Document Preparation Training Courses

 

People sometimes wonder about the legitimacy of the legal Document Preparation industry. Because document preparers are not licensed by the State of Florida in any way and there are no specific criteria to be a legal document preparer some people think that anyone can just decide to become a legal document preparer. Technically that's true, but there's a lot more to it then just proclaiming yourself to be a legal document preparer. 

The Florida Association of Legal Document Preparers - FALDP, has member document preparers who have years of experience working for attorneys and cumulatively have a wealth of background, experience, and knowledge they use to help consumers.  

Sometimes when a prospective member contacts us, one of their questions is whether the market is saturated with document preparers. They want to know whether it is a good idea for them to pursue a business as a legal document preparer, and whether the field is too crowded. My answer is always no, there is a lot of room for growth in our industry -- there are many many consumers who are under served. 

 

 

 No one seems to keep detailed statistics about pro se litigants - who is pro se; the number of consumers who proceed pro se; their reasons; and their success rates. We have maintained a survey for pro se litigants on our website. And we've compiled some responses to the survey, that might shed some light on just these questions. For example in our survey we found that most of the responders were females aged 50 to 65 who found the survey online. The survey is on our website – www,faldp.org - and we have done little or nothing to promote the survey until recently. We found that of those responders 45% were college-educated with English as their native language. Almost 43% were involved in or dealing with a civil case and of those 60% were defendants. In other words, they were involved in a court case, not by choice, but to defend themselves.  

25% researched online before deciding to proceed pro se; and 16% consulted with an attorney before deciding to proceed pro se. Most striking, however, was that 35% of the survey responders stated that they were proceeding pro se because they could not afford an attorney. This underlines the pervasive Justice Gap, the difference between those who can and those who cannot afford an attorney. And the implication that for those who cannot afford an attorney, no justice is possible.  

We maintain our website in part to educate consumers about the types of issues that they may have encountered like family law, bankruptcy, and civil matters. We also maintain our website to support the legal Document Preparation Industry as a whole. 

In order to help our members in document preparers grow and expand their businesses, we offer online legal Document Preparation training courses. And, we have bundled are courses together into what we call our All Course Bundle which consists of 16 online legal Document Preparation training courses. Our courses are available to anyone, you don't need to be a member of our association or even a document preparer to take our courses. 

 The price for the 16 course bundle, the All Course Bundle $2399... This offer represents substantial savings compared to taking all of our courses one by one. Call – 800-515-0496; Email staff@faldp.org; Visit – www.FALDP.org

How Does the Judge Decide Child Support?

How does the judge decide child support?

The short answer is that the judge doesn't decide child support at all. Child support is per Florida Statute 61.30 Child support guidelines, and is based on a few bits of information and a mathematical formula applied to it. The information required is the same information required for the Family Law Financial Affidavits and Parenting Plan. Once both parties' financial affidavits and the parties' parenting plans are available the child support amount can be calculated.

The information required is:

Both parties' net income;

Which parent is paying for and amount paid for after school care or child care (if any);

Which parent is paying for the child or children's medical insurance and uninsured medical expenses; and

Number of overnight visits the children spend with each parent.

All of this information, except for the number of overnight visits, is taken from the parties' financial affidavits. The number of overnight visits is taken from the parenting plan.

Within the Florida Statutes and also on the form Child Support Guidelines Worksheet there is a table to find the amount of child support that both parents need to contribute based on the parents' combined incomes. The table has rows to find combined income amounts, and columns for the number of children. Once that amount is found, all the other information is applied.

Frequently, parents' incomes are not identical, and the number of overnight visits are not exactly half and half. So a percentage of child support is assigned to each parent, and the difference between the two amounts is paid to the parent earning the lesser amount or having the child with them the most. The Florida Supreme Court has a web form that automatically calculates the amounts. But, preparing the Child Support Guidelines Worksheet is not difficult, with a calculator and a little time.

Because of the information required to calculate child support, the financial affidavits and the parenting plan must be completed first.

Sometimes, especially in magistrate's court, the parties will be told to simply provide their last three pay stubs, and somehow, child support is calculated from that information alone. Beware this process, as it does not provide a full financial picture.

The court recognizes that although a child support order is a binding court order -- circumstances change over time. The basis for a modification of a child support order is the existence of substantial change that affects any of the parties.

"Substantial change" has many definitions. Specific definitions of substantial change are best found in case law. However, in general, substantial change for modification of child support is involuntary, unanticipated and permanent.

