Practical Legal Advice

Can You file suit for Alienation of Affection in Florida

2012-11-16T08:20:00.003-08:00

Alienation of affection(s) is a legal action, a tort based on willful and malicious interference with marriage relations by a third party. The elements constituting the cause of action are wrongful conduct of the defendant, plaintiff's loss of affection or consortium of spouse, and a causal connection between the two. Not all states recognize the right to bring an alienation of affections action. It is usually viewed as not being relevant or easily applied in modern society.

Legislation was enacted in Florida to abolish the right to bring an alienation of affection lawsuit.

At what age does Florida allow children to stay alone?

2012-11-15T12:11:00.002-08:00

Florida does not have a stead fast rule regarding the age that children can stay home alone. Instead the Department of Children's and Families does offer guidance to parents at the criteria they need to consider prior to allowing there children to stay home alone. Because children mature at different rates, there is no single, pre-set age at which children are considered “old enough” to stay home by themselves for short periods. Parents must evaluate their child’s individual development and physical capabilities.
IMPORTANT QUESTIONS FOR PARENTS TO CONSIDER:
Is my child comfortable, confident and willing to stay home alone?
Does my child consistently follow my rules and guidelines?
Has my child demonstrated good independent judgment and problem-solving skills in the past?
Is my child able to stay calm and not panic when confronted with unexpected events?
Have I brainstormed with my child about what unexpected situations could possibly come up while he or she is alone, and how to handle them?
Is my child consistently truthful with me? Does he or she readily come to me with problems and concerns?
Does my child understand the importance of safety and know basic safety procedures?
Will my child make decisions to stay safe, even at the risk of seeming rude or overly cautious to other children or adults?
Does my child have the ability to calmly provide his/her name, address, phone number and directions to our home in an emergency?
Can my child lock and unlock the doors and windows of our home?
Can my child tell time?
Is my child able to work independently on homework?
Have my child and I established a clearly structured routine for when he or she is home alone, with defined responsibilities and privileges?
If I have more than one child staying home, have the children demonstrated the ability to get along well and solve conflicts without physical fighting or adult intervention?
Have my child and I had some “dry runs” to allow him or her to practice self-care skills while I am at home, but purposefully “not available”?
Is our neighborhood safe?
Do we have neighbors that my child and I know and trust?
After reviewing this list of questions, you’ll have a better idea of how ready your child is to stay home alone. These are only general guidelines. Parents and other caregivers must also consider other factors specific to their individual child and family circumstances in order to make the best decision.
Parents and caregivers should begin leaving children home alone progressively—for only a short time, at first, and stay relatively close to home.

How Child Support is Determined in Florida

2012-07-05T11:56:00.000-07:00

Child support is a substantial commitment. Under Florida law, child support payments are intended to be used for your child's portion of expenses such as rent, electricity, food, transportation, and his or her hobbies/entertainment. Determining the appropriate child support payment amount and method can seem daunting, but having a good understanding of the process is invaluable.

Child support obligations under Florida Law

Both parents have a monthly child support obligation. If the child lives with his or her mom, then the child's dad sends his monthly contribution to mom so she can add it to her contribution and use the combined monthly total to pay the child's hobby/entertainment expenses and portion of the household bills. Child support obligations are determined by a three-step process.

How child support is determined in Florida

1. Both parents' income, before expenses, are added together to get a combined income. For example, if both parents make close to minimum wage and dad's income is $1,290 per month and mom's income is $1,060 per month, the combined income is $2,350.

2. Each parent's proportion of the combined income is calculated. In this example, dad's income is 55 percent of the combined income. Mom's income is 45 percent of the combined income.

3. Each parent is assessed a child support obligation proportionate to his or her percentage of the combined income. The Florida legislature has a child support guidelines chart, which provides a predetermined basic monthly child support amount based on the parents' combined income. For the purposes of the example, the chart indicates the basic child support obligation for a combined income of $2,350 is $515 per month. Dad would be responsible for 55 percent of the $515, or $283.25 per month. Mom would be responsible for 45 percent of the $515, or $231.75 per month.

