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Imputed Income – What That Means for Child Support

Some people will do anything they can to get out of paying a fair amount of child support – including quitting a job. Even if one parent is unemployed, the court may utilize a tool called imputed income to determine how much one parent should pay for the care of the minor child or children.

What is imputed income and what does it do?

When we define imputed income as it pertains to child support, we are talking about the court determining how much income the parent could be earning. The court may use this tool if the parent is unemployed or underemployed.

  How will the court know if someone is underemployed?

Typically, a party knows how much income their spouse generated during the marriage. If during the discovery phase it is determined that an individual is reporting less earned income than they historically earned, an attorney can request that the court impute a fair income of what the spouse should be or could be earning.

How Does the Court Determine Imputed Income?

In South Florida, the court will look at the individual’s prior earnings, labor statistics showing median income in the South Florida area for jobs for which the spouse is qualified, and even a vocational evaluation to assess earning capacity. Also examined during the process are:

Level of education

Past employment history

Historic earning capacity

Employment opportunities in the area

When is it necessary to impute income?

The following are reasons why a court may assign imputed income:

A parent is voluntarily unemployed

A parent is underemployed when he (or she) could have a higher level of earned income but is choosing not to do so

The parent’s lifestyle speaks to a higher level of income than what is claimed

When there are other clues of hidden income

If the parent has turned down offers of promotion, bonus, or employment

The decision to “cut back” on work hours or improve quality of life by taking a less stressful (and lower paying) job is not reason enough to avoid paying a fair amount of child support. The court will find these to be voluntary reasons for lowering one’s income.

When Is Income Not Imputed?

The court will not impute income in legitimate cases when a parent does not have the ability to earn more money. Examples of legitimate circumstances include:

Involuntary loss of job through no fault of their own (but they must make good faith attempts to find new employment)

If a parent has gone back to school to improve their earning capacity

Inability to work or earn a higher level of pay due to disability or similar valid reasons

Challenging imputed income requires proof of one’s circumstances. That may include job search records, a competing vocational expert, and testimony from the employer.

Whether you are the party whose earning capacity is being questioned, or the party who thinks their spouse is underemployed, it is best to secure the services of a family law attorney in South Florida. Coral Springs attorneys Brodzki Jacobs & Brook are here to help you get through these difficult times. Contact us at (954) 344-7737.

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Changes to the H1B Status

Recent changes to the H1B status have remained relatively hidden from the public eye with the nation’s focus on the government shutdown. However, the way the H-1B process is changing may affect many businesses and individuals.

For foreigners, the H-1B visa program is a way to enter the US and build a new life as it offers a transition to a green card. Applicants often include international students transitioning from F-1 status to an H1B visa.

The U.S. Citizenship and Immigration Service (USCIS) holds a lottery each year to determine who will receive a coveted H1B visa. Recent changes to the H1B status selection process impacts primarily Chinese and Indian nationals relied upon by the IT industry. Together, those two groups accounted for 82 percent of H-1B visas granted in 2016.

With the current administration’s policy of “Buy American, Hire American” Executive Order, those foreign workers with the highest level of training, skill, or wage level receive priority for the work visas.

What Is the Premium Process Change to the H1B Status?

Premium Process was an option for potential beneficiaries of an H-1B visa to pay an additional fee to receive an expedited decision on a visa application. This option, curtailed in August 2018, restricted applicants looking to change their work location with their current employer. Those H-1B visa applicants looking to change employers were also affected by this decision which comes to an end in February 2019. It is unsure at this time if the process will continue.

The impact on companies who can no longer get qualified employers may affect the bottom line, as delayed projects could equate to financial losses.

Among the other changes to the H1B status since November 19, 2018, is another hindrance to the hiring ability of companies looking for highly-skilled foreign workers. The Labor Condition Application Form (LCA) provides additional information about work locations, job positions, and salaries. To force US businesses to hire Americans, the new LCA may compel companies to pay higher salaries to foreign workers than US nationals. The goal is to encourage the hiring of Americans for similar jobs rather than bring in foreign individuals. A downside to this is that it elicits internal information from companies that could lead to negative press attention.

Is There Any Good News with the Changes to the H1B Status?

Yes, proposed changes to the way the H-1B visa lottery system works may affect a particular group of workers. With the current changes to the H1B status, those individuals in the stem fields, especially math and engineering for high tech positions, will have a better opportunity to receive an H1B visa if they have the highest skill or payment levels. Those individuals with master’s degrees will receive priority over individuals who only have a bachelor’s degree. The good news for American companies is that means they will be able to hire foreign workers with the best skill sets – although at a higher cost.

These latest changes may benefit foreign students graduating from US colleges with master’s degrees or higher, as they will have the best opportunity to receive an H-1B visa. Those individuals with the highest level of training and advanced education will have priority to remain and work in the US.

To improve the overall process to file H-1B cap-subject petitions, petitioners will first register electronically with the USCIS. Supporting documentation and H-1B petitions are not required until the cap selection process is completed. This change will not go into effect until next year.

For additional information on these changes, contact Coral Springs attorneys Brodzki Jacobs & Brook at (954) 344-7737.

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Broward County Estate Planning Attorneys

Estate planning in Broward County does not have to be a stressful situation. When you find the right Broward County estate planning attorneys, you will be expertly guided through the process of creating any legal documents you need to provide you and your family with peace of mind.

Some of the services we provide our clients include the preparation of the following:

Will

Power of Attorney

Revocable Living Trust

Irrevocable Trust

Health Care Surrogate

Based in Coral Springs, FL, Brodzki Jacobs & Brook helps individuals, families, and businesses throughout Broward, Palm Beach, and Miami-Dade Counties get their affairs in order. Our caring and professional staff of attorneys will help you determine what documents you need.

