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Jeffrey W. Smith

Don’t Ignore Your Divorce Agreement – Even in The Summer

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OLG LEGAL COMMENTARY:
Jeffrey W. Smith, Attorney

While summertime is typically that jovial part of the year when families get together to travel on trips near and far, sometimes for weeks at a time, that is not necessarily the case for the millions of families with children that have gone through the divorce process.

Unfortunately, this time of year — similar to when the December holidays roll around — tends to bring angst, anger, and hostility between the divorced spouses, mostly because one or both parties wish to take their child(ren) on vacation with them for extended periods of time … and the other party is hesitant, anxious and/or not willing to allow that to occur.

As an attorney with The Orlando Law Group, I see this quite often. When divorcing, parents will hopefully come to an agreement on a “parenting plan,” [otherwise the fate of the time that parent will have with their child(ren) will lie in the hands of a judge] that will include what time and dates each parent is scheduled to spend with the children and over which holidays, summer and spring break. At that time, agreements get put in place. For example, “Both parents will get 15 consecutive days with the child(ren) in the summer,” and “each party has to notify the other by May 1st of each year as to what those dates are and will be,” or “In the odd years Mother’s dates will take preference and in the even years Father’s dates will be given preference.”

These detailed agreements are put in place so that there are no surprises for either divorced spouse and to help the families plan and prepare in advance so as to have more enjoyable, quality time together. And, for the most part, they are guidelines that are put in place by both parties amicably.

Even with a Divorce Agreement, Problems Can Arise

However, very often, even though there is a divorce agreement in place, come each May, November, December and March the arguments still tend to arise. “What do you mean the kids are going with you for two weeks straight? I cannot be without my child for two weeks in a row? Three weeks? A whole month? What do you mean I don’t get to see them for however many days we agreed on?”

When the reality hits that, yes, summertime is here and, yes, the other parent is, indeed, taking your child — their child — away on vacation, many people tend to panic. They suddenly do not recall their divorce agreement. They suddenly do not care to recall their divorce agreement.
And so the unhappy parent will then try to prevent the other parent from exercising the agreed-to time sharing agreement.

I have had clients beg for me to go in front of a judge to plead their case because “it would devastate their child if they were apart from one another for two whole weeks.”
I have had clients tell me that the other parent is not good for their child(ren), and therefore should not be allowed to have them for vacation time.

I have had clients tell me that the child(ren) does not want to go with the other parent, so therefore they shouldn’t have to.

Here is the thing, — these divorce agreements are in place for a reason. They are there to ensure that both parties — the divorced husband and the divorced wife — get a fair amount of time with their child(ren), as agreed upon by both parties. This is necessary to ensure that the children maintain a meaningful, quality relationship with both parents.

Unless there is a material, substantial and unanticipated change in circumstances [or, on the very rare occasion, an “emergency,” defined as the imminent physical harm to the child, or the parent is threatening, or is attempting to remove the child from the jurisdiction of the court, e.g. State of Florida] to go back in front of a judge, then you must follow the divorce agreement that you entered into, agreed upon, and signed.

This is why, when going through divorce and creating a parenting plan, the plan should be as detailed as possible. Make it so it protects both parents, to where each parent, when the child(ren) is away, gets to know where they are going, where they are staying, how long they will be gone, when they will be coming home, who they will be with, what numbers they can be reached at, etc.

But please remember, parents, it goes both ways. One parent cannot and should not expect the other parent to provide that information, and yet not themselves have to do the same.

And Remember This, Too: You are Not Alone.

I speak from experience. As a divorced parent, I was one who did not want my daughter gone for such an extended period of time. I heard the cries from my daughter of not wanting to go, of not wanting to leave me, and it hurt.

So when that holiday, summer, or spring break rolls around, think twice. Do not make it worse on your children by adding unnecessary stress and discontent to a situation that was not only agreed to by you, but also is a time for the child to enjoy and grow that relationship with the other parent, it’s their vacation too.

In the rare event that you feel there may be a material, substantial and unanticipated change in circumstances that would warrant a modification of your parenting plan, or, if you honestly believe your child may be in imminent physical harm, or the other parent may be fleeing the State of Florida with the children, by all means, contact an attorney.

But it is your job and, in fact, your obligation to put your children first and above any disagreements you may have with your ex-spouse.

I know, easier said than done. But for the sake of your children it, nonetheless, must be done.

** Attorney Jeffrey W. Smith’s areas of practice with The Orlando Law Group include veteran law, family law, estate planning, general civil/business litigation, and social security disability. To contact Smith, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394. **

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senior couple meeting real estate attorney

Three Reasons to Hire an Attorney

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There are many factors you should consider before hiring a lawyer. The truth is that law is a complicated matter. Some legal matters such as fighting a speeding ticket do not necessarily require you to hire an attorney. However, if you are charged with driving under the influence (DUI) or other serious crimes, you should hire legal help as soon as possible. Legally binding contracts and agreements have a great deal of legal jargon that you might not understand. Hiring an attorney to assist you in these contracts can save you a lot of money and prevent future complications.

While legal situations vary from person to person, to follow are 3 reasons why you should seek legal representation:

  1. It can save you money. Fees vary from lawyer to lawyer, but most of the time attorneys will provide you with a free initial consultation. During the first meeting, you can evaluate the potential benefit of hiring a lawyer and further discuss what it will take to reach the goal of that particular challenge or project.
  2. A good attorney will negotiate your settlement. An experienced lawyer who truly comprehends the law and your situation can properly assess how the case might resolve at trial. However, sometimes attorneys can negotiate with the other party and come to a fair settlement and avoid it all together.
  3. Lawyers know the procedures. If you are not a lawyer, you will lack the knowledge necessary to properly fill out or file the court documents. Failing to do this or meet the required deadlines will put your case in jeopardy as it can either be delayed or completely dismissed.

While there are many “legal” tasks you can tackle on your own, it’s best to consult a professional in-order-to ensure you do not have to worry about unexpected issues later.

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Coffee Shop Meeting

How to Manage Without a Formal Office

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The new workplace isn’t really a place, it’s more a state of mind. You jump from meeting to meeting, talk over lunch, pitch over drinks, and create a “pop-up office” anywhere that has a place for your laptop or tablet, and of course Wi-Fi. For some who think smart logistically, you will manage to schedule full days to work solely at home, and other days where you move from meeting to meeting. Or, better yet, park yourself in a location, with coffee of course, and have your meetings come to you. We do suggest, however, that you purchase coffee or food, as those establishments have a business to run too.

If you want to succeed in this new frontier of business, being flexible in terms of time and space is vitally important. To follow are some key points that will help you steer in and around this territory:

Remain Charged
Is there an outlet you can plug into? Even if you’re at seventy percent – do it! The worst time to not have a fully-powered laptop is during a client meeting. And you can’t have your phone die when that unplanned conference call dial-in number gets texted to you. Whenever you have the chance to charge your devices, don’t miss it. You should also keep a portable charger in your bag for emergencies.

Do You Know the Hot Spots?
If you’ve already been practicing the impromptu office, you know the importance of free Wi-Fi and a calm place to work in-between meetings. Keep yourself organized by making a list of your favorite coffee shops, restaurants and hotel lobbies where you can tuck away in a corner and get 20-60 minutes of work done during downtime. This really helps when your local gathering place is too packed to be productive.

Create a Functional Work Bag
This is your office. You will want your laptop (or tablet), laptop plug, cell phone plug, headphones, toothpaste, toothbrush, lipstick (if it applies), cardigan (some places can be quite chilly), safety pin, hand cream, stain stick, Shout Wipes, breath mints, toothpicks, notebook, pen, pencil, mini deodorant — and that’s on a light day. Don’t go crazy, but just know that the day you don’t pack something is the day you will desperately need it.

Be Ready to Tackle AM and PM
There may be meeting-packed days that will go from scrambled eggs to cocktails, so you need to find outfits that can work all day long. If you’re a male, a solid suit. For women, this task is a bit more difficult. Great advice is that you can “always bet on black”. A little black dress lets you look professional during the day, and glamorous at night if you dress it up with sparkly jewelry.

Be Prepared to Pilot
Map out your day in advance. The worst feeling is to be crisscrossing town from one meeting to another, never knowing if you’ll make it on time. Having a solid plan of attack allows you to not get unnerved by those unexpected challenges and hurdles that tend to get thrown in your way. There are great apps to help with that. If you’re really organized, you will use the app as you actually plan the meetings so that it makes, even more, sense logistically.

These are just a few tips to help you be more prepared and less frazzled. As always, we’re here to help you navigate even the murkiest of waters so that you can focus on your business.

So, go forth business warriors! This is the way business moves. Find your best way to move along with it.

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Are Your Board Meetings Effective?

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How to make your board meeting more productive

Many board meetings are actually “bored” meetings. Leadership brings together their board members only to quickly present the material so they can get back to their “real” work. Without realizing it, you’re doing the company a disservice as the value of your board, if you have the right people, can be a tremendous source of insight and solid advice. The board’s job is to review the company’s financial performance and strategy and help provide counsel to the executive team. It’s up to you to manage them effectively.

Some boards are highly functional, many are not. Sometimes dysfunctional boards are a result of having investors who don’t really understand their role on the board or have the right skills or experiences to be helpful. Sometimes poorly run boards are a function of the executive team not knowing how to get the most out their boards.

To follow are some thoughts on how to make your interactions with your board more productive.

Communicate Frequently and Proactively

Do you wait until the actual meeting to correspond with the board? We advise that you send the board short, to the point, update emails at least monthly, especially if you meet quarterly or even less frequently. This keeps the board in-the-loop and does not give them the opportunity to come to their own conclusions about what is going on. Plus, you will be top-of-mind to people that matter and they will feel comfortable advocating on your behalf. Discussions Versus Presentations Many board meetings become really long slideshow presentations where management takes the board through pages and pages of financial results and plans. Send the presentation ahead of the meeting and instead use the time to have an open discussion on the key points.

Do you wait until the actual meeting to correspond with the board?

We advise that you send the board short, to the point, update emails at least monthly, especially if you meet quarterly or even less frequently. This keeps the board in-the-loop and does not give them the opportunity to come to their own conclusions about what is going on. Plus, you will be top-of-mind to people that matter and they will feel comfortable advocating on your behalf. Discussions Versus Presentations Many board meetings become really long slideshow presentations where management takes the board through pages and pages of financial results and plans. Send the presentation ahead of the meeting and instead use the time to have an open discussion on the key points. Your goal should be to have open dialogue with your board and take advantage of their expertise and experience.

Distribute Financial Information Prior to the Meeting

Financial information should be sent out 72 hours before a board meeting. If you send it out the night before, you’re practically guaranteed that it will not be read before that morning’s meeting. Remember, these are busy people too. Focus on Solving Strategic Issues Instead of wasting your time walking the board through financial information they should already be familiar with it. Spend your time walking through a few key decisions you’re trying to make and get their input on the topic. Set this expectation up front and your meeting will be more targeted towards results. Boards will only discuss the information you provide them and will mostly get off track if your agenda or your management style allows them to.