How the child support payments will be made

Once the court has calculated the child support, the court will decide to whom and how the payments will be made. The court can order that the child support payments be made directly to the parent with whom the child lives. If child support payments are made directly, the parents are responsible for keeping accurate records indicating how much and when each payment is made. Alternatively, the court can order child support payments to be made to the state disbursement unit, where it is collected, recorded, and disbursed. The court can order that the child support be paid voluntarily or by an automatic deduction from each paycheck.

Allowable child support deductions

Parents are not allowed to stipulate to a lower child support payment. Only a court order can create or change a child support obligation. However, child support payments can be reduced or increased depending on the proper application of allowable deductions. What constitutes an allowable deduction has been the subject of much controversy and subsequent litigation. Some allowable deductions include the following:

Health insurance premiums
Mandatory retirement payments
Other child support payments
Alimony
Union dues
Uniform expenses

An experienced family law attorney will know the most current allowable deductions.

If you fail to make timely child support payments

If you fail to make timely child support payments, you can be held in contempt of court. The court has several tools to encourage parents to pay child support. It can suspend privileges such as the privilege to drive, operate a business, or travel abroad. If you fall behind in child support, the court can order you to sell almost anything you have of value. Additionally, parents who owe overdue child support must use any income tax returns towards their child support balance. Moreover, if the court determines the late-paying parent has money or valuables and is not paying off the child support debt, the court can have him or her put in jail for 5 months and 29 days.

If you need help

If you are concerned that your child support payments haven't been accuratel

Repost from Ann Shaw, having a attorney is still a good idea

2012-05-10T11:46:00.000-07:00

http://www.annshaw.com/articles_of_interest.htm

The Store Bought Will Or, How to Save Now and Pay Later

By Ann Shaw, Attorney at Law

I recently received a request from an out of state client to handle his deceased uncle’s estate. Uncle had passed away in a nursing home in St. Pete, and the estate qualified for "Summary Administration" under Florida law.

The nephew sent me his uncle’s will for filing in the Probate Court. The will certainly looked official, with "Last Will and Testament" printed in large letters on top, and with the Uncle’s signature and three witness signatures, all notarized, at the bottom. The will was not prepared by an attorney, however, and that caused unnecessary expense in the end.

The problem was, the will was not "self proving." A "self proving" will is properly acknowledged by the testator and witnesses before an officer authorized to administer oaths (usually a notary public). A self-proving will may be admitted to probate without testimony of the attesting witnesses. Although a notary signed and stamped the will signatures, the required language acknowledging that the testator had declared that he was signing his will, and that the witnesses signed in the testator’s presence, was missing.

When a will is not self-proving, testimony from a witness to the will is required. That meant that I had to hunt down one of the witnesses and bring them before a circuit court judge, or court-appointed commissioner, or clerk or deputy clerk of the circuit court. The expense involved in doing this more than offset the "bargain" that Uncle got by having a non-attorney (of course the preparer didn’t sign their name) prepare his will, and added to the time required to probate the estate. Fortunately, the witnesses were still in the area. If none of the witnesses were available, further procedures would have been required.

The moral of the story is, have your estate plan prepared by an attorney. Saving a few dollars now may mean that your heirs have to spend many more dollars later.

The Importance of Last Will and Testament ( taken from Law Depot)

2012-04-09T12:15:00.000-07:00

Despite recognizing the importance of having a Last Will and Testament, as many as two-thirds of adult Americans don’t have one. The reasons for this range from simple laziness to discomfort at the thought of one’s own death. For many, thinking about their own death makes the concept real. As long as they can avoid thinking about it, they can ignore the inevitable.

Unfortunately, failing to plan for one’s death won’t prevent it from happening. Because of that, it is important to write a Last Will and Testament.

