The Democrats and Hillary Rodham Clinton

Debbie Wasserman Schultz deserves to be on my Florida liars list.  I decided almost six years ago that Diane Baccus-Horsley also deserved to be on the list.

Judge Roberts accepted her erroneous rhetorical narrative rather than my lawyer's closing.  I have learned to bee suspicious of anyone who sounds like they were coached by Gloria Alredd or her daughter Lisa Bloom.

https://dr2htay.blogspot.com/2012/09/florida-liars-list-9912.html

Technology's Impact on everything Hurricane

When Richard Widmark starred in Slattery’s Hurricane, released January 1, 1949, the only way to tell the strength of a hurricane was to have some nut fly through it.

Hurricanes have been and still are

“This is a hurricane. Hurricanes are windstorms of great violence several hundred miles in diameter, with a dead calm at the center called the eye. Like whirlpools, they spin rapidly, hurling great destruction in their paths. They're spawned in the doldrums, their father the heat of the sun, their mother the moisture of the sea. From July to December every year, the Caribbean crawls with these evil offspring of the elements. “

The movie made a lasting impression on me.

"Slattery's Hurricane thus begins with this narrative by Gary Merrill. Will Slattery (Richard Widmark), a former World War II Navy pilot still on inactive reserve, forcibly takes his employer's Grumman Mallard from the estate in Miami and heads for an incoming hurricane. He obtains his bearings from a Navy control tower by pretending to be a weather patrol flight. Despite a threat of court martial when the Navy discovers the ruse, Slattery flies into the storm, reviewing his life in flashback for the next hour...

"Disgruntled with the service, in part because he was disciplined instead of decorated for a hazardous mission, Slattery left the Navy and became a private pilot for candy manufacturer R.J. Milne (Walter Kingsford) on the recommendation of his girlfriend, Dolores Grieves (Veronica Lake), Milne's secretary. He lives an easy life, until the day he literally bumps into "Hobby" Hobson (John Russell), an old Navy buddy. Amused that Hobson stayed in the Navy, he nonetheless accepts an invitation to fly along on a weather flight into the heart of a hurricane. Slattery is disturbed to find that Hobby is married to Slattery's former lover, Aggie (Linda Darnell), who ended their unhappy relationship years before. At dinner for the two couples, he pretends to have just met her, but Dolores immediately suspects their past attachment. Slattery invites Hobby to fly with him the next day, maneuvering Aggie into coming along, to show off his lifestyle, and introduces them to Milne and his shady partner, Gregory (Joe De Santis).

"Slattery tricks Aggie into meeting him alone while Hobby is away, and although she initially rejects his "fast one", he seduces her. Dolores confronts Slattery and they argue over his betrayal of Hobby and the effect his job is having on him. He soon discovers Dolores not only moved out, but quit her job as well, alarming Milne and Gregory, who fear she knows too much about their dealings. In the meantime, Slattery's affair with Aggie continues. Milne has Slattery fly him to a remote Caribbean island, where Milne has a heart attack. Slattery tries to save his life on the flight back, and discovers that Milne is smuggling drugs, taped to his chest. Milne dies and Slattery keeps the "parcel". Dolores telephones him and warns him again to get out, but he gets drunk instead. Gregory beats him up to get back the "parcel", but Slattery counters with a warning that he has hidden information about the smuggling ring in a safe deposit box, should anything happen to him.

"The Navy unexpectedly awards Slattery the Navy Cross from his wartime heroics. Dolores attends the ceremony, but when she sees Slattery embrace Aggie afterwards, collapses and is hospitalized in a psychiatric ward for "pharmacopsychosis," or drug addiction. Slattery is called in by her doctor and castigated for his role in her illness. He leaves his Navy Cross with Dolores and goes to Aggie's to end the relationship. A drunken Hobby is there, however, having discovered the affair. He beats an unresisting Will, but is ordered to report for a hurricane mission. Slattery sees that Hobby is in no condition to fly the mission and knocks him out to prevent it. He then steals his employer's plane and flies into the storm...