A Call Before the Meeting

If possible, have a quick call a day or two prior to the meeting with key members who will be reporting. This ensures you are up-to-date and onboard with what they will be presenting. This also helps you to create the agenda. Never be surprised at a board meeting. If you’re surprised at a board meeting it’s on you.

They Talk the Talk, Are They Walking the Walk?

Many things get decided at board meetings. If you took away actions — follow up. If a board member agreed to do something, hold them accountable. As with most meetings, much progress is squandered by lack of follow up. Lack of follow-up could put a real damper on progress and the board members who are living up to their promise on a particular task will become frustrated.

Meet in Person When Possible

There are times when you need to offer some board members the option to call-in to a meeting. That’s fine every now and then, but that usually results in people falling off the call, or becoming distracted. There is no way they’re as productive when it’s just voice. Also, having a well-functioning team with a high degree of trust in each other and confidence in each other’s opinions is critical to a successful board. And you simply can’t build relationships on the phone.

No Cell Phones Please

Help them be their best selves by banning electronic devices if you want a productive meeting. Schedule a 15-minute break in the middle of your meeting and inform people that there will be sufficient time to check in on their email during the break. Obviously, there are exceptions if they have something mission critical going on that might pull them away. But this should be the exception, not the rule.

Be Realistic With the Time Needed for a Meeting

If you’re trying to “get through your deck” and get back to work, then an hour is plenty. If you truly want input, discussions and relationships, schedule accordingly. Build Social Relationships Amongst Your Board Members We’re all so busy, but at least once or twice a year, schedule something that is purely social. We find it’s effective to hold a board meeting prior to the “social event” as they’re already together as a group.

Boards take work. But the best boards are super critical to your success and you get out of them what you put in.

If you have any questions about forming a board, or making the one you have even better, please feel free to schedule a consultation with one of the outstanding attorney’s at The Orlando Law Group PL.

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concealed handgun permit application

What factors can disqualify me from obtaining a concealed carry license in Florida?

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The qualifications necessary for an individual to be able to obtain a concealed carry license in the state of Florida are found in Fla. Stat. 790.06. For purposes of obtaining a concealed carry license, Fla. Stat. 790.06 defines concealed firearms and/or weapons as handguns, electronic weapon or devise, tear gas gun, knife or billie club but, does not include machine guns. If you are successful, your concealed carry license will be valid throughout the state of Florida for a period of seven (7) years.

To qualify for a concealed weapons license in Florida the applicant must:

  1. Be a resident and citizen of the United States or a permanent resident alien of the United States;
  2. Be at least 21 years old or older;
  3. Not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
  4. Not be a convicted felon; (unless your right to own and possess a firearm was restored by executive clemency);
  5. Have not been “committed” for drug abuse, found guilty of any drug crime or had an adjudication withheld for any drug crime, all within the last three (3) years from the date of your application;
  6. Not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
  7. Not been adjudicated an incapacitated person under Fla. Stat. 744.331 or, must have waited five (5) years after such determination of incapacity was removed by court order;
  8. Has not been committed to a mental institution under chapter 394, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to have been committed in a mental institution under this paragraph;
  9. Not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;
  10. Not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;
  11. Not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and
  12. Not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

Even if you are not prohibited from the purchase and possession of a firearm under Florida or federal law, the following circumstances could still prevent you from qualifying for a concealed carry license in Florida: 

  1. If you have a “withheld adjudication” or “imposition of sentence suspended” on any felony or misdemeanor crime of domestic violence you must wait until three (3) years after all conditions set by the court have been completed. F. S. 790.06(k)
  2. Under Federal law, if you have an indictment or information pending against you, you cannot qualify for a concealed carry license until that case has been disposed of.
  3. The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had an adjudication of guilt withheld for, or had the imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence. F. S. 790.06(3)

Author: Jeffrey W. Smith, The Orlando Law Group

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.

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irma

Concealed Carry and Florida Hurricane Evacuations

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Recently, as Hurricane Irma was closing in on Florida, Governor Scott issued a proclamation (not to be confused with “states of emergency” that are declared by local authorities under F. S. 870.044) and ordered the evacuation of certain areas of the state. As we are all now accustomed to scenes of rioting and looting during these types of emergencies; what can you do to protect yourself and your family if you do not have a concealed carry license during such an event and you are ordered to evacuate from one of the designated evacuation areas?
F. S. 790.01(3)(a) states that F. S. 790.01(1) (that makes it a first-degree misdemeanor for a person to carry a concealed weapon without a concealed carry license) does not apply to a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a proclamation declared by the Governor (unless the proclamation specifically provides otherwise) pursuant to chapter 252 or a state of emergency declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered.

The 48 hours may be extended by an order issued by the Governor. Note the distinction between a “proclamation” and a “state of emergency” in that if the evacuation order is by proclamation of the governor, the lawful individual may be in possession of a firearm in a public place (unless provided otherwise specifically in the proclamation) as contrasted to a “state of emergency” under F. S. 870 that only permits the possession of a firearm by a lawful individual in a public place during the “first 48 hours” of the evacuation period whether you have a concealed carry permit or not.

Author: Jeffrey W. Smith, The Orlando Law Group

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.

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Selling Firearm

What Should I Know if I Want to Sell My Personal Firearm to a Private Citizen?

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Worried About Selling a Firearm Legally in Florida?

You’re not alone—Florida gun laws are complex, and one wrong move can carry serious legal consequences.

If you’re unsure about how to sell a gun legally or just want peace of mind, our attorneys can help.

📞 Call (407) 512-4394 or [contact us here] before you make a sale.

👇 Now, read on to learn what Florida law actually says about private firearm sales.

How to Sell a Gun in Florida

When selling a firearm, there is a lot of regulation; however, most of it is designed for transactions between Federally Licensed Firearms Dealers (FFL) and private citizens. The good news is that when selling a firearm is conducted between two private citizens, the rules are simple and there is no wait time, but there are still a few legal requirements. In Florida, both persons (seller and buyer) would need to be residents of the State of Florida (or of the same state otherwise); be at least 18 years of age, and must not have any legal disabilities. For a complete list of legal disabilities, see the federal statute at 18 USC 922(g). This is true even for handguns, as opposed to the federal age requirement of 21 years of age for an individual to be able to purchase a handgun from an FFL dealer. The private seller is not required to ask if the buyer has any legal disabilities, but if the buyer tells you or you suspect the buyer may have a disability, you cannot legally sell to them. It would also be prudent to either copy or given technology today, take a picture of the person’s identification evidencing their Florida or same state residence in case any residency issues come up in the future.

Can I Sell My Firearm to Someone Outside of Florida?

What should I know if I want to sell to someone out of state? A private resident of Florida (or any state for that matter) may not legally purchase or sell any firearm directly from or to any private individual that is a resident of another state, period. However, there is a legal exception to get around this prohibition on private firearm sales to persons that are not residents of the same state as the seller.

Federally speaking, a firearm is not transferred until “delivery”. The steps that need to be taken to sell or purchase firearms from private individuals residing in different states are: 1) The firearm must be delivered and picked up at an FFL, for a small fee, in the buyer’s state. 2) The buyer will need to fill out the Form 4473 and obtain the criminal record check and approval in their resident state. 3) The sale must be lawful in the buyer’s resident state. With these steps, you will have a lawful delivery and sale according to federal regulations. Please note again that you cannot legally, directly deliver the firearm to the resident in the other state. Also, be wary of “strawman” transactions. It is a felony for a person to purchase a firearm for a non-resident or for someone with any legal disqualification. If you have reasonable cause to suspect the purchaser is a “strawman”, do not make the sale to that person. F.S. 790.065

What if I’m trying to sell a firearm to someone under the age of 18? Short answer, don’t do it. However, for those of you who enjoy tangling with the intricacies of the law, when the other party is under 18 years of age, it gets rather complicated. It is a felony to sell, give, or lend any person under 18 any weapon, UNLESS you receive prior written permission from one of the minor’s parents or legal guardians. Failure to obtain the parent’s or legal guardians prior written permission is a violation of F.S. 790.17 and a felony if the weapon is a firearm. Florida law forbids the possession of handguns, but not shotguns or rifles, for persons under the age of 18. (even though the Federal law requires you to be at least 21 years old to purchase a handgun from an FFL dealer.) There are a few exceptions to a minor’s legal use and possession of handguns, such as for target practice or handgun instruction courses. You will also still need prior written permission from the minor’s parent or legal guardian to engage in those activities as well. If the minor is 16 years or younger, it’s a felony for them to use the firearm, unless they are supervised by an adult legally permitted to have the firearm. If you were involved in their possession of a firearm, you could also be held civilly liable for damages caused by the minor. As earlier stated, this is a situation best entirely avoided.

Author: Jeffrey W. Smith, The Orlando Law Group

 

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.

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Military Soldier

The Montgomery GI Bill for Active Duty Members

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One of the most important choices a new military member can make upon enlistment is enrolling in the Montgomery GI Bill Educational Assistance Program. Active duty members who enroll and pay $100 per month for 12 months are then entitled to receive a monthly education benefit once they have completed a minimum service obligation of two years. Eligible Servicemembers may receive up to 36 months of education benefits. The monthly benefit paid to you is based on the type of training you take, the length of your service, your category, any college fund eligibility, and whether or not you contributed to the $600 buy-up program. You usually have 10 years to use your MGIB benefits, but the time limit can be fewer or more years depending on your particular situation. Some Servicemembers may contribute up to an additional $600 while on active duty to the GI Bill to receive increased monthly benefits of up to $5,400 in additional GI Bill benefits.

But keep in mind that even if you contribute the full $1200 – $1800 dollars to the GI Bill, in order to qualify to receive the benefits you must also have an honorable discharge; AND a high school diploma or GED or in some cases 12 hours of college credit; AND you must also meet the requirements of one of the categories below:

CATEGORY I

  • Entered active duty for the first time after June 30, 1985
  • Had military pay reduced by $100 a month for first 12 months
  • Continuously served for three years or two years, if that is what you first enlisted for or if you entered the Selected Reserve within a year of leaving active duty and served four years (the 2 by 4 program)

CATEGORY II

  • Entered active duty before January 1, 1977
  • Served at least one day between 10/19/84 and 6/30/85, and stayed on active duty through 6/30/88, (or through 6/30/87 if you entered the Selected Reserve within one year of leaving active duty and served four years)
  • On 12/31/89, you had entitlement left from Vietnam-era GI Bill

CATEGORY III

  • Not eligible for MGIB under Category I or II
  • On active duty on 9/30/90 AND separated involuntarily after 2/2/91
  • OR involuntarily separated on or after 11/30/93
  • OR voluntarily separated under either the Voluntary
  • Separation Incentive (VSI) or Special Separation
  • Benefit (SSB) program Before separation, you had military pay reduced by $1,200

CATEGORY IV

  • On active duty on 10/9/96 AND you had money remaining in a VEAP account on that date AND you elected MGIB by 10/9/97
  • OR you entered full-time National Guard duty under title 32, USC, between 7/1/85, and 11/28/89, AND you elected MGIB during the period 10/9/96 – 7/08/97
  • Had military pay reduced by $100 a month for 12 months or made a $1,200 lump-sum contribution.