Every Adult Needs a Will

While people often think that only the elderly need to have a will, it is advisable for adults of all ages to have one. It is especially important for parents of minor children, even if they don’t have significant assets. Without a will, the government decides who will become your children’s guardian. In order to have a say in who will care for your children—should you die before they reach adulthood—you must draft a Last Will and Testament to state your wishes.

Even adults without families can benefit from having a Last Will and Testament. You have worked hard to earn what you have—your home, your car, your bank account—shouldn’t you have a say in how it will be distributed in the event of your death? Without a will, your wishes will be irrelevant, and the state will decide how to distribute your estate. Precious heirlooms, that you may wish to give to a friend upon your death, will instead be sold at auction and the money will go to the government. In order to make sure that your estate is handled according to your wishes, and that your money is given to a friend, charity, or other organization of your choice, you must draft a will.

According to the United Way, 60% of Americans die without a Last Will and Testament, leaving the government to decide how to divide their estate. If you want to have the final decision about how your estate is distributed after you pass on, a Last Will and Testament is a vital document.

Keep Your Will Up-to-Date

Once you’ve drafted the will, it’s also important to keep it up-to-date. If you have a new child after you draft your will, you must update the will to include that child, even if you wish to state that the child will receive no part of your estate. In most jurisdictions, if you don’t name all of your heirs, they or their legal guardian(s) will have the right to contest your will.

James Brown—the Godfather of Soul—had his will contested in early 2007 because it failed to name the late singer’s youngest son, James Jr, and his widow Tami Rae Hynie (though, there was considerable controversy surrounding the legitimacy of Hynie’s marriage to Brown).

Brown’s will appears not to have been updated since the birth of James Brown Jr, so it is unclear whether the omission was intentional or not. The singer’s intention, however, is irrelevant. Having failed to name one of his heirs meant that Brown’s will was open to contest, highlighting a situation that can happen to anyone’s estate, should they fail to update their will after major life events such as marriage or the birth of a child.

In order to make sure that your will is up-to-date, you should review your will after the following events:

You get married or divorced (a change in marital status may void your will);
You are unmarried, but have a new partner;
The amount of money and/or property you own changes significantly;
You move to another jurisdiction (some states do not recognize out-of-state wills as valid);
Your executor or a significant beneficiary in your will dies;
There is a birth or adoption of a child in your family;
You change your mind about the provisions in your will.

No Excuse

While the legal fees associated with hiring a lawyer to draft a will are a deterrent for many Americans, the number of inexpensive, do-it-yourself options that are available eliminates this obstacle. It is now quick and easy for anyone to write their own Last Will and Testament.

Given the number of easy-to-use, low-cost alternatives to hiring a lawyer to draw up a will, there is simply no excuse not to plan for the inevitable. As uncomfortable as it may be to think about it, we are all going to die. By drafting a Last Will and Testament, you ensure that your family is taken care of, and that your estate is handled according to your wishes—not the will of the government.

Common Landlord Mistakes

2011-09-02T06:32:00.000-07:00

Foreclosure filings are on the rise and more and more people are purchasing these properties and using them as rentals. With the occurrence landlords and tenant relationships are on the rise. There are several mistakes that residential landlords tend to make, first make sure you have a well written lease. Leases they sale at the office supply stores or online are cookie cutter leases and may not meet the needs or concerns you have with renting your property. Second ask for references you will renting to someone you don't know and therefore you want to provide references so you can discern whether or not they will be good tenants. Third make sure you keep the security deposit in a separate account. It doesn't matter whether it's interest or non interest bearing the money must be kept separate from your own. Fourth you will want to take lots of detailed pictures of the property before renting it out and more pictures after the tenant leaves. These pictures are worth there weight in gold if the property becomes damaged. And lastly you may want to consult with an attorney, a good attorney can help you prepare for your role as a landlord and avoid making costly mistakes.