LEARN MORE.

Guess what, Mom! I'm OFF probation.

Probationers come in all ages, shapes, and sizes. But the one thing they all have in common is that they want to be off of probation as soon as possible.

Probation in Florida: Learn the Rules of Probation


Probation in Florida is a punishment that may allow an offender to avoid jail time or to serve less time. The punishment aspect of this penalty is the adherence to certain terms.
It’s also a way to monitor the actions of someone on probation. So if a probationer breaks the law or violates one of the terms, it could result in being re-sentenced and spending time behind bars.


Those who generally qualify for probation are people convicted of a nonviolent or minor crime, along with those who don’t have a criminal history. Or if someone has already served time, the remainder of the sentence could be served through probation.

Types of Probation


There are two main types, misdemeanor and felony probation. Although the terms vary for each person, they will be different especially when it’s a misdemeanor versus felony. One of the biggest differences is that felony probation is generally longer, lasting about three to five years, compared to misdemeanor probation generally lasting one to three years.


Probationers often request early termination of probation after serving about half of the probationary sentence. Upon the judge's discretion, It may be granted providing the terms were met and there were no violations.

House arrest, which is also called community control, usually requires the probationer to be electronically monitored.. If drugs or alcohol were involved in the crime, rehabilitation or counseling might be required.

Terms of Probation

The terms of probation vary from one case to another. Some are fairly common, such as obeying the law; showing up at scheduled meetings with the probation officer; abiding by court orders (such as the payment of fines); and completing conditions such as community service or court ordered classes.

Other terms are specific to the individual. They may address issues such as abstaining from drugs or alcohol, submitting to drug or alcohol tests, avoiding certain locations or persons, and restricted travel. 

Penalties for Violation of Probation


Violating probation is serious, especially with a felony charge. With felony probation, any original sentencing of prison time could be enforced. However, even violating misdemeanor probation could result in a few months in jail. Other penalties for probation violations include an extension of the probation period; payment of additional fines and court costs; and new terms being added.

If you need help preparing documents for Early Termination of Probation, contact us at the Florida Association of Legal Document Preparers - 800-515-0496

How much does a Florida divorce cost?

How many angels can dance on the head of a pin? How long is a piece of string? It depends. If the divorcing couple can come to agreements about how to divide their assets and debts; and agree on their mutual responsibilities to their children, our services are ideal. A typical base price for a document preparer to prepare divorce documents is around $299. with some add ons depending on your situation. If you have children, then you'll need a Parenting Plan which may be an additional $75 or so; and if you need a Marital Settlement Agreement to divide your property and debt, that may also be an additional cost. Most document preparers also prepare the Child Support Guidelines Worksheet, and the Family Law Financial Affidavit for an additional fee. (You usually have the option of preparing any of these yourself, to avoid the fee.) There are some other possible add ons which you may or may not need. So, all told, using a document preparation service, your divorce might cost around $500 - $600 for the prepared documents. The filing fees, which are paid directly to the court are $408.; and if you need to have the other spouse served by a sheriff, an additional $50. So, using a document preparation service, the document preparation fees and court filing fees combined are usually around $1000.

A thousand dollars may sound like a lot of money, but if you look at what you might spend with an attorney – you'll change your mind. According to Lawyers.com on average, a Florida divorce, using an attorney, costs $13,500. which includes $10,700. in attorneys' fees. So, on average, consumers spend over $2,800. over and above the $10,700. attorneys' services and fees. According to the linked article: “After attorneys' fees, the rest of divorce costs come from expenses, which includes fees for court filings, mediation, and the cost of copying and serving documents. Expenses also include compensation for expert witnesses and consultants, such as child custody evaluators, appraisers, or financial analysts. Average expenses in Florida divorces were $2,800.”

We would never tell anyone whether they should or should not hire an attorney. Sometimes there is no other way. But, we will tell anyone and everyone that if there is any way that a divorcing couple can come to agreements about their assets, debts, and children; they'll have more dollars left over to secure their assets; pay down their debts; and take care of their children.

Small Probate - Summary Administration of Estate

Many Floridians don't realize that an attorney is not always required to settle an estate when a family member dies. In Florida, there is a process called Summary Administration of Estate which can be filed pro se (self-represented).

Florida Statute 735.203

(1) ”A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries ...”

The summary process can be used whether or not the decedent left a will. An estate where the decedent left a will is called a “testate” estate; and estates where there is no will are called “intestate”.