In the event you are discharged from the military under some other characterization other than an “Honorable” discharge, all is not lost. Often times many Servicemembers are able to have their discharge disposition upgraded to Honorable. In that instance, as long as the Servicemember otherwise qualifies, the MGIB benefits should then be available. Keep in mind though that to “otherwise qualify” means that you contributed at least $1200 dollars to the MGIB while on active duty and that the Servicemember served on active duty for at least two years AND has a high school diploma or GED or in some cases 12 hours of college credit; AND further qualifies under one of the four previously mentioned categories. Unfortunately, except for some very few rare exceptions, the MGIB is a use it or lose it benefit.

If the Servicemember contributes $1200 dollars and does not complete at least two years of active duty, you lose the benefit even with an Honorable Discharge. If you contribute $1200 dollars and serve two or more years and are discharged with a discharge code that is not “Honorable”, you will not qualify until you have upgraded your discharge disposition and keep in mind, the clock is ticking. If you are not able to successfully upgrade your discharge to Honorable within 10 years, there is a good possibility you will lose the MGIB benefits.

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How to Get a Passport for a Minor Under 16

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Obtaining a U.S. passport for your child will require slightly more work than it will take to get one for yourself. To start, both parents or guardians must be present when applying for the passport, except in certain circumstances that will be explained below. Every U.S. citizen needs a passport to enter and leave foreign countries, so even your infant will need to complete the following steps, which cannot be done by mail for first time applicants.

The first step is completing application form DS-11, which may be done either in writing or online. The requested personal information includes your child’s full name, date and place of birth, gender, phone number, travel plans and an emergency contact. Next, you must gather supporting documents to be presented at the time you submit the application at a passport office. You will be required to show: evidence of your child’s U.S. citizenship; proof of the parents’ or guardians’ relationship to the child; a photo ID of the parents/guardians or the child; a photocopy of identification documents; and one passport photo of your child.

Evidence of U.S. citizenship may be demonstrated by: a previously issued, undamaged passport; a certified birth certificate issued by the city, county or state; a consular report of birth abroad or certification of birth; a naturalization certificate; or a certificate of citizenship. To obtain certified copies, contact the registrar’s office of the state where your child was born, and be sure to get the “long form”. Evidence of parental relationship may be demonstrated by: the child’s U.S. birth certificate; foreign birth certificate; adoption decree; divorce/custody decree; or consular report of birth abroad of a U.S. citizen. The parent(s) or guardian(s) applying for the child’s passport must submit photo ID if the child does not have one, an undamaged passport or valid driver’s license will suffice.

If one parent/guardian is unable to appear, the DS-11 application must be accompanied by a signed, notarized form DS-3035: statement of consent from the non-applying parent/guardian. If one parent/guardian is absent and cannot be located, the applying parent must submit form DS-5525: statement of exigent/special family circumstances. The statement must explain in detail the non-applying parent/guardian’s unavailability and the recent efforts made by the applying parent to contact the unavailable party. The applying parent may also be required to provide evidence to document his/her claim of exigent or special circumstances. Evidence may be in the form of a custody order, incarceration order, or restraining order, for example. To protect against international parental child abduction, the Passport Agency processing the application may ask for additional details if the statement is determined to be insufficient.

If the minor has only one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application. Evidence may include: a U.S. or foreign birth certificate, consular report of birth abroad, or adoption decree, listing only the applying parent; a court order granting sole legal custody to the applying parent; a court order specifically permitting applying parent’s travel with the child; a judicial declaration of incompetence of the non-applying parent; or the death certificate of the non-applying parent.

If you are a parent or guardian and find yourself in need of obtaining a passport for your minor child, particularly if needed during the course of a divorce or paternity proceedings, please contact one our outstanding attorneys at The Orlando Law Group, P.L.

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uburban residential street with red brick houses

IN THE PROCESS OF PURCHASING OR SELLING A HOME WITH A HOMEOWNER’S ASSOCIATION?

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Most owners in Florida know that when they want to buy or sell their unit or house that they need to contact the community association, or its attorney, to get an estoppel letter.  Both the Florida Condominium Act and Florida Chapter 720 regarding homeowners associations specifically devote sections to estoppel letters a/k/a certificates of assessments. See 718.116(8) and 720.30851.

But what is an estoppel letter/certificate and why is it important to me? An estoppel certificate is a letter from the association that states any amounts due and owing for fees and/or assessments for a particular unit or house that is valid for 30 days from the date of the letter. The reason it is important is that once you purchase the property, you become liable for all past and present debts on that property. Although there is no statutory form of an estoppel letter, §720.30851 Fla. Stat. requires that the certificate be signed by an officer or authorized agent of the association stating all assessments and other moneys owed to the association by the parcel owner or mortgagee with respect to the parcel. However, it is good practice to include or request within the estopple letter/certificate: the name of the association; the name of the unit/parcel owner; description of the property; the total amount owed to the association; the date through which that total amount is owed; instructions on where to send the payment and signature of an officer of the association or authorized agent.

Upon request of the estoppel letter, the homeowners’ association may charge a reasonable fee for the preparation of the letter, however, an interesting caveat of §720.30851(3) Fla. Stat. states that if the certificate is requested in conjunction with the sale or mortgage of a parcel, but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the parcel owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the parcel owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. As with any legal transaction, knowledge is power. According to https://www.stateofflorida.com/facts.aspx (StateofFlorida.com) approximately 1,000 people move to Florida each day. Many of those people come from areas that do not have homeowners’ associations and new Florida residents are often surprised to learn that even though the homeowner may be up to date on their mortgage payments, that failure to pay homeowners’ fees and assessments can lead to foreclosure as well, regardless of your current mortgage status.

If you are considering purchasing property governed by a homeowners’ association or if you already own a home within a homeowners’ association and find yourself in need of legal advice regarding a dispute with the association, the knowledgeable attorneys at The Orlando Law Group, PL can help.

Author: Jeffrey W. Smith, The Orlando Law Group

 

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey is a graduate of Oviedo High School and lives in Oviedo with his family.

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Trust

Five Ways to Build More Trust

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Some years back UCLA did a survey of 1300 executives around the country and they asked for five traits that were keys to hiring and advancement for employees. All 1300 of them included INTEGRITY somewhere in the list.

Here’s the real kicker. 71% of them rated INTEGRITY NUMBER ONE! Being TRUSTWORTHY is an integral part of integrity. So, obviously, being trustworthy is a critical character trait if you want to move up the corporate ladder, keep your employees, or build your customer base.

Bob Burg will tell you that all things being equal people will do business with people they know, like, and TRUST.

The first law of the Boy Scout Law, which defines how a Boy Scout is supposed to live their life, is “A Scout is Trustworthy”. Here’s the explanation: “A Scout always tells the truth. He is honest and keeps his promises. People can depend on him.”

Our trustworthiness is also quite obviously a key to our relationships with others.

  • If your spouse or significant other can’t trust you, the relationship is destroyed.
  • If your friends can’t trust you and count on you, then they will simply no longer expect anything from you and eventually will simply stop being around you or having your around.
  • If your co-workers can’t trust you, then you will not be able to function as part of a team.
  • If your employees can’t trust you, they will become disengaged and productivity suffers; not to mention the bottom line.

We know this, yet somehow the focus on trust seems to be lost somewhere in the desire to “close the deal” or secure what we want. When we focus on trust, however, we find that acquiring those things and closing that deal becomes easier because of who we are and what we stand for.

When we are trustworthy, we are the go to person that everyone counts on to make it happen. That has value in so many ways, including financially.

Being trustworthy is the deal-maker…or the deal breaker.

Here are some ways you can build trust on a daily basis:

  • PRODUCE RESULTS – when you have a proven track record of accomplishing things people will trust you to meet the deadline or to accomplish the task or lead them.
  • GIVE YOUR WORD ONLY WHEN YOU MEAN IT – Don’t make promises you can’t keep.
  • KEEP YOUR WORD AT ALL COSTS – This is critical. When people know that you are going to do what you say you are going to do no matter what, then your trustworthiness grows and builds over time.
  • BE CONSISTENT – Consistency is a key to both trustworthiness and integrity. People need to know what they can count on.
  • RESPECT YOURSELF AND OTHERS – When you show respect for other people and respect yourself, then people will believe and trust that you are who you say you are and you will do what you say you are going to do.

Are you trusted? Who do you trust? Where can you deepen the levels of trust? What action will you take today to rebuild trust?

Added Bonus: CLICK HERE to receive Paul’s e-book Fifteen Innovative Ways to Show Employees You Care 

You will be asked for your name and email – no sales call unless you request it. 

Author: Paul Simkins

Paul Simkins is a Performance Management Trainer, Speaker, and Coach who helps organizations and individuals re-engage their employees, maximize productivity and experience optimal team cohesion. Paul is a second-generation native of Orlando and currently lives in Oviedo.

Learn more about Paul and his company Ah-Ha! Moments Learning, LLC by visiting: https://www.ahhamomentslearning.com/

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orlando

Orlando Rises to the Occasion

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It is during difficult times that a person or a community’s character is tested.  Orlando rose to the occasion and took a difficult and painful tragedy and turned into more love and tolerance for its community.

The LGBTQ community in Orlando is strong and cohesive.  While it may have taken a tragedy such as the Pulse massacre for us to come together as a whole, it is heartwarming and encouraging to see the progress we have made in just one year.  Orlando is a diverse caring community and ready to help its citizens:

Following the tragedy on June 12, 2016, the Orlando United Assistance Center (OUAC) was established to meet the needs of individuals directly impacted by the Pulse tragedy.  OUAC is a place offering services and support to aid in the physical and emotional healing of those who were present at Pulse on June 12, survivors and immediate family members of those lost.

In addition to the OUAC, the LGBTQ community created an Alliance where all local LGBTQ leaders discuss the needs of its community.

The LGBTQ community and Orlando as a whole will continue to work together and make this the best place to live, work, and play.

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Know Your Immigration Options

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There are multiple occupations and opportunities for employment in the United States in several industries and categories that may qualify a person for a Visa in the U.S. including cultural exchange participants, agricultural workers, technology specialists, engineers, scientists, athletes and much more. All workers must obtain permission to work legally in the United States.

It is important you hire an attorney that understands the many different employment Visa opportunities, requirements, and conditions, including the authorized periods of stay.

