, make copies of documents therein.

Loans and Credit Cards
If you and your spouse both signed an application for a loan or credit card, or the statements are addressed to both of you, the account is joint, and you are liable for amounts owed. If you believe your spouse will run up the credit line, then speak with an attorney and file quickly, as generally the date of filing is the date that is used for division of liabilities. If you and your spouse are in agreement you may close the account to further purchases by either party. Obtain a credit report to make sure you are aware of all accounts that are open in your name.

Financial Records
Locate and safeguard the records of all finances that are solely yours, and obtain either originals or copies of records of all joint accounts. This includes tax returns, account statements, checkbook ledgers, insurance policies, credit card bills, and loan applications.

Communication
Consider opening a post office box or mailbox in order to receive sensitive mail outside your home. Have all financial and legal information sent to the new address. Change your passwords for your email, voicemail, computer, smart phone, and online financial accounts. Even if you do not recall giving your spouse a password, you may have mentioned it in the past or your spouse may have otherwise obtained it.

Vehicle
Make sure you have your own copy of keys to vehicles that are owned jointly. If possible, ensure that your spouse does not have a key to a vehicle that is solely yours.

If you and your spouse remain amicable despite facing the possible end of your marriage, and you feel certain he or she would not violate your trust, these precautionary measures may not be necessary. If you are unsure, go over this list with your attorney to decide what steps to take.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Social Security Disability Insurance (SSDI) is another story altogether. That program draws from a separate trust fund – one that is forecast to be depleted in 2016. If that happened, benefits could only be paid to the extent they were covered by incoming payroll tax revenue. That would mean an immediate benefit cut of some 20 percent to each and every disabled beneficiary.

One temporary solution is actually quite simple. A small portion of revenues from payroll taxes could be reallocated from the retirement program to disability. Reallocations are nothing new – Congress has enacted them at least six times already, most recently in 1994. According to Social Security Administration chief actuary Stephen Goss, shifting just one tenth of 1 percent of revenues would bring the forecast depletion date of both trust funds in line with each other.

To be clear, this would accelerate the depletion of the retirement program’s trust fund, and thus it is not necessarily a politically simple fix despite being logistically simple. But the reallocation itself would not result in any workers having to pay more in taxes, nor any beneficiaries – retired or disabled – suffering a cut in benefits. This should spare the measure from significant controversy, as past reallocations have been.

The SSDI program has recently faced intense scrutiny and criticism because of its rapidly swelling roll of beneficiaries. There is a sense among some that fraud is rampant in the program and that unemployed baby boomers who do not yet qualify for retirement benefits are freeloading despite being physically capable of work. This makes disabled Americans pawns in games of political brinksmanship as Congress argues over fiscal policies and debt ceilings.

The reality is that while examples of fraud may be found in the SSDI program, its growth was predicted by simple demographics. Baby boomers are nearing retirement age. The rate of physical disability among those age 40 is half that of 50-year-olds, which itself is half that of 60-year-olds. Moreover, women’s increased participation in the labor force over the last several decades means they are increasingly eligible for disability benefits.

Millions of Americans depend on disability benefits to make ends meet, and many more depend on retirement benefits for the same. Reforming both these programs in order to make them solvent long into the future may be a lengthy political process. In the meantime, reallocating funds to SSDI is the right thing to do to protect the livelihood of those who depend on it.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a social security attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The DOT named 22 cities eligible for the grants. Unfortunately, Tampa is not on the list, despite ranking second in the nation in pedestrian fatalities in a survey by Transportation for America, a nonprofit transportation safety organization. Four other Florida cities – Fort Lauderdale, Jacksonville, Miami, and Orlando – made the list and are eligible for the grants.

The grants are limited in size and scope and will not be used to make any upgrades to infrastructure. They total $2 million and are intended for education and enforcement initiatives.

Another tool available to communities to improve pedestrian safety is a new NHTSA website called “Everyone is a Pedestrian.” The site brings together resources and tips that communities can use to keep pedestrians safe, such as information to help parents teach children about safe walking, reports on effective existing projects to improve safety, and guides for community safety advocates.