A family member, interested party, heir or beneficiary may file the small probate documents for Summary Administration of Estate pro se. In general, Summary Administration of Estate is appropriate if the value of the estate is less than $75,000. excluding the value of exempt assets such as homestead real property and personal property. If a home is designated as the decedent's Florida homestead, the value of the property is exempt, but the real property still needs to go through probate in order to transfer it from the decedent's estate to the name of a beneficiary or heir.

The summary process is also appropriate when the person has been dead for at least two years. This situation happens more than you might think, as some people (usually adult children) continue to live in the house or condo after a parent dies, or move in after a parent dies, and don't settle the estate. Then, years later, when the adult child wants to sell the property, he has to settle the estate to do so.

Frequently, family members choose to sell the real property of the estate as soon as possible. Choosing a realtor who is familiar with the probate process will make the listing and sales process much easier. Especially when there is a mortgage on the property, efficiency becomes all important. Many families can't afford to pay the mortgage on an unoccupied property for long.

It is possible to sell real property during probate, however doing so usually requires an attorney and a court order. But, if the summary process is appropriate, and the family can wait the two months or so for the judge to sign the Order of Summary Administration, the real property can be transferred at that time. It is not unusual for families to begin marketing the house or condo while the documents are pending, and sometimes even accepting an offer to buy, before the probate process is complete.

The benefit to heirs or beneficiaries in being able to use the summary process are

1. no attorney is required;
2. the filing fees are lower; and
3. the process is faster. The summary process is generally complete in 6-8 weeks, while the formal process can take 1-2 years

Attorneys charge anywhere from $2,500 to $5,000 to provide assistance for a Summary Administration of Estate. Document preparers generally charge around $500. to prepare the Summary Administration documents.

The Florida Association of Legal Document Preparers, FALDP, has member document preparers who prepare documents for Summary Administration of Estate documents. Visit https://www.faldp.org/small-probate-Florida.html to learn more. Or call 800-515-0496.

12 Things To Do During the Corona Virus Pandemic

1. Follow common sense health precautions like diligent hand washing, social distancing, and unnecessary contact with others.
2. Work from home if you can.
3. Embrace your inner introvert. Enjoy a time of staying home alone or home with your family.
4. If you have children, take the time to home school them while they're school is closed. Its a good time to work with them one on one on their favorite or weakest subjects.
5. Read a book, instead of spending too much time on social media or watching the news. My suggestions in honor of these times are: “Love in the Time of Cholera” by Gabriel Garcia Marquez. And yes, it is set during a cholera epidemic in South America, but it is also a love story and a modern classic. I have read this book many times, and it is one of my all time favorites. Another book I recommend due to its timely setting is “The Decameron” by Giovanni Bocaccio, which is set during the 14^th century black plague epidemic. Its about a group of friends who go to a villa in the Italian countryside to escape the Black Death in the city. The book is the stories they tell to entertain each other during their confinement. I have not yet read The Decameron, but have ordered online. I'll let you know how I like it.
6. Go on virtual tours of the world's museums. Follow the links on this page:

Enjoy! https://www.travelandleisure.com/attractions/museums-galleries/museums-with-virtual-tours

7. Like something more physical? Clean. Cleaning can be very therapeutic and satisfying. Putting your house in order can give you a sense of control over your environment and help beat anxiety and depression. Even if you're a world class housekeeper, there's always that closet or those junk drawers or the garage that could use some organization.
8. Catch up on things you've put off. Get those taxes done; complete that online course; or work on your secret manuscript.
9. Stay in touch with others. Talk on the phone, face time, and skype are all good ways to stay “in touch” without touching. Some people need human contact as much as they need water, so don't deny yourself the sustenance. Depending on your personality, isolation from others can be easy or extremely difficult. Know yourself.
10. Home improvement or craft projects. Many people have a backlog of materials and to do lists for projects that they haven't had time to complete. Well, now's the time. You'll gain satisfaction from a completed project, and it will help pass the time in a constructive way.
11. Draw or paint. Play music. Write a book. Learn a new song. Anything creative will give you satisfaction and help avoid stress.
12. Get outside. Open up the windows. Fresh air and sunshine were heroes in battling the 1918 flue epidemic. Here's an article now circulating online: https://medium.com/@ra.hobday/coronavirus-and-the-sun-a-lesson-from-the-1918-influenza-pandemic-509151dc8065https://www.travelandleisure.com/attractions/museums-galleries/museums-with-virtual-tours

The Public Charge Rule goes into effect on February 24, 2020

Many legal document preparers prepare immigration forms for consumers. And, while, document preparers may not advise their customers about any aspect of immigration – what someone should or should not do – document preparers can certainly provide their customers with information. Even better, refer their customers to authoritative sources to find the answers they're looking for.