"Slattery flies into the eye of the hurricane and reports its position. His warning is instrumental in saving Miami from serious loss of life and property loss, but in returning to Miami, he loses an engine. Believing he will crash, he also radios the tower about the location of the drug-smuggling information. When the plane does crash, he unexpectedly survives. Slattery is accepted back on active duty, and by Dolores."

I liked Richard Widmark movies and encourage everyone to consider it for entertainment.

Today, Hurricane Matthew is threatening Florida and President Barack Obama has been on TV telling I-95 corridor residents to listen to their local folks.

Did Jupiter Police have a choice?

Thanks to Joe Biden and the funds that have been channeled through the Violence Against Women Act (VAWA), Jupiter police had little choice but to charge Corey Lewandowski with battery.

Under Florida Statute 784.03, the crime of misdemeanor battery is committed when a person either:

1.     Intentionally touches or strikes another person against their will; or

2.     Intentionally causes bodily harm to another person.

The video is highly suggestive that Corey Lewandowski touched Michelle Fields against her will.

Florida Family Law is badly in need of reform.  SB 668 has not yet been signed into law by Rick Scott.  Two years ago, Rick Scott did not sign a related bill.

Tort reform was in fashion until the lawyers got hold of Barack Obama.  Our criminal justice system needs reform.  Our Family Law system needs reform.

I don’t think a jury of Corey Lewandowski’s peers would convict him of even simple battery.  I recommend to Corey and to Mr. Trump that they not waive the right to trial by jury.

The web describes defenses against battery.  These include implied consent as in athletic contests.

Mandatory Stuff

In a purported effort to save victims money, Florida made Mediation Mandatory for Dissolution of Marriage about the end of 2009.

On May 18, 2010, my lawyer signed a TEMPORARY AND PARTIAL PROPERTY/ASSET SETTLEMENT AGREEMENT.

It was my clear understanding that we did not agree on anything during the Mandatory Mediation session.

The signed agreement said that I would pay the three mortgages on the marital home from my employers 401K.  In addition, I will also pay the homeowners insurance and taxes from the same 401K.

"They agree that this will occur until the court rules on this issue."

"Any tax consequences which result from the withdrawals will be shared equitably by the parties.  The Court shave have the authority to give credits to either side in the equitable distribution scheme for these payments."

A year later the account was exhausted and the court had not ruled on the issue.

Be advised that Judge Charles J. Roberts of Florida is not a good Financial Manager/Advisor.

"The Road to Hell is paved with Good Intentions."

The Petitioner in my case still has not complied with Florida's Mandatory Disclosure List.

 

Expectations for a Professional

The Florida Bar Standing Committee on Professionalism defined professionalism thus,

“Professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession. It embraces far more than simply complying with the minimal standards of professional conduct. The essential ingredients of professionalism are character, competence, commitment, and civility.”

"To The Florida Bar, lawyer professionalism is:

1. embracing a commitment to serve others;

2. dedicating to properly using knowledge and skills to promote a fair and just result;

3. endeavoring to enhance knowledge, skills, and competence;

4. ensuring that concern for a client’s desired result does not subvert the lawyer’s fairness, honesty, civility, respect, and courtesy during interactions with fellow professionals, clients, opponents, public officials, members of the judiciary, or the public;

5. contributing skill, knowledge, and influence to further the profession's commitment to service and the public good, including efforts to provide all persons, regardless of their means or popularity of their causes, with access to the law and the judicial system;

6. enhancing the legal system’s reputation by educating the public about the profession’s capabilities and limits, specifically about what the legal system can achieve and the appropriate methods of obtaining those results; and

7. accepting responsibility for one's own professional conduct and the conduct of others in the profession, including encouraging other lawyers to meet these civility and Professionalism Expectations and fostering peer regulation to ensure that each lawyer is competent and public-spirited. "

Sounds good to me.  A little late in joining the human race as evidenced by nothing significant happening with the 1989 and 2013.  The current Professional Expectations has only been available since January 2015.

Either Florida and I agree on Professional Expectations or the Devil is in the Details.