Why Do I Need to Speak to an Estate Planning Attorney?

Even if you do not have much in the way of assets, there are many reasons why speaking to an estate planning attorney is important:

If you have children, you want to determine who will take care of them if something should happen to you. The only way to ensure that your wishes are carried out is by arranging this legally in advance.

If you do have any assets, you will want to avoid was it called an inheritance tax or estate tax. Without the proper documents in place, your heirs could wind up paying a significant amount of the money you leave them to the government.

In addition to avoiding heavy taxation, it is also important to complete the necessary documents to avoid your estate going into probate. What is probate? Probate is a court-supervised process of determining what will be done with your assets should you die without completing the necessary documents. You can avoid a lengthy and costly legal battle for your heirs by handling all your legal and financial matters in advance.

Advance planning helps you determine what will happen to you should you become incapacitated and unable to speak for yourself. Designating a health care surrogate allows you to decide who will handle your medical needs.

Do you have certain assets you want to give to specific people? If so, designating that in advance will help avoid conflict after you are gone.

Our Broward County estate planning attorneys can help you complete all the necessary documents to protect your loved ones after you are gone. Whether you live in Parkland, Fort Lauderdale, Coconut Creek, Miami, Boca Raton, or anywhere else in South Florida, we can help.

Let Our Professional Team of Broward County Estate Planning Attorneys Protect You

There is no way to know what the future will bring. Waiting until you are older to get your affairs in order is not always the wise move. Accidents and unexpected illnesses happen. The goal is to be prepared in advance for what we hope will never occur. Speaking with one of our experienced estate planners can give you the peace of mind you need that your loved ones will be protected in an emergency. You will be able to designate an executor of estate rather than leave it up to the courts.

For more information, contact our Broward County estate planning attorneys at Brodzki Jacobs & Brook to discuss your options. We are here to provide answers to your questions. Contact us at (954) 344-7737.

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Getting Divorced in Coral Springs

If you are considering getting divorced in Coral Springs, the first thing you want to do is speak with an experienced and compassionate attorney that can guide you through the process. Getting a divorce does not have to mean fighting with your soon-to-be-ex or losing everything you own. A divorce does not need to be contentious or take years to finalize. With the right divorce attorney by your side, you can get through this change in your life with your dignity and your assets intact.

Our experienced and caring team of divorce lawyers at Brodzki Jacobs Brook can help you navigate the many divorce papers you will need to complete. A divorce is a confusing time for many people. Aside from the emotional aspect of ending a union you expected to last a lifetime, there may be assets to divide and the best interests of children to consider.

Whether you live in Parkland, Coral Springs, or anywhere else in Broward, Palm Beach, or Miami-Dade County, we are here to help. Our Family Law team has helped countless men and women emerge from a divorce ready to start the next chapter in their lives.

Divorce in Coral Springs: What Comes First?

Whether or not you have children, one of the first steps in getting divorced in Coral Springs is to get your documents in order. Even in an uncontested divorce, you will still need a marital settlement agreement. Issues such as alimony, child custody, child support, and property division are part of the settlement.

If you and your spouse are amicable and agreeable, you can even sit down with a mediator and work everything out together. In a collaborative divorce, the two parties and their attorneys work with a neutral facilitator to negotiate a mutually acceptable settlement. The goal of the process is to make the divorce fair to both parties. This is also one of the most affordable ways for how to get a divorce in Coral Springs or Parkland. There are no lengthy court proceedings that run up a large legal bill.

When filing for divorce, one of the parties initiates the process with his or her attorney. Separation papers are not always necessary, especially if the parties are working together for the good of everyone involved. A nasty divorce can be especially hard on any children. It should be the goal to avoid problems and to keep the children out of the situation whenever possible.

Our attorneys will help you with the completion of all necessary divorce forms. The divorce process may seem daunting, but we work with you to simplify it whenever possible.

If the possibility of getting divorced in Coral Springs is in your future, you should call and speak with one of our attorneys now. The sooner you start to prepare for a divorce, the better your outcome will likely be. There are many forms and financial information you will need to gather. It is best to get a head start on the process while you are in your home and have access to your files.

Contact Coral Springs attorneys Brodzki Jacobs & Brook to discuss your situation. We are here to provide answers to your questions. Contact us at (954) 344-7737.

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Bankruptcy Attorneys

You have a beautiful home, and you do not want to lose it in foreclosure, repossession, or bankruptcy. When you begin searching for Parkland bankruptcy attorneys, you want to find someone who will listen to your concerns and help you through this difficult time.

Brodzki Jacobs & Brook is your judgment-free, safe, and caring law firm that will help you with filing bankruptcy. There are many reasons why you may find yourself in this situation. For some people, it can be the loss of a job; for others, perhaps a divorce or insurmountable medical bills. Whatever the reason you find yourself looking at filing a Chapter 7 bankruptcy, we can help.

Our law firm has helped many residents in Coral Springs and Parkland come out from under the crushing weight of debt. Now it is time for our bankruptcy attorneys to help you.

Our Bankruptcy Attorneys Will Help Determine Whether to File Chapter 7 or Chapter 13

Trying to decide between filing a Chapter 7 or a Chapter 13 bankruptcy is not easy. Ultimately, your financial situation will be the determining factor. Our bankruptcy attorneys look out for your best interest when making this decision.

The goal of filing for bankruptcy in Broward County is to help you get out of debt. Once your debts are discharged, you can begin again and rebuild your financial status with peace of mind.