“Pedsafe,” a project of the Federal Highway Administration, is another website available to communities with pedestrian safety issues. It contains suggestions for engineering, education, and enforcement initiatives, including case studies of actual implementations of those ideas.

“We continue to see high rates of pedestrian fatalities in major cities and across every demographic,” said David Strickland, administrator of the NHTSA, in the agency’s announcement. “To help stop the recent increase in deaths and injuries, we need everyone to play a role in pedestrian safety. Working with partners on the federal, state, local and individual level, we hope to turn this concerning trend around.”

One attention-grabbing fact in the recent NHTSA report is that alcohol played a role in nearly half of all auto accidents in which a pedestrian died. That means either the driver or pedestrian had been drinking. And over one third of the pedestrians killed were legally drunk.

According to NHTSA reports, pedestrian fatalities declined each year from 2005 to 2009. Despite this mitigating factor, a two-year trend of increasing deaths should not be taken lightly. It is the responsibility of safety groups, individual drivers and pedestrians, and all levels of government to work together to improve the safety of our roads for all users.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Those marrying later or not at all have many reasons for doing so. They may have parents who suffered a painful divorce and are reluctant to risk the same outcome. They may be same-sex couples unable to marry under the laws of their state. Or they may regard marriage as nothing but a legal document that holds no particular significance to them.

Whatever the reason, marriage is on the decline. But that does not mean that people are giving up on long-term relationships. Cohabitation – that is, living together unmarried – is on the rise. Cohabitation often involves sharing finances and sometimes the deliberate choice to have children. The term “nearlyweds” has been used to describe couples who are unmarried but whose lives in many respects resemble those of the wedded.

Nearlyweds may be motivated to eschew marriage out of recognition that they are not immune to the statistics that show some half of all marriages end in divorce. And clearly, divorce is too often a messy affair even between spouses who were once deeply committed and in love. But if nearlyweds believe they can quickly and easily dissolve a long-term relationship just because they are not married, they may be in for a rude awakening.

The emotional fallout of a breakup is likely to be just as bad in cases of cohabitation as in divorce, and bitter adversity and dispute remains a real possibility. And marriage and divorce offer certain legal protections that are not available to those who cohabitate, which can make issues such as the division of property and the sharing of child custody more difficult.

It is not difficult for nearlyweds to put some legal protections in place. A written “cohabitation agreement” is similar to a prenuptial agreement. It is a plan of action to dissolve a relationship that is not working out. It can contain details on the division of assets, including shared houses or cars, and who will have custody of children and pets. The best time to make a cohabitation agreement is before living together, but there is nothing to prevent couples from creating it after living together for years. And even if the relationship works out and the agreement is never needed, it can still bring peace of mind to know it’s there. If you want to have a cohabitation agreement or any other legal arrangement for your relationship, contact an experienced family law attorney.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

If a prenup is controversial, then a postnuptial agreement, or “postnup,” could be even more so. But it does not have to carry a negative connotation any more than a prenup. A postnup serves the same purpose as a prenup, but it is an agreement entered into by a couple that are already married. It can contain all the same arrangements, and like prenups, postnups are gaining in popularity.

There are many reasons why you and your spouse might want a postnup. Perhaps you considered a prenup, but did not get around to it before the wedding. Or maybe the thought of a prenup did not occur to you, or you thought you disliked the idea but had a change of heart. Also, a postnup may be advisable if one or both parties inherit or expect to inherit significant assets. Inheritances are usually considered separate property anyway, but a prenup or postnup can make that crystal clear.

A postnuptial can also bring a measure of peace to a marriage full of conflict. A recent CNN report told the story of a Boston couple who had ongoing disagreements about money. He took on large amounts of debt to grow his consulting business, which kept her up nights worrying what would happen if the business failed. They agreed to put the house in her name and split the mortgage and other expenses, quelling her fears and bringing peace to their relationship.