If you need more information check out the link below:
http://lsnf.org/landlordtenant.pdf

This blog does not constitute legal advice if you want legal advice you should contact a lawyer licensed by the bar of your resident state.

Why do lawyers use ESQ. and what does it mean?

2011-08-08T12:41:00.000-07:00

Although this not a legal question it is one that comes up often so I decided to address it in my blog.

Esquire (abbreviated Esq.) originally was a social rank title above that of mere gentleman, allowed, for example, to the sons of the nobles and the gentry who did not possess any other title. On this basis, a gentleman was designated Mr ('mister' before his name), whereas an Esquire was designated 'Esq.' (without a nominal prefix) after his name. A very late example of this distinction is in the list of subscribers to The History of Elton, by the Rev. Rose Fuller Whistler, published in 1882, which clearly distinguishes between subscribers designated "Mr" and those designated "Esquire" — of higher social position; though old-fashioned, "Esq." remains widely used in upper-class circles.

In the United States, there are no native titled gentry or nobility. The suffix "Esq." has no legal meaning (except in some states), and may, in theory, be adopted by anyone, (given its meaning, any man). In practice, it is used almost exclusively by lawyers (of both sexes), and so it generally may be assumed that, when "Esq." appears on business cards or stationery, the man or woman so identified is a member of the bar.

That "esquire" may be used to indicate that an individual is a lawyer is a remnant of the British practice, in which barristers claimed the status "Esquire" and solicitors used the term "Gentleman". In the United States, though a lawyer may choose to specialize in litigation or other types of law, there are no licensing or bar membership distinctions between the equivalent roles of barrister and solicitor.

Sources: http://en.wikipedia.org/wiki/Esquire

The types of home equity scams: Consumers Beware

2011-06-30T07:52:00.000-07:00

You could lose your home, the equity you have built in your home and your money if you are pressured to take out a loan by unscrupulous lenders or mortgage brokers who offer you a high-cost loan. Mortgage lenders and mortgage brokers may mislead you into signing a loan that is difficult for you to pay knowing you have equity in your home. Certain lenders and brokers target homeowners who are elderly or who are low income or who have credit problems- and then try to take advantage of them by using deceptive practices. You may even be talking to a broker who will charge you extra to find a loan when you think you are working directly with a lender. The Federal Trade Commission cautions all homeowners to be on the lookout for:

Home Equity Scams

• Equity Stripping: The lender gives you a loan, based on the equity in your home, not on your ability to repay.
• Loan Flipping: The lender encourages you to repeatedly refinance the loan either to catch up missed payments or pay off other bills. Every time you refinance the loan, new fees and other charges will be added to the amount you owe.
• Credit Insurance Packing: The lender adds credit life or disability insurance premiums to your loan, which you may not need. This insurance is expensive and may not be necessary. It is also sold without regard to the borrowers’ ability to benefit from the coverage.
• Bait and Switch: The lender offers one set of loan terms when you apply, then when you show up at the loan closing, the interest rate is higher or the terms have changed, i.e. a fixed rate loan is now an adjustable rate loan. You feel pressure to sign the new loan because you do not know of the changes until the last minute when you feel you have no choice but to go through with the loan.
• Deceptive Loan Servicing: The company collecting your loan does not provide you with accurate or complete account statements and payoff figures, receives your payment on time and holds it to make it seem late or adds expensive insurance premiums to your payment claiming you did not keep up your own insurance.

Some of these practices violate federal consumer protection laws requiring certain disclosures about loan terms, prohibiting discrimination based on age, gender, marital status, race or national origin; and governing debt collection activities. For example, you may have the right to “rescind” your loan under certain circumstances if proper disclosures are not provided before you sign the loan and you are entitled to an accounting to make sure your loan is being properly collected and you know how much you have paid and how much more you owe.

You may also have additional rights under state law that would allow you to bring a law suit against your lender or the company collecting your loan.

