FAQ | Disclaimer | RSS

Quality Legal Services
Call Today: 813.654.5777
 » Blog
 

Visit us at our new address after April 27th.
510 Vonderburg Dr. Suite 310
Brandon, FL 33511

First Year of Splitting Holiday Custody Requires Careful Planning

The holidays present a unique challenge for the children of divorced couples – especially in the first year. Using an attorney-negotiated schedule for the first holiday season of shared custody is critical.

Children have high expectations and parents inevitably have high anxiety levels. Children will need to be reminded that this is still special time with family and extended family will need to be updated on what’s going on with the custody agreement so that they can help meet children’s expectations.

It is best to stick to the attorney-negotiated holiday custody agreement as closely as possible and take notes on what worked best for you, what the child’s reactions were and how the agreement might be fine-tuned for next year.

Whether your agreement was to split the holidays up in the middle of the day or to give each parent a full day, keep track of how it worked for you and for the child so you can bring it up the next time the custody agreement is discussed. Chances are, discussions of the custody agreement in the moment will only add to the anxiety level.

For example, you can arrange for one spouse to have the children on Thanksgiving Day and for the other spouse to have custody for the weekend after Thanksgiving. If this arrangement did not work well for one child, but was fine with the others, some modifications might be in order. Or maybe you all agreed the children would spend Christmas Eve and Christmas morning with one parent, but Christmas night with the other parent, yet the children felt unsettled by being uprooted mid-day. Again, it is possible to revisit the agreements for next year. In the end, you may collectively decide to handle each holiday differently. Some will be shared while others are rotated annually.

Joint custody holiday schedules are more difficult to maintain than the regular weekly custody schedule that you have all become accustomed to, so it is important to be diligent and punctual for everybody’s sake.

The first holidays after a divorce can be a time for new traditions to start. Encouraging the children to be a part of the beginning of some new traditions will help make the new arrangement special for them.

Brandon child custody lawyer Joshua Law is with Osenton Law Offices, P.A. in Tampa Bay and is also a children’s rights lawyer. If you need a Brandon child custody attorney or Brandon family law attorney, call 813.654.5777 or visit http://www.brandonlawoffice.com/.

Posted on Wednesday, November 23rd, 2011 at 7:13 pm under Divorce and Family Law.
Tags: , , , , ,

Promptly Answer a Divorce Petition to Uphold Your Rights

Individuals do not have unlimited time to decide how they will respond when a spouse serves them with divorce papers. Divorce petitions must be answered in 20 days, so you will want to consider what your fair share from the marriage is and which attorney you’ll want to represent your side of the divorce. Do not ignore the petition, as your other spouse could receive a default divorce and leave you with consequences that could diminish your rights to assets, finances, and child custody.

If you find yourself getting emotional or stuck, it helps to get the support of your family and friends to keep you from being stalled. Read every part of the petition thoroughly and be sure to fully understand what it all means. Remember that the next chapter will be all about focusing on yourself and your kids, so do what it takes to muster the courage to face the reality of what is happening and not close yourself off to your kids and their needs.

Ignoring the petition will only leave you with more heartbreak and stress. It can create a default divorce, where you could also end up having your wages garnished for child or spousal support. And chances are high that you will not receive a notice of the final hearing date either if you do not respond.

The best advice after finding the right divorce attorney to represent you is to get your finances organized and game plan together. Get the records of assets, property deeds, and any mutual businesses so that you are aware of what your share is. It is also smart to review all credit cards and bank accounts that are in both names. In the event that your spouse is prone to go on a spending spree, you will want to remove their name from key accounts or cards. Dedicating some time to analyze your true monthly bills is also helpful. Many divorces lead to an individual needing to cut spending habits and building a fund worth of six month’s reserves for any future, unexpected events that might come up.

