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Opponents of Permanent Alimony in Florida Increasing in Numbers

admin — Thu, 28 Feb 2013 18:02:29 +0000

Most married people hope that their marriage will last forever.

Divorcees in some states, however, have learned that even if a marriage does not last forever, alimony sometimes does.

Under permanent alimony, one party to a divorce makes payments to the other until either party dies or until the payee remarries. Many payees therefore elect not to remarry even when in long-term relationships.

In some cases, there are good reasons for alimony to be permanent, as even opponents of the system agree. For example, spouses with disabilities that prevent them from working are often awarded permanent alimony. But in some cases, it may seem very unfair for one person to pay for a failed marriage for life while the other receives a subsidized lifestyle.

Because permanent alimony continues through retirement, some seniors are forced to relinquish a portion of their Social Security income to a former spouse who may also be receiving Social Security plus alimony.

Many states have done away with permanent alimony, or at least reformed it, but Florida is among a group of states where it is still awarded regularly. Others include New Jersey, Vermont, North Carolina, Oregon, Connecticut and West Virginia.

The law was created in a time when women rarely went to college or had lucrative careers, instead focusing primarily on child-rearing and homemaking duties. Permanent alimony was viewed by most as necessary back then. Now, the need for it is far less clear, and opponents of the law are increasing in number.

Many opponents are high-income individuals in relationships with divorcees who are payers of permanent alimony. They often find that if they marry their partners, their income could go to their partners’ former spouses.

One proposed reform would have the duration of alimony limited to half that of the marriage. For example, a marriage that ends in divorce after twenty years would result in alimony payments for no longer than 10 years – presumably enough time to get back in the workforce.

Another unintended consequence of current alimony laws is that it may limit the desire of the payer to achieve greater income and wealth. When a payer expands his or her business or earns a promotion, the payee may take his or her ex-spouse back to court and attempt to have their alimony payments raised.

The work incentive of the payee, of course, may be lessened by permanent alimony as well, according to opponents.

A bill to end permanent alimony is expected to reach a vote in the Florida legislature early this year.

Joshua Law is a Tampa divorce lawyer and Brandon family law attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/

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Those In Financial Crisis Have Choices To Reduce Or Eliminate Their Debt

admin — Tue, 15 Jan 2013 22:51:03 +0000

There is more than one way to reduce or get rid of debt. Those options may not work for everyone.

There are quite a few options for debtors looking to reduce or get rid of their debt load. For instance, there is debt consolidation, debt settlement and Chapter 13 bankruptcy protection. If the debtor chooses debt consolidation, they take out a loan that covers all of their debts, and then repay them with one single payment each month.

Debt settlement is an arrangement where the debtor agrees with the lender to pay a portion of their debt back. The down side to this scenario is that they typically need to find the money to make a lump sum payment to creditors. This is difficult if the debtor is short on funds. Also, in many cases any debt forgiven can cause income tax problems for the debtor.

A debtor may also choose to file a Chapter 13 bankruptcy, in which they draft a three- to five-year repayment plan that repays their creditors some portion of their debts. While these options may work for some people, they may not for everyone. All of them have one thing in common though: a consistent income. For those that do not have a consistent income, the unemployed or underemployed, this is a problem, which is why it is a good idea to discuss bankruptcy with a qualified Brandon bankruptcy lawyer.

Those so deeply in debt that they have no other options may, wish to consider filing a Chapter 7 bankruptcy. By and large, Chapter 7 is the one people most commonly file in the U.S. today. It eliminates a large number of unsecured debts like payday loans, personal loans, credit card debt and medical bills. Chapter 7 does have many advantages, such as the automatic stay, and the fact they are protected by the U.S. Bankruptcy Code — two benefits that remain in place during the whole process of filing for bankruptcy from start to finish.

The bottom line is that bankruptcy, and which Chapter to file under, is usually a personal choice, based on a debtor’s financial circumstances. No two cases are ever alike, and comparing what the neighbor did with what your situation is like is pointless. Talk to an experienced Brandon bankruptcy lawyer. Find out what options are available in your situation. They are intimately familiar with the process and what rules and regulations you need to follow to successfully file for bankruptcy.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

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Debt reaffirmation is common in Chapter 7 bankruptcies

admin — Tue, 15 Jan 2013 22:47:15 +0000

These days, debt reaffirmation has become quite common.

When it comes to reaffirming debts, this typically refers to secured debts, such as a mortgage or car loan, not the usual debts of unsecured credit cards or medical bills. Because each person’s debt situation is different, they should consult with a Brandon bankruptcy lawyer to determine if filing for bankruptcy protection is what they need to do in light of their present financial circumstances.

The general rule of thumb in declaring bankruptcy is people should let go of their house if it is clear they cannot afford it. However, if their debts have been wiped out in a Chapter 7 bankruptcy discharge, they may be able to afford a house. It used to be that loan security was to be found in the object – a car or house. These days, lenders seek a debt reaffirmation agreement with a debtor filing for bankruptcy protection. In fact, some bankruptcy trustees demand these reaffirmations be submitted to the bankruptcy court.

Deciding what to keep and what to let go for a Chapter 7 bankruptcy is difficult, and it is for this reason that a debtor would be best advised to consult an experienced Brandon bankruptcy lawyer about their options. There is a different answer for every bankruptcy case; even more so in today’s shaky economy.

Facing a decision to let go of a home is traumatic, but in some instances, needs to be done. Prior to making that decision though, most bankruptcy attorneys suggest to their clients that they try and foresee the near future, in terms of the value of their property. At the moment, real estate is still on the decline, but does the market indicate a revival around the corner? Decisions like this are difficult to make based on a guesstimate of the housing market.

If the market looks like it will be depressed for some time to come, the best decision may be to let the house go in the Chapter 7 bankruptcy process, but this needs to be discussed with a competent Brandon bankruptcy attorney.

Another item that most bankruptcy attorneys speak to their clients about is buying a vehicle — one that is affordable, particularly if they are deep in debt with their current financing. What happens if they are in a bind financially, and they cannot afford their vehicle any longer, is that the lender usually repossesses it, at their expense. If the bankruptcy has already been discharged, the lender may also choose to pursue legal action to recover damages.

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Bankruptcy Law in the United States Has Developed Over Time

admin — Thu, 30 Aug 2012 22:25:40 +0000

Bankruptcy law in the United States has gone through many changes, most recently in 2005 with the passage of a law that tightened restrictions on people filing for Chapter 7 bankruptcy. But that is only the latest development in a set of laws that are almost as old as the nation itself.

The United States Constitution gives Congress the power to create laws regarding bankruptcy, a concept received from English law. Article I of the Constitution provides that Congress may make “uniform laws on the subject of Bankruptcies,” and the body first made use of the power in 1800, passing a law that applied only to traders and was strictly an involuntary procedure. It was repealed three years later.

American concepts of bankruptcy law were incorporated into the 1833 Roberts Treaty with Siam, but voluntary bankruptcy in the United States did not develop until 1841. Bankruptcy law developed further in the 19th century, leading to the passage of the Bankruptcy Act of 1898, which is the basis of modern bankruptcy law.

The Bankruptcy Act of 1898 is also known as the Nelson Act, after Senator Knute Nelson of Minnesota, who was instrumental in enacting it. The Nelson Act provided the first lasting legislation that allowed companies to protect themselves from creditors.

In 1938, the Chandler Act superseded the Nelson Act, providing greater access to the voluntary system and improving the position of debtors. Under the Chandler Act, the Securities and Exchange Commission became the body responsible for administrating bankruptcy law.

In 1978, major changes were made by the establishment of the Bankruptcy Code, also known as the Bankruptcy Reform Acto of 1978. Several changes were made to the law, the most important of which was establishing bankruptcy courts. The new courts were essentially free-standing, though under the auspices of federal district courts. This raised Constitutional questions of judicial authority in the 1982 case of Northern Pipeline Co. v. Marathon Pipe Line Co., which were not resolved until Congress acted again in 1984.

Further reforms were enacted in 1986, making changes in the law as it applies to family farmers, and in 1994, altering provisions of bankruptcy law that apply to the mortgage banking industry.

The most recent development in bankruptcy law is the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act. The new law tightened restrictions on Chapter 7 filings by consumers, though some may use Chapter 13 instead. The law was thought by many to be a victory for the banking and credit card industry, which lobbied heavily for the changes.

Today, after centuries of reform, bankruptcy law still provides significant protections for debtors.

