FAQ’s About Collaborative Family Law

Hello all! It has been a while since we discussed another one of Marcie’s specialties, collaborative family law. This lesser-known area of Family Law can be very beneficial and today I would like to shed some light on it by addressing some frequently asked questions.

1.) What is the goal of collaborative divorce?

- Collaborative divorce is a more efficient money-saving option that allows couples to focus on what is important to them without waiting for the results of their case to be decided by a judge.

2.) Why is collaborative divorce any different than a normal divorce?

- Instead of a judge deciding your divorce, you and your spouse get to be in control of decisions.

- The process is more open since it is kept out of a courtroom.

- It gives you and your spouse a chance to evaluate individual concerns and express these concerns at agreed-upon meetings.

- It saves money and time that a normal divorce would not.

3.) Does the collaborative divorce process work for everyone?

- The short answer is no. Every couple is different, and each situation requires finding out what type of divorce process is going to work for you and your spouse. If you know from the beginning that you and your spouse are not going to listen to one another and refuse to compromise on anything, then the collaborative process likely isn’t for you.

4.) How involved am I in the collaborative divorce process?

- Very involved! You will attend all meetings regarding your divorce. Also in between meetings, you will have a form of “homework” to help prepare for the next meeting and to move the collaboration process along. This will help resolve issues and provide a chance to raise any concerns at the next meeting.

5.) How long does the process take?

- There is no “one-size-fits-all” for collaborative divorce. Just like the process does not work for everyone, it is also the same that each case is different and some collaborative divorces take longer than others. While it is true that the collaborative process often is shorter than litigating your divorce in court, how long it takes will depend on how willing you and your spouse are to compromise and solve any issues in a respectful manner.

6.) Isn’t collaborative divorce just mediation?

- No. In mediation, there is a neutral third party that helps solve any disputes between you and your spouse. In collaborative divorce, you work with a team that includes your lawyer who can help give you legal advice and guide you through the process while always being a familiar face.

Hopefully, this blog helped answer any questions or confusion about collaborative family law. If you would like to discuss this option further or have concerns related to your case, please do not hesitate to contact our office!

Sources: https://cdrli.com/the-collaborative-process/faqs/

***The thoughts and information contained in this blog are not legal advice in any form. Should you have any legal questions please contact your attorney or our office to schedule a free consultation with Marcie Baker.

Can I Start A Second Job While Receiving Work Comp?

Happy Thursday, all! Can you believe it is December? This year has absolutely flown by and Christmas and New Year’s will be here before we know it.

Today I wanted to jump back into the world of Workers’ Comp. An important question many have when discussing work comp. is, “can I start/work a second job while receiving work comp. benefits? I hope to break down this question for you and provide some guidance on how to proceed when you are receiving work comp. Every state handles work comp. claims a little differently, so I will just be focusing on Florida for today’s blog.

- Taking a second job will impact the dollar amount of indemnity benefits you receive. This does not mean that you cannot take a second job, but you need to be aware that there will be an impact on the benefits you are receiving from the workplace where you were injured.

- It is important to remember:

o Your W/C benefits cannot be discontinued because you change your current job. However, a change in income may affect the indemnity benefits you are paid.

o Your W/C benefits cannot be discontinued if you accept a position doing light-duty work that pays a reduced salary. However, indemnity benefits may be reduced in certain circumstances.

o Your W/C benefits cannot be discontinued because you accept a lesser-paying position. However, if you are found to have voluntarily limited your income by refusing employment the benefits could be reduced or stopped.

- What are the reasons to change jobs? There are many reasons a worker may change or take on a secondary job. Here is a couple:

o There is a less demanding job that meets the recommendations the doctor had given about physical restrictions or light-duty work, that pays the same.

o There is a job that pays less but meets the doctor’s recommendation for reduced physical labor and lets you move on with your life.

- Another thing to remember is that any secondary income made when you have filed a work comp. claim and are receiving work comp. benefits MUST be reported. If you do not do so, your claim may be invalidated, or you could be accused of attempting to commit fraud.

- You need to discuss any restrictions or accommodations that you may need with your doctor before starting a second job. While you may want to get back to making a steady income, you need to be sure that doing so will not stop your healing process or injure you further.

- You may even be able to get a new job with your same employer! Another option after you have suffered an injury and filed a work comp. claim is to find a position of employment with your current employer where you can perform modified job tasks or work on light duty.

I hope this blog was informative and helped shed some light on the world of work comp. Please do not hesitate to contact our office or check out one of our other work comp. blog posts should you have any further questions!

Sources: 

https://www.sternberglawoffice.com/can-i-start-a-new-job-while-receiving-workers-comp-benefits-in-florida/ 

https://www.trustedchoice.com/workers-comp-insurance/faq/can-you-work-elsewhere-while-on-work-comp/ 

https://bencrump.com/workers-compensation-lawyer/can-i-change-jobs-while-on-workers-compensation/

**The thoughts, ideas, and contents of this blog do not constitute legal advice in any form. If you have any legal questions, please contact your attorney or our office so that we can assist you further.