Among the opportunities offered by the United States, an individual can apply for temporary (nonimmigrant) worker status, Permanent (Immigrant) Worker status, or Student and exchange visitors, who under certain circumstances may be allowed to work in the United States. You may also visit the United States for business purposes. Under this condition, you must obtain a Temporary Visitor for Business Visa, known as B-1 Visa. Unless you qualify for what is called a Visa Waiver Program (VWP). The Visa Waiver Program was instituted by the Immigration Reform and Control Act of 1986 allowing persons of certain countries to travel to the United States without having to obtain a nonimmigrant Visa (for no more than 90 days).

Citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP, unless citizens of one of these countries are also a national of Iraq, Iran, Syria, or Sudan.

•Andorra
•Australia
•Austria
•Belgium
•Brunei
•Chile
•Czech Republic
•Denmark
•Estonia
•Finland
•France
•Germany
•Greece
•Hungary
•Iceland
•Ireland
•Italy
•Japan
•Latvia
•Liechtenstein
•Lithuania
•Luxembourg
•Malta
•Monaco
•Netherlands
•New Zealand
•Norway
•Portugal
•San Marino
•Singapore
•Slovakia
•Slovenia
•South Korea
•Spain
•Sweden
•Switzerland
•Taiwan*
•United Kingdom**

 

 

 

 

 

 

 

 

 

*Eligible Taiwan passport holders with an approved ESTA will be able to visit the United States without a visa starting from November 1, 2012.

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

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hoa board

Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

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Congratulations! You’ve succeeded in being elected as a member to the prestigious world of your Homeowner’s Association Board of Directors! But are you aware of the certification requirements of Fla. Stat. 720.3033 that could suspend or even end your newly “elected official” career before it’s even begun? As a newly elected Homeowner’s Association Board Member you are required to comply with the reporting requirements imposed by the Florida Legislature through the enactment of Florida Statute 720.3033 as amended on July 01, 2013 and that requires all HOA directors to verify that they are prepared and qualified to serve their respective association board in one of two ways.

The first option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.

The second option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment. Furthermore, according to §720.3033(1)(b), the written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. It would behoove the newly elected or appointed board member to pay heed to this requirement because a director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement and the board may temporarily fill the vacancy during the period of suspension. However, as a side note, it would be prudent and diligent for the newly elected director to be familiar with and understand both their own associations governing documents and the Florida Statutes applicable to homeowner’s associations.

After you have complied with the reporting requirements of §720.3033, the association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action as provided in §720.3033(1)(c). It bears noting at this juncture that if for any reason you are removed from or surrender your position as a director prior to the termination of your elected term that you will have to re-certify upon being re-elected or appointed back on the board of directors in the same manner as your initial election or appointment.

If you have any questions about your homeowner’s association please feel free to schedule a consultation with one of the outstanding attorney’s at The Orlando Law Group PL.

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child

Changes in Circumstances Could Modify Your Florida Child Support

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A divorce or separation never an easy thing for anyone. The emotional and time toll that these proceedings take on a person can be utterly exhausting. Once the judge has made their decision and issued their legal judgement, is their decision with regard to child support arrangements final and unchangeable? The answer to that is; not necessarily. If there is a change in circumstances for one or both parents, child support could be reduced, increased, or otherwise altered as ordered by a judge.

Child support determinations are not set in stone. There are factors which can lead to a family law case being reopened, and an order for modification being entered as to exactly how much is owed for child support payments. Modifications to an existing child support ruling are sought when a substantial “change in circumstances” for one or both parents occurs. This alteration will either increase or decrease the amount of child support which is paid or received by a party.

What constitutes a substantial change in circumstances? The loss of a job, or a large promotion,  certainly springs to mind as a substantial change in circumstances which could alter the child support determinations. A less common change in circumstances could be winning the lottery or coming into a large inheritance. Any substantial increase or decrease in income could be seen by the court as cause to modify an existing ruling. However, it is more than just a change in either party’s income that merits such a modification. Rulings could be changed if expenses shift, such as an increase or decrease in the cost of daycare or health insurance for the child. Another example of an opportunity for child support modification comes when a child turns 18 and graduates from high school.

There is no exact amount that the income of a parent must change prior to the filing of a modification action. Whatever the change in circumstances or change in income may be, that change in income must reflect a change in the ordered child support amount of at least 15% or $50, whichever is greater. That change could be an increase or a decrease in the amount of child support you or the other party is required to pay. Note that child support agreements are never unchangeable. Depending on your or the other party’s change in circumstances, your child support agreements could be modified several times over the course of your child’s life.

Another factor which could be cause for modification of child support could be a substantial change in the pattern of parenting time spent by one parent, or the actual time spent with and caring for the child by a parent. For instance, the official timesharing schedule or parenting plan established by the courts may have both parents sharing exactly 50-50 timesharing, with one parent getting half of the time with the child and the other parent getting the remaining half of the time with the child. However, if, in reality, the mother is really getting 80% of the time with the child, and exercising the parental (and financial) responsibilities that come with caring for the child on a majority time basis, while the father is only getting 20% of the time with the child, were the mother to seek a modification of child support, the courts may recalculate child support based on the pattern of parenting time.

When it comes to divorced or separated families, requirements for child support payments are not the only factor that can be re-determined after a final judgement is issued by the court. Time sharing is also determined by the court, and can always be modified provided there is a substantial change in circumstances for one or both parents. The alleging party must prove that such a shift has occurred, and show the court evidence of the requested change, whether it be for an increase or decrease of timesharing, is in the best interest of the child. For example, if one parent gets a promotion at work which requires them to relocate 40 miles away from the other parent and the child, timesharing may need to be modified to accommodate for the further distance and travel time required. Ultimately, the courts focus on allotting child support, timesharing and other factors based on the welfare and best interests of the child.

Time and money are two factors that can prove daunting in the post-divorce or post-separation landscape. Note that until an order is officially and legally modified, terminated or vacated, the amount of child support ordered is owed and legally enforceable by the courts. Even if your ex-spouse/co-parent’s circumstances have changed, and whether or not you feel that you should not have to pay a certain amount of child support as a result of that change in circumstances, your child support obligations remain the same until an order modifying or terminating child support requirements is issued by a judge or magistrate.

Know that filing a petition to modify your existing child support agreement may not, and likely will not be, a quick and easy process. If you are seeking to modify your existing child support or timesharing arrangement, it is important to have the input of an experienced and knowledgeable attorney on your side. The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with a family law issue or looking for some preventative family law services, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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hammer

The Pros and Cons of Testamentary Trusts in Florida

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A trust is a formal arrangement made with a trusted person, or trustee, which conveys property as directed by you. Trusts can be created during your lifetime. These trusts are known as an inter vivos trust, or more commonly as a living trust. Such a trust remains in effect regardless of whether or not they contain property until your death.

But trusts can also be created upon your death. Such trusts are known as testamentary trusts, and as is the case with most everything in this world, there are positives and negatives that go along with it.

A testamentary trust is created through your Last Will and Testament. The trust is not actually created until the person that created the Last Will and Testament passes away. Upon their death, the trust is only then considered created and funded. As the Will does not go into effect until the time of your death, the trust also does not and is not funded until then. Generally, these trusts are created for young children, relatives with disabilities, and others who may be inheriting a large sum of money.

So, why should you create a testamentary trust?

THE PROS:

Testamentary trusts, as an item in your will, fall under the jurisdiction and oversight of the judge and the court. This gives your trust several extra pairs of eyes that determine whether legal requirements have been met. When a trust is created, a trustee is named, and that trustee is responsible for administering the trust according to its terms and on behalf of the beneficiaries. Court oversight ensures that your trustee will cooperate accordingly, should they violate a mandate of the court, or should they act in a manner that goes against your wishes or original purpose of creating the trust.

This is particularly helpful as it ensures that your wishes will be followed to the letter and that your beneficiaries will not have to deal with any daunting issues brought about by mistakes made by your trustee in fulfilling legal requirements.

Furthermore, unlike living trusts or inter vivos trusts, which are created while the creator of the trustee, or the trustor, is still alive, a testamentary trust is created through your Last Will and Testament. Rather than drafting an entirely new and separate document outside of your Last Will and Testament, your estate planning attorney will simply add additional language to your Last Will and Testament, often referred to as “testamentary trust language,” for a slight additional fee. This means that a testamentary trust is often less costly and more simple to create as compared to a living trust or inter vivos trust.

Funding a testamentary trust also tends to be far more simple than funding a living trust, as it is possible to include language in your Last Will and Testament which directs that the testamentary trust be funded by a life insurance policy that pays out when the creator of the Will dies.

A testamentary trust also allows its creator to maintain full control of their assets, such as their property or properties, until they pass away. Until they die, the creator of the trust may amend the terms of the trust or altogether revoke the testamentary trust.

THE CONS:

As this is an item in your Will, the trust is funded during probate, and thus will have to go through the sometime stressful and costly process of probate. During the probate proceedings, assets will be transferred to the trust by a probate lawyer. As the trust passes through probate court, the trust will be held to the Florida probate filing fee. Probate also takes time, with small estates lasting in probate court for a month or more, while medium-sized to larger estates can take several months or even years to process.

Also, the terms of your testamentary trust will be a matter of public record, so anyone can see what you are looking to do with your money. This can be a negative for anyone who values their privacy.

As with any trust, your decision as to who you will name as trustee is incredibly important,  as they will maintain a significant degree of control over the trust and its assets after you have passed away. You will want to make sure that you take the necessary time to consider who is the best choice to serve as trustee, and you will need to ensure that the person you select is trustworthy, reliable, and willing and able to perform the duties required of them as set in the trust.

At the end of the day, whether a testamentary trust or an inter vivos trust is right for you is primarily dependent upon your personal preference. Do you want to avoid probate? Do you think you’ll need court oversight? Is having your trust as a matter of public record problematic for you? Once you answer those questions for yourself, and once you consult with an experienced estate planning attorney as to all of your estate planning options and whether they are right for you and your goals, you will have a better understanding of what kind of trust you want, and how the process will work for you and your trustees.

The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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memorial-day

This Memorial Day, Honor Our Veterans

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This Monday, Americans will honor the fallen soldiers of the United States Armed Forces on Memorial Day. Many see this holiday, and the weekend surrounding it as a time to take off from work, go to the beach and have bar-b-ques with friends and family. But Memorial Day is about so much more than that.

Memorial Day is a time to pay homage and show our respect to the brave men and women who have laid down their lives in the name of American freedom. Their selfless sacrifices afford us the ability to live free and happy lives. Our armed forces are to be commended, respected, and honored as the true heroes that they are.

This is one of the reasons that The Orlando Law Group takes cases of Veteran Law so seriously. When a soldier returns from combat injured or disabled, and unable to return to work, it is our duty as legal professionals to defend those rights. Many times, returning heroes of our military find their request for disability benefits denied by the Veterans Association.

It is our pledge to fight this legal battle and defend our soldiers with the same determination they used overseas to defend us.

If you are a veteran who has been denied your right to disability pay by the VA, call The Orlando Law Group at 407.512.4394 and schedule a consultation.