As hard as receiving a divorce petition is, you owe it to yourself to find a skilled divorce attorney to help you through all the steps. An attorney can assist you with effective legal advice to set the foundation for a better stage of your life. In Florida, Brandon family law attorney Joshua Law counsels individuals to achieve their divorce goals. As part of Osenton Law Offices, the firm stands by its commitment to high-quality client service and the latest in technology to help secure the best outcome in every divorce case.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa family law attorney, or Brandon divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Posted on Wednesday, October 19th, 2011 at 6:29 pm under Divorce and Family Law.
Tags: , , , , ,

Planning Your Life Legacy as an Unmarried Older Couple

Increasing amounts of older, long-term couples are getting divorced. At first, it might seem like they never want to remarry after 20 to 40 years of marriage. As time goes by though, many older individuals find a special someone and decide to live together, but not marry. It is a trend that is gaining popularity.

“It’s understandable, given our divorce rates, why people may want to retire together without having to be married to do it,” said Betty Liu, co-author of Age Smart. “And, as you get older, the focus may not be so much on marriage, as it’s about companionship and having the right partner with you.”

Older people who decide to live with their partner still need to be mindful of their estate plans and what legacy they want to leave to their companion and any children. Oftentimes, these older couples have significant assets such as a house, 401k plans, retirement plans, and particular health concerns.

“But what can be exciting and romantic for an older couple can be nerve-racking for families that have hopes pinned to an inheritance or simply expectations about how money will be handled by a surviving parent,” Smart Money reported.  

A qualified estate planning attorney will help their client create a cohabitation agreement that is fair to each partner and is enforceable by the courts. A cohabitation agreement in tandem with proper estate planning will outline financial, health, and property decisions. These documents will clearly define who gets the house, monies, and who will make healthcare decisions in the event the individual is incapacitated. A trust, will, and power of attorney documents can also safeguard your partner’s financial livelihood and give authority to a chosen person to make key decisions in the event that you are unable to do so.

“If you plan with your head instead of your heart, the hardest issues can be mitigated or completely avoided, and you two can just enjoy the good life in your golden years,” said Liu. “It’s a great thing to have more options when you retire and not be boxed in to what traditionally is seen as retirement.”

Without these protections, your significant other could be kicked out of the home you are sharing and not have access to any monies. Attorneys are aware of the pitfalls and hear incidents of how the partner could no longer afford the home or got into a big dispute with the partner’s adult children when no plan was in place. It is also critical to analyze assets, life insurance beneficiaries, and make plans for transferring them to minimize estate taxes.

Every couple has its unique dynamics and financial considerations, so no matter your circumstances expert legal counsel will help with all the documents so that your wishes are planned and defined carefully. In Florida, the Brandon estate planning attorneys and Brandon family law attorneys at Osenton Law Offices help couples achieve their goals and have access to the latest resources to ensure a couple’s legacy. Their expertise and top-notch superior client service makes them one of the Tampa Bay’s best law firms.

For more information:

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511
Phone: 813-654-5777
Fax: 866-941-5609

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Posted on Friday, September 23rd, 2011 at 4:08 pm under News and Press.
Tags: , , , , , , ,

Free Educational Bankruptcy Seminar at Osenton Law Offices

Brandon, Fla. – Osenton Law Offices offers the Brandon and Tampa community with a free, informational bankruptcy seminar. The next seminar is on June 9 at 6 p.m. Many individuals and families need help to eliminate debt, maintain their home and savings, and halt foreclosure. The hour-long seminar will also cover alternatives to bankruptcy.

Reginald Osenton, the Brandon bankruptcy attorney at Osenton Law Offices, will go over the difference between the two different versions of bankruptcy, Chapter 7 and Chapter 13.

“The seminars allow you to ask any question you have about bankruptcy and you can remain anonymous,” said Osenton, who has handled hundreds of bankruptcies for clients. “We know many people need an advocate on their side during a stressful time.”