When you get behind in your bills, the creditors start calling. Not knowing if the next phone call is going to be someone asking for money can add incredible stress to your life. We can help eliminate that stress by taking over the calls with the creditors. When you have proper representation from bankruptcy attorneys, creditors are no longer allowed to bother you. If they call, simply refer them to our office.

Creditor harassment, wage garnishment, fear of repossession, and foreclosure will all come to an end once you file bankruptcy in Broward County. Our legal team has helped countless individuals in Parkland and Coral Springs emerge from bankruptcy without losing their homes or other valuable assets. Depending on the type of bankruptcy you file, you may be able to hold onto your assets – rather than surrendering them to the courts. It is our job to help you file the bankruptcy that is right for you.

Our legal team at Brodzki Jacobs & Brook will be present with you at all bankruptcy hearings. We handle and address the concerns of the trustee throughout the process. Contact us at (954) 344-7737.

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Legal Documents for Elderly Parents

It is easy to get so caught up in our own lives as we raise our children that we often forget that our parents are aging, as well. There comes a time when you must stop and look at the situation your aging parents are in, and, perhaps, step in and get involved. This article addresses the 5 most important legal documents for elderly parents and what you need to discuss.

It is not easy discussing legal documents and end-of-life scenarios with your parents. They likely fall into one of two categories:

The planners who have already made the cemetery and funeral arrangements. They have set up trusts and advance directives, and have the necessary power of attorney documents in place.

The avoiders who will not discuss anything and figure you will sort it out after they are gone.

Yes, there is a middle ground. Some people might have written a will or even completed a health care proxy. However, those documents might also be decades old. Having this difficult discussion with your parents is essential. You can address any issues that may be of concern at a later date.

What Are the 5 Most Important Legal Documents for Elderly Parents?

Although there are many important documents that your parents might need, there are five that are essential. The documents listed below address end-of-life decisions and financial matters.

The 5 legal documents for elderly parents include:

Living Will (medical directive)

A Will

Durable Power of Attorney for Health Care

Durable Power of Attorney for Finances

Revocable Living Trust

Why Your Elderly Parents Need a Living Will

A living will is also known as a medical or advance directive. It lets your parents decide now, while they are able, what care they want to receive in terminal situations. This is one of the most important legal documents for elderly parents as it takes the burden off the children should a situation arise.

The medical directive allows your parents to determine the following:

Resuscitation

Pain relief

Sustenance

Antibiotics

Invasive life-sustaining measures

The Importance of a Will – Even If Your Parents Have Nothing of Value

Next on our list of legal documents for elderly parents is a Will. A Will allows your parents to decide who will get what after their death. It is a difficult subject to discuss. No one wants to think about a time when they are no longer here; however, without a Will, the court will apply the state’s intestacy laws to determine who gets what. The money and assets could be tied up in the legal system for quite some time. A Will can prevent costly and volatile legal battles in the future.

Why a Durable Power of Attorney for Health Care is Important

The health care DPA lets you make necessary decisions about health care for your aging parents when they cannot. A “HIPAA release” should be a part of the health care power of attorney. Medical professionals will need this to release or grant access to medical records and discuss their care with you.

With a durable power of attorney for health care, you can make the following decisions:

Managing who has access to medical records

Arranging for hospitalization

Consenting to care

Refusing treatment options

Deciding on long-term care situations

Arranging for psychiatric treatment

Importance of a Durable Power of Attorney for Finances

Whereas the DPA for health care allows you to manage their care, the financial power of attorney allows someone to handle their finances. As some people age, their ability to handle their finances sometimes falters. This could include remembering to pay bills, manage investments, and obtain the proper insurance. The financial agent on record should act in your parent’s best interests to handle their financial interests. Of course, your parents can limit the scope of what the DPA can allow.

Why Do Your Parents Need a Revocable Living Trust?

The benefit of a revocable trust is that it can be changed or undone at any time. Your parents will be able to manage and control their assets for as long as they are mentally able or alive to do so. A “successor trustee” will take over the management of the trust when your parents cannot.

Your parents will determine what assets go into the trust, and to who they are granted after their death. The revocable living trust also helps avoid probate after their death, which allows for a seamless transition of asset ownership, while maintaining your family’s privacy.

Coral Springs attorneys Brodzki Jacobs & Brook can help you with these documents. Contact us at (954) 344-7737 for help with your legal needs.

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Asylum Denials Surge in Florida and the US

Recent data from the Transactional Records Access Clearinghouse (TRAC) shows that asylum acceptance rates have hit a 20-year low. For the fiscal year ending September 30, 2018, immigration judges have issues asylum denials for 65 percent of the claims. In 2017, 42 percent of asylum claims were denied.

Florida asylum denials have reached an 18-year high with 86 percent of applicants in Miami being turned down. Orlando judges have rejected 85 percent. According to TRAC, those denial rates are the highest since 2001.

The asylum process is not fast. Those who seek asylum must enter the US and apply in person. Foreign nationals who seek protection from persecution in their home countries may remain in the US while U.S. Citizenship and Immigration Services processed their applications. The process can take 3 to 5 years due to the current backlog. Those applicants who receive their decisions this year most likely arrived and applied for asylum before the current administration took office.

Changes in Immigration Rules Leading to More Asylum Denials

The current administration’s changes to immigration rules allow immigration judges the right to issue asylum denials to individuals claiming domestic or gang violence as a reason for fleeing their countries. Prior to this administration, immigration judges could use administrative closure, a form of discretionary relief that offers temporary protection against deportation to those individuals who did not receive asylum. Administrative closure ended this year.