But, as with many subjects these days, there is way too much information for many people to absorb. I did some research about the Public Charge Rule, because I wanted to know more. And, I felt that if I were confused, then others must be as well. I asked a few of my colleagues who specialize in preparing immigration documents, and was unable to find the information I wanted. So I took to the internet and the USCIS site to see what I could find out.

My first question was whether under the Public Charge Rule, if someone who is a legal alien resident gets injured, and his health insurance does not provide adequate coverage, so the legal alien resident applies for and receives Medicaid – does that then put him at risk of deportation as a public charge?

The answer I found, (please do your own research or see an attorney if this is your scenario), is that – it depends. Yes, he may be a public charge if he receives Medicaid for 36 months. But, if its a medical condition that arose after becoming a legal resident alien, then he will probably not be subject to deportation. I can't tell whether this means after receiving his permanent resident alien status, or if this would be true while his permanent resident status is temporary.

Another question is my mind relates to the predictive nature of the public charge rule. Apparently, the factors considered are meant to predict whether an individual is likely to become a public charge in the future, and if so, the application for a green card could be denied. For example, even though someone might meet all the criteria to NOT be a public charge at some point, the applicant's age is still considered. What if, the applicant has the required income and assets, is in good health, has never received public assistance, has education or skills – but is age 61 or older. Does that mean his application could be denied? Just on age?

And, to me, the financial requirements are troublesome. The median income in Florida, for all households is around $55,000. per year. Median income means half of the population earns more, and half of the population earns less. So that means there are far more households who earn less than the median income, since over $55,000. per year increases indefinitely. According to the article excerpted below, the financial threshold has risen from 125% of the federal poverty guidelines up to 250% of those guidelines – approximately $41,000. for a household of two.

I relied heavily on an article on boundless.com – following are excerpts from that article.

What will change under the new DHS “public charge rule”?

DHS plans to dramatically expand the definition of “public charge,” so that green card and other visa applicants could be denied not for being “primarily dependent on the government for subsistence” (the current standard) but instead for being “more likely than not” to use certain public benefits at any point in the future.

It’s important to understand that the great majority of people applying for green cards are not even eligible for the very benefits that the DHS public charge rule seeks to penalize. 

Likelihood of future use of government benefits. Although the following general criteria are defined by Congress, DHS plans to greatly expand the number of specific factors that immigration officers must take into account when determining whether or not a visa applicant is likely to become a “public charge” at any point in the future.

.

The new public charge rule would apply to the vast majority of applicants for green cards (permanent residence). This includes green cards based on:

• a family relationship to a U.S. citizen or lawful permanent resident, for which over 800,000 green cards were granted in 2016 (the most recent year for which DHS has published data)
• sponsorship by a U.S. employer (140,000 green cards granted per year)
  

Exemptions

The public charge rule will not apply to visa applicants whom Congress has exempted from the public charge test, such as refugees, asylees, individuals who have experienced domestic violence, and other special categories.

Given that the new public charge rule creates an entirely new income requirement for visa applicants (not just their sponsors) and would set this household income threshold as high as 250% of the Federal Poverty Guidelines, the following possible impacts have been estimated:

What about permanent residents seeking U.S. citizenship?

Changes to the definition of “public charge” could ultimately expand the ability of DHS to deport some immigrants who already have green cards (“lawful permanent residents”).

Congress states that a permanent resident can only be deported on public-charge grounds within the first five years of obtaining their green card — and only if they became a public charge based on circumstances that existed before they obtained their green card. (For example, a healthy person who obtains a green card, gets in an accident, and then needs government assistance would not be deportable on public-charge grounds.)

In practice, given the constraints set by Congress and court precedents, plus the fact that recent green card holders are typically ineligible for welfare, very few green card holders have been deported on public-charge grounds.

By expanding the definition of “public charge,” however, the administration could create new uncertainty for millions of immigrants.

U.S. law allows for the deportation of immigrants who have become “public charges” within five years of admission if their reason for seeking help preceded their entry to the United States - for example, if they had a chronic health condition that was not disclosed.