Postnups may become even more common soon in the wake of the Supreme Court decision that struck down part of DOMA. That ruling invalidates the portion of the law that denied federal benefits to legally married same-sex couples. When those couples suddenly find themselves in new and different financial circumstances, they may want to make new legal agreements to account for those changes.

No one plans to divorce, and no one wants to spend time, money, and energy in a drawn-out court battle. But those are exactly the situations in which many couples find themselves today. A prenuptial or postnuptial agreement prevents a great deal of conflict and can even strengthen a marriage.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The NHTSA estimates that 34,080 people died in auto accidents on U.S. roads in 2012. If that estimate holds true, it represents an increase of about 5.3 percent over 2011 fatalities, which numbered 32,367. What many do not realize is that the U.S. has enjoyed a decrease in traffic fatalities each year since 2005, when the figure was 43,510. Last year will therefore likely mark a break in a strong and very positive trend in safety.

Vehicle miles traveled (VMT) increased by 0.3 percent to 9.1 billion and therefore only account for a small portion of the increase. The estimated fatality rate per VMT for 2012 is 1.16 per 100 million VMT, up from 1.10 in 2011. In plain English, this means that U.S. drivers are driving slightly more, but dying at a higher rate for every mile spent behind the wheel. Like the total number of fatalities, the fatality rate declined each year from 2005 to 2011.

The number of miles driven varies throughout the year. People drive more during the summer and holidays. The hazards of the road vary as well – more accidents occur during rainy and snowy months. Therefore, it is useful to compare accidents from a given quarter of one year with the same quarter from the previous year. The NHTSA report illustrates the strength of the earlier downtrend in traffic fatalities by showing that from 2006 to 2010, there were 17 consecutive quarters that showed a year-over-year decline. That is the single longest unbroken downtrend since the agency began compiling auto accident statistics in 1976.

Although any increase in traffic deaths is disheartening, this report should be taken in context. Deadly accidents have fallen steeply over the past several years. The U.S. is making significant strides in road safety. Hopefully, 2012 statistics will turn out to be an anomaly and fatal auto accidents will continue their longer-term downtrend in 2013 and beyond.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a personal injury lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Gov. Rick Scott signed the bill into law on May 28, 2013. The ban prohibits the use of cell phones for sending text messages or email while driving under most circumstances. But “most circumstances” comes with a number of exceptions. The law does not apply to drivers at red lights or in traffic jams. And drivers may still use phones for navigation, weather, and music, and they may also use voice-to-text applications.

But the biggest weakness in the law, some say, is the fact that violation of the ban is a secondary offense. That means that police cannot pull over a driver whose only offense is texting – they must commit some other infraction, such as speeding. They could then be ticketed for speeding and/or texting. Police also cannot require drivers to hand over their phones to show whether they have been texting or emailing. Enforcing the ban may therefore prove quite difficult.

State legislators have tried for years to pass a ban, but Republican leaders in the House have thwarted the efforts. This year, new House Speaker Will Weatherford, R-Wesley Chapel, broke the gridlock when he indicated his support for the legislation.

Sen. Nancy Detert, R-Venice, the bill’s sponsor, defended the measure, saying the fact that texting is a secondary offense will not affect the public’s perception of it.

According to a recently-published study by Cohen Children’s Medical Center, texting while driving is the leading cause of death for teenagers, claiming the lives of more than 3,000 teens each year. The Florida Department of Highway Safety and Motor Vehicles said that texting contributed to nearly 200 crashes in Florida last year. And the National Safety Council said that texting contributes to over 100,000 crashes per year in the U.S.

The law goes into effect on October 1, 2013. A first-time offense carries a $30 fine and is a nonmoving violation. A second violation within 5 years of the first carries a fine of $60 and is a moving violation.