It also seems as though specific groups are being targeted more frequently for asylum denials than other groups. For example, in Miami, more Venezuelans are receiving asylum, partly due to their arrival at the Miami airport with business and tourist visas. Unlike Central Americans who must cross the Rio Grande, the Venezuelans typically have money and legal representation. They also tend to have allies in the Miami community’s Cuban American lawmakers.

In places such as El Paso, Texas, immigration paints a different story. Mexicans do not fare as well in immigration courts. Only 14.5 percent of asylum seekers from Mexico received asylum in 2018.

In 2018, Central American asylum seekers from El Salvador received a 23 percent approval rate. For Hondurans, it was 20 percent while those from Guatemala had the lowers asylum rate of 18 percent. Part of the reason behind these asylum rates is that Hondurans typically claim gang violence and Guatemalans report domestic violence. Both reasons for seeking asylum are no longer considered approval-worthy due to the new laws. For Salvadorans who face direct violent threats, the asylum rate is higher.

Those who seek asylum only to have it denied risk being deported and returned to their countries where they face persecution and potential violence.

For further information on immigration, contact Coral Springs attorneys Brodzki Jacobs & Brook at (954) 344-7737.

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Filing for Bankruptcy Again – How Soon Can I Do It?

Filing for bankruptcy is never an easy thing. You have to provide the courts with quite a bit of financial documentation and information about your personal life. With a Chapter 7 bankruptcy, you may have to forfeit some of your assets and possessions. No one wants to go through the entire process again. Unfortunately, sometimes that is exactly what you find yourself facing. In this situation, it is imperative that you let your bankruptcy lawyer know about any previous filings.

Question we often hear are: Can I file for bankruptcy more than one time? How long do I have to wait to file bankruptcy a second time?

The answers are: Yes, it is possible to file for bankruptcy more than once. The amount of waiting time for the discharging of debts depends on the previously filed type of bankruptcy as well as the one you expect to file this time.

Filing for Bankruptcy After a Previous Chapter 7 Bankruptcy

If you are filing for bankruptcy after having previously filed Chapter 7, you may receive a subsequent discharge based on the following conditions:

Filing Bankruptcy Chapter 7 again – after your first Chapter 7 bankruptcy is discharged, you must wait a total of 8 years before you can file for Chapter 7 again and have it discharged. If you file before the 8 years are up, your petition will be denied, and your debts will not be discharged. You will still be responsible for paying your outstanding debts. The 8 years of waiting begins the day you filed the original Chapter 7 bankruptcy, not the day it was discharged.

Filing Bankruptcy Chapter 13 – following the discharging of a prior Chapter 7 bankruptcy, you only have to wait for 4 years if you want to file for a Chapter 13 bankruptcy this time. Debts from medical bills, credit cards, and personal loans may be discharged if you complete the entire 4-year waiting period. If not, your unsecured debts will not be discharged, and you will still be responsible for the amount owed. Again, the time begins on the day you previously filed for your original Chapter 7 bankruptcy.

Filing for Bankruptcy After a Previous Chapter 13 Bankruptcy

When contemplating filing bankruptcy after having a Chapter 13 bankruptcy discharged, there are also time limits to follow. You can receive a bankruptcy discharge if you meet the following qualifications:

Filing for Chapter 7 Bankruptcy – after the discharge of a previously filed Chapter 13 bankruptcy, you must then wait 6 full years to receive a discharge from a subsequent Chapter 7 bankruptcy. The situation in this scenario is a bit more complicated. If you desire a full discharge sooner than the 6 years are up, you will need to have paid all your unsecured creditors a minimum of 70% of your prior Chapter 13 debts. If the required 70% of your previous debts to your unsecured creditors were not paid, you will not receive a bankruptcy discharge unless you wait the full 6 years from the filing date of the previous Chapter 13 bankruptcy.

Filing for Chapter 13 Bankruptcy – the easiest scenario for someone who has previously filed bankruptcy and must do so again is to file back-to-back Chapter 13 bankruptcies. A person must only wait 2 years before filing for a subsequent Chapter 13 and having debts discharged. If the filing for the subsequent Chapter 13 bankruptcy takes place sooner than 2 years from the previous date of filing, the debts will not be discharged.

Our bankruptcy attorneys can help you understand what type of bankruptcy you may qualify for. Contact our office to schedule a consultation to determine the best option for your situation. Coral Springs attorneys Brodzki Jacobs & Brook are here to answer any questions about filing for bankruptcy. Call (954) 344-7737 for additional information.

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Documents You Need for a Divorce

Before you can file for a divorce in Florida, there are documents you need to gather, and others you need to complete. In this blog, we are going to cover the documents you need for a divorce that you will gather from your files and records. While everything in the lists below may not apply to you, the ones that do are necessary before you can proceed with any divorce action.

It is wise to make copies of these records as soon as possible. If you no longer have access to the documents because your spouse has them, you may need to pay a lawyer to request them. Of course, if you and your spouse are on good terms, you may be able to get access to the documents yourself.

The following lists of documents you need for a divorce pertain to your marriage, assets, and personal information.