To all of our friends and clients, have a wonderful Memorial Day weekend. And to all of the veterans out there, from all of us at The Orlando Law Group, we thank you for your service and your bravery!

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wheelchair

A Social Security Disability Denial is NOT the End

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Social Security Disability benefits are a vital resource, yet most applicants are initially rejected. So, what does this mean? Should you just give up? Absolutely not! An initial denial is not the end of the road, it is the beginning of the process.

An application for Social Security Disability benefits should start with a conversation with an experienced attorney. They will be able to explain the filing process to you and gather any necessary documents/medical records that will be needed in filing your claim.

Applications should be started immediately after becoming disabled. You can apply either online or by scheduling an appointment with a Florida Social Security Administration representative. The claims representative assigned to you serves several functions. They answer any questions you may have, and also handle the paperwork needed to send to Disability Determination Services. The DDS makes the initial determination as to whether you meet the SSA’s requirements for being disabled, as well as the actual amount of benefits you could receive.

The first application can take up to six months. The examiner will comb through your relevant medical records and may also inquire as to your current condition. It is not uncommon at this stage to be asked to undertake a consultative medical examination or a questionnaire.

A second request for reconsideration will return your application to the examiner for a period of up to five months. The examiner will order any medical records and physician’s reports not included in the initial stage. Most requests for a second reconsideration are denied, and unfortunately, many people give up there. However, there is still hope.

At this stage, it is time to bring a legal expert into the fray, if you have not done so already. The third request for benefits is a hearing before an administrative law judge, which could take up to a year to happen. Your attorney will assemble a copy of your file and other medical records that have not been received by the Social Security Administration previously.

At this level, most claims are approved, but if not, there are additional appeal levels that can be taken.

If you are considering applying for Social Security Disability, or have been denied in the past, contact The Orlando Law Group at 407.512.4394 for a consultation.

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Car accident

What Should I Do After An Auto Accident

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Updated: June 2020

You’ve been in an automobile accident. Many emotions can run through your head during such a difficult moment. Shock, anxiety, even rage can occur following the sudden jarring impact of a vehicular collision. But your actions immediately following an accident can have a huge effect on what comes next, from a legal standpoint.

So, what are the Top 10 actions you should take following an automobile accident?

  1. 1. Do Not Leave: Leaving the scene of an accident before it is appropriate can have a huge impact on both the case and your life. If you flee the scene, you could be charged as a hit-and-run driver, which carries serious criminal penalties. Remember to always stay at the scene until reports have been filed.
  2. Health Check: Before determining property damage, be sure to check on everyone involved in the accident. If someone has sustained an injury, be sure to call for medical help first and foremost. This will ensure that the injured party receives care as fast as possible. If anyone is complaining of back or neck pain or appears to be unconscious, do not move them until medical professionals arrive on the scene.
  3. Alert the Police: The police need to be involved in any accident in which significant property damage, injury, or death has occurred. Once they arrive, you should request a police report be filed. Take careful note of who the responding officers are. Write down their names and badge numbers.
  4. Get Information: Make sure you gather information from all drivers involved in the accident. Names, phone numbers, addresses, drivers’ license numbers, license plate numbers and insurance policy info are all important. Make sure you know the names and phone numbers of any passengers involved as well. When speaking with another driver involved in the accident it is important to maintain a level head. Always stay cooperative.
  5. Speak with Witnesses: Talk to anyone who witnessed the accident. Get their names, phone numbers, and addresses. There are many free-to-use smartphone apps for voice recording. Record statements from witnesses on the scene. This can be useful evidence later on.
  6. Take Photos: Make sure you take photos at the scene to showcase the damage. Another best practice tip would be to take photos of your car now so that in the event of an accident you have a before and after image.
  7. Be Honest with Your Insurance Company: Make sure you report the accident to your insurance provider right away and be truthful with them. If the insurer finds out that you’ve lied about something, they could deny your coverage.
  8. Keep Track of Medical Treatment: Make sure that you keep a running log of any doctors and specialists you see in regard to injuries sustained in your accident. Keep a record of all medications, procedures, and bills accrued through treatment of these injuries. Keep a record of how your injuries have impacted your daily life to prove Pain and Suffering in a future court case.
  9. Watch What You Say: Immediately following the accident, while emotions are high, never apologize or admit to any fault. Such statements could be considered an admission of legal liability. In the following weeks, it is best not to discuss the accident with anyone outside of the authorities, your insurance company, and your attorney. If the other party’s insurance company tries to contact you, do not speak with them. Politely direct them to your attorney to arrange an interview.
  10. Hire an Attorney: This is perhaps the single most important action you can take following an accident. An experienced personal injury attorney is vital to maximizing your recovery efforts if you’ve been injured, or to defend you if you are at fault. The counsel and efforts of a personal injury lawyer will save you time and money as the case proceeds.

If you have been in an accident involving Uber or Lyft, make sure to give This Article a read. There we discuss if insurance coverage will apply to a ride-share accident.

The personal injury lawyers of The Orlando Law Group specialize in personal injury cases. Seeking legal representation before medical treatment advances is essential to the process. If you’ve been in an accident, call The Orlando Law Group today at 407.512.4394 and book a consultation with a personal injury attorney.

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baby

Know The Law When Adopting a Child

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Adoption is a beautiful way to grow your family. Taking in a child in need, either domestically or abroad is one of the most noble and rewarding experiences a parent can undertake. The process for adopting a child can be long and arduous, and mistakes can cause major setbacks, up to and including having the adoption disrupted. The presence of an adoption attorney can help you avoid these potentially disastrous consequences and welcome your new addition in peace.

When choosing to adopt a child, it’s important to familiarize yourself with the different types of adoptions available.

Domestic Child Adoption speaks of a scenario in which both you and the child you wish to adopt are residing within the United States. If the prospective parent and child reside within the same state, it is referred to as Domestic Intrastate Adoption. If they are in different states, it is referred to as Domestic Interstate Adoption. Adoption laws and regulations vary depending on the state or states involved and the level of cooperation received from the birth parents. Domestic Intrastate Adoption is often a far simpler process, as you only have to concern yourself with meeting the requirements of one state. There are some excellent resources online for finding information about adoption laws in each state. For instance, AdoptUSKids’ website, adoptuskids.org, provides an interactive map of state adoption and foster care information.

As to Florida’s adoption laws and requirements specifically, in Florida, adults who live and work in the state of Florida, are of sound character and are deemed able to care for and provide for a child may adopt. You do not have to be married in order to adopt – single adults as well as married couples may adopt in Florida. LGBTQ+ couples are also welcome to adopt in the state of Florida officially as of 2015. Adults with disabilities can also adopt a child, unless it is determined that an adult’s disabilities renders them unable to care for the child.

When you adopt a child from a country other than the one you reside in, that is referred to as International Child Adoption. This process is subject to the laws and regulations of your home state, the United States government, and the foreign government where the child is coming from. International Adoptions are also subject to the requirements of The Hague Convention, a treaty among member countries that sets internationally agreed-upon minimum procedures for all member country affiliated adoptions.

With both types of adoption, a Home Study must be successfully completed prior to taking custody. A Home Study is the require detailed evaluation of you, your spouse, your home and surrounding environment, and is conducted after you have completed your required training classes, submitted all necessary documentation and completed your application to adopt. This step is required for all domestic and international adoptions. The Home Study concludes with an official, written report by your caseworker with pertinent information regarding your family, background, education, daily life, references, background checks and more. Note that there are costs associated with the Home Study process, which differ depending on if you are working with a public agency, private agency, or certified social worker. It is possible to expedite the process by ensuring that you have properly prepared for the Home Study. Good preparation may include ensuring that you have or have access to all pertinent documents, making sure you have supplied complete and accurate information, and getting all of your paperwork and documents in on time.

In addition to the choice between International and Domestic Adoptions, you will also be faced with several other decisions that must be made. For instance, are you using a licensed adoption agency or is this a private adoption? Will you work with a facilitator who coordinates the adoption, or through the Foster Care system? Will you have an open adoption, in which the identity of the birth parents is known, or a closed adoption where no information on the birth family is given? Understanding the importance and consequences of each choice is vital and is yet another avenue where legal guidance comes into play.

It is certainly important to receive proper legal guidance on an upcoming adoption, but consulting with legal counsel is not the only important conversation(s) you should be having regarding the adoption. It is also crucial to make sure that you have thoroughly discussed the adoption with your close family, friends, and whoever will be assisting you in caring for and interacting with the child. Ensuring that you have thoroughly discussed the adoption and what it will mean for your family with any other children in the home is especially important. It may be wise to schedule a family counseling session with a counselor or family psychologist experienced in adoptions. Making sure that everyone in the family is aware of the steps and expectations that come with welcoming a new family member can be a great help in ensuring that the adoption is successful, and the new child’s needs and best interests are understood and taken into consideration.

Failure to understand the laws and rights of both the birth parents and the adopting family can cause a disruption to the process. If you are planning on adding to your family through adoption, it is important to seek legal aid before the process begins.

The Orlando Law Group is equipped with the knowledge and experience to aid in your quest to grow your family. The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with a family law issue or looking for some preventative family law services, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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How Does Contempt Work in Family Cases?

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If you watch any court show, you’ve surely heard the word “contempt” tossed around. But do you know what it means? Contempt of Court is a provision that allows a judge to deincentivize and even punish individuals who are hindering the administration of justice. In cases of family law, contempt is particularly relevant. Often times, ex-spouses will violate or ignore court mandates such as child support payments, alimony, or visitation time due to spite against their former spouse. When such a situation occurs, a judge could find the offending party in contempt.

Contempt should be taken seriously. Potential consequences could range from fines to sanctions or evil incarceration.

There are two types of contempt, criminal and civil. In a case of criminal contempt, a “show cause” hearing must be held, in which the involved parties present sworn testimony and evidence in an attempt to show why one party should or should not be found in contempt. Criminal contempt can be both direct and indirect. A case of direct criminal contempt occurs when a party violates a court order in the presence of the court itself. For instance, if a Judge orders a party to stop bringing up irrelevant information, and the party willfully disobeys that order, they are in direct criminal contempt. Indirect criminal contempt occurs when a party fails to comply with a court order outside of the court. If the court orders one party to stop contacting the other, and they ignore this edict, they are in indirect criminal contempt.

Civil contempt is dependent upon a court ruling, stating that the offending party had the ability to comply, but refused to do so. Civil contempt courses also carry a “purge provision” in which a judge will lay out a particular action which, once undertaken, will eliminate the contempt. One example could be an ex-spouse who owes 6 months of back child support. Paying the back-owed amount could eliminate the contempt and any consequences that come with it.

If your former spouse has violated a court order, and is refusing to pay alimony, child support, or violates visitation rights, you may be able to petition the court to find them in civil contempt. The court could then fine or sanction your former spouse, or incarcerate them until he or she complies. A petition, however, does not automatically lead to a finding of civil contempt.