Regardless of the state of the law, drivers as individuals need to take personal responsibility for their safety. This means not only the careful and judicious use of cell phones and other electronic devices in cars, but also defensive driving to protect oneself against the ever-present threat of others’ unsafe driving.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills personal injury attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

When child custody is contested in a Florida divorce, a qualified evaluator, usually a psychologist, may either assigned by the court or selected by agreement between the parents with the help of their attorneys. This evaluator is paid by the parties and can be very expensive. The evaluator’s duty is to help the court determine the child’s best interest, which is the primary legal concern in all matters having to do with children in Florida divorces. Because the evaluator works for the court, and not for the individuals involved, nothing the parties divulge to an evaluator psychologist is subject to doctor-patient privilege. Of course, everything you say to your family law attorney is strictly confidential.

A typical custody evaluation includes: two to three interviews with each parent and each child; observation of interaction between parents and children in the evaluator’s office and potentially in the home; psychological testing as necessary; and interviews with third parties including teachers, day care providers, and pediatricians. Custody evaluators look for indications of the quality of parent-child relationships, including bonding, ability to get along, parenting skills, signs of alcohol or drug abuse, and the physical and mental health of the child.

When you are with the custody evaluator, treat it like a job interview. Be punctual with your appointments and put your best face forward. Be sincere and honest and avoid sounding defensive when answering questions. When you are asked about your spouse, stick to the facts.

When it is time for your children to be interviewed, explain to them that they will never be asked to choose between parents and everyone involved is working together to figure out the best parenting schedule. Use your judgment with respect to the child’s age to determine how much explanation and detail is prudent. Avoid the temptation to coach them on how to answer questions, which would reflect very badly on you if the evaluator found out.

If you are in a divorce in which child custody is contested, an experienced divorce attorney is invaluable in helping you prepare for a child custody evaluation. Legal representation protects your interests.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a divorce attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

To that end, the Social Security Administration (SSA) encourages its administrative law judges (ALJs) to hear between 500 and 700 claims each year – they call the numbers a “goal.” But some judges claim that the numbers constitute an unlawful “quota.” And now the judges are taking the SSA to court.

The Association of Administrative Law Judges (AALJ) recently filed suit on behalf of 1400 of its members, claiming that the SSA’s expectations cause them to have to improperly rush evaluations. It also creates an incentive to approve cases because approvals are faster than denials. This leads to the potential approval of claims that should be denied, which results in greater fraud, abuse, waste, and expense to taxpayers, the judges say. Their specific legal allegation is that the agency’s directive violates the Administrative Procedure Act and the Social Security Act. They also claim, contrary to the agency’s statements, that judges who do not hear enough cases are subject to reprimands, “counseling,” and “threats and intimidation,” according to the lawsuit.

SSA Commissioner Michael J. Astrue, who was appointed by President Bush, stepped down in February, 2013. President Obama has not yet named a successor – the agency is currently headed by acting commissioner Carolyn Colvin, a former secretary of the Maryland Department of Human Resources. Judge Randall Frye, president of the AALJ, says a lack of permanent leadership may be contributing to the problem.

“One way to protect the treasury and help deserving claimants is to end the quota system,” Frye said. “However, an acting commissioner may not feel that she has the authority to make the necessary changes and correct problems.”

Meanwhile, the Disability Insurance Trust Fund, from which disability benefits are paid, is currently paying out more than it is taking in. It is projected to reach zero in 2016. If that were to happen, it would result in an immediate 21 percent cut in benefits to nearly 11 million Americans with disabilities.

Disability insurance, like most government programs these days, faces intense budgetary pressures. Even in good economic times, ALJs will scrutinize disability claims to make sure taxpayer money is not wasted. If you are disabled, it pays to have an experienced Social Security Disability attorney on your side to get you the benefits you deserve in a timely manner.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a social security attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Both spouses are equally responsible for debts incurred during a marriage. A divorce settlement will divide the debts between the two parties, but creditors can still attempt to collect from either spouse. If your spouse doesn’t stay timely with his or her debt payments, creditors will come to you to make up the difference.