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Credit Can Be Rebuilt After Bankruptcy

admin — Sat, 07 Jul 2012 22:48:32 +0000

Among the greatest fears for people considering filing for personal bankruptcy protection is that their credit will be ruined. Bankruptcy filing do affect credit ratings and it will be more difficult to be approved for things like car loans and home loans for a time, but there are steps that can be taken to mitigate the impact that bankruptcy has on a personal credit score.

A personal credit score is the way that creditors figure out whether they want to loan money to an individual. A credit score will affect whether a person gets a car loan or a student loan and it can affect rental agreements and even job applications. A bankruptcy can remain on a credit score for 10 years.

A variety of agencies will want to see the credit score before making a decision about a person – especially with regards to a financial transaction.

Since bankruptcy is inevitably going to have an effect on the credit score, there are a few things that can be done to improve it and move the number back up quickly.

• Review the score. Individuals can review their credit score for free once a year. It is important to look over all of the things that may have popped up on a credit score annually. Mistakes can happen and it those mistakes could hurt the score even if they are not true. It also is important to keep an eye out for fraud. IF someone sues a social security number illegally, it can emerge on a credit score and damage the rating.

• Be diligent about bills. Paying bills on time every time is the simplest and most efficient way to build better credit.

• Apply for new credit. Most people get rid of all of their credit cards when they file for bankruptcy. After the bankruptcy has been discharged, it is smart to apply for another credit card to be used sparingly and always paid off. This will help begin to build positive credit again.

• Avoid scams. Since there are hundreds of thousands of people filing bankruptcy and beginning to try and repair their credit, there are agencies preying on the vulnerable. It is important to investigate thoroughly any agency that offers to help repair credit. Many are expensive and there is nothing they can offer that cannot be accomplished with diligent, mindful attention to personal finances.

Filing for bankruptcy will have a negative effect on a person’s credit rating, but the credit score can be rebuilt with patience and hard work.

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Custody Disputes are not Always about Children

admin — Wed, 04 Jul 2012 17:42:40 +0000

Custody issues in divorce court are generally about parents fighting over control of a minor. However, children aren’t always the object of a dispute.

A married couple that has one or more child may choose to end their relationship, but both parties generally want to continue their role as a parent to their child or children. As each party tries to have more involvement with the child’s life, custody battles are born.

In recent years, the divorce courts have seen an increase in another custody dispute, custody of the family pet. As the two spouses go their separate ways, they may not agree on who gets the dog, or where the cat sleeps. The spouse that always fed the dog may argue against the one that always walked it, in an effort to prove who is the better “pet parent”.

In situations where all parties want to maintain a relationship with the family pet, they should consider what is best for the animal. A large, hyper, dog may not be a good fit for the new small apartment where one of the spouses has moved. Additionally, the spouse that works long hours may be subjecting the cat to long hours of solitude, perhaps too much even for a cat.

The couple has a variety of options that are very similar to the solutions presented to parents in child custody disputes. It’s all about what’s best for the pet, and how to give more pet owners as much involvement as possible.

Joint custody of a pet is a popular choice, as it gives both parties the ability to have the pet in their home for agreed upon amounts of time. This allows the pet to be an active part of both lives. Sole custody with visitation, would allow one person to have the animal reside with them permanently, while the former spouse retains the option of visiting. This agreement is not always limited to visiting the animal within the home, usually the animal can be taken to a park, beach, or walk on a regular basis.

While no pet is safe from a custody battle, the American Academy of Matrimonial Lawyers reported that 90% of pet custody disputes involved dogs. They also have reported a 25% increase in pet custody disputes in recent years.

Couple should consider the age and health of a pet, before establishing any sort of custody arrangement. An older dog may not be able to easily travel from one home to another, or go out to parks, or long walks, for visitation.

During a divorce and custody battle, have an experienced divorce attorney to walk you through the process and help avoid costly mistakes. The future of your family is being negotiated, and the results can affect every member of the family.

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How Bankruptcy Leads to Savings

admin — Tue, 03 Jul 2012 17:40:41 +0000

People are often afraid of the negative consequences of bankruptcy. But the positive side is being debt free, with the ability to rebuild your savings.

A significant number of U.S. bankruptcies are related to medical expenses, and most are due to unforeseen circumstances. A tragedy in the family, loss of work, and unforeseen home repairs that weren’t covered by a family’s insurance provider, are a few examples.

When an honest debtor is looking at their bills and seeing a negative difference between what they have and what they owe, they may feel embarrassed about filing bankruptcy. It is true, credit will have to be rebuilt after a discharge, but the cost of blemished credit is often far less than servicing debt.

Median credit card debt is $3,000 in the U.S. (We will cover average credit card debt in a moment.) If that debt is carried on a card that already has a high interest rate of 18%, that credit card will have a minimum monthly payment of $75/month. If a card holder pays $75/month consistently they will have that balance paid off in 62 months. The bank will take in $1,615.87 making the effective interest rate 53% of the loan’s value.

However, many people are not able to continue with a fixed payment and adjust their paid amount with the minimum payment. The minimum payment of course gets lower as the balance is paid down.

Under the same scenario where a card has a $3,000.00 balance and 18% interest rate, a borrower paying only the variable minimum payment will pay off that balance in 18.5 years. They will make 222 payments and pay $3,923.08 in interest. That is an effective interest rate of 130% of the loan’s value.

When things get tight, that is when families need access to as much of their income as possible. Filing bankruptcy could eliminate all unsecured debt and free up monthly income. Once the bankruptcy is complete and the family is back on their feet, they can begin servicing their own savings account rather than credit card debt.

While credit card debt is on the raise, personal savings is not.

The average family has $3,800.00 in savings whereas the average U.S. family has $15,956.00 in credit card debt. Eliminating credit card balances now can help shift the balance back to a family’s safety net and away from servicing debt.

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Students May Get to Discharge Student Loan Debt in Bankruptcy

admin — Mon, 02 Jul 2012 17:40:31 +0000

If the Fairness for Struggling Students Act becomes law, private student loans could be included in a personal bankruptcy.

As student loan debt reaches record highs, many students are getting buried by their loan payments before making it into the job market. Tuition and the exploding growth of private for-profit schools has led to many students graduating with a $25,000 or greater debt to carry.

Most government-backed loans are exempt from being discharged in a bankruptcy. This is true with government-guaranteed student loans, and the Struggling Students Act will not change the current laws related to federal student aid. However, the proposed legislation would allow individuals to discharge student loan debt from non-government and for-profit lenders.

The ability to discharge student loan debt is nothing new. In fact, the inability to discharge for-profit education debt is only seven years old. In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act was passed and signed into law. Upon closer examination, the law did more to protect banks and lenders than consumers.

It was with the Bankruptcy Abuse Prevention and Consumer Protection Act that borrowers lost the right to include their for-profit student loan debt in a chapter 7 bankruptcy. Three years after that legislation was passed, the employment rate and recession put a strain on many people,e which was only magnified by having to carry excessive student loan debt, even after a successful bankruptcy.

The bill does not try to simplify or expedite the bankruptcy process, but rather allow for-profit student loans to be discharged in a personal bankruptcy, as they were prior to 2005.

For the bill to become a law, it would have to be ratified between the U.S. House and Senate. The bill is still being debated in the Senate, and has not yet been put to a vote. Should the Senate pass the bill, it will go to the U.S. House of Representatives and if passed, be sent to President Obama’s desk to sign.

Neither President Barack Obama, nor Republican Presidential Candidate, Mitt Romney endorsed the bill. Until a reversal of the 2005 restriction on for-profit student loan debt is successfully enacted, individuals will be unable to discharge the burden of their student loan.

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Art Collections Deserve Special Attention When Estate Planning

admin — Mon, 30 Apr 2012 18:30:09 +0000

As the market has abused those with substantial real estate holdings or stock portfolios over the past several years, many who hold their wealth in art find that their collection has become a substantial part of their estate.

Sometimes, children want pieces of a collection, but many times they do not or they want pieces that have significantly different values.

Putting children in charge of selling an art collection that they did not collect and do not know much about can create problems for the estate. The children parsing a valuable art collection could be forced to spend time and money understanding the value of a collection that the collector should have documented and settled long before passing it along.

A conversation with an estate’s beneficiaries needs to be open and honest. Children and grandchildren who are not in a similar financial place as their parents may fear that inheriting a $2 million art collection will affect the amount of cash they inherit.

An important first step is to determine whether the beneficiaries want the collection at all. If the pieces are large or require extra insurance, they may be more of a burden on children or grandchildren. If each of the beneficiaries wants a smaller, less valuable piece, then the rest can be donated or sold upon the owner’s death. All of this can be arranged beforehand so that the beneficiaries understand what will happen and will be less likely to squabble over the details. They also will not be saddled with the financial responsibility of determining the value of the pieces and finding a company to auction them off.