The presence of experienced legal counsel is vital to this process. A family law attorney comes to the table armed with the knowledge of court proceedings and knows how to properly bring the issue before a judge. There are many procedural rules that must be followed in cases of contempt, and evidence must be presented in a specific way.

The Orlando Law Group is experienced in such matters and will help you navigate the court’s contempt system to ensure that you receive the support you are legally entitled to. If you believe your ex-spouse might be in contempt, call The Orlando Law Group at 407.512.4394 to schedule a consultation.

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Fighting a Traffic Violation in Florida

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If you feel that you have been given an unjust violation, you can do more than just stew in anger over it. By pleading not guilty in traffic court, you can fight the violation and move to have the charges dropped. Once you receive a traffic violation, Florida courts give you 30 days to inform your county clerk of your intention to dispute the citation. Instructions regarding how you can fight the violation differ based on the county it was issued in. Normally, the ticket itself will have useful information printed on it, such as a phone number, address, and instructions as to how you can contact the court.

A traffic attorney can attend your court date with you, and aid in your position, seeking to prove that you did not violate a traffic law. Your attorney will work with you beforehand to gather evidence, witnesses, and explain all options to you as it pertains to the case. Florida courts will not appoint you an attorney in a traffic case. Those who do not hire an attorney will be representing themselves.

The day that you enter your plea is not necessarily the day that your trial will be held. You should always plan ahead for the potential of many trips to court before this matter is resolved. Once at trial, your attorney will be able to argue the law, call your witnesses, present evidence, and even question representatives from the police department. After both sides have presented their case, the judge will render judgment.

If you are found not guilty the issue is resolved. The ticket is dismissed, and you will not have to pay the fine. The violation will also vanish from your driving record. If you are found guilty, you will pay the fine and possibly any court fees associated with the case as well. A lawyer can usually negotiate penalties, and help to minimize your cost and repercussions.

Fighting a traffic violation can be a daunting process. If you walk in unprepared you might be setting yourself up for a costly failure which, in some cases, can lead to jail time. The Orlando Law Group will fight for your rights and your freedom. If you have a traffic violation you intend to fight, call us at 407.512.4394.

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How is Paternity Determined in Florida?

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When the mother and alleged father are in agreement as to the child’s parentage, they can sign what is known as a “Voluntary Acknowledgment of Paternity” form. When you sign this form, you are stating, under oath, that the man listed is the child’s legal father. Once signed, it takes 60 days for the acknowledgement to become final. After that initial period, neither parent can revoke it, unless they can present in court proof of fraud or extreme force used to get the signature.

When there is discrepancy or disagreement as to a child’s parentage, the mother or alleged father may petition the court to establish paternity. This process can be started by the mother, the man who has been identified as the father, the child through a legal representative, or the Florida Department of Child Services. Cases can be started before a child’s birth, but cannot be held until the child is born.

The court will order a genetic test to prove or disprove alleged paternity. Following the results of this examination, the judge may make orders as it pertains to child support, decision-making authority, parenting time, health insurance of the child, or payment of either party’s attorney fees and court costs.

If you are involved in a paternity dispute, the attorneys of The Orlando Law Group are here to help! Call us at 407.512.4394 to schedule a consultation!

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Spring is the perfect time to shed the chains that bind you and embark upon a new adventure. Whether it’s filing for bankruptcy, moving forward with your divorce, or starting the process of forming your own business, The Orlando Law Group has got you covered.

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Spring Clean Your Life!

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If you’ve been drowning in debt, then it might be time to consider filing for bankruptcy. Bankruptcy is the perfect way to get your financial life back on track, allowing you to erase your debt and repay your creditors. If you can prove that you are entitled to a declaration of bankruptcy, the court will grant you protection during your proceeding. The Orlando Law Group are specialists in Chapter 7 and Chapter 13 Bankruptcy and will walk you through every step of this important process. Divorce looms over unhappy marriages. It is that bridge many fear to walk over. Divorce is not the end of the world, though, and many couples find their lives to be improved by separating from a toxic situation. The divorce process can be tricky, though, and it’s always important to have a dedicated and experienced legal team on your side. The Orlando Law Group specializes in family law and would be proud to stand beside you.

Spring is also the perfect time to begin the process of starting your own business. Let your career bloom and grow beautifully by starting to move forward toward becoming your own boss. When creating a business, you first need to decide what type of company you’re looking for and then file all of the necessary paperwork to ensure that you’re set up and ready to begin raking in the cash. This is a complicated process, and one misfiled form could set you back in time and money. The Orlando Law Group has a vast array of business law services. For a full list, CLICK HERE.

Whether you’re attempting to sort out your personal or professional life, spring time represents the perfect season for your rebirth. Spring Clean your life with The Orlando Law Group! Call 407.512.4394 to schedule a consultation today!

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Use Your Tax Return To Take Control of Your Debt

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According to a study from CNSnews.com, the most common form of debt comes from mortgages, at 44%. Unpaid credit card balances come next with 39%. Car loans make up 37%, and student loans round out the list with 21%. These numbers are absolutely staggering, and a large portion of that 80% will never live to see themselves debt free.

This year, rather than use your tax return on something frivolous, invest in fixing your finances. Bankruptcy is a powerful tool that aids those struggling and drowning in their debt, offering a fresh start and a chance to correct the mistakes of their past.

People who reside, own property, or have a place of business in the United States may file for bankruptcy under Chapter 7. Chapter 13 enables debtors with regular income to create a plan to repay all or part of their debts to creditors over a three-to-five-year period.

The Orlando Law Group specializes in both Chapter 7 and Chapter 13 Bankruptcy, and will help you navigate this process, and get your financial life back on track! To book a consultation, call us at 407.512.4394.

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Couples fight about money. It happens in almost every relationship. Fighting over financial matters can lead couples to enter into the divorce process. Subsequent to a divorce, alimony and/or child support payments may be mandated by the court. But what happens to those domestic support obligations when the ex-spouse charged with paying them files for bankruptcy?

When someone files for bankruptcy, they might believe that all financial obligations will be wiped away. While bankruptcy is a powerful tool that aids in debt relief from creditors, this process does NOT apply to obligations of alimony and child support. This was well defined in a 2005 law, titled “The Bankruptcy Abuse Prevention and Consumer Protection Act” (BAPCPA). This law altered the relationships between debtors and creditors and changed many aspects of bankruptcy law, including how a domestic support obligation is the be handled.
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How Does Bankruptcy Affect Child Support Payments?

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The BAPCPA recognizes child support payments as financial support that is intended to maintain human life. Therefore, such monetary arrangements are highly prioritized and protected by the court system.

If your ex-spouse files for bankruptcy it is not a reason to worry. Bankruptcy will not eliminate child support payments, nor can it change the monthly amount you’re owed. What it will do is eliminate certain low-priority debt which will make it easier for your ex to make domestic support payments, including child support.

The attorneys of The Orlando Law Group are experts in both Chapter 7 and Chapter 13 bankruptcy, as well as Family Law. We stand at the ready to assist you through these processes and answer any and all questions you might have. Schedule a consultation today by calling 407.512.4394.

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When one thinks of guardianship, it is often associated with minors whose parents have died or become incapacitated. However, adult guardianship does exist and it is an important process in which to safeguard the assets and quality of life in an individual who has lost the ability to care for themselves.

When the court finds an individual’s ability to make informed decisions regarding their finances or personal care to be impaired, the right to make such decisions can be granted to another person. When this occurs, the individual whose affairs are being managed is known as the “Ward” and the person handling them is deemed the “Guardian.” 
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Adult Guardianship in Florida – What You Need to Know

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This process consists of three steps.

1.       The court must determine the proposed ward’s mental incapacity.

2.       The guardian must be officially appointed for the purpose of carrying out the Ward’s personal and/or financial affairs.

3.       Accounting must be provided to the court regarding the Ward’s affairs.

Florida law accounts for both voluntary and involuntary guardianships. Voluntary guardianships occur when the ward is mentally competent, but incapable of managing his or her own estate. They voluntarily petition for the appointment of a guardian.

Involuntary Guardianship occurs when another individual files a petition in Probate court, stating that the proposed ward lacks the mental or physical capacity to manage their own person and/or property.

Subsequent to the appointment of a guardian, the ward may lose some or all of following rights:

–          The right to Vote

–          The right to marry

–          The right to travel at will

–          The right to seek or retain employment

–          The right to have a driver’s license

There are several different forms of guardianship.

Guardianship of the Person:

–          The Ward has little or no assets that require guardianship, but their ability to make decisions such as medical care, housing arrangements, and personal care are in question.

–          Financial accountings are avoided; however, the court still requires an annual plan summarizing the previous year and detailing proposed care strategies for the following year.

Limited Guardianships and Guardianships of the Property

–          The individual in question is capable of making personal decisions, but incapable of making financial decisions.

–          Guardian oversees the proper management of assets and makes an annual accounting to the court.

–          Also occurs if a minor is beneficiary of an estate and inherits money.

–          Also applies to scenarios in which a lawsuit settlement is payable to someone under the age of 18.

–          Permission from the court would be required before these funds can be used.

–          The guardian is responsible for making annual accountings to the court.

Plenary Guardianship

–          The ward is incapable of making BOTH financial and personal care decisions.

–          Guardian will oversee all decision-making areas.

–          Guardian will solicit the court for permission to spend assets for the benefit of the ward.

–          Guardian is responsible for accounting the ward’s assets and care.

Guardian Advocacy

–          A developmentally disabled child turns 18 and is viewed as an adult in the eyes of the law.

–          Summary form of guardianship in which the ward’s prior condition and medical reports take the place of an incapacity determination.

–          Guardian Ad Litem attorney is appointed to represent the ward and their rights in court.

–          Guardian Ad Litem investigates what solutions would be in the best interest of the ward.

Guardianship can be a complicated and difficult process to navigate. The Orlando Law Group specializes in guardianship, and is ready to answer your questions. Call 407.512.4394 for more information, or to schedule a free consultation. 

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Probate, the process of obtaining the court’s approval to pass property as instructed in a Will, is often misunderstood. Many people toss the term as though it is something to be feared and avoided at all costs. As such, there are many unsubstantiated rumors regarding the probate process. Many of them are like any other myth: a shred of truth that has been expounded upon until it’s false.

Here are some of the top myths and rumors concerning Probate, and the truth of them:
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Debunking the Myths of Probate

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MYTH: The Probate Process Lasts for YEARS

Truth: The vast majority of estates actually pass through probate court quite quickly. There are some factors that could lead to an elongated process. Those include continued income generated by the estate (Like that of a celebrity), family fighting, or if the estate is massive in size.

MYTH: Avoiding Probate Saves Money on Taxes

Truth: Sorry, but no. Estate taxes are determined under the tax law, which exists separately from probate rules.

MYTH: Probate Will Eat Up Most of the Estate’s Funds

Truth: In most cases, probate costs less than five percent of the estate value. Even that is only the case when you’re actually required to go through for formal process. Not all estates are required to do it.