Personal Records

Here is a list of personal records you may need prior to filing for divorce:

Social security numbers for you and your spouse

Birthdates for you, your spouse, and your children

List of all residences where children have resided for past 5 years

Prenuptial, postnuptial, separation, or any other marital agreements

Driver’s license with issue date more than 6 months prior to filing for the divorce

Assets Owned

Here is a list of asset documents you need for a divorce:

Deeds to your home or other real estate properties

Titles for motor vehicles or boats, both jointly and separately owned

List of valuables with any appraisals, owned separately or together

Financial Documents

The financial documents you need for a divorce include:

The past three years completed tax returns for you and your spouse (federal, state, and local)

1099 and W2 forms, pay stubs, and records pertaining to bonuses or overtime from you and your spouse for the past three months

3 months of Statements from:

Checking accounts

Savings accounts

Money market accounts

Brokerage accounts

Most current statement from:

CDs

Annuities

All retirement accounts, including IRAs and 401(k)s

Credit cards

Loans

Mortgages

Property leases

Insurance policies/statements:

Life

Auto

Health/Dental

A completed Florida Family Law Financial Affidavit

Business Documentation

If you own a business (or your spouse does), these are the documents you need for a divorce:

Three years of corporate tax returns (federal, state, local)

Balance sheets

Profit and loss statements

Financial statements

Corporate credit card statements

Shareholder agreements

Contracts

Deeds, leases, mortgages, or other business-held real estate interests

Partnership agreements

Corporate records, articles of incorporation, minute books, bylaws

Final Word on Gathering Documentation

Although Florida is a “no-fault” state, if there is an alleged wrong-doing by one party, it could potentially alter alimony or time-sharing decisions. You will need documentation to back up your claims of fault. Documents to consider include:

Text messages

Phone recordings

Videotapes

Letters

Notes

Emails

Photographs

Social media screenshots

Some people rapidly remove documents from the home once the word divorce is mentioned. It is best to gather pertinent information ahead of time. If you have any questions, please contact Coral Springs attorneys Brodzki Jacobs & Brook to discuss your options. We are here to provide answers and assistance. Contact us at (954) 344-7737.

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Asset Protection and Bankruptcy

What You Need to Know

Long before you speak with a bankruptcy attorney, you need to think about asset protection. Why? Once you discuss the possibility of filing for bankruptcy, it may be too late to try and protect your assets.

What you can keep depends on the type of bankruptcy you file. A Chapter 7 bankruptcy often leads to asset liquidation.

If you file for Chapter 13, you will most likely be allowed to keep your property. That is one of the primary differences between Chapter 13 vs. Chapter 7.

The most important thing to know here is that you must plan in advance how you are going to go about protecting your assets.

Assets Exempted from Bankruptcy in Florida

Certain assets are typically exempted from bankruptcy. Asset protection in Florida extends to the following items in most instances:

Motor vehicles used for transportation – collector vehicles may be subject to sale to pay off debts

Social Security payments

Retirement accounts

Pensions

Profit-sharing plans

401(k)s

Personal property up to $1,000 – furniture, household goods, electronics, art, clothing, jewelry, bank and investment accounts, cash

Education savings

Healthy savings

Prepaid medical and health savings accounts

Preneed funeral arrangements

Tax refunds and credits

Of course, every case is unique. A bankruptcy attorney is the best person to advise you on what is subject to forfeiture. If you do not own real estate, you can get an extra $4,000 in personal property.

Remember, it is only in Chapter 7 that you need to worry about forfeiture of your assets.

Advanced Protection of Assets

Advanced protection of your assets requires diligent planning. Like many people, you may wonder how to hide money from creditors. Under no circumstances should you consider engaging in any illegal activity to do so. That could lead to serious consequences. There are, however, some steps you can take to protect some of your assets:

Asset protection trust – this type of trust must be irrevocable, contain spendthrift clauses, and have an independent trustee to control all actions and distributions.

Accounts-receivable financing – one way that a business owner can protect from the liquidation of one’s business is by borrowing against the accounts’ receivables. This action can encumber the future value of the business. Speak with a certified public accountant or financial planner about this option.

Equity reduction – by reducing the equity in an asset, such as a home, you are financially encumbering the asset. However, you must have a legitimate reason for the encumbrance. Also, it must be taken out more than one year before filing bankruptcy.

Use monetary funds to pay off nondischargeable debts that you will still be responsible for paying after filing bankruptcy, such as:

Student loans

Taxes

Delinquent child support

Purchase a life insurance policy

Make contributions to health savings and exempt retirement accounts

Pay down as much of your mortgage as you can

By doing these actions, you put your money to good use rather than have it taken to satisfy your debts.

Beware of Fraudulent Asset Transfers

Asset protection must be done with great care. Once you file bankruptcy, and even prior to filing bankruptcy, you can no longer transfer any of your assets. A Chapter 7 trustee can also look to block or void any transfers of assets made within a proscribed period prior to filing. That is why you need to consider your options well in advance.

For people who find themselves in this grey area, a Chapter 13 bankruptcy may be the better option.

In all circumstances, you want to get the counsel of an experienced bankruptcy attorney. Please contact Coral Springs attorneys Brodzki Jacobs & Brook to discuss your options. We are here to provide answers to your questions. Contact us at (954) 344-7737.

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Unauthorized Practice of Immigration Law

In the light of what is happening with the current administration, it is more important than ever to be cognizant of the unauthorized practice of immigration law (UPIL).

The latest immigration news is out of Columbia, South Carolina, where 43-year-old Veronica Perdomo plead guilty to the following:

Fraudulently practicing immigration law

Impersonating an immigration officer

Perdomo charged immigrants a fee to “assist” them with their immigration problems yet did nothing to help them. At times, she would pretend to be an attorney, officer, or employee working for or with the Department of Homeland Security, U.S. Citizenship and Immigration Services (DHS/USCIS).

Perdomo faces sentencing as follows:

Up to 20 years in prison for each of two counts of wire fraud

Four counts (up to 3 years in prison for each) of impersonating an employee or officer of the US

Twelve counts carrying up to a 5-year sentence each is for fraudulently affixing the seal of an agency of the US to a document

A co-defendant in the case, Latoya Sanders, had previously entered her guilty plea. In her role, Sanders assisted Perdomo in the charade and collected money from the victims.