Children also may be naturally drawn to art with drastically different values. Managing the difference is something that should happen early in the estate planning process.

It is almost always a bad idea to allow children to try and “share” a piece of art. Whether it is a valuable musical instrument or a statue or a painting, sharing valuables usually ends with strained relationships.

Collections that should stay together can be tricky to handle if there are multiple beneficiaries to consider. If it makes sense to keep the collection intact, then selling it intact may be the best option unless there is a beneficiary who wants to keep it and the rest of the estate can be balanced to make up for it.

Putting the art in a trust can be considered just like people do with real estate as long as everyone stars on the right side of the IRS.

Art can be a beautiful thing to pass from generation to generation. It can be a more contentious piece of the estate because there are values combines with emotions. People will get every bit as emotional about artwork that they will about a piece of property or a vintage automobile.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon estate planning lawyer, call 813.654.5777 or visit Brandonlawoffice.com.

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Estate Planners Must Understand Online Assets

admin — Thu, 22 Mar 2012 21:45:40 +0000

A significant part of estate planning in the 21st Century is managing digital information. In the old days, estate planners could go through the paperwork on somebody’s desk upon their death or simply wait for the mail to bring all of the final statements.

Those days have passed. Many people planning their estates today keep track of more accounts digitally than they do with paper. This means people planning their estates must provide passwords and a thorough list of all digital assets.

Passwords can be tricky. Most professional estate planners do not want to be responsible for the passwords of the living. If someone hacked into a client’s account, there would be no way to prove where the hacker got the information. Some estate planning attorneys suggest keeping a list of digital accounts and the passwords to those accounts in a home safe or a safe deposit box. If the passwords change, then it is imperative to change the notes stored in the safe.

The range of information stored digitally will continue to grow. From professional photographs and manuscripts to domain names and other online documents, people have a great number of assets stored electronically now. Managing that information is important so that value and wealth is not lost.

An estate planner needs a comprehensive list of assets and liabilities stored digitally because he or she will need to know what potential value and liability exists and where it is. A fiduciary will need the correct power of attorney to administer the estate and find the passwords to access the digital information.

Estate planners look at passwords as keys. For example, they do not need the keys to a client’s car in order to execute a will, but they need to know where the keys are kept.

Many times, survivors are unaware of the assets and liabilities stored in the computer of the deceased. Trade secrets or other sensitive information could be left on a computer and donated. If that computer is compromised, then the estate could be liable for the information left on the computer. Likewise, a survivor might not know about domain names registered by the deceased that would be instantly valuable to a buyer.

People putting together an estate plan must disclose the estimated value of the information they have stored digitally. Estate planners may not know what to look for if the client does not outline all of the assets. This will help the fiduciary manage the estate accurately.

It is important to hire an attorney with estate planning experience. Today’s tech-savvy clients should look for estate planning attorneys who understand the challenges to planning in a digital world.

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Florida Courts Dump Struggling Foreclosure Mediation Program

admin — Wed, 21 Mar 2012 21:44:58 +0000

Florida’s statewide mediation program for residential foreclosure cases did not survive 2011. In less than three years, the program that some hoped would address the crushing number of foreclosures in the state produced a dismal record of helping people or solving problems.

In dumping the program, Florida Supreme Court Justice Charles Canady wrote, “The Court has reviewed the reports on the program and determined it cannot justify continuation of the program.”

A statewide report produced in January 2011 showed barely six percent of homeowners engaged in the mediation program were able to resolve their mortgage problems, according to the Palm Beach Post. The state study revealed that mediators were able to contact borrowers referred to them by the courts less than half of the time. Among those contacted, barely a third bothered to come in for a session.

There are 20 Circuit Courts in the state. Only seven of those courts were included in the report. Some had not been using the program long enough to have results that could be studied.

Mediation experts told the Palm Beach Post that many borrowers may have ignored the solicitation from court mediators because they already had a deal worked out with their lender. Other borrowers may not have replied because they were simply overwhelmed with letters and phone calls or they left town.

The mediation was paid for by the banks at $750 per case, but the borrower had to take foreclosure counseling and divulge all of their financial information. That proved to be a stumbling block for the program because many borrowers did not want the bank to know that much about their finances, according to the story in the Palm Beach Post.

Possible settlements through mediation included short sale, deed-in-lieu of foreclosure or, in a best-case scenario, a loan modification. By most accounts, the program failed to provide financial relief to homeowners and it struggled to move logjammed foreclosure cases through the system.

The chief justice’s order included a reiteration that the court’s job is “prompt and efficient administration of justice.” To that end, the order included language that said Circuit Court judges must “…adopt or employ any measures permitted by statute or court rule to manage pending and new residential mortgage foreclosure cases, including referral of cases to mediation on a case-by-case basis.”

The fate of the short-lived program had been known for months. According to the Miami Herald, a task force of judges recommended ending the program in October because of its poor success rate.

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Filing Becomes Important As Estate Tax Laws Change Even If Widows Do Not Owe Money

admin — Mon, 30 Jan 2012 17:43:24 +0000

A new portability clause in the American tax laws is good news for estate planning but likely cannot be relied upon permanently.

The provision allows a surviving spouse to claim any exemption not used by their deceased spouse on their own estate tax return. Since the exemption in 2011 was $5 million, a widow left with a $3 million estate owes no taxes. But then when the widow passes, the remaining $2 million can be added to the same $5 million ceiling. This means the widow’s estate is exempt for up to $7 million, according to Forbes.com.

This portability of estate exemption is simple compared to the tax maneuvers some estates attempt to avoid these taxes, and it was praised by tax lawyers upon signing. Unfortunately, the portability option concludes at the end of 2012, so it is only helpful to people who happen to lose a spouse in this calendar year.

In rare cases, someone who is terminally ill could use the portability option but even then it’s still guesswork. The new law also complicates taxes for the surviving spouse if he or she decides to remarry one day.

So, while the sentiment from Congress was well-received in the estate law community because it addresses one of that group’s significant concerns, the portability provision is almost unusable because it sunsets so quickly, according to Legalnews.com.

For now, the portability option will mean lots of paperwork for the IRS. As Congress’ new rules mean fewer estates have to pay taxes, the new law encourages more estates to file tax returns even if they don’t owe, according to Forbes.

So all surviving spouses this year have to file an estate tax return regardless of whether they owe or they lose the portability option forever. Estates have nine months to file an estate tax return and many miss that deadline.

Legislators could agree in 2012 to extend the portability provision in the estate tax law, or they could rewrite the whole thing. Forbes reported that the President has proposed bringing the estate tax laws back to where they were in 2009 when there was a $3.5 million exemption and a 45 percent tax rate.

Congress is notoriously unpredictable when it comes to drafting estate tax law. In late 2009, the U.S. Senate failed to vote on a bill that would have fixed a scheduled expiration of the tax. That meant there were no federal taxes on estates in 2010, according to Businessweek.com.

At the end of 2010, Congress passed the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act. This is the law that brought the exemption to $5 million and introduces the portability option.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon estate planning lawyer, Tampa estate planning lawyer, or Tampa probate attorney, call 813.654.5777 or visit Brandonlawoffice.com.

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Proposed Alimony Changes in Florida Would Dramatically Alter Divorce Law

admin — Mon, 23 Jan 2012 18:16:46 +0000

The debate over proposed alimony laws in Florida that would drastically change the divorce landscape is heating up before the Legislature begins the 2012 session.

Orlando Sentinel columnist Scott Maxwell analyzed the proposed Florida House and Senate bills in a mid-November article claiming the bill would benefit “…wealthy men who cheat on their wives.”

A pro-reform group called Florida Alimony Reform claims the Sunshine State’s laws are draconian and out-of-touch with modern society. According to the group’s website, “Because of [antiquated] laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”

Versions of the bill were introduced by State Sen. Miguel Diaz de la Portilla of Miami and State Rep. Ritch Workman of Brevard County, both Republicans. Maxwell pointed out in his column that Workman introduced the bill only about a week after his own divorce became final.

The proposed law would dramatically affect family law. HB 549 and SB 748 both have provisions that limit alimony’s duration as a function of the length of the marriage. “Lifetime alimony” is a sticking point among proponents of change. The new law could end alimony upon reaching retirement age and cap alimony at 20 percent of the payer’s income.

Workman admitted in Maxwell’s column that the cap would likely be removed. Some have called it unconstitutional.

