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59 Search Results for retirement

March 15, 2016

Urgent Note to Couples in their ’60’s Re: Social Security Benefits

...ial-security-can-hurt-you/ Apparently, this very important Social Security Retirement benefit, worth up to $60,000, is getting ready to go away! It is called a “loophole”, I called it a “tax increase”. If you are 65-70, this can be very important, especially if you are planning to hold off registering for your retirement benefits to 68 – 70. What I learned, on NPR, and from a book that cost me $20 on Amazon, is that even if you plan NOT to apply f...

November 20, 2011

What Burt Has to Say to His (Divorce and Custody) Opponents

...hing you own. But it is strongly presumed that any property, including “my retirement” accumulated during your marriage is owned 50%-50%. So, if you want your wife to be a stay at home wife or mother, realize and appreciate that she will raise the children, maintain your house, share in sex, and do all those things that keep our society, like volunteering at school or church, helping take care of your ailing Mom, and being there when you need a bo...

February 19, 2021

Family Law in WV: A Deep Dive

...s, with no infant children, substantial real estate and personal property, retirement benefits, and debt. Rarely, usually in a marriage in later years, the parties may need “A Permanent Legal Separation” (“Separation from Bed and Board”), either because of religious views or the need of one of the spouses to remain entitled to the other spouse’s employment benefits such as medical insurance. Petitions to Modify (child support, custody, or alimony)...

November 18, 2017

Mediation Food for Thought

...perty such as cars and furniture; real property such as house or farm, and retirement benefits such as a 401K plan or pension). If alimony (spousal support) is an issue, read the alimony statute, West Virginia Code – Sections: 48-6-301, 48-8-104, and make a list of relevant facts (Length of marriage, relative incomes, age and health of parties, fault, etc.) Family cases other than divorces have other evidentiary requirements. You should have compl...

April 8, 2010

Don’t Be Your Own Divorce Lawyer….#2

...e, parties to the typical divorce may have a house with a $100,000 equity, retirement benefits worth $200,000-$400,000, and short-term (credit card/medical bill type) “unsecured” debt of $10,000-$50,000! A bad result impacts your future! So does a good one. That said, what should you do if you proceed self represented? (You did notice that I warned you not to didn’t you?) 1. Read the Rules of Family Court. There are deadlines by which motions shou...

March 6, 2018

Mr. Hunter’s Revised Letter to Clients

...mation; c. Tax returns with schedules attached; d. Current pay records; e. Retirement and insurance documents and policies; f. E-mails, screen shots of text messages, and other digital communication.; g. Digital copies of photographs, and; h. All sorts of other critical information. 12. I repeat, the fact you do not have an item in your possession at the time it is requested is no excuse. The success of your case will be determined: a. By its meri...

December 2, 2017

COMPETENCE

...the file, my staff has to go over a long checklist. Every order dividing a retirement fund, every deed, and every document, must be completed before we can close that file. And the client has to have the option to pick up their file or a digital copy. I continue in my quest to find the perfect “outliner tool”, checklist, task lists, document assembly app., and “voice to text” app. The best are the ones you can’t imagine you never had. Do I want yo...

December 1, 2017

Family Court Mediation Streamlined – Some Ideas

...cision making, division of your personal property, of your real estate, or retirement benefits, and of your debts, alimony (spousal support), or other: 1. ______________________________________________________________________________ 2. ______________________________________________________________________________ 3. ______________________________________________________________________________   4. ________________________________________________...

July 7, 2017

MORE ABOUT UNBUNDLING (A $500 Product That is Worth $1000)

...t, can lose, or pay, valuable alimony payments, real or personal property, retirement benefits, and even primary custody of their children. Self-representation is a high-risk venture, and it is not less so because the circuit clerks will sell you “do it yourself” packets, which falsely imply that using the forms will protect you. They won’t. I believe that the product I am going to describe here, and in some detail in the video which you will find...

January 24, 2018

A Personal Injury Glossary: Negligence, Insurance, and the Rest

...ncome Security Act (1974), “E.R.I.S.A”: is a federal law that governs many retirement plans and medical insurance plans. It can be very difficult to negotiate with an E.R.I.S.A. plan representative. Likewise with Workers’ Compensation or military subrogation plans. Proceed with caution and the help of a good lawyer. 13. Wrongful Death Claim: West Virginia’s wrongful death statute allows recovery from an at fault “tortfeasor” for the death of a per...