This blog is not intended to be a substitution for legal advice. Although it is written by a licensed attorney if you need legal assistant you should consult a attorney right away to discuss your options.

Speeding Ticket Facts

2011-05-24T10:11:00.000-07:00

Speeding Ticket Facts

Some things to keep in mind when writing your will in Florida

2011-04-12T10:31:00.000-07:00

Florida Law has some strict requirements when constructing your last will and testament. Here are some things to keep in mind: In Florida you must be in sound mind and at least eighteen years old. The requirement of being in sound mind is meet generally unless you have been found incompetent in a legal proceeding. The Heading should include a statement of Last Will and Testament of ... The next thing is to make the declaration that it is your intent to draft a will.

When drafting your will,describe your property and explain who is to inherit it. This is very important especially in families with lots of heirs. This will eliminate confusion and possible challenges to the will.

In Florida, you can make specific devises (such as saying "To [Friend o Family Member's Name], I give my collection of baseball cards located in the top drawer of my study") or a general devise (such as saying "I give my entire estate to [Friend or Family Member's Name]"). For specific devises, describe the property (what it is and where it is located) sufficiently so that no dispute can arise.

Please keep in mind you will need to update your will several times in your life time as your situation changes. A will should be update at least once every five years.

If you have any questions you should consult legal counsel right away.

Trying to Relocate with your children? Here are some things you should know.

2011-04-08T06:46:00.000-07:00

If you are seeking to relocate with a minor child there are several rules that you should consider. According to Florida Statute 61.13001(1)(e), relocation "means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child." In essence, this means that if you are seeking to move with your children, and there is a pending or closed case which already decided timesharing matters, you must comply with the relocation statute. There are two ways which you may do so. First, if the parents both agree to the relocation, they can enter into a written agreement which provides three key elements: (1) the parent who is not relocating gives express consent; (2) the agreement contains a timesharing schedule to be used after the relocation; and (3) the agreement addresses travel expenses to be paid by the parties. The second option comes into play when the party who is not moving refuses to consent to the move. In this case, the parent seeking relocation must file a document called a Petition to Relocate. This Petition to Relocate must contain the following elements:

1. A description of the location of the intended new residence, including the state, city, and specific physical address, if known.

2. The mailing address of the intended new residence, if not the same as the physical address, if known.

3. The home telephone number of the intended new residence, if known.

4. The date of the intended move or proposed relocation.

5. A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.

6. A proposal for the revised post relocation schedule for access and time-sharing together with a proposal for the post relocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.

7. Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the petition:

A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

This Petition to Relocate must be personally served on the other party if your case has already been closed. If the case is open, service can usually be obtained through certified mail. If the other party objects appropriately, the Court will have to ultimately decide whether to grant the relocation.

Personal Injury Legal Counsel - 5 Benefits That You Should Know About By Stewart Wrighter

2010-11-29T09:24:00.000-08:00

Most people know about the existence of personal injury law but do not really know how such knowledge could be of benefit to them. In the event of any incident where you suffer injuries from occurrences that were not your fault, legal counsel from reputed law firms such as an experienced personal injury lawyer on staff who would be able to help you obtain adequate compensation from the guilty party. Do not worry if you do not immediately have the means to fight a legal battle because you can always find one among the personal injury lawyers who could assist you for a discounted fee or even pro bono. In some cases, it could be a class-action lawsuit against a certain company or person.
Here are 5 leading benefits that you could gain from hiring an able legal counsel:
1. Filing for compensation - the first and most important benefit is that you would know how to file for compensation, and for how much you could be entitled in your specific circumstances. Contrary to common belief you may not always ask for full compensation. Also, unless you file your claim correctly, you would risk its dismissal.
2. Filling in the right amount - just as it is important to know how you should file the claim to enhance your winning chances, it is also important to know the maximum you are entitled to claim according to the injuries you suffered. Reputed legal houses would be able to guide you not on how you should file your claim, but also on the maximum amount you could obtain as compensation for your disability.
3. Winning the claim - filing a claim is one thing; winning compensation in court is another. There are many interpretations of this particular law and it is very important that you have a leading attorney on your side to fight your case to win. It takes a lot of experience and in-depth knowledge of the law to ensure that you get what is due to you in the court.
4. Best negotiation skills - there are plenty of cases where the offender offers an out-of-court settlement. Here too, you would need expert legal counsel to get the most out of the proposed offer for you. The negotiations need to be conducted very skillfully to ensure optimal results for you.
5. Alternative options - depending upon the degree of injury and expenses incurred, your legal counsel could point you to various other alternatives whereby you could get the most in your present circumstances. In the event, your case is not strong enough to win in court; your attorney would inform you about such eventuality and save you from additional expenses and trouble.
As you can see, it is in your best interest to consult and hire the best available legal counsel if you want to get the highest possible compensation out of the offender who is responsible for your injuries and suffering. Unless you make the effort to seek out and engage the best available attorney in this particular field, you would find this task very challenging.