MYTH: All of an Estate’s Assets Pass Through Probate

Truth: Nope! Assets titled in your name are the only ones that will pass through probate. Any jointly titled assets will pass outside of probate to the surviving owner or owners. IRA’s, retirement plans, and life insurance plans will also pass outside of probate as per your designation of beneficiaries.

MYTH: My Information Will be Kept Confidential

Truth: Not true at all. Any information that passes through probate will be a matter of public record.

Probate is a highly detailed process, which most people do not have any in-depth knowledge of. For assistance in creating your Will, it is always best to seek the aid of an attorney. The Orlando Law Group stands at the ready to assist you through this process. Call 407.512.4394 to book a consultation today!

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Medical insurance is a large expense for employers who provide that benefit. However, if you have older employees then employers can save money on their medical insurance, which seems counterintuitive.

Employers can save $5,000-$11,000 per employee (65 or older) on health insurance just by making a few simple changes.

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Employers Can Save Big on Insurance Costs for Older Employees

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For Example : If the employer is paying $1,200/month for employee insurance – $14,400 per year.

Medicare Part B is: $121

Medicare Part D is: $32

Medicare Supplement is: $185

TOTAL COST: $338/month – $4,056 per year                   

SAVINGS TO EMPLOYER-$10,344

This new plan is good with ALL doctors that accept Medicare in the United States. There are no copays, no deductibles, no referrals, and no medical payments for the employee. Coverage is 100%. Even with incidental costs for the employer, such as extra tax, bookkeeping, etc. the savings are still well over $8,000 per year. 

Therefore, employers should investigate this option with an insurance professional to help both themselves and their employees.

Mitchell Gordon has been a certified independent licensed insurance broker/agent for 17 years. He provides coverage for life policies to include Term, Whole, IUL, and Final Expense. He also provides coverage for various annuities and health policies such as Long Term Care, Dental, and Critical Illness. Mitchell specializes in Medicare/Medicaid education. He works with physicians and practice managers to help educate their patients about their health plans. Mitchell also gives seminars for churches, schools, and homeowner associations at no cost.

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You’ve likely heard of Search Engine Optimization, commonly referred to as SEO. The term is tossed around modern day marketing meetings on a fairly consistent basis, but with little understanding for the commitment and work required to mount a successful campaign. Misinformation about SEO runs rampant throughout the marketing world. But, despite this, SEO remains one of the most important, successful, returnable marketing tools available today!

SEO is the process of altering the content of your website, using a variety of strategically chosen key terms, to raise your result standing on popular search engine platforms, such as Google.

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SEO is the Present and Future of Digital Marketing

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The benefits of SEO are obvious. If you are an insurance broker in Orlando Florida, you want the influx of business brought upon by customers performing a google search for the services that you offer and in your area. Often times, when looking for services, consumers will perform an internet search to comb through vendors in their area before asking for referrals from friends.

Being listed at number one not only puts you in front of more potential clients and customers, but it instills a sense of quality in their minds. Google is a very well respected company, and when they list you as the number one authority in your field, it is a stamp of approval that goes a long way for consumers.

Your SEO score can be improved through content tweaks, as stated above. We live in the era of content, and when it comes to digital marketing, content is king.

  • To begin a successful SEO campaign, first you have to identify which key search terms you want to be ranked for. This is done through careful research. It’s important to target high volume terms that many people are searching for, that are also relevant to your industry. Google has a number of tools available to aid in this research, detailing the monthly numbers of searches for any key term you enter.
  • Once you have a plan of attack, adjust the content of your website so that it falls in line with your research findings. Consistently create new blogs and update your website’s information pages to include the key terms you want to be ranked for. Words, phrases, and relevant information need to be peppered throughout your pages, shining like a beacon on a VERY crowded street. When someone performs a search, Google’s bots crawl the web gathering information. Your content needs to stand out amongst the crowd.
  • These bots also check your site’s metadata, the descriptive information built into your pages. It is important to have your metadata and title tags optimized. A common mistake that many people make is having a title tag that states who they are, and not what they do. Google already knows who you are. What it’s looking for when compiling search engine results is what you do. A title tag that says “Johnson’s Dental Associates” isn’t going to do much for you. But if your title tag reads “24 Hour Emergency Dentist Surgeon Orlando FL” then you’re letting Google know what you do, and that information goes toward your SEO ranking.
  • The final and most important step of the SEO process is backlink generation. This is the most time consuming and difficult piece. Google needs to see relevant websites linking back to you. Typically, SEO specialist marketing firms will submit link bearing content to a variety of directories in an attempt to have links published on various sites. Many companies attempt to cheat the system by creating dummy websites featuring links back to their main site, to trick Google into increasing their ranking. This worked…for a time. But Google caught on and now tactics like this will actually hurt your SEO score. Backlink generation and the time it requires is one of the biggest reasons to bring on a marketing firm to handle your ongoing monthly SEO efforts.

SEO is not an overnight process. There is no guaranteed timeframe for first-page penetration, nor is getting onto the first page assured. Each case is different, and matters such as competition, key term search volume and more come into play. Typically, we estimate seeing a return on investment in SEO at around the six-month mark.

Because of this, many companies choose to subsidize their SEO efforts with Google Adwords, a service offered by Google in which you bid on key words and pay based on the number of clicks you receive. Adwords begins working immediately, giving the SEO time to gain momentum. Then, once the SEO is providing a return on investment, Adwords can be phased out.

SEO is the present and future of digital marketing. We live in a Google search society, and as such, our standing in the world of SEO becomes more important by the day. SEO is not something you take on for a short time and then abandon. It is a living breathing thing that must be nurtured on a consistent basis. It is time-consuming consuming, and at times frustrating. But it also can be lucrative, empowering, and rewarding in the long-run! 

Rogan Marketing and Communications is a Full-Service Marketing firm, specializing in website design and creation, collateral creation, video production, social media management, branding, and more. For more information, visit www.roganmarketing.com, or call 407.601.0845. 

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A company’s employee handbook is a vital document that helps welcome new employees into the fold, while explaining the key expectations of their new employer. But when constructing such a significant tool that serves as the backbone of the onboarding process, it is important to watch your wording, so as not to unintentionally create a binding legal employment contract.
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Does Your Employee Handbook Negate Your At-Will Status?

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Florida is an “at-will” state, meaning an employer has the right to terminate an employee without having to establish just cause, and without warning. The only employees who this would not apply to are those protected by a legal employment contract. A contract might provide a period of time in which an employee can only be terminated for limited reasons, as outlined. This can be a powerful bargaining tool when trying to woo a strong prospect with an offer of job security.

The wording of your employee handbook is so important, as one or two sentences could turn the document from an informative onboarding tool into a legal contract that ties the hands of an employer. Creating a contract through implication can occur with something as simple as stating that employment will be terminated if there is “good cause,” or making promises of job security for employees who do “good work”. One or two words of careless copy could land you in a mountain of legal trouble.  

When a probationary period is outlined in an employee handbook, it could create an implied contract. A court might interpret the transition from probationary employee to permanent employee to imply job security, and thus the permanent employee cannot be terminated at will.

It is also important to note your disciplinary policies. If you state that employees can only be fired for certain instances of outlined misconduct, and will undergo a series of warnings, write-ups, and documented coachings, a court could require you to live up to that. If an employee is released for a reason not outlined in the official policy, or if a step in procedure was skipped, that employee could sue you for breach of contract.

A simple fluffy statement like “hardworking employees will always have a job here,” can be seen by a court as a promise of job security. This would necessitate the presence of “good cause” for termination, effectively neutering your “at-will” rights from a legal standpoint.

When drafting an employee handbook, you should avoid any and all language that could be perceived as a promise of job security. Outline your rights as an at-will employer in the handbook, clearly stating that nothing found within is meant to be taken as a contract for employment. Finally, ensure that you are fully protected by requiring employees to sign an acknowledgement form, which states that they understand their employment is at-will and can be terminated at any time for any reason.

The Orlando Law Group stands at the ready to aid businesses in creating and reviewing business policies. If you are establishing a business, or simply looking to review your current employment policies, call The Orlando Law Group at 407.512.4394 for a consultation.

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As a business owner, it is very easy to be caught up in the here and now. These papers must be filed NOW. These spreadsheets must be completed NOW. Deadlines rule all. But life’s greatest deadline comes at the end of the road, and if a business owner suddenly becomes incapacitated or dies, decades of hard work could be undermined. All the undue strife that can befall the associates and loved ones of an ill-prepared business owner can be prevented easily with the presence of a strong estate plan.

While many believe estate plans to be contributed to an individual’s personal wealth, they also apply to business holdings and assets. The creation of an estate plan which includes entrepreneurial interests can be composed of a great many documents, all of which require years of careful planning.
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Protect Business Assets in Your Estate Plan

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It is best practice for a business owner to outline their wishes in his or her Last Will and Testament. In this document, a business owner can divide their assets among beneficiaries, and name an executor to oversee the distribution of both personal and business assets. If your business happens to be a sole proprietorship, in which you are the only owner, the executor should also be given access to the business’s digital identity; namely email accounts, bank accounts, accounting information, and social media sites. As wills are a matter of public record, this information should not be included in the body of the document itself.

Power of Attorney should also be established in the estate plan, to ensure that should the owner ever become incapacitated for any reason, an individual is named who has the authority to handle the everyday affairs of the business. This ensures that all facets of a company continue to work in the absence of its owner, including asset management, paying bills, making payroll, and all other vital functions that will ensure the company’s survival in the interim.

A strong succession plan should also be included in any comprehensive estate plan for business owners. This plan should be written out formally and prepared years in advance. A succession plan lays out the transition of a business’s leadership following the exit of its owner, and a new owner is established to take the reins. This person can be a family member, long-time employee, or anyone the owner fully trusts with the continued future of their company. For more information on succession planning, check out our blog entry HERE.

If your business is a partnership, in which you and another person share ownership, it is vital to have a buy/sell agreement in place. This important document details how an owner’s stake in the company will be distributed upon his or her departure. Whether a business partner dies, retires, enters bankruptcy, or files for divorce, your business must be protected. For more information on Buy/Sell Agreements, check out our blog entry HERE.

A strong and complete estate plan is vital to ensure that your business will continue to grow and thrive without you, or that your loved ones will be taken care of following the disillusion of your business assets. The attorneys of The Orlando Law Group are at the ready to help you create a strong and comprehensive estate plan, to ensure that your wishes will be upheld. Call 407.512.4394 to schedule a consultation today! 

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One of the most important decisions a person can make in regards to their estate plan is the choosing of an executor to carry out their wishes after they are gone. Choosing the right executor for your estate will help to make the transition seamless for your loved ones, and ensure that your wishes are met. So, what should one look for when assigning this vital role? What are the qualities that make an executor great? How can you select someone with full confidence, knowing that they will uphold your orders when you are not there to enforce them?