The proposed law would allow people currently paying alimony to petition the court to modify their agreement based on the new law and would prohibit the use of a payer’s new spouse’s income as part of a judgment.

Workman told Maxwell the Florida proposal was inspired by and modeled after sweeping reforms passed by the Massachusetts Legislature this past summer. The highlight of the Massachusetts law is limits to the length of time alimony must be paid. But now divorced spouses in Massachusetts can have their payments ended by a judge if they move in with another partner even if they do not get remarried.

The Massachusetts law also has inspired proposed legislation in New Jersey. News outlets including ABC News and the Huffington Post are covering the trend of state alimony reform.

If the Florida bill were to pass with the provision that allows courts to look at previously decided judgments, it opens the doors for many cases to get a fresh look.

Workman told Maxwell he has already reconsidered some parts of the bill. The Florida Legislature begins its 2012 session Jan. 10.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.

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New Probate Laws Open the Door to More Florida Lawsuits

admin — Tue, 27 Dec 2011 15:54:32 +0000

New laws went into effect in Florida this fall that change the way estates are divided in the event that the deceased did not leave a will and offer opportunity for descendants to have the will reinterpreted by the courts.

In most cases, the spouse of the deceased will be left with everything after all of the debts and taxes are paid. This changes the old Florida law that split the estate among the surviving spouse and the surviving children.

In the event that the deceased had children who are not descendants of the surviving spouse, they will now get half of the remaining estate, according to Florida law.

These rules could mean an increased number of lawsuits filed by family members who claim to know the intent of the deceased despite the lack of a will. Since the laws changed, wills that had not been amended since the new laws went into effect will come under closer scrutiny.

The two most significant changes to the law concern the change in the surviving spouse’s inheritance and the court’s ability to change a will if someone presents a case that the will does not represent the intent of the deceased.

If the deceased had no will, then the surviving spouse now will inherit the entire estate if all of the children belong to both the deceased and the surviving spouse. Previously, the surviving spouse would get $60,000 and the other monies would go to the rest of the estate. Portions of the old law continue to apply if there is a surviving child outside of that marriage.

The other significant change in Florida probate law that went into effect this year allows the court to change the will – even if it was unambiguous – if the interested party can prove the intent of the deceased was different from what was in the will.

This could potentially open the doors to many new lawsuits. The law change even says, “In determining the testator’s original intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will.”

Probate in Florida includes paying the debt of the deceased as well as taxes and, in some cases, funeral expenses. This occurs before the family or other heirs receive their inheritance. Often this process takes as long as a year (or more) and is handled by Florida circuit courts.

An experienced attorney can help put together a will that serves the exact wishes of a client. But that will needs to be revisited annually to make sure that it is still up to date. In many cases, the attorney can develop an estate plan to minimize probate or avoid it entirely.

Brandon estate planning attorney Reginald Osenton has experience helping clients develop wills, trusts, living wills and power of attorney documentation. He also has experience in helping clients avoid probate, or in helping family members probate estates throughout Florida.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon estate planning lawyer, Tampa estate planning lawyer, or Tampa estate planning attorney, call 813.654.5777 or visit Brandonlawoffice.com.

The post New Probate Laws Open the Door to More Florida Lawsuits first appeared on SEONewsWire.net.

Five Tips to Surviving the Holidays When Splitting Child Custody

admin — Tue, 13 Dec 2011 15:52:22 +0000

The holidays can be a stressful time for a family in even the best years. But when a family has broken up, the tension can strip all joy from the season.

A divorce can be emotionally exhausting and can make the holiday season practically unbearable. All of this can be unfair to the children of a divorce. But there are some things to keep in mind as the holidays approach that can help calm the storm.

Here are five tips to help your children enjoy the holidays and help you survive through January.

1. Have a strategy. As much as possible, plan out where everyone will be and when so that your children will know what to expect and the other parent can plan his or her schedule as well. Be on time with planned phone calls and pick ups and drop offs.

2. Stay connected. Keep in touch with the other parent so that you are not overlapping gifts or giving the children presents that are forbidden to have. It is important to know what is going on with the children when they are not with you in order to be a good parent to them when they are with you.

3. Focus on the children. Remember that the children like parties and presents and seeing their cousins that they only get to see a couple of times a year and they should get to enjoy that. Try to surround young children with things that they know – especially if this is the first holiday since the divorce.

4. Be positive. It will hurt your ability to negotiate with the other parent if it gets back to them that you have been speaking unkindly about them. Since your family will be around the children, too, remind them to stay positive about your children’s other parent in front of the kids. It may be your dad’s instinct to make remarks about the other parent under his breath. Or it may be in your sister’s nature to want to discuss all of the details of how the marriage ended. But it is your job to tell your family that all comments about the family around the kids need to be upbeat.

5. Start some new traditions. Your children will miss the old traditions you had as a family. That is natural and you may miss them, too. But use this as an opportunity to start some new celebrations. Let your children help to design some of these new holiday rituals so that they can take some ownership of them.

Tampa divorce lawyer Joshua Law is an experienced child custody attorney at Osenton Law Offices.
O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon child custody attorney, Tampa divorce lawyer, or Tampa family law attorney, call 813.654.5777 or visit Brandonlawoffice.com.

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The Best Interests of a Child Are the Most Important In Divorce Proceedings

admin — Fri, 25 Nov 2011 18:55:41 +0000

In contentious divorces, it often feels like one spouse is overpowering the negotiations about child custody and the visitation schedule. That parent will make it seem like the other parent is not caring, does not have time for the child, and does not provide enough, even if these things are not true. In part, this is why it is important to have a skilled divorce attorney to represent you and what you truly do to be an active parent in your child’s life.

Family law judges consider many things when they decide on child custody matters. They want to take into account all the factors that lead to the best interests of the child. This includes:

The child’s age
The child’s current routine with school and activities
The child’s preference, particularly if they are in their teenage years
The potential emotional and social impact of the custody arrangement
Any special medical or educational needs
A parent’s lifestyle, stability, financial status, and health to provide for the child
The current child-parent relationship

Sometimes a judge will request that a guardian ad litem, custody evaluator, mental health professional, or a social worker should evaluate the parents and child to provide the family law courts with the best recommendation for the child. Once a decision has been made, this will affect the child custody and parenting agreement. It is important to get clarification regarding any parts of these documents that are unclear to you as a parent. Months and years down the road, you do not want to be accused of violating these orders because something was vague and you could not quite meet the requirements that were laid out.

Violating the child custody or visitation orders can cause you to be in contempt of court, allow the other parent to have “make up” visitation time, and can even involve the guilty parent having to pay for attorneys’ fees or face jail time. Parents are allowed to modify these agreements as the child grows and various life events necessitate a modification of the custody or parenting schedule. What is most important is to work out any future changes with your ex in a rational manner. Withholding visitation to get back at your ex hardly does any good as your child then becomes caught in the middle of the crossfire.

Brandon child custody attorney Joshua Law is with Osenton Law Offices, P.A. in Tampa Bay and as a children’s rights lawyer, he looks out for the child’s best interests in divorce cases. If you need a Brandon divorce lawyer, Brandon child custody lawyer, or Brandon family law attorney, call 813.654.5777 or visit http://www.brandonlawoffice.com/.

The post The Best Interests of a Child Are the Most Important In Divorce Proceedings first appeared on SEONewsWire.net.

First Year of Splitting Holiday Custody Requires Careful Planning

admin — Thu, 17 Nov 2011 18:55:32 +0000

The holidays present a unique challenge for the children of divorced couples – especially in the first year. Using an attorney-negotiated schedule for the first holiday season of shared custody is critical.

Children have high expectations and parents inevitably have high anxiety levels. Children will need to be reminded that this is still special time with family and extended family will need to be updated on what’s going on with the custody agreement so that they can help meet children’s expectations.

It is best to stick to the attorney-negotiated holiday custody agreement as closely as possible and take notes on what worked best for you, what the child’s reactions were and how the agreement might be fine-tuned for next year.

Whether your agreement was to split the holidays up in the middle of the day or to give each parent a full day, keep track of how it worked for you and for the child so you can bring it up the next time the custody agreement is discussed. Chances are, discussions of the custody agreement in the moment will only add to the anxiety level.

For example, you can arrange for one spouse to have the children on Thanksgiving Day and for the other spouse to have custody for the weekend after Thanksgiving. If this arrangement did not work well for one child, but was fine with the others, some modifications might be in order. Or maybe you all agreed the children would spend Christmas Eve and Christmas morning with one parent, but Christmas night with the other parent, yet the children felt unsettled by being uprooted mid-day. Again, it is possible to revisit the agreements for next year. In the end, you may collectively decide to handle each holiday differently. Some will be shared while others are rotated annually.