Happy Thanksgiving!!

Happy Thanksgiving all! I hope you can all find something to be especially thankful for today whether it be family, friends, or something good that has happened in your life recently. Please enjoy these funny memes that I have found to celebrate today.

From all of us at the Law Office of Marcie Baker, we wish you a Happy Thanksgiving and Happy Holiday season!

Fun Facts About Lawyers!

    Hi all! Our world continues to be full of hate and negativity, so I wanted to lighten things up with some fun facts about lawyers. Some you may know, and others may be new information to you. Hope you all enjoy it!

1.) There is a difference between a lawyer and an attorney. It can be confusing, but, all attorneys are lawyers, yet not all lawyers are attorneys. An attorney is a lawyer who has passed the bar exam and can practice in court. A lawyer on the other hand is someone who has learned and trained in the law, but does not necessarily practice in court, nor has passed a bar exam. When I graduate in May I will be a lawyer and when I take and pass the July 2023 bar exam I will be an attorney.

2.) The first law school can be traced back to 450 BC. Located in modern-day Beirut, Lebanon, this school focused on Roman law. The school specialized in perfecting law and rhetoric practice and was supported by Roman emperors.

3.) The first female attorney in the United States is from 1869. Arabella Mansfield not only took the Iowa Bar, but she had some of the top scores. It was actually illegal for her to take the bar because at the time the legal profession was reserved specifically for men, but after she sued the state she was able to sit for the Bar Exam and become the first female attorney.

4.) Just like we have National Siblings Day, National Margarita Day, and Grandparents Day, we also have Law Day! In 1958, President Dwight Eisenhower declared May 1st as Law Day to commemorate and celebrate the rule of law.

5.) How many lawyers are there in the United States? As of October 2022, There are currently 1.33 million lawyers in the United States. That means that there is roughly one lawyer for every 240 people in this country based on the current population.

6.) There are actually many famous celebrities who have attended law school. Some notable names are Jerry Springer, John Cleese, Gerald Butler, and Geraldo Rivera.

7.) The reason people hate lawyers isn’t what you think. A study was conducted and found some of the reasons people don’t like lawyers are:

- People find them intimidating

- They have their own language that is very confusing

- They seem smarter than everyone else

Attorney Marcie L. Baker strives to offer a relaxing atmosphere and works to demystify the legal process.

Again, I hope this week’s lighter side of the blog was enjoyable. Remember to find something positive in every day even though the world around us can be so negative and chaotic. Have a great rest of your week!

Sources: 

https://www.noblecriminaldefense.com/post/seventeen-fun-facts-about-lawyers-that-you-cannot-object-from https://www.infotrack.com/blog/10-fun-facts-about-law/

Dealing with Legal Issues During the Holidays

Hi all! The holidays are officially upon us. While this time of the year can bring lots of joy, happiness, and excitement for many, the holidays can also be very stressful for you and your family. Today I want to dig a little deeper into how to deal with any legal issues that may arise, or that you may already be dealing with, during the holiday season.

1.) Dealing with a Holiday Parenting Plan. Maybe you already have the holidays worked into your regular parenting plan. Regardless, here are some tips to stick to that agreed-upon plan when the holiday season rolls around.

- Identify the specific holidays that are important to you and your family.

- Be specific about the times that define the holiday.

- Consider whether or not the holiday may or will involve travel. It is important to build this into your holiday plan even if you do not plan to travel every year.

2.) Dealing with an Ongoing Divorce. It can be hard to put on a brave face at any time during a divorce. However, it can be even harder when the holidays roll around and you want to keep as much stress and negativity away from the holiday season as possible. This is why, especially during the holidays, it is important to have a good support system, take care of yourself, and make sure that however the divorce is proceeding is in a way that is most beneficial to your family and your situation.

3.) Dealing with filing Bankruptcy. If you have already filed for bankruptcy before the holidays or will be preparing to do so over the holidays it is important that you make a plan to spend your money wisely during this time. There are often holiday-related expenses whether it be travel, gifts, or decorating and it is important that you make wise choices with your spending during this time. This does not mean that you cannot give thoughtful gifts to your loved ones, but you should be aware of how much you think you will spend so that you can budget accordingly.

4.) Dealing with a Workers’ Comp. claim over the holidays. With the stress of the holidays, you may forget some of the essential steps that you need to carry out to report and deal with your workers’ comp claim. So, I have listed some of the important ones below:

- You must report the incident to your employer within 30 days of the incident. We recommend you notify your employer as soon as possible.

- Then, your employer has 7 days to report the injury to the workers’ compensation carrier and your claim goes from there.

- To successfully prevail in any workers’ compensation claim, you must be able to prove the injury occurred.

- Evidence that can help build a strong claim includes medical records, witness testimony, and photos or video.