Stewart Wrighter has worked with a Henderson personal injury lawyer for an article he is writing on the topic of injury law suits. His son was hired to work with several Henderson personal injury lawyers recently.

Article Source: http://EzineArticles.com/?expert=Stewart_Wrighter

What are the requirements for relocating with my children after my divorce?

2010-11-03T11:45:00.000-07:00

In Florida,the relocation must be at least 50 miles away and for more than 60 days. The measure is from the last residence when an order was issued or when the pending action was filed. There is no pre-filing requirement, Now you file and serve a petition for relocation that has everything in it required by Florida Statute 61.13001(3). Of course, you can still do it by agreement. The other parent has twenty days to respond to the petition. . The petition has to be served just like the divorce or you can send it via restricted delivery, return-receipt. If no timely answer is filed objecting to the relocation, it will be presumed to be in the child's best interest and the court can issue an order adopting the proposed revised time sharing schedule without a hearing. There are new time frames. If a motion for temporary relocation is filed, the temporary hearing has to be held in 30 days (unless there is good cause) and the final trial must be within 90 days.

Need more info:

www.flcourts.org

Please note that is not intended to replace the advice of legal counsel. This information is being provided by a Florida Bar license attorney. If you need legal advice or have questions . You should contact legal counsel.

Ten Things to Look for in a Family Attorney

2010-10-14T10:55:00.000-07:00

This is a checklist of important factors in choosing an attorney to handle your divorce, custody, legitimation or other domestic relations cases, written by the lawyers at Rockhill Pinnick, LLP :I. Stays Calm.
Your attorney has to be able to stay calm and patient. Both sides in a divorce are usually far from calm, and the children, grandparents, and other people having to suffer the fallout from a divorce will be panicky as well. Your family lawyer should be able to deal with you in a calm, controlled manner. He should show patience with you and with the other side. Panicking rarely, if ever, solves a problem.
II. Is Willing to Say No…. Even to You.
A good attorney is candid about your chances in obtaining an outcome on a particular issue. That attorney should also tell you if you are doing something wrong, or if you are wasting your time. Simply because a client wants something does not mean that it is the best thing for a client, or that it is the right thing to do.