Joint custody holiday schedules are more difficult to maintain than the regular weekly custody schedule that you have all become accustomed to, so it is important to be diligent and punctual for everybody’s sake.

The first holidays after a divorce can be a time for new traditions to start. Encouraging the children to be a part of the beginning of some new traditions will help make the new arrangement special for them.

Brandon child custody lawyer Joshua Law is with Osenton Law Offices, P.A. in Tampa Bay and is also a children’s rights lawyer. If you need a Brandon child custody attorney or Brandon family law attorney, call 813.654.5777 or visit http://www.brandonlawoffice.com/.

The post First Year of Splitting Holiday Custody Requires Careful Planning first appeared on SEONewsWire.net.

Planning Your Life Legacy as an Unmarried Older Couple

admin — Wed, 28 Sep 2011 15:37:48 +0000

Increasing amounts of older, long-term couples are getting divorced. At first, it might seem like they never want to remarry after 20 to 40 years of marriage. As time goes by though, many older individuals find a special someone and decide to live together, but not marry. It is a trend that is gaining popularity.

“It’s understandable, given our divorce rates, why people may want to retire together without having to be married to do it,” said Betty Liu, co-author of Age Smart. “And, as you get older, the focus may not be so much on marriage, as it’s about companionship and having the right partner with you.”

Older people who decide to live with their partner still need to be mindful of their estate plans and what legacy they want to leave to their companion and any children. Oftentimes, these older couples have significant assets such as a house, 401k plans, retirement plans, and particular health concerns.

“But what can be exciting and romantic for an older couple can be nerve-racking for families that have hopes pinned to an inheritance or simply expectations about how money will be handled by a surviving parent,” Smart Money reported.

A qualified estate planning attorney will help their client create a cohabitation agreement that is fair to each partner and is enforceable by the courts. A cohabitation agreement in tandem with proper estate planning will outline financial, health, and property decisions. These documents will clearly define who gets the house, monies, and who will make healthcare decisions in the event the individual is incapacitated. A trust, will, and power of attorney documents can also safeguard your partner’s financial livelihood and give authority to a chosen person to make key decisions in the event that you are unable to do so.

“If you plan with your head instead of your heart, the hardest issues can be mitigated or completely avoided, and you two can just enjoy the good life in your golden years,” said Liu. “It’s a great thing to have more options when you retire and not be boxed in to what traditionally is seen as retirement.”

Without these protections, your significant other could be kicked out of the home you are sharing and not have access to any monies. Attorneys are aware of the pitfalls and hear incidents of how the partner could no longer afford the home or got into a big dispute with the partner’s adult children when no plan was in place. It is also critical to analyze assets, life insurance beneficiaries, and make plans for transferring them to minimize estate taxes.

Every couple has its unique dynamics and financial considerations, so no matter your circumstances expert legal counsel will help with all the documents so that your wishes are planned and defined carefully. In Florida, the Brandon estate planning attorneys and Brandon family law attorneys at Osenton Law Offices help couples achieve their goals and have access to the latest resources to ensure a couple’s legacy. Their expertise and top-notch superior client service makes them one of the Tampa Bay’s best law firms.

For more information:
http://www.brandonlawoffice.com
Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511
Phone: 813-654-5777
Fax: 866-941-5609

The post Planning Your Life Legacy as an Unmarried Older Couple first appeared on SEONewsWire.net.

Brandon Bankruptcy Lawyer Explains Nondischargeable Debts

admin — Tue, 02 Aug 2011 22:56:13 +0000

March through May of this year has been the busiest months for the U.S. Bankruptcy Court in the Middle District of Florida. Tampa’s bankruptcy filings are only second to Orlando’s in the region. As many individuals and families are still dealing with the down economy and deflated home values, bankruptcy becomes the only option to get a fresh start.

The goal of most individuals in a bankruptcy is to eliminate all debt, except for those debts they wish to keep like a car loan or a mortgage. Dependent on a person’s income, the chapter of bankruptcy will be determined. However, regardless of which chapter is used, some debts cannot be discharged. The most common non-dischargeable debts are:

Taxes and fines, including ones you paid through a credit card
Alimony, child support, and other divorce decree debts
Government-backed student loans
Debts not properly listed in the bankruptcy petition
Debts caused by malicious injury, fraud, or DUI
Condo or co-op fees accrued after the bankruptcy filing
An individual is still responsible for these debts and they will continue to increase during the bankruptcy filing and proceedings if unpaid. All other debts can be discharged, thus releasing the individual from personal liability for those debts. Every individual has a different mix of debts and scenarios, so it’s wise to get an experienced bankruptcy attorney to represent you prior to filing for bankruptcy.

In a bankruptcy you’ll need to provide many financial documents as evidence to support your case. Having a skilled bankruptcy lawyer review the documents thoroughly will help your chances of a successful filing. Tax documents, bank statements, paystubs, and other relevant information is needed. Tax records are particularly important, so if you haven’t filed them because you did not have the money to do so, you could be unable to complete a bankruptcy.

Approximately one month after filing your petition, you will attend a meeting of the creditors at the courthouse. Under oath, you will meet with the bankruptcy trustee and your attorney. If any of your creditors wish to appear and ask questions, they may do so, but it most cases no creditor shows. A knowledgeable bankruptcy attorney will help prepare you for this meeting ahead of time. What’s crucial is to be honest, thorough, and adhere to what the court asks of you during the meeting. If you hide assets or falsify your circumstances, your bankruptcy could be challenged.

Brandon bankruptcy attorney O. Reginald Osenton has counseled clients throughout the Tampa Bay area through the complexities of bankruptcy filing and the creditors meeting for more than 20 years. Osenton Law Offices holds free monthly bankruptcy seminars to help individuals and families explore their options.

For more information:

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.

500 Lithia Pinecrest Road

Brandon, Florida 33511

Phone: 813-654-5777

Fax: 866-941-5609

The post Brandon Bankruptcy Lawyer Explains Nondischargeable Debts first appeared on SEONewsWire.net.

Estate Planning Lessons from the Recent Earthquakes and Turmoil

admin — Sat, 14 May 2011 01:04:00 +0000

Unanticipated disasters, such as economic downturns and the Japanese earthquakes and related nuclear problems, point to the urgent need of assessing your estate plan. A complete estate plan addresses your top priorities if you die or become incapacitated. Planning now will alleviate problems later when something happens to you.

Financial planners suggest making a list of assets and the location of bank records, loan details, insurance policies and other vital documents. Good financial planners will refer you to a competent estate planning attorney to plan who will be your appointed heirs or beneficiaries, personal representative (executor), and agent under power of attorney documents.

Charles Schwab, for example, correctly states that only an estate-planning attorney can create a will, trust, power of attorney and other documents to truly carry out your wishes. Legal counsel is particularly important for an individual who has children from a prior marriage or concerns should a surviving spouse remarry. Skilled estate lawyers will also advise when it is best to transfer assets through gifting. Although the recipient will not have gift tax levied on the gift, the donor might. Only a skilled estate-planning lawyer can advise you in such matters.

Poor estate planning will cost you more money in the long run. Although using a will kit or preprinted form might save you money now, your heirs (and perhaps you) will pay more later. For example, probate in Florida is lengthy and expensive, and it adds to the headache your heirs will suffer with when you die. Also, creditors can come after your assets if isn’t protected by the estate documents. Taxes levied on estates can make a huge dent in remaining assets. A good estate plan can minimize costs, creditor claims, and taxes, although in many cases those items cannot be eliminated entirely.

“Family, money and death are a combustible combination,” said author and attorney Les Kotzer, whose book, Where There’s an Inheritance, outlines 80 stories from his law practice and radio show about the ups and downs of estate planning for clients.

It’s unfortunate that sibling and family issues sometimes come to the forefront and cause drawn-out battles. It helps for a parent to already have a plan in place and be specific about who gets what to take the emotion out of the process. And should the finances fluctuate, a person can stipulate, for example, “my favorite charity can get the lesser of $50,000 or 10 percent of my estate”. Oftentimes a trusted family friend or a licensed estate trustee is a better person to carry out your plan, thereby keeping the family intact.

What’s even more concerning than the potential for family squabbles is how many Americans do not have an estate plan. A recent survey showed 44 percent of Americans do not have a will, living will, power of attorney, or trust, and they say the recession has them focusing on only necessary bills.