With more than two decades of experience, Reginald Osenton knows how to help his clients preserve their integrity and create a better financial future. Every case gets personalized attention and he will determine what type of bankruptcy is most effective given a person’s situation. Debt is completely eliminated in Chapter 7, but for individuals whose income is too high to qualify, Chapter 13 can be the route to slash debt over time.

Osenton Law Offices is also skilled in foreclosure defense. When a mortgage lender is trying to repossess a client’s home, Osenton will counsel on how to keep the property in that individual’s name and minimize any deficiency that a lender might want to put on an individual’s credit.

“The seminars help people learn about their rights and how they can move forward with their finances and life,” Osenton said.

Reginald Osenton practices law in Florida, Virginia, West Virginia, the District of Columbia, and before the Internal Revenue Service. Osenton Law Offices is also accomplished in probate, estate and trust planning, business, real estate, and taxation law.

For more information on the Osenton Law Offices Bankruptcy Seminar, call 813-654-5777 or email: info@brandonlawoffice.com as space is limited.

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511
(813) 654-5777

Posted on Saturday, July 30th, 2011 at 10:47 pm under Bankruptcy, News and Press.
Tags: , , , , , ,

Osenton Law Offices Hosts Onsite Event at The Bridges Active Retirement Community

Brandon, Fla. – Osenton Law Offices, P.A., will host a lunch and dance for residents of The Bridges, an active retirement community in Riverview. The event will be held in the dining room of The Bridges on May 20 and include live music with a big band sound. The Bridges has an assisted living facility, custom cottage homes, condos, and a recreation center for residents to live in and enjoy.

“We want to give back to the community of seniors that have done so much for the area,” said O. Reginald Osenton, owner and president of Osenton Law Offices, P.A. “We will help the residents and their families with their legal questions at the event too.”

Osenton Law Offices, P.A., provides counsel to individuals and their families in a wide array of legal matters. From estate planning, guardianship, and probate to family law, bankruptcy, and real estate concerns, they are the go-to law firm in Brandon and Riverview. Both Osenton and the firm’s other attorney, Laurel A. Tesmer, Esq. have a solid track record of superior client service, integrity, and tenacity to help clients achieve their goals.

“You will never feel like you are just a number; we personally handle your case and update clients frequently about the status of their case and choices as it progresses,” said Tesmer, the lead Brandon family law attorney.

Clients throughout Hillsborough and Polk County, as well as all of Tampa Bay, can consult Osenton Law at their offices in Brandon and Lakeland. They are licensed to work throughout Florida in estate administration cases and represent clients in Virginia, West Virginia, the District of Columbia, and before the Internal Revenue Service.

“We are known for our experience, compassion, and innovation,” Osenton said. “We become a trusted partner and advisor to you and your family.”

To learn more visit, http://www.brandonlawoffice.com

Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511
(813) 654-5777

Posted on Tuesday, July 12th, 2011 at 10:47 pm under News and Press.
Tags: , , , ,

Tips for Divorcing and Newly Single Moms to Keep Their Finances in Order

Tampa, Fla. – As Mother’s Day quickly approaches, Osenton Law Offices would like to say bravo to mothers who are busy raising their kids solo and keeping their family as the number one priority. As nurturers and teachers, mothers can be great role models. But sometimes the chaos of the day and back-and-forth on the parenting agreement schedule can make finances take the back burner.

As a Tampa divorce and family law attorney, Laurel A. Tesmer counsels many women who multitask wonderfully but need some guidance to avoid the financial pitfalls of divorce and the new, single life. “A mom needs to be ready for the worst case scenario – not only for herself but for the kids’ benefit,” Tesmer said. “Plan for the worst so that the divorce agreement covers your needs now and in the future.”

Many clients should discuss the financial ability to pay for the kids if one was to get sick or what would happen if they could not afford the mortgage after taking ownership of it in the divorce. “We’re not trying to make you panic, but by discussing the worst you’ll be better able to take control of the divorce negotiations,” she said.