Avoiding the Unauthorized Practice of Immigration Law

One of the first steps in avoiding unauthorized practice of immigration law is to find a legitimate immigration lawyer. UPIL has been a problem for decades. Those most at risk are unsuspecting immigrants who do not understand the system or have the means to hire an attorney. Many face fears of deportation.

Unfortunately, many people who fall victim to perpetrators of the unauthorized practice of immigration law have little money. What they do have they often hand over to fraudulent individuals who promise them immigration services they cannot provide.

The word “notario” is often used to describe individuals offering up immigration law services to those in need. In many Latin American countries, a “notario” is a notary public who is authorized to practice law and represent others before the government. That is not the case in the US. A notary public only has the authorization to witness signatures on forms. Unfortunately, some “notarios” in the US are out to mislead those most vulnerable and take their money.

For concerns about immigration status, please contact Coral Springs attorneys Brodzki Jacobs & Brook to discuss your options. Our immigration attorneys can provide answers to your questions. Contact us at (954) 344-7737.

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Divorce After a Month

Getting a divorce after a month of marriage may not seem likely, but it can happen. It is hard to imagine going through all of the preparation and expense of a wedding, only to end it all just one month later. Or, perhaps you went to the courthouse and did not realize your mistake until a few weeks later.

What happens that would cause a couple to get a divorce after a month?

Many different reasons could lead two people to happily unwedded ever after, such as:

A hasty wedding – you meet someone and think it is love at first sight (when it is really just your hormones talking). Jumping into a speedy marriage before you have had a chance to get to know someone can lead to a fast divorce.

Unrealistic expectations – perhaps you have been dating a while, and you thought that marriage would change your partner. (It did not!) Maybe you felt that married life would be different from what it is. In either case, unrealistic expectations tend to arise after marital bliss disappears.

Abusive behavior – some people do a great job of covering up their true nature until after saying “I do.” Only then may you find out that your partner has abusive tendencies.

Prior uncertainties – there are times when one or both individuals get a sense ahead of time that something is not right. However, calling off the wedding may seem problematic. It may not take long before realizing that it was a big mistake.

Infidelity – you find out that your partner has been or is cheating on you. Unfortunately, this is all too common for people who get married out of need due to an unplanned pregnancy.

Lying – you discover your partner has been untruthful about job, substance abuse, previous relationships, gambling, money, legal issues, children, or other essential facts.

Age – getting married at a very young age, before you know what you want, can impact you rather quickly.

What to Do If You Are Considering Getting a Divorce After a Month of Marriage

It may be hard to admit that you made a mistake. However, do not let fear or insecurity stand in the way of making a crucial decision. Getting a divorce after a month is not impossible. It may be your only way out of a difficult situation. If the cause of your desire to end your marriage is abuse or illegal activity, it is imperative that you seek legal assistance right away. Your life and your freedom could depend on it.

Even if the only reason why you want a divorce is that you know this is not the right relationship for you, it is essential to act as soon as possible. Do not give a second thought to what others might say. This is your life, and it is vital to take the actions that best protect your well-being.

You may also qualify for an annulment rather than getting a divorce. Check out our blog “Annulment vs. Divorce: What Is the Difference?” for more information on this option.

In either case, please contact our office to speak with one of our Coral Springs attorneys at Brodzki Jacobs & Brook to discuss your options. We are here to provide answers to your questions. Contact us at (954) 344-7737.

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Protecting Parents from Scammers

What You Need to Know

With the aging of the baby boomers and the silent generation, it has never been more important than now to start protecting parents from scammers. Many of the elderly have no clue about the vast array of internet and phone scams occurring today. They may not know they have been a victim of identity theft until it is too late. Protecting your parents from scammers is essential, not only to secure their assets but also their safety.

Your parents are not only vulnerable to criminal activities of scammers but to those of family members, as well. It may be a bitter pill to swallow, but, many times it is those who are the closest that engage in the worst illegal activities.

What can you do to ensure your parent’s financial, emotional, and physical safety from someone out to scam them?

Read on to learn what actions you can take.

Protecting Parents from Scammers Requires Communication

Elderly adults are one of the most targeted groups of scammers. Unfortunately, many of them never even realize what is happening. What is worse, is that it is often a close family member such as a child who is doing the scamming. It may seem harmless at first – mom mentions that your brother lost his job and needed rent money. Or, that your sister needed a new car, but, then the financial drain continues as more emergencies arise. Perhaps it is only a few hundred dollars here and there; but, that can add up over many months of years. Protecting parents from scammers who are family members is not as easy to accomplish as most parents are very protective of their children. The situation is exacerbated in the child involved has a history of problems or financial neediness.

Protecting elderly parents from siblings is only one avenue you may have to contend with. There is internet fraud, telephone scams, social security scams, identity fraud, and other ways in which your parents’ assets could be at risk.

Having “the talk” with your parents is one of the hardest things you will ever have to do. Here are some of the issues that may arise:

Your parents are used to being in control – they do not want to give up control over their finances.

No one wants to admit they were taken. Pride can get in the way of acting on abusers of any type.

Your parents will fear they are losing their edge and independence. They may be scared or embarrassed by what has happened.

They may not believe that someone is after their money – especially when discussing elderly financial abuse by family members.

Your parents may have no clue what is going on and may not believe you.

With so many odds stacked against you, how do you engage in open and positive communication with your parents?

It is not easy. You must sit down with them and discuss the situation. Do not blame or shame them. They will feel bad enough when they realized what has happened. Protecting parents from scammers is a challenging task, and you need to get them onboard.