While some clients get upset when they find out that their attorney will not do everything that they are told, this is just the type of attorney that you should be seeking. Otherwise, your attorney will quickly get a reputation of asking for frivolous things or taking positions on issues that he knows the court will not adopt. That makes it tougher for that attorney to be successful on truly close issues. Also, you are paying good money for that attorney, and you deserve the best advice, not just what you want to hear.
III. Uses Technology.
Property division, pension allocation, child support issues, and many other matters relating to divorce and custody rely on software programs to make efficient, intelligent decisions. If your attorney is not up-to-date on these issues, and is still using pencil and paper to formulate a property division, he is behind the times. He should also be able to communicate with you by email, and discuss the opportunities and advantages of electronic communication when parents and children are living apart. If your attorney has not kept up-to-date on technical issues, it is unlikely that he has kept up-to-date on legal issues either.
IV. Knows the Playing Field.
Your attorney will not be able to predict the future. He will not always know how a particular issue will be decided. He should have enough experience with the judge, with the law, and with the other lawyer to intelligently analyze the probabilities.
If you are asking your attorney to travel to another county or jurisdiction, he should discuss with you what he knows, and doesn’t know, about the judges and lawyers in that area.
V. Puts Your Children First.
The client’s children need to be the number one priority for both the client and the attorney. No one should abuse, misuse, or manipulate the children in a divorce case. It is really that simple.
VI. Keeps His Eyes on Important Issues.
I once had an opposing attorney send me a letter vilifying my client, and demanding that I take action to make sure that my client (who was living in the marital home and had the family’s personal computer) immediately EMAIL her client’s resume to her. Given the fact that the woman was less than 25 years of age, I would have thought that she could probably remember where she went to high school, and what jobs she had held. This attorney was simply not willing to tell her client that this was not an important issue in the greater scheme of things, and that she should probably save her money for more important issues. Likewise, a client once asked me to file a contempt action after a final hearing in a divorce action. When the personal property was divided by the court, the client was to get a 60-foot garden hose from the side of the garage; he was certain that the garden hose’s disappearance was an intentional act to irritate him. I explained to him that it would have to be one heck of a garden hose to justify filing a contempt action, and again suggested that he spend his money in a more important area. An attorney who gets distracted in court by pursuing arguments about whether a bicycle should be in the mother’s home or the father’s home will not be as effective in front of most trial judges in dealing with the more important issue of where the child should be.

VII. Is Open to Questions.
Your attorney should answer your questions. If he cannot, he should tell you why not. If you do not think that you are getting a fair answer to your question, then write him a letter or send an email. Frequently attorneys think that they have answered questions, but the client is still confused. Do yourself a favor and the attorney a favor and be sure to ask again. If you cannot receive an answer after that, then that attorney may not be for you. (Caveat: remember, your attorney cannot predict the future. If he could, he would be betting on football games in Las Vegas, not meeting with you at 4:30 p.m. on a Friday afternoon when the sun is shining, the fish are biting, and the beer is cold).
VIII. Makes a Good Presentation to You.
Remember, as a potential client, you are a potential boss. If an attorney does not behave, dress, and talk in a manner that provides good presentation to you, what makes you think he will do any better to a judge?
IX. Is Trustworthy.
In the popular media, sometimes people think the best lawyer is the one who is the sneakiest, or plays the closest to the edge of ethical, moral, or legal behavior. Resist the temptation to hire an attorney who acts like that. Judges will not let attorneys get away with that behavior for very long; opposing counsel will be much more difficult to work with (meaning you will be spending a lot more money); and ultimately you will have a more contentious divorce, with nothing to be gained to compensate you for the increased bitterness and expense.
X. Solves Problems.
If the attorney you are interviewing for hire simply talks in terms of winning and losing, get up and leave. By definition, every person going through a divorce suffers some loss, and certainly children are losers no matter what the outcome. What you want is an attorney who works to identify the problems and solve the problems. Solutions to these problems may come by counseling, a word of wise advice to you, patience, mediation, or possible trial in front of a judge. No options should be foreclosed. Five years after the divorce, you will not be able to remember who “won” or “lost,” but you will remember whether the divorce was too expensive, whether your financial settlement or division was extremely unbalanced, and how your children either suffered or survived after resolution of your case. An attorney who does not work to solve problems before going to court will not be a good family law attorney. "
SOURCE: DivorceNet.com

Posted at 09:15 PM in Attorney-Client Relationship | Permalink

How does Florida Law Protect the purchaser of a used vehicle?