An executor is the person or institution selected by you, that will carry out your final wishes and administer your estate after you have died. Some of the duties that fall to this important position include: filing court papers, beginning the process of probate, utilizing the funds of your estate to settle outstanding debts and funeral costs, putting together an inventory of your estate, seeing to outstanding details like notifying government agencies of your death and terminating credit cards, preparing and filing income tax returns, and distributing your assets to the beneficiaries you’ve named in your will.
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How to Choose the Best Executor for Your Estate

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Estate planning is the process of creating documents that legally determine how your assets will be distributed after your death, including who inherits, who controls the distribution of your assets, and when your beneficiaries receive your assets. While most of us do not like to think about dying, we all want to care for our families when the unpleasant inevitable occurs, and estate planning allows us to do just that.

The first step estate planning is to account for all of your property, such as real estate, personal property, life insurance, bank accounts, retirement plans, securities, and business interests. Once you have an accurate picture of what is in your estate, you can easily make decisions about who should inherit your assets and how.

People often believe they do not need an estate plan because they do not think they are “wealthy” or that they have an “estate.” Everyone has an estate that needs to be planned – it is only a matter of how large it is. Creating an estate plan allows you to decide what happens to your family and your assets at your death and helps to provide you with peace of mind as to the protection of your legacy after you pass away.

One of the less talked about, but equally important aspects of creating an estate plan is making sure that you choose the right executor or personal representative for your estate. A personal representative is a person, appointed by the decedent’s Will or the court, to manage and administer the decedent’s estate and its associated assets. The personal representative may be the executor, who is the person named as such in the decedent’s Will; the successor to the executor; or an administrator appointed by the court where the decedent died without a Will naming an executor (this is referred to as intestate, or intestate succession). The terms personal representative, executor, or administrator can essentially be used interchangeably.

Generally, anyone can be an executor or personal representative, with a few major exceptions which differ by state. Florida law states that an executor must be at least 18 years old, cannot be a felon, and must be mentally and physically capable of serving (must not be determined legally incapacitated by a court).  While it is usually best practice to name someone who lives close to you, Florida law does have requirements for naming out-of-state executors. Namely, the non-resident executor must be related to you by blood, marriage, or adoption.

It is imperative that you made the right decision as to who will serve as the executor for your estate, as this person will have a significant degree of control over your assets and, in turn, your legacy after you pass away. But what are some the factors and questions you should ask yourself prior to deciding who will serve as the executor of your estate?

First, while this can be easier said than done, while making this important decision as to who should serve as your estate’s executor, you should choose someone based on their suitability for the role in a practical sense rather than based on emotional considerations or their relation to you. While many people may want to choose their son or daughter to serve as executor of your estate, this may not be the best decision based on practical concerns. For example, if you know that your son or daughter has had difficulties in the past with managing money or assets or you know that their personal wishes do not necessarily align with your personal wishes and goals for the administration of your estate, another person may be a better choice. While it can be challenging to remove your emotions from this potentially difficult decision, it is important to remember that estate planning is done for the protection of your estate, your family/friends, and your legacy, and as such, your own wishes for your estate are key. You want to pick someone that you can trust to follow your wishes and administer your estate exactly as you have directed, who will not disregard your wishes for their personal goals or benefit.

Trust is obviously a major factor in choosing an executor, and as such, many choose a family member of close friend. The most common choices for an executor often include spouses, children, or siblings. The key qualities for an effective executor include honesty, communication, and organization.  The distribution of assets can become a nightmare if handled by someone with lacking organizational or communication skills. You will also want to ensure that your choice is someone who is both personally and financially responsible. It is also a good idea to name an alternate executor, in the event your first choice does not work out or something happens to your first choice, such as death, incapacitation or major illness.

If you do not have a friend or family member with these skills, then it might be time to look outside of your circle and hire a professional. Third party executors can include banks, attorneys, and trust companies, to name a few. The Orlando Law Group provides this service, acting on your behalf after the event of your death to ensure that the burden of handling your estate is undertaken by professionals. Choosing a professional executor can also help to lessen the burden placed on your family and friends during a difficult time.

The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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By Jeffrey W. Smith - The Orlando Law Group

“Our new Constitution is now established, and has an appearance that promises permanency; but in this world, nothing can be said to be certain, except for death and taxes.”
-Benjamin Franklin, Letter circa 1789.

16588404 sLooking at our calendars, almost all of us can mark our birthdays, anniversaries, and important holidays but, as much as we prefer to lock this thought back in the furthest recesses of our minds, what about the day you’re going to die? All too often people roll the dice regarding their date with the Grim Reaper and all too often people lose to the house, leaving their families to deal with the consequences. Getting your estate in order by having your Will drafted and executed is one of the most beneficial responsibilities one can enact for their family in this most grievous time of need. Planning your estate can also assist you in keeping money out of your probatable estate, leaving more for your family and protecting those funds from creditors.

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You May Not be Able to Predict the Future, But You Can Plan for It

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Often of more concern than our inevitable, unknowable date of death are the circumstances surrounding how we will die. Death often comes swiftly and unexpectedly, but can also be lengthy, drawn out, and every aspect in between. Healthcare Directives will communicate your wishes to your family when you cannot communicate those wishes yourself due to incapacitation resulting from a medical condition or injury. For example, a Living Will takes the burden of “guilt” off of a family member tasked with making a determination to remove life support as that decision will no longer be theirs. The family member tasked with that responsibility will simply be carrying out the wishes of a loved one. The Healthcare Directives package at The Orlando Law Group consists of a Living Will (not to be confused with a Last Will and Testament), Durable Power of Attorney, Healthcare Surrogate Form, and lastly the HIPAA form. The other forms in our package will assist the caretaker in carrying on the financial and healthcare responsibilities of their sick or injured loved one during this time of need.

On a final note, (and I cannot stress this enough as every month I get at least one phone call from an individual crying on the other end of the line because a loved one has unexpectedly taken ill or has been seriously injured) in order to execute ANY legal document, the signer must have legal capacity. This means that the person must be competent, aware of what document it is they are signing, and understand the legal effect that document will have on that individual.

For a Will, the testator (person the Will is for) must have the ability to recognize the natural objects of one’s bounty, recognize the nature and extent of their estate, and understand that they are executing a document to plan the disposal of their estate after they die. The problem that occurs is, often times, when a person waits until they are in a critical position with their personal health or are the victim of a serious injury; they are on powerful sedatives, pain relievers or otherwise mentally compromised. In this state of mind, the injured or sick loved one does not have the capacity to sign a legal document and we are left to let the chips fall where they may.

One of the outstanding attorneys at The Orlando Law Group can help you avoid that inevitable situation, and we would be happy to answer any questions you may have about planning your estate.

Author: Jeffrey W. Smith, The Orlando Law Group

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey is a graduate of Oviedo High School and lives in Oviedo with his family.

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Divorce is not an easy process. Cleaving yourself from an unhealthy marriage can be costly, emotionally draining, and long. But the old adage states that a journey of 1,000 miles begins with a single step, and in terms of divorce, the first step is making a decision that it is time for a change. Ending your marriage ranks up there as one of the most difficult decisions a person can make. Many couples struggle with the decision for months and years before finally making the move. If you are at this crossroad, ask yourself if any of these five signs of a failing marriage are present in your life.
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Top 5 Signs That You Should Consider Divorce

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Ultimately, the first step in the process is to make the decision that you want to obtain a divorce. Getting a divorce can be one of the most difficult experiences in someone’s life, and as such the decision to obtain a divorce should not be taken lightly. Know that after obtaining a divorce, your life is likely to change significantly, from the amount of financial support you have received to the time that you spend with your children. When considering your options during this difficult decision, it may be useful for you to consult with a few trusted family members or friends along with the valuable knowledge of legal counsel.

If you are thinking about obtaining a divorce, but are not sure whether such a thing is the right decision for you and your family, click the button below to read our blog and learn about some of the important signs that may help you in making your decision. While this is not an exhaustive list, and there are many other reasons why a person may want to or should obtain a divorce, these are some helpful things to consider when determining what is best for you, your children, and your loved ones.

1.       Your Needs Are Not Being Met:

We all have needs, whether physical, emotional, or spiritual. Both partners must do their part and fulfill the needs of the other. When one-half of this equation drops off, the marriage becomes one-sided. No one should be forced to give their all and receive nothing back in return. If you feel unfulfilled in every aspect of your relationship, then you owe it to yourself to find happiness elsewhere, once a divorce has been finalized.

2.       Staying Together For The Kids:

The presence of children always hurts the divorce process, and in many cases, an abusive relationship will carry on for years because one or both parents do not wish to put their children through the stress. Often times, you’ll hear someone say, “we’re staying together until the kids are out of school,” and meanwhile they’re wasting away the best years of their lives.

Children are impressionable, and they see everything. Many of the values that a child carries into adulthood are learned from the examples set forth by their parents or guardians. Seeing an unhealthy relationship degenerate before their eyes will teach kids the wrong lessons about love. Seeing abuse on a daily basis normalizes that behavior, and they may adopt such a demeanor as they grow. Sometimes, it is healthier for children to experience the divorce process than it is to grow up in an unhappy home.

3.       Trust is Gone:

Trust is the most important element of a relationship. If you cannot trust your spouse, then every element of your marriage will be tainted. No one likes to worry about who their husband or wife might be speaking with, who they’re seeing, and what they’re hiding. Having to snoop around your significant other’s phone, drawers, or social media profiles is not something anyone should ever have to do.

Many times, repentance is possible, and through time and effort, the bond of trust can be mended. But, if you have been burned multiple times, ask yourself if you can ever truly trust this person again. If the answer is no, then it’s time the begin thinking about moving on.

4.       Abuse:

Abuse can come in many forms. Physical abuse is the most commonly known, but there are also mental, verbal, and emotional abuses, all of which are unacceptable in a relationship. By accepting abuse and continuing to give your spouse what they want, you are feeding into that behavior and reinforcing it. Abuse cannot be tolerated, and if you are being abused in any way, you owe it to yourself to get out of that relationship as fast as possible.

If you are a victim of physical abuse, consider calling the National Domestic Violence hotline at 1-800-799-SAFE.

5.       Unfaithfulness:

Whether you’ve cheated or been cheated on, unfaithfulness is a huge sign that something in your relationship is broken. Many times, a partner can overlook unfaithfulness, but it often looms above the marriage like a dark cloud. If you are trying to forgive a cheating spouse, make sure that you have it in your heart to fully forgive them, or you will have a tainted relationship forever.

Also, if you are thinking about being unfaithful, that is another sign that something in the relationship is broken. Either attend counseling and try to cut off the issue before anything happens or consider filing for a divorce.

Divorce is not fun, but it can be manageable. The Orlando Law Group specializes in Family Law, and will stand beside you during this difficult time. But, before that’s possible, you must decide what’s best for you, and make this important decision. If any of these five examples of a broken relationship can be applied to yours, then it might be time to schedule a consultation.

Call 407.512.4394 to speak with an attorney today. 

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