Other big factors to consider while transitioning to single life include:
- Stick to a budget. Ask a divorce attorney for a financial advisor recommendation or make an action list to reduce expenses rationally over time.
- Sometimes keeping the home can be more of a burden. Get advice on what is better – keeping the marital home or having access to other assets that don’t require so much upkeep.
- No one gets to keep all the prized possessions. Fighting over electronics, furniture, and other items will end up costing more money and stress as the divorce drags on. Jot down a “Must Keep” list and everything else can be bargained.
- Protect assets and reassign beneficiaries. Close all joint accounts and get a copy of a free credit report to uncover any wrongdoing that an ex might have done under joint credit accounts.

“Moms can put themselves in a great position to be financially strong if they focus on these core principles,” Tesmer said. “What’s really exciting is that mothers can positively influence their kids’ feelings about money and abundance too.”

The Women’s Institute for Financial Education, also known as WIFE, encourages moms and single mothers to teach appreciation for life’s abundant blessings. “Talk openly and honestly with your kids about money,” WIFE describes in the article “Rich Mom, Poor Mom.”

“Financial matters are part of the business of life that everyone can learn about and practice with confidence. Show kids that managing money is about making plans and choices. To get what you really want and value, you often have to wait and save before you can spend.”

Osenton Law Offices, P.A. provides individuals with skilled and compassionate legal advice to guide them through the complex divorce process. Attorney Tesmer also advises on child support, division of assets, alimony and spousal support, and visitation agreements. She is a member of the Marital and Family Law Sections of the Florida Bar and the Hillsborough County Bar Association.

For more information:

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511
Phone: 813-654-5777
Fax: 866-941-5609

Posted on Saturday, July 2nd, 2011 at 10:46 pm under Divorce and Family Law.
Tags: , , , ,

Brandon Bankruptcy Lawyer Explains Nondischargeable Debts

March through May of this year has been the busiest months for the U.S. Bankruptcy Court in the Middle District of Florida. Tampa’s bankruptcy filings are only second to Orlando’s in the region. As many individuals and families are still dealing with the down economy and deflated home values, bankruptcy becomes the only option to get a fresh start.

The goal of most individuals in a bankruptcy is to eliminate all debt, except for those debts they wish to keep like a car loan or a mortgage. Dependent on a person’s income, the chapter of bankruptcy will be determined. However, regardless of which chapter is used, some debts cannot be discharged. The most common non-dischargeable debts are:

Taxes and fines, including ones you paid through a credit card
Alimony, child support, and other divorce decree debts
Government-backed student loans
Debts not properly listed in the bankruptcy petition
Debts caused by malicious injury, fraud, or DUI
Condo or co-op fees accrued after the bankruptcy filing
An individual is still responsible for these debts and they will continue to increase during the bankruptcy filing and proceedings if unpaid. All other debts can be discharged, thus releasing the individual from personal liability for those debts. Every individual has a different mix of debts and scenarios, so it’s wise to get an experienced bankruptcy attorney to represent you prior to filing for bankruptcy.

In a bankruptcy you’ll need to provide many financial documents as evidence to support your case. Having a skilled bankruptcy lawyer review the documents thoroughly will help your chances of a successful filing. Tax documents, bank statements, paystubs, and other relevant information is needed. Tax records are particularly important, so if you haven’t filed them because you did not have the money to do so, you could be unable to complete a bankruptcy.

Approximately one month after filing your petition, you will attend a meeting of the creditors at the courthouse. Under oath, you will meet with the bankruptcy trustee and your attorney. If any of your creditors wish to appear and ask questions, they may do so, but it most cases no creditor shows. A knowledgeable bankruptcy attorney will help prepare you for this meeting ahead of time. What’s crucial is to be honest, thorough, and adhere to what the court asks of you during the meeting. If you hide assets or falsify your circumstances, your bankruptcy could be challenged.