Estate planning is not just for the wealthy or older people. In just a few meetings, an experienced estate plan lawyer can protect and preserve a person’s wishes. In fact, in most cases Brandon, Florida estate planning attorney Reginald Osenton plans an estate in two meetings – one to discuss his client’s situation and wishes and one to sign the estate planning documents. Osenton has counseled thousands of clients to ensure they have a strong plan in place and update it regularly. Attorney Laurel Tesmer also has counseled many estate planning clients. Osenton Law Offices P.A., is well versed in the latest regulatory and legal developments in estate planning, and they use their experience for the benefits of their clients.

The post Estate Planning Lessons from the Recent Earthquakes and Turmoil first appeared on SEONewsWire.net.

Modern Estate Plans Specify Wishes for Online Identity and Accounts

admin — Thu, 28 Apr 2011 16:57:11 +0000

Most people think about what will happen to their bank accounts, 401Ks, home, and their wedding rings when they pass away.

Gone are the days of keeping mementos in scrapbooks, photo albums, and boxes full of handwritten letters. After all the hours spent creating a Facebook profile and posts or eBay store, have you even thought about what will happen to your online identity in the afterlife? In our internet-overload world, imagine what could happen to your Facebook, Gmail, PayPal, iTunes, and many other accounts. Without proper estate planning, these accounts and even an individual’s finances could be in jeopardy.

People with access or malicious hackers could tap into your accounts and abuse or drain the debit or credit cards associated with them. Many heirs might not even think of this facet of estate planning in the aftermath of a loved one’s death. By the time the perpetrator is discovered it could be too late.

Finding an experienced estate planning attorney in your local area is a big plus. As physical assets and online ones change or accumulate, a good attorney can help an individual prepare for the distribution of assets and who should access chosen websites. Attorneys stay up to date with online tools to assist with convenient password transfers that a loved one wants to leave to a spouse, child, friend, or colleague. This way, digital assets are as safeguarded as life insurance policies, safety deposit boxes, and wills.

Many people will want to be remembered in special ways, so taking the time to think how you want to leave your Facebook, LinkedIn, Flickr, Twitter, or even a blog will benefit you and your family in the event of your death. And what if you had an active eBay, iTunes, YouTube, or PayPal linked site? Individuals would not want their monies, clientele, or reputation to be harmed. Proper planning for every facet of your online presence will ensure your legacy and financial security continues on with the right individual at the helm.

Death is hardly a fun subject to talk about, but in a recent New York Times article, it was estimated that 375,000 U.S. Facebook users die every year. Facebook touts 500 million people use the site worldwide, so this estimate is probably low, but it highlights the growing importance of how your digital assets are handled once you have died. Forward-thinking estate planning attorneys and online tools will have an individual name a digital executor that will receive all directions for what to do with online accounts. This even includes deleting certain accounts one might not want to linger after death.

Most websites, like Facebook and Gmail, will want a copy of a death certificate, proof of power of attorney, and will do their own verifications to ensure the account should be turned to memorial mode or all emails turned over to a designated individual. With so many social networking and online user-created sites, an individual’s identity and wishes for how it should be preserved in the digital age will be a key factor in estate planning for many years to come.

In Florida, for example, Tampa estate planning attorney Reginald Osenton helps clients with every facet of a modern estate plan to secure an individual and family’s health and happiness. He has more than 20 years of experience counseling clients at Osenton Law Offices regarding estate plans to make their wishes known and establish directives for their financial, personal, and health care decisions.

The post Modern Estate Plans Specify Wishes for Online Identity and Accounts first appeared on SEONewsWire.net.

Be Proactive in the Days Following Being Served Divorce Papers

admin — Wed, 16 Mar 2011 18:46:43 +0000

It has been a busy day at work, and after pulling into the driveway, you can see that some papers have been posted on the front door. The kids are tugging at your briefcase and you promptly pull off the papers. All you can do is rush the kids to their game room and take a deep breath to find out what the documents are all about.

Sadly, they show that you have just been served divorce papers. Many separated couples experience this big moment, sometimes as a surprise or as a long time coming. The divorce petition will show what type of divorce your soon-to-be-ex is wanting. Read the standing order very carefully as it will outline what the court expects. Be sure to keep the original document in a safe place, and make copies if you want to jot down notes.

Starting a divorce journal and calendar can also be helpful as you face the proceedings head on. Write down any questions and important notes and facts that have occurred. Also, make note on the calendar any important deadlines and what you do in the course of a week for the kids. Many summons set a deadline of 20 days to answer and an individual must file an answer in the court file prior to that deadline. Otherwise, your soon-to-be ex could file for a default in the divorce case.

Be sure that the divorce petition also has a case management order; immediately call the clerk’s office if you did not receive one to make sure a court date and any hearing notices are set.

Getting an experienced family law attorney on your side early on will dramatically help your case. Some divorces can be resolved quickly, but others can take a year or more. A divorce lawyer will be your personal advocate and assist with paperwork, the overwhelming emotions, and best plan for the next chapter of your life.

Osenton Law Offices, P.A. assist clients in a wide array of legal issues including divorce, child custody, alimony, visitation and time sharing agreements, and modifications. Their lead Brandon family lawyer, Laurel A. Tesmer, Esq., is experienced in helping individuals and families through the tough times of a divorce. Even amicable divorces involve a flurry of documents and hearings, so it takes competent legal counsel even if you are just in the initial stages of a divorce.

The post Be Proactive in the Days Following Being Served Divorce Papers first appeared on SEONewsWire.net.

Osenton Law Office Dedicated to Educating Clients about Bankruptcy and Divorce Decisions

admin — Tue, 15 Mar 2011 18:45:35 +0000

Brandon, Fla. – When a spousal bankruptcy adds another layer of difficulty to an upcoming divorce, it is best to get an experienced lawyer involved. If only one spouse declares bankruptcy it must be very clear who is responsible for which finances. Spouses who have most of the debts in his or her name can file more easily than if debts are in both names.

It is important to clearly know what belongs to each spouse and what is considered marital property. The divorce proceedings will outline which spouse is responsible for each asset, debt, bill and property. Many individuals have found that if they do not declare bankruptcy with their spouse, they could be responsible for some of these bills. And if any inheritances are expected in the near future, these must be factored into the bankruptcy.

“Bankruptcy can give the individuals a fresh start financially,” said Laurel Tesmer, Brandon bankruptcy and family law attorney. “Doing a bankruptcy before a divorce can make the process smoother and less expensive.”

Bankruptcy should be completed before a divorce and joint credit cards, homes and mortgages, and asset exemptions do increase by filing together. Bankruptcy will eliminate loans that are a big burden, such as car loans or home mortgages in real estate markets that are underwater.

Chapter 7 bankruptcy will eliminate unsecured debt in about 90 days and resolve debt issues. To qualify for Chapter 7, individuals must show they cannot make even partial repayments to creditors. On the other hand, Chapter 13 bankruptcy will make both spouses responsible for the repayment plan for a period of three to five years. It can prevent the division of assets some spouses would want by selling them.

Overall, a bankruptcy before the divorce can prevent costly and stressful delays. It is important to keep in mind that filing a bankruptcy before a divorce can have negative effects as well There is the potential that one spouse, if filing after the divorce, could meet the income requirements to file a Chapter 7 bankruptcy which does not require a repayment plan. If both spouses are to file together then both incomes are counted and this often puts them into a joint Chapter 13 bankruptcy. Additionally spouses will have to consider that in filing a joint Chapter 13 bankruptcy, they will be committing to a joint Chapter 13 payment plan for the next five years.

Whichever version of bankruptcy is filed will grant an automatic stay that will guard against any collection activity, including harassing calls from collection companies, garnishments and foreclosures. An individual’s credit score will drop but with future years of being able to not have a mountain of debt and more savings can increase a credit score after bankruptcy. It is paramount to pay all bills on time after a bankruptcy and open up secured credit lines over time to re-establish credit.

“We are ready to advise clients on what is the best way to proceed from a bankruptcy to a divorce,” Tesmer said. “This is one of the most difficult experiences in life and individuals deserve to know all their options and how it will affect their future.”

The post Osenton Law Office Dedicated to Educating Clients about Bankruptcy and Divorce Decisions first appeared on SEONewsWire.net.

The Complexities Of A Testimony From A Child Could Outweigh The Benefits In A Divorce Case

admin — Wed, 16 Feb 2011 00:16:10 +0000

Brandon, Fla. – In 2011, almost half of all kids in America live in divorced or separated families. When parents go through a divorce, many of them ask if their child or children can testify or speak to the judge as part of their child custody case. In Florida, a family law judge can weigh the preferences of the child when it comes to timesharing or parenting plans, as the best interests of the child are mostly focused on.