Say you and your spouse got divorced and split your debts, and then your ex-spouse filed for bankruptcy. You are still responsible to the creditor for the entire debt. However, the divorce agreement is a judgment that you can use to force your ex-spouse to pay his or her share.

In order for both of you to be free of the debt, you must both declare bankruptcy. If you do so, your debt burden will decrease, but your credit will suffer. If you decide instead to pursue legal action against your spouse, your credit will remain intact, but you will both have to make good on the debt. Either option will incur its own legal fees.

For this reason, divorcing couples who anticipate either or both parties struggling to stay current with debts are well-advised to weigh all their divorce and bankruptcy actions at the same time. It may be prudent to declare bankruptcy jointly before divorce.

Filing fees for individual and joint bankruptcies are the same, and attorney fees are likely to be much lower for a single joint bankruptcy than for two individuals bankruptcies. If filing for joint bankruptcy before divorce, be sure to let your attorney know that divorce may be in your future. It could represent a conflict of interest for the attorney to represent you both in bankruptcy.

Exemptions allow you to protect certain assets from going to your creditors during your bankruptcy. In Florida, couples filing joint bankruptcy are allowed to double many exemptions.

A Chapter 7 bankruptcy is a liquidation to discharge your unsecured debts. A Chapter 7 can usually be completed within a few months. Therefore it is a viable option even if you are definitely planning for divorce.

A Chapter 13 bankruptcy, on the other hand, is a plan to reorganize your debts and repay your creditors under court supervision. A Chapter 13 often lasts several years and is therefore probably better filed after divorce.

In order to file Chapter 7 bankruptcy, your household income must fall below certain limits. The limit for a joint bankruptcy is not twice that of individual bankruptcy – it is usually only a bit higher. Therefore, if both you and your spouse are gainfully employed, it may be necessary to get divorced before filing Chapter 7 bankruptcy.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The program is Social Security Disability Insurance (SSDI), and as the NPR series “Unfit For Work” described, its payroll, after sharp growth in recent years, now numbers over 14 million. This growth is in spite of medical advances and laws banning employment discrimination based on disability.

NPR reporter Chana Joffe-Walt found that declining real wages, a stagnant economy, and limited employment opportunities create powerful incentives for disabled workers to seek SSDI. She visited Hale County, Alabama, where nearly a quarter of working-age adults are SSDI beneficiaries. There, openings for jobs not requiring physical labor are almost completely unattainable for many due to a lack of education. The states with the highest percentages of disability beneficiaries are also the states with the lowest percentages of college-educated population, including West Virginia, Alabama, and Mississippi.

Joffey-Walt also visited the family of a 10-year-old boy with a learning disability in the Bronx. That disability makes him eligible for $700 per month in Social Security, the family’s primary source of income. If Jahleel were to completely overcome his disability and excel in his education, it would threaten his family’s livelihood. The story illustrated the conflicting motivations some families with benefit income struggle with.

A group of eight former Social Security Administration (SSA) commissioners wrote an open letter to the public responding to the NPR story. The commissioners pointed out that analysts at the SSA had predicted the current uptrend in SSDI’s growth for decades. Two demographic swells combine to account for the majority of the growth in SSDI: the baby boom and the influx of women into the American workforce in the 1970s and 1980s. These groups are now entering their high-disability years.

The letter added that the growth in children receiving Supplemental Security Income (SSI) benefits is due to the nationwide growth in poverty. Less than four percent of low-income children receive SSI benefits – a figure that has held steady, according to the commissioners.

Advocacy group the Consortium for Citizens with Disabilities (CDC) also published an open letter shortly after the story aired. They called attention to the strictness of the eligibility requirements, saying only about 40 percent of adult applicants are approved.

SSDI ensures the livelihood of millions of Americans, but has swelled at an eyebrow-raising rate in recent years. Congress may reform the program in the coming years to help those on the margin remain gainfully employed. But they must take care to ensure the economic security of the most vulnerable Americans.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a social security attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.