No Fault -- No Alimony

Florida became a "no fault" state in Dissolution of Marriage proceedings in 1971.

A truly no fault dissolution of marriage should only address a  Fair and Equitable distribution of assets (and liabilities).

I am a victim of Domestic Abuse and Elder Abuse.

My partner made unilateral decisions concerning the religiously oriented activities our two daughters should receive.  That is classic Male Privilege.

My partner has Master's Degree from an out-of-state private university.  Her three skills that I have observed are:

1.  She is good at obtaining volunteers
2.  She's very generous with someone else's money
3.  She is good at church history.

These are appropriate skills for a Director of Christian Education (DCE).

Women are no longer limited to a DCE role; they can now compete in and for the pulpits.

Following advice that she later regretted, my partner filed for divorce in April 2009.  The matter has not been settled.

I have seen and been victimized by the best divorce lawyer in Brevard County, Diane Baccus-Horsley.  She President Obama look like a truth teller.

Florida Gov. Rick Scott Vetoes Family Law Reform

I watched the hearings for SB 718 and the companion bill in the Florida House.  There was very moving testimony about how a mother had achieved independence.

Government Rick Scott needs to be more pro-Family and less pro-Florida Family Law Bar Section.

(DR)2H

Florida Legal Profession Condones Lying

“Lying on Paragraph 6. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE:, of FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(2), PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)(05/12) does not violate The Rules of Professional Conduct or any of the rules adopted by the Supreme Court of Florida which govern attorney discipline,” per Maura Canter, Bar Counsel.

 

Reality Not Rhetoric

Congress has the power to levy a tax.  Congress has the right to defer a tax.  Congress has done the latter in regular IRAs, 401(k), and 403(b) retirement plans.  Financial advisors refer to these as “qualified retirement plans” or just qualified plans.

A plan is “qualified” by meeting certain Internal Revenue Service (IRS) requirements.  Qualified plans are eligible to receive certain tax benefits.  There are two types of qualified plans:  Defined benefit plans, and Defined contribution plans.

Qualified pension plans are defined benefit plans.  IRAs, 401(k), and 403(b) plans are defined contribution plans.  Pensions are retirement entitlements.  Defined contribution plans are retirement savings/investments.

A part of the IRS requirements for being eligible, is that IRS requirements for Minimum Required Distributions (MRD) be met.  The literature/law also refers to Required Minimum Distribution (RMD).

As an owner of an IRA (or other qualified plan) you may be required to make a withdrawal from your account before the end of 2012.  This withdrawal, called your RMD is generally required by the IRS once an IRA account holder has reached 70.5 years old.  You can withdraw more than the minimum from your IRA in any year.  However, if you withdraw less than the required minimum, you may be subject to a 50% tax penalty.  Some sources/plans say it is 50% of the amount not taken (IRA) and others say it is 50% of the entire account (for me, my 403(b) ).

The Federal Income Tax liability incurred by a withdrawal depends on a number of factors.  The main one for my purposes is whether it includes any return of the owner's after tax contributions.  The IRS intent is to not tax “after tax” contributions when they are returned/withdrawn.  The tax-deferred benefit of the plans is that Federal Income Tax is deferred on the “pre-tax” contributions until funds are withdrawn which is at a later time and likely at a lower rate than appropriate at the time the funds were deposited/earned.

The reality is clear.  An RMD is predominately a withdrawal of savings although the tax code requires the withdrawal to be taxed in the year of the withdrawal and not in the year the deposited funds were earned.  Defined contribution plan required withdrawals should be treated as “return of capital” or withdrawal of savings in all applications except determining tax liability incurred by the withdrawal.  Although the rhetoric may differ, that is the reality.

Floridians please note that this means that MRDs or RMD should not be considered in the determination of a party’s ability to pay alimony even though the IRS taxes them as income.  In short, distributions may not be “income” even though they are received, taxed as income by the IRS, and spent.  Being taxed as income at the later date is the benefit for which the qualified defined contribution plan owner is eligible.