Children who are under 18 might not be allowed to testify as a judge could determine that their age and maturity levels will not be admissible in court. And sometimes they will deny the parents’ requests if the judge and attorneys do not have the qualifications or training in these matters.

“The court could choose to appoint a guardian ad litem, parent coordinator or order a parenting plan evaluation,” said Laurel A. Tesmer, Esq. a Brandon, Fla. divorce and family law attorney at the Osenton Law Firm. “It is extremely important to speak to a knowledgeable attorney to weigh each scenario and analyze the way it could affect your child custody case.”

Having children testify should be the last resort in court, as it will rock their emotions and put them between their mother and father. Courts want to maintain the child’s mental health, security and future emotional well-being. Insisting that they testify could hurt the custody petition more than it could help. If a child’s testimony cannot be avoided, the child will most likely be taken into the judge’s chambers as it is a less threatening environment than being in the middle of a courtroom.

The younger the child, the less weight will be given to his or her testimony. And if it is clear that the parent the child picks to live with is not capable of financially or emotionally taking care of the child, the court can override the child’s decision.

“Parents can become very self absorbed when their marriage starts to crumble,” Tesmer said. “Children need steady, consistent supervision and need their parent to stay calm and focused even when this big stressor is weighing on them. You need a sensitive and competent lawyer to help you start the next chapter of your life.”

Osenton Law Offices counsel parents in child custody cases with tenacity and compassion in Tampa and Brandon, Fla. They are experienced in a broad spectrum of divorce matters, including divorce, child custody, alimony, stepparent adoptions, visitation and time sharing, enforcement and contempt proceedings, and modifications.

To learn more visit, Brandonlawoffice.com.

The post The Complexities Of A Testimony From A Child Could Outweigh The Benefits In A Divorce Case first appeared on SEONewsWire.net.

Email Spying Could Equal Big Consequences

admin — Tue, 15 Feb 2011 00:15:50 +0000

Checking your spouse’s e-mail in secret could have big consequences when filing for divorce. Take Leon Walker, a Michigan man, who is scheduled to go on trial February 7 on criminal charges of accessing the family computer to log onto his wife’s e-mail account to see if she was cheating on him. If he is convicted, Leon could face up to five years in prison and a $10,000 fine.

Walker contends that he had a right to use the computer as he bought it, and that she kept her passwords in an address book by the computer. Leon felt that he had a right to read her e-mail to check that their child and stepchild were safe as he had a feeling that she was having an affair with her second ex-husband. (Leon is the third husband.) Clara, Leon’s wife, had no idea he read her e-mail until it entered divorce proceedings.

Florida divorce attorneys and their clients are paying attention to this case as it will be interesting to see if the jury deems his actions a privacy violation instead of a criminal one. There is also the fact that she was having an affair prior to him checking the e-mails, so it changes the situation in this family law case.

Leon admitted that his wife did not know he used her e-mail account prior to it being discussed in the divorce proceedings, so Clara claims she never gave him verbal authorization to access it. Just because the computer and passwords were readily available does not automatically grant access to checking the e-mail whenever a spouse would like, her lawyer asserts.

Leon’s lawyer says he is inappropriately charged under a statute that applies to computer hackers who are after money or causing damage, not looking at a spouse’s e-mail account. Secretly checking a spouse’s electronic communications may violate state and federal wiretapping statutes such as the Wire and Electronic Communications Interception and Interception of Oral Communications Act, 18 U.S.C. §§ 2510 et seq. And in the Florida case in 2005, O’Brien v. O’Brien (Fla. 5th Dist. Ct. App. 2005), those types of intercepted communications were barred as evidence.

When a marriage has come to this point of infidelity, snooping and a question of child custody, a knowledgeable attorney can help with the emotional and financial challenges ahead.

You will have a much more favorable divorce settlement if you are proactive and can focus on what is best for your children.

The post Email Spying Could Equal Big Consequences first appeared on SEONewsWire.net.

The Ins and Outs of Income Testing for Chapter 7 Bankruptcy

admin — Thu, 02 Dec 2010 19:56:07 +0000

If you are looking to file for Chapter 7 bankruptcy, one of the things you need to pass is the median income test. The median income test – and its companion, the means test – is a formula that is used to determine whether or not the person seeking to file has enough money to make payments to creditors.

If so, they must file for Chapter 13 bankruptcy instead of Chapter 7. These tests were added in 2005 when the bankruptcy code was amended to stem the tide of Chapter 7 bankruptcies.

Testing Details

If you want to file for Chapter 7, or liquidation bankruptcy, it is necessary to measure your monthly income figure against the median income for your household size in your state. As long as your income is not greater than the median income, you typically are eligible for filing Chapter 7 bankruptcy.

In Florida, the current median income is (as of October 2010):

-$41,079 for a one-person household

-$52,073 for a two-person household

-$58,366 for a three-person household

-$68,763 for a four-person household

If your income is greater than the median income, you have to be able to pass the means test to continue with Chapter 7.

The means test looks at how much of your income is disposable. To determine this, required debt payments and certain expenses are subtracted to find out whether you would be able to complete a Chapter 13 bankruptcy, which is a restructuring of debt. If your disposable income each month falls below a certain threshold, you will be able to file for Chapter 7 even if your income is higher than the median income level for your state. If not, you will have to file for Chapter 13 bankruptcy.

The means test can be complex. There are many factors that can affect the outcome of a means test, such as family size and living expenses and write-offs such as charitable contributions and insurance policies.

For more information about the means test, and how it impacts your particular situation, contact an experienced bankruptcy attorney.

The post The Ins and Outs of Income Testing for Chapter 7 Bankruptcy first appeared on SEONewsWire.net.

Osenton Says Individuals With High Debt May Wish To Consider Chapter 11

admin — Wed, 01 Dec 2010 20:00:53 +0000

When considering personal bankruptcy, most people consider Chapter 13 and, even more so, Chapter 7. But there is another popular chapter, too: Chapter 11.

“Although originally intended for businesses, individuals can be required to file for this chapter if their debt exceeds the limits of Chapter 13 bankruptcy,” said Reginald Osenton of Osenton Law Offices in Brandon, Florida.

Currently, the limits of Chapter 13 bankruptcy are $1,081,500 for secured debt and $360,525 for unsecured debt. The threshold changes every three years in proportion to the Consumer Price Index.

Chapter 11 bankruptcies can be more advantageous in some cases for individuals. Here are some examples of how:

-Chapter 11 has no debt limits, unlike Chapter 13. As more and more consumers have taken advantage of larger amounts of credit that are being extended, this is an important point.

-Chapter 11 gives the debtor more freedom because there usually is no trustee appointed. This also saves the cost of having to pay for a trustee. There is also more flexibility with proposing a repayment plan.

-Debtors have the ability to modify their secured debts. With Chapter 13 cases, it is necessary to wait a certain length of time before the loan of an item can be reduced to the current value of the product. But with Chapter 11, there is no time limit. So that motorcycle that was purchased 14 months ago and is currently worth less than its loan? It can be reduced to the bike’s present worth.

For Businesses

Chapter 11 bankruptcy is also used by businesses. When a company is going out of business, Florida law provides a process for liquidation. But in the case of businesses that want to continue operating, Chapter 11 can help.

“Chapter 11 helps a business restructure its secured debts so they sometimes are extended and lowered. Also, there are no debts that are considered dischargeable,” Osenton said.

For individuals who are considering filing for Chapter 11 for business or personal reasons, or for information on another form of bankruptcy, it is important to speak with an experienced attorney who can answer any pertinent questions.

To learn more visit, http://www.brandonlawoffice.com.

The post Osenton Says Individuals With High Debt May Wish To Consider Chapter 11 first appeared on SEONewsWire.net.

Understanding Chapter 20 Bankruptcy

admin — Wed, 01 Dec 2010 19:55:36 +0000

There are a host of bankruptcy codes out there, and some people have heard the term “Chapter 20” bankruptcy.

What is it?

Well, there is no such thing as Chapter 20 in the official bankruptcy code. What “Chapter 20” refers to is the combination of filing for Chapter 7 and receiving a discharge, then later filing for a Chapter 13 to take advantage of the benefits of both types.

Chapter 20 filings were recently limited during the Bankruptcy Reform Act of 2005, which made it less easy to file for successive bankruptcies. The amendments limited the public to filing for Chapter 13 every two years. Also, you cannot file for Chapter 13 unless four years have passed since filing for Chapter 7.

To better understand Chapter 20 filings, it is first important to understand what chapters 7 and 13 are all about.