Brandon bankruptcy attorney O. Reginald Osenton has counseled clients throughout the Tampa Bay area through the complexities of bankruptcy filing and the creditors meeting for more than 20 years. Osenton Law Offices holds free monthly bankruptcy seminars to help individuals and families explore their options.

For more information:

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.

500 Lithia Pinecrest Road

Brandon, Florida 33511

Phone: 813-654-5777

Fax: 866-941-5609

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Posted on Wednesday, June 22nd, 2011 at 10:53 pm under News and Press.
Tags: , , , , , , ,

Free Public Bankruptcy Seminars Continue at Osenton Law Offices in Brandon

Brandon, Fla. – Osenton Law Offices is continuing to provide the community with a sought-after bankruptcy seminar. The next seminars are on April 28 and May 10 at 6 p.m., as part of the Osenton Law Offices Seminar Series. Many Brandon and Tampa area individuals and families need help to slash debt, keep their home and assets and stop the foreclosure process. Alternatives to bankruptcy will also be discussed at the hour-long seminar.

Osenton Law Offices started giving the free bankruptcy seminars in 2009. Given the success of the seminars, the firm recently decided to expand the program to other legal areas. For example, in June Brandon family law attorney Laurel Tesmer, who also practices with the firm, will give a free seminar on divorce, child custody, and other family law issues.

Reginald Osenton, the senior bankruptcy attorney at Osenton Law Offices, has handled hundreds of bankruptcy cases and will go over the difference between Chapter 7 and Chapter 13 bankruptcy. “The seminars are free, and you can remain anonymous as you ask questions about all the factors of bankruptcy,” Osenton said. “We know many people need expert counsel during these tough times.”

Brandon bankruptcy attorney Osenton has more than 20 years of experience and gives every bankruptcy case personalized attention to efficiently and effectively help his clients have a fresh start toward a better financial future. Most clients prefer to file Chapter 7 so that monthly payments to a trustee are avoided and debt is wiped away. However, many clients are either forced under the law or choose to file Chapter 13. The top reasons that some clients file Chapter 13 are: their income is too high to qualify for Chapter 7, particular assets cannot be exempted, and the client is upside down on a first mortgage and can request the second mortgage to be dissolved.

Other individuals have dire needs for foreclosure defense expertise. As a mortgage lender is fighting to repossess a client’s property, Osenton Law Offices will push to keep the property in the individual’s name and minimize any deficiency that the lender might want to hit the client and their credit with. Because Florida is a judicial foreclosure state, the foreclosure goes through the litigation process. As the firm’s lead litigator, Brandon foreclosure attorney Laurel Tesmer handles many foreclosure defense cases.

“Every case is unique, so these seminars are a good way to learn about bankruptcy and how to uphold your rights,” said Osenton.

O. Reginald Osenton practices law in Florida, Virginia, West Virginia, the District of Columbia, and before the Internal Revenue Service. Beyond bankruptcy, he is accomplished in probate, estate and trust, business, real estate, and taxation law.

For more information on the Osenton Law Offices Seminar Series and to sign up for the Bankruptcy Seminar, call 813-654-5777 or email: info@brandonlawoffice.com as space is limited.

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511
(813) 654-5777

To learn more visit, http://www.brandonlawoffice.com.

Posted on Thursday, June 2nd, 2011 at 10:44 pm under Bankruptcy.
Tags: , , , , , , ,

Osenton Law Offices Announce Expansion of Seminar Series

Brandon, Fla. – Osenton Law Offices has announced the firm will host the Osenton Law Offices Seminar Series. The seminars will occur at the firm’s office in Brandon. The firm has hosted free bankruptcy seminars since 2009 and now the series has expanded to include other legal areas.

On June 21, attorney Laurel Tesmer will present a free seminar on divorce, child custody, and other family law issues at 6 p.m. Tesmer is the lead Brandon divorce attorney at the firm and a member of the Marital and Family Law Sections of the Florida Bar.