Explain to them the importance of protecting their finances. Tell them why phone scams are not real. Let them know always to call and verify with a different family member if someone calls and says they are in trouble and need money. Not to take that person’s word for it. The caller could be a scam artist. Explain that any request for money that comes via mail or email should be discussed with you first.

Protecting elderly parents’ assets is not always easy, especially when other family members are involved. You may have to take legal steps to shield their money from others. Speaking with an elder law attorney is one of the best actions to take. Estate planning can save a considerable amount of stress and grief.

You also need to be aware of elder abuse and neglect by caregivers. It is a lot to take in and can seem like a daunting task. That is where legal guidance can lift much of the burden. Coral Springs attorneys Brodzki Jacobs & Brook are available to discuss your options. We are here to provide answers to your questions. Contact us at (954) 344-7737.

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Immigration Fraud: What You Need to Know

As if immigration fears in the current political climate were not enough, individuals also have to worry about immigration fraud.

From being duped out of money to the risk of deportation, what you do not know can hurt you the most.

Perpetrators of immigration fraud prey on those most vulnerable – people facing complicated immigration policies and procedures.

It has never been more critical than now to speak with an experienced immigration attorney to get the proper legal advice.

Illegal immigration schemes and scams under current warnings include:

Request for Payments

Fraudulent Internet Websites

Visa Lottery

Public Notaries

Job Offers Including Visas

Temporary Protected Status (TPS) Re-Registration

Request for Payments

The U.S. Citizenship and Immigration Services (USCIS) does not call individuals or ask for payment by email. If you receive a request for fee payment for the processing of paperwork pertaining to immigration status, this is fraudulent activity.

A request for payment via PayPal or Western Union is immigration fraud as the USCIS does not accept those types of payments.

You can make legitimate payments on the MyUSCIS portal through your personal account with a valid credit card.

Fraudulent Internet Websites

The official USCIS.gov website is the place to turn for all forms you need related to immigration procedures. There is no fee or charge for these services. You can download all forms for free.

Websites that offer guidance or assistance in completing these forms for a fee commit a form of immigration fraud that often takes money from unsuspecting individuals.

Visa Lottery

The visa lottery is offered through the Diversity Immigrant Visa Program (DV Program) that provides as many as 50,000 visas available for immigrants each year. Although most winners of the visa lottery reside outside the US, there are a smaller number of individuals who currently reside in the US. Those individuals typically have nonimmigrant or other status.

Visa lottery immigration fraud often takes the form of an email that announces winner’s names. The U.S. Department of State offers free registration for the lottery on their website, and never sends out email announcements or communications.

Public Notaries

In many Latin countries, notarios públicos (notary public) hold specific legal credentials. Individuals can go to these professionals for some forms of legal assistance. That is not the case in the US. Notary publics in the US are not immigration attorneys and cannot provide legal immigration services.

Do not pay money to a notary public for legal immigration help. Seek out the assistance of an immigration lawyer.

Job Offers Including Visas

A common form of immigration fraud is the offering of a job accompanied by a work visa. The targeted victim will be asked to pay a fee in return for the receipt of a work visa and a job in the US.

Those often targeted for this type of fraudulent action are students nearing graduation time from accredited US universities.

Temporary Protected Status (TPS) Re-Registration

Immigrants from the following countries have had their temporary protected status canceled by the current administration:

El Salvador

Haiti

Honduras

Nicaragua

The loss of TPS has caused concern and uncertainty for individuals and families from these countries. The deadline for TPS re-registering has passed, so individuals need to be aware that there is nothing to pay for or submit at this time. Information on TPS can be found here.

Please contact Coral Springs attorneys Brodzki Jacobs & Brook with any questions at (954) 344-7737.

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H-1B Visa Denials Experience Dramatic Increase

There has been a dramatic increase in H-1B visa denials following the president’s “Buy American and Hire American” April 2017 executive order. This order has made it harder for scientists and engineers from other countries to gain H-1B visas. Across the board, employer-sponsored visas have become more difficult to obtain. An increase in “Requests for Evidence” (RFEs) is increasing the cost associated with granting and obtaining H-1B visas.

A report issued by the National Foundation for American Policy showed that is has become increasingly difficult for employers to secure authorization to hire foreign nationals with the skills to do particular jobs. This is exceptionally frustrating for many science and technology-related fields that cannot find enough American workers to fill their vacancies.

H-1B visa denials rose 41 percent during the period between the 3rd and 4th quarters of 2017. The denial rate during the 3rd quarter of 2017 was 15.9%, and it then rose to 22.4% in the 4th quarter. RFEs increased from 28,711 to 63,184 during the same time. The total RFE rate for the first 3 quarters of 2017 equaled 63,599.

L-1B denials have also risen.  So far in 2018, the first quarter had a denial rate of 30.5% for “specialized knowledge” employees under the L-1B petition category. The second quarter denial rate was 29.2% compared to 24% in 2016.

Indians have been among those hit hardest by these changes, especially in the information technology field.

Filing of petitions now requires increased diligence and descriptions to try and get the request approved.

Other Changes Leading to H-1B Visa Denials

In addition to the increase in H-1B visa denials, other changes may result in denial or deportation proceedings without employers having the chance to correct information.

Here are some potential issues to know:

One policy would give adjudicators the right to deny H-1B visa applications without requesting evidence.

Spouses of H-1B visa holders could also be prevented from working in the US.