Chapter 13 is essentially a restructuring of your debt. The consumer works with the bankruptcy trustee on a payment plan, which usually takes place over a 3- to 5-year period. The disadvantage is that you are not immediately relieved of massive debt, but it offers greater protection of your assets.

During a Chapter 20 filing, people file for Chapter 7 to dump their unsecured debt and then file for Chapter 13 to pay off their remaining debt.

Although there are limitations on Chapter 20 filings since the 2005 amendments, securing a 3- to 5-year repayment plan of debts not discharged in the Chapter 7 filing can give a debtor more time to pay off dischargeable debts and avoid collection actions.

If you have bankruptcy questions, it is important to speak with an experienced bankruptcy attorney who can figure out how to best take advantage of bankruptcy laws for you.

The post Understanding Chapter 20 Bankruptcy first appeared on SEONewsWire.net.

How Do I Know If I Should File for Bankruptcy?

admin — Wed, 13 Oct 2010 02:35:58 +0000

Filing for bankruptcy can be a daunting task, to be sure. There will be lots of questions about how to actually file the paperwork, what type of bankruptcy will be best and what the lingering effects of this action will be.

First, it’s important to ask whether this is the answer to your financial problems. Filing for bankruptcy is a serious decision and should only be undertaken if there are no other alternatives. Having a bankruptcy on your credit file can affect buying a house or car in the future and will remain on your records for years to come.

“To file, the U.S. Bankruptcy Code also requires that a filer obtains some credit counseling from a court-approved counseling agency before submitting a bankruptcy petition,” said Reginald Osenton of Osenton Law Offices in Brandon, Florida.

The next step is to determine what type of bankruptcy is right for your situation. There is Chapter 7 bankruptcy, which offers immediate relief, but it is not available to all debtors under bankruptcy law. The other alternative is Chapter 13 bankruptcy, which is a restructuring of debt typically over a 3 to 5 year period.

While there are some people who file bankruptcy paperwork without the assistance of an attorney, this is highly discouraged. Bankruptcy is a serious and complex matter that can have ramifications for years to come. It is best to seek an expert attorney on this decision.

The lawyer should meet with you to go over your options and financial matters. If your initial meeting is with a paralegal or assistant, and not an attorney, you should seek another law firm. After discussing your situation, the attorney should inform you what the legal fee and court costs would be to proceed.

Once you retain a lawyer, refer all creditors to him or her. After you file the bankruptcy petition, the court will set the first meeting of creditors, which is a time for the bankruptcy trustee and creditors to ask you questions about your case. In most cases, this is the only time you will appear in court. The creditors then have a certain time period to respond to your request of a discharge or restructuring of debt.

Again, choosing to file for bankruptcy is a serious matter. “It is imperative to seek the advice and guidance of a competent attorney with experience in bankruptcy,” Osenton said.

To learn more visit, http://www.brandonlawoffice.com.

The post How Do I Know If I Should File for Bankruptcy? first appeared on SEONewsWire.net.

How Bankruptcy Affects Spousal and Child Support

admin — Wed, 13 Oct 2010 02:33:22 +0000

Consumer bankruptcy filings for the first half of this year are currently at record levels. There is evidence to suggest that a good number of these scenarios include divorce situations where a spouse is receiving or paying for child support and/or alimony.

Think filing for bankruptcy will absolve child or spousal support payments? Not so.

“Child support payments and spousal support payments generally cannot be discharged in bankruptcy,” said Reginald Osenton of Osenton Law Offices in Brandon, Florida. “This means that a parent who owes child support cannot usually escape meeting those obligations, no matter whether it is Chapter 7 or Chapter 13 bankruptcy.”

Section 523 of the United States Bankruptcy Code states that an individual debtor may not be discharged from debt “to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement.”

Spouses who file for bankruptcy often are behind in support payments. Bankruptcy law even mandates that the nonpaying spouse be among those creditors first in line to be paid. Nonpaying spouses are also to be kept apprised of the status of the bankruptcy proceedings.

“But there are some exceptions, however,” Osenton added. “Discharges in spousal or child support may be granted if the debt, for example, is assigned to a third party such as the state or federal government.”

With the rising number of bankruptcies this year, there is more concern than ever about how this will affect child/spousal support payments. According to the Administrative Office of the U.S. Courts, the number of total filings is up 14 percent during the first half of 2010 when compared to the first half of 2009.

The above information about bankruptcy and how it can impact child and spousal support obligations is offered as general advice. If you are currently experiencing difficulty in either paying or receiving child support or alimony, however, contact your divorce attorney for more in-depth advice and counseling.

To learn more visit, http://www.brandonlawoffice.com.

The post How Bankruptcy Affects Spousal and Child Support first appeared on SEONewsWire.net.

Stats Show Increase in Bankruptcy Filings for Consumers

admin — Sat, 09 Oct 2010 02:27:05 +0000

The number of U.S. bankruptcy filings is reaching new heights.

According to the Administrative Office of the U.S. Courts, the total number of bankruptcies filed during the first half of this year jumped 14 percent over the same period in 2009. There were 810,209 filings from Jan. 1 through June 30 this year and 711,550 last year.

There have never been this many filings in the first half of a calendar year since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was created to form more stringent rules for filing.

“Bankruptcy continues to be the last resort for many Americans seeking financial relief from household debt, unemployment and the economic downturn,” said ABI Executive Director Samuel J. Gerdano in a statement. “The first half 2010 filings show that bankruptcies are on pace to surpass 1.6 million by year end.”

According to the Administrative Office of the U.S. Courts, filings by individuals or households with consumer debt increased 15 percent to 781,150 for the six-month period ending June 30, 2010, from the 2009 first-half total of 681,217. Consumers filing for chapter 7 protection increased 17 percent to 571,417 during the first half of 2010 from 489,128 during the first six months of 2009. Consumer chapter 13 filings increased as well, rising 9 percent as 208,778 consumers filed for chapter 13 in the first half of 2010 from 191,458 during the first half of 2009.

Conversely, however, business bankruptcy filings decreased 4 percent for the six-month period ending June 30, 2010. Specifically, the total number fell to 29,059 from the first-half 2009 total of 30,333. The biggest decreases came from Chapter 11 business reorganizations.

While business bankruptcies seem to be slowing, the increased number of consumer bankruptcies clearly shows that average individuals are still reeling from the economic slowdown.

There are many things to consider when contemplating filing for bankruptcy. It is best to talk to an experienced attorney about your options and the repercussions of taking such an action.

The post Stats Show Increase in Bankruptcy Filings for Consumers first appeared on SEONewsWire.net.

The Differences Between Chapters 7 and 13 Bankruptcy

admin — Sat, 09 Oct 2010 02:21:36 +0000

More than likely you probably know someone who has filed for bankruptcy. After all, in 2009 alone there were some 1.4 million people who sought a fresh financial start.

But what are the differences between the two different types of bankruptcy filings?

Usually when people talk about bankruptcy, they are specifically referring to Chapter 7.

Chapter 7 seeks to relieve someone from a debilitating amount of debt while liquidating as few of their possessions as possible. This is also called straight bankruptcy. Unsecured debts such as medical expenses and credit cards typically do not have to be paid back. Secured debt does, however, if the debtor intends to keep the asset securing the debt, like a car loan. This is accomplished through a reaffirmation agreement, a contract between the debtor and the lender for repayment of the loan in exchange for keeping the asset.

The benefit of filing for Chapter 7 is that you are relieved from a large portion of debt in a speedy manner, while also benefitting from a court order that bars collectors from harassing you for payment over the phone, via e-mail or in person. The downside to Chapter 7 is that in some cases your valuables are liquidated.

To file for Chapter 7, one must pass the median income test. The median income test, and its companion, the means test, is a formula that is used to determine whether or not the person seeking to file has enough money to make small payments to creditors. If so, they must file for Chapter 13 bankruptcy instead of Chapter 7. These tests were added in 2005 when the bankruptcy code was amended to stop the onslaught of Chapter 7 bankruptcies.

If you “fail” the median income test and means test, you must file for Chapter 13, which is essentially a restructuring of your debt. The consumer works with the bankruptcy trustee on a payment plan, which usually takes place over a 3- to 5-year period. The disadvantage is that you are not immediately relieved of massive debt, but many people prefer Chapter 13 over Chapter 7 because it offers greater protection of your assets.

Whatever option is chosen, it is important to discuss these matters with an experienced bankruptcy attorney.

The post The Differences Between Chapters 7 and 13 Bankruptcy first appeared on SEONewsWire.net.