Reginald Osenton, who is the senior attorney at the firm said, “We are very pleased at the success of our free bankruptcy seminars.” Osenton, who is the firm’s lead bankruptcy attorney in Brandon, continued, “We are happy to provide this service to the Brandon community and Tampa area. It was a natural progression for us to expand the series into other matters such as family law, estate planning, probate, and other areas.”

The firm will continue to give free bankruptcy seminars two times per month. With the expansion of the series, the firm will add a seminar each month in another legal area, such as June’s free family law seminar to be given by Tesmer. “You do not want to do a divorce on your own,” she said. “The legal process of getting divorced is a confusing maze to navigate. Mistakes can come back to haunt you years later if you don’t get legal guidance early on.”

For more information on the Osenton Law Offices Seminar Series and to sign up for the June 21 Divorce and Family Law Seminar, call 813-654-5777 or email: info@brandonlawoffice.com as space is limited.

http://www.brandonlawoffice.com

Osenton Law Offices, P.A.
500 Lithia Pinecrest Road
Brandon, Florida 33511

To learn more visit, http://www.brandonlawoffice.com.

Posted on Monday, May 30th, 2011 at 10:45 pm under News and Press.
Tags: , , , , , , ,

Tampa Bankruptcy Attorney Demystifies Chapter 7 and the Bankruptcy Trustee

Tampa, Fla. – Most individuals try to get a Chapter 7 bankruptcy so they can forego monthly payments to a trustee. Chapter 7 bankruptcies wipe debts away and give individuals a fresh start while protecting their home and other assets.

No matter what, individuals must be ready for meeting with the trustee in bankruptcy court. Usually one month after the bankruptcy petition is filed an individual will meet with the bankruptcy trustee.

The trustee acts as a representative of an individual’s creditors and will ask a series of questions under oath to determine the individual’s financial situation, assets, and any other relevant questions. The St. Petersburg Times recently published an article stating the seriousness of a trustee’s role and the increase of hiding assets, fraud, perjury, and ineligibility.

All fingers point to individuals coming clean with their true financial situation and having legal representation up front to ensure their eligibility for Chapter 7 proceedings.

“Trustees are here to ensure the validity of your bankruptcy and an experienced lawyer can help an individual prepare documents, their presentation, and even how they dress to respect the courts,” said O. Reginald Osenton, president and lead Tampa bankruptcy attorney at Osenton Law Offices, P.A.

If certain assets are in existence, a trustee will collect or attempt to liquidate them as well as nonexempt property and give the proceeds to relevant creditors. A trustee can also object to discharge or exempt specific debts an individual has. Each trustee has their particular pet peeves and a good bankruptcy attorney will help a client create the best possible scenario for their bankruptcy proceedings. Keep in mind that the U.S. Bankruptcy Court in the Middle District of Florida is still teeming with bankruptcies, and the multitude of foreclosures that caused these predicaments too. The Middle District of Florida’s nine judges manage an estimated 7,500 bankruptcy cases and the total number is second only to Los Angeles.

“The bottom line is to be up front about your assets,” said Osenton, who has handled hundreds of bankruptcy cases successfully. “Your real diamond cannot be a cubic zirconia and your Scan Design couch cannot be a $70 hand-me-down. A good attorney will help you think of every asset possible and understand the hardships you are facing to make bankruptcy the most sensible option.”

Osenton Law Offices, P.A. has more than 20 years of experience in all facets of bankruptcy law from Chapter 7, 13, 11, foreclosure defense, and business bankruptcy. O. Reginald Osenton is also well versed in probate, estate and trust matters, business law, real estate, and taxation.

To learn more visit, http://www.brandonlawoffice.com.

Posted on Saturday, May 14th, 2011 at 1:00 am under News and Press.
Tags: , , , , , , ,