Optional Practical Training (OPT) for international students who complete their studies could be discontinued. This policy could make it impossible for foreign students graduating from US universities to get work in the US by obtaining H-1B status. As much as 80% of the full-time graduate students studying in the fields of electrical engineering and computer science in the US are foreign individuals. Preventing them from working in the US means a significant portion of that training would then be working overseas rather than in US-based industries.

What You Need to Know about H-1B Visa Denials

If you are an employer looking to secure H-1B visas for foreign employees, it is critical that you work with an experienced immigration attorney. If you receive a Request for Evidence from an adjudicator, it is essential that the information be complete and accurate, and provided in a timely matter. Failure to do so will likely result in the application denial.

Please contact Coral Springs attorneys Brodzki Jacobs & Brook to discuss your options and concerns. We are here to provide answers to your questions. Contact us at (954) 344-7737.

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What Does a Notice to Appear Mean?

This summer, the USCIS (U.S. Citizenship and Immigration Services) issued a new memorandum updating guidance regarding the Notice to Appear form (I-862). The NTA document instructs aliens to appear before an immigration judge on a certain date.

What is a Notice to Appear and who will receive it?

The NTA is a document issued by the Department of Homeland Security issues through any one of the following:

S. Citizenship and Immigration Services (USCIS)

S. Customs and Border Protection (CBP)

Immigration and Customs Enforcement (ICE)

The NTA purpose is to place a foreign national into deportation proceedings. Any individual who is not a US citizen and has had their petition or application for immigration benefits denied may receive the Notice to Appear.

What Does the Change in Policy of the Notice to Appear Mean?

The new policy memorandum expands the range of cases taken into consideration for the removal of an individual. Under to new guidance, the USCIS can issue a Notice to Appear for the following additional reasons:

When fraud or misrepresentation is determined

Applicant abuse of any public benefits program

Charge or conviction of a criminal offense

Unlawful presence in the US upon denial of petition or application for immigration

Once an extension petition or application is denied, the USCIS can act swiftly to seek the removal of the individual by issuing the NTA.

In the past, a person whose petition or application for immigration benefits was denied could depart the US quickly and reapply for another visa. With the new change in policy, the NTA legally forces the individual to remain in the US to appear in court before an immigration judge.

What Happens Once a Person Receives a Notice to Appear?

Upon receipt of the Notice to Appear, the individual will go before an immigration judge who will decide if he or she should be removed from the US. The foreign national has the right to an attorney for representation. Either the individual or the legal representative can present evidence, information, and arguments as to why the person should be allowed to stay in the United States.

Unfortunately, while fighting the case, the individual is ineligible to work in the US and continues to accrue further unlawful presence. Fighting and losing the case subjects the foreign national to removal and a minimum 5-year ban on reentry. Even if the person voluntarily leaves the US (self-deportation), the same penalty may apply.

Another option is negotiating with the DHS to request voluntary departure. The foreign national waves the right to fight any charges in court, which can minimize out-of-pocket legal costs. This option may also reduce long-term consequences for the 5-year ban of reentry that comes with the order for removal from the US.

The new policy can put a further drain on the currently overwhelmed immigration system, creating a backlog of court cases. The penalties against foreign nationals who have previously complied with all U.S. immigration policies and laws but are now out of status due to denial are steep.

Please contact Coral Springs attorneys Brodzki Jacobs & Brook to discuss your options if you find yourself in this situation. Contact us at (954) 344-7737.

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Alimony Tax Law: Changes You Need to Know

Divorce laws may vary from state to state, but one new alimony tax law holds true for everyone. That is that all divorces from January 1, 2019, forward will see a change in what can and cannot be deducted or claimed on tax returns.

Due to the Tax Cuts and Jobs Act that went into effect last year, the alimony tax deduction will no longer exist. What that means for individuals getting newly divorced in 2019 and after that is that alimony payments can no longer be deducted from one’s income to lower the tax burden.

While the new alimony tax law may be burdensome to the payor, there is a silver lining for the recipient. Alimony will no longer count as income for the payee.

Does the New Alimony Tax Law Affect Prior Divorces?

The changes in the alimony tax law do not apply to anyone who was divorced before January 1, 2019. You have until December 31, 2018, to finalize your divorce.

Does that mean I should delay my divorce and wait until 2019 to finalize the proceedings?

The answer to that question is something to discuss with your divorce attorney.

Wealthy individuals who expect to owe a significant alimony payment may be better off giving in on some contentious issues if the tax savings on alimony will offset other obligations, and get their divorces finalized before the end of 2018.

On the other hand, the recipients of large alimony payments may not want to pay taxes on that income. In those cases, holding off until 2019 may be the better option.

With only a few months left in 2018, immediate action must be taken if you want to remain under the current alimony tax law.

Are There Any Other Changes in the Alimony Tax Law?

Yes, as it stands right now, the payee must pay in cash (or check) from current income to get the alimony tax deduction. Starting January 1, 2019, funds from a retirement account can be used to pay alimony, since there will be no more alimony tax deduction.

What does that mean?

Once the new alimony tax law begins, the payor can transfer money from a retirement account to an ex-spouse. The payor only has to pay taxes on those funds if he or she withdraws it from the retirement account. However, if the money is transferred to an ex-spouse, the recipient is the one that will pay tax on it.

One important rule to note is that the receiving spouse must be at least 59 ½ years of age to withdraw money from an IRA. If not, a 10 percent penalty in addition to the taxes is in effect.

It is essential to get the advice of both a divorce attorney and a certified public accountant (CPA) or certified financial planner (CFP) before making any decision in this matter.

If you have questions about how the new alimony laws impact your divorce, please contact Coral Springs attorneys Brodzki Jacobs & Brook. We are here to provide answers to your questions. Contact us at (954) 344-7737.

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