I hope you all found this blog to be helpful, especially as we head into what I am sure is going to be another busy, and likely stressful holiday season. If you have any further questions or concerns, please feel free to contact our office.

***The thoughts and information contained in this blog do not constitute any form of legal advice. If you or someone that you know is dealing with a legal issue please contact our office to set up a consultation with Marcie Baker.

Sources: 

https://www.masters-lawgroup.com/news/top-5-family-law-issues-over-the-holidays/ https://www.hg.org/legal-articles/holiday-considerations-for-bankruptcy-45893 https://www.sternberglawoffice.com/how-to-handle-injuries-suffered-at-a-work-holiday-party-in-florida/

When is the Best Time to Declare Bankruptcy?

Hi all! Happy November! Hopefully, everyone had a good Halloween and got lots of candy and goodies. Thanksgiving and Christmas are going to be here before we know it. Today I want to keep demystifying bankruptcy and help you all to better understand what is involved with declaring bankruptcy.

So, when is the best time to declare bankruptcy? Unfortunately, there is not one clear answer. Ultimately, it depends on your specific circumstance and what is going to be best for you and your family. However, I will share some tips and tricks for you to figure out “when” filing is the best for you.

1.) When you decide to file, you may realize that you want to delay doing so for a number of reasons. For example, you may still be taking on new debt, have experienced a significant change in income, or have recent financial activities that may negatively impact your case. It is important to evaluate all of these factors before deciding to file.

2.) Because Marcie deals in Chapter 7 Bankruptcy, I want to further address the change in income point. As I have said in previous posts, to be eligible for Ch. 7 bankruptcy you have to pass the means test. This is a test that, “looks at your average income over the last six months. If your income is too high and you don’t pass the means test, you may not qualify for Chapter 7.” This is why it may be a good idea to wait to file if you are about to experience a significant income change.

3.) Chapter 7 bankruptcy offers many who file a fresh start or a “clean slate.” But, it is important to note that the record of your bankruptcy will stay on your credit report for 10 years. That is why it is important to evaluate all current factors in your and your family’s lives because making the choice to file will stay with you for a significant period of time.

4.) Another reason to potentially delay is that you foresee more debts coming your way in the future. Under federal law, there are strict deadlines and waiting periods when it comes to how long you have to wait between filing multiple bankruptcies. If you file Ch. 7, then you must wait eight years before receiving another Chapter 7 discharge. This is just important to be aware of because the law does not allow for any exceptions to this waiting period and you need to make sure when you are filing really is the best time for you and your situation.

5.) Finally, here are some important questions to ask before deciding to file for bankruptcy.

Am I unsure how much I owe?

Will bankruptcy actually resolve my debts?

Do I get frequent calls from bill collectors?

Evaluating these questions and others will help you put your situation into perspective and decide if now is the best time for you to file.

Hopefully, this helped you all better understand the best time for filing bankruptcy and what that can mean for you. As always, please reach out to us with any questions or concerns. We are happy to help!

**Nothing contained in this blog constitutes legal advice of any form. The information and facts included are not a substitute for speaking with an attorney and obtaining legal advice. Please reach out to our office if you have any questions.

Sources: 

https://upsolve.org/learn/delay-filing-bankruptcy/ 

https://www.legalzoom.com/articles/bankruptcy-basics-when-should-you-throw-in-the-towel 

https://www.youngmarrlaw.com/when-to-file-bankruptcy-is-there-a-best-time/

Some Spooky Fun

Hi everyone! Since Halloween is just around the corner, and this will be my last blog before all the Trick-or-Treaters are out and about, I wanted to make this week’s post a little more lighthearted. Hope you enjoy!

1.) What does a Panda Ghost eat?

- BamBOO!

2.) What does a Ghost Mom say when she gets in the car?

- Fasten your sheet-belts!

3.) What kind of music do Mummies listen to on Halloween?

- Wrap music!

4.) What is a Vampire’s favorite fruit?

- Neck-tarines!

5.) What do Skeletons order at a restaurant?

- Spare-ribs!

6.) Why can’t Skeletons play church music?

- Because they have no organs!

7.) What do you call two Witches who live together?

- Broom-mates!

8.) What kind of food would you find on a haunted beach?

- A Sand-Witch!

9.) Who helped the little pumpkin cross the road?

- A crossing gourd!

10.) Why was the Jack-O’-Lantern scared?

- Because he had no guts!

11.) What kind of monster loves to disco?

- The BoogieMan!

12.) Why do female ghosts go on a diet?

- To keep their Ghoulish figure!

13.) What do Ghosts use to wash their hair?

- ShamBOO!

14.) What does a zombie call his parents?

- Mummy and Deady!

15.) What do you call a Halloween monster who is really bad at scaring people?

- A Halloweenie!

Have a wonderful Halloween everyone! See you in November!

Sources: 

https://www.countryliving.com/entertaining/a32963261/halloween-jokes/ https://www.rd.com/article/halloween-jokes/