The Survivor Benefit The survivor benefit or Survivor Benefit Plan (“SBP”) is an annuity paid to a service member’s spouse if the service member dies in active service. Unlike the survivor annuities for federal civil service employees, the military SBP can go to only one person, whether spouse or former spouse. So if your military […]
What Chapter 7 Bankruptcy Can Do for You
When you are facing financial hardships that make it impossible to pay your monthly bills, it is not uncommon to feel that you need to bury your head as if you were hiding in a bunker. Process servers may be staking out your home so that they can serve you with a debt collection lawsuit […]
Ongoing Case Regarding Obama Amnesty Executive Order
President Obama’s immigration overhaul executive order is under fire. Last November President Obama signed an Executive Order establishing the Deferred Action for Parents of Americans and Lawful Permanent Residents Program (“DAPA”). Soon thereafter, 28 states sued the federal government claiming that it violated of the Administrative Procedure Act (“APA”) and the Take Care Clause […]
Big Change in Law Regarding Fight Against Opiate Trafficking
To tackle the growing problem of opiate addiction and trafficking, the Florida Legislature made a big change to trafficking and possession laws in Florida in 2014. In June of last year the governor signed into law SB 360 which raised the trafficking threshold weights for oxycodone and hydrocodone, and adjusted the minimum sentences for trafficking […]
Stand Your Ground Explained
The Scope of the Law August 7, 2015 would have been Trayvon Martin’s twentieth birthday. On such an anniversary, a review of some of the laws that applied in how the case was handled is apt. One of the more important aspects of the case of Martin, unlike Michael Brown or Eric Garner who […]
Ensuring Financial Security in Divorce: Equitable Distribution of Retirement Accounts
In many Florida divorces, retirement accounts constitute one of the most valuable marital assets. Under Florida equitable distribution law, each spouse is entitled to half of the value of the collective retirement of both spouses built with contributions during the marriage. The basic assumption during a divorce in Florida is that all assets […]
Why Contempt Might Pose an Empty Remedy If Your Spouse Fails to Comply with a Divorce Judgment
If you are contemplating a divorce or considering a marital settlement agreement (MSA), you might wonder what happens if your spouse fails to comply with the court’s orders. Many people proceed through the divorce process with the assistance of a typing service, paralegal or other non-attorney. These non-attorneys often tell parties that they […]
Saving Your Home from Foreclosure by Filing Bankruptcy in Florida
For homeowners coping with financial problems and missed mortgage payments, the notion of claiming bankruptcy might seem like a last resort to be avoided at all costs. But in some cases, bankruptcy might constitute the best way to stop the foreclosure process and prevent permanently losing your home. Once a bankruptcy petition is filed, […]
What to Know about QDROs in a Florida Divorce
Many divorce settlements require that retirement assets be divided between the spouses. After the divorce is final, a Qualified Domestic Relations Order (QDRO) is drafted which directs the administrator of the pension plan to give a portion of an employee’s pension to the plan participant’s ex-spouse. The drafting of the QDRO can be the […]
Slip and Fall Injuries: Steps To Take After An Accident
While slip and fall injuries make for some of the most common cases in the justice system today, it remains difficult to deal with them. There are certain specific attributes of the slip and fall cases which are not that easy to resolve and the plaintiff would typically need to ensure that he’s able […]