2010-10-04T11:48:00.000-07:00

The purchase of a used car is not protected under Florida's Lemon Laws, however, there are several other types of laws that can be used to help you in the event you discover that you've bought a used car lemon. First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim. Second, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action. Third, Florida has a version of the Uniform Commercial Code may provide you with a remedy. Lastly, the Truth in Lending Act and the Federal Odometer Act might also be valuable in obtaining lemon justice. Each of these laws may provide legal protection that may hold the seller of the vehicle liable if the car you bought is unsafe or in a bad condition.

Need more information:
Check out these helpful websites:
www.carlemon.com/lemon/FL_law.html
lemonlawflorida.info
www.yourlemonlawrights.com/Florida-Lemon-Law.aspx

Please note that is purely informational and is not intended as legal advice. If you want legal advice it is best to contact a lawyer directly. this information is provided by a attorney licensed by the Florida Bar and graduate of St. Thomas School of Law.

What does it mean to be awarded shared parenting in a court proceeding?

2010-09-08T05:31:00.000-07:00

Shared Parenting is the framework setup by the Florida Statutes for co-parenting between both parents after a divorce or a paternity case. Shared parental responsibility is a court ordered relationship in which both parents retain full parental rights and responsibilities and in which both parents confer with each other, so that major decisions affecting the welfare of the children will be determined jointly. The concept of shared parental responsibility is intended to protect the children’s right to an ongoing relationship with both parents. Although this setup is ideal and most preferred there are circumstances in which shared parenting will not work. However, when there is child abuse, family violence, or continuous parental conflict, the court may find that shared parenting would be harmful to the children. In such a case, the court may order sole parental responsibility, where only one parent makes decisions regarding the children. The court may also award one parent ultimate responsibility for decisions regarding a specific aspect of the child’s life such as education or religious upbringing.

Need more assistance:

http://www.trls.org/familylaw.html

http://www.flcourts.org/

How can I serve my husband divorce papers without his address?

2010-08-26T08:19:00.000-07:00

Even if you are unsure about your spouses current residence if you are a resident of Florida for six months or more prior to filing. You can do a substitute service of your spouse by publication.

To file for divorce and serve your spouse through publication, you must take steps and then swear under oath that you have made diligent attempts to either serve your spouse or, if you do not know your spouse's whereabouts, made diligent attempts to locate your spouse. To prove this, you file an Affidavit of Diligent Search and Inquiry showing what steps you took along with a Notice of Action for Dissolution of Marriage. You will also be required to file a Nonmilitary Affidavit saying that your spouse is not in active military service in the United States. ( these forms and directions can be found at flcourts.org click the family law forms tab)
Once the requirements to serve through publication are met, you will publish a Notice of Action for Dissolution of Marriage for four (4) consecutive weeks in a local newspaper or publication. The clerk of court may provide you with publications qualified to print your publication. In your notice of action, there will be a date in which your spouse must respond by. If there is no timely response filed, then a default will be issued against your spouse and you may proceed with your divorce through the default process and have an uncontested hearing without your spouse. However, the relief you seek through the court will be restricted. The court will be unable to rule on certain issues such as alimony, child support and distribution of assets and liabilities.

Please note this is not meant to substitute seeking legal counsel and that choosing a lawyer is not something to be taken lightly. If you need help please contact my office for an appointment.

Need more info: Check out this sites:
http://www.hg.org/article.asp?id=5637
http://myfamilylaw.com

I was never married to the child's mother do I have to pay childsupport?

2010-08-17T13:11:00.000-07:00

The financial obligation to care and provide for one's offspring is not contingent on a marriage certificate. As the biological father of the child you are legally, and morally obligated to provide for their care. Your legal parental responsibilities can be legally determined either through your acknowledgment that you are a parent, by the fact that you had welcomed the child into your home as your own, or as established by a paternity test. Florida laws allow for the filing of a Paternity suit in which the actual parentage of the child can be established.Child support is not something that belongs to the parents it is the right of the child.

Need more information:

http://www.myfloridacounty.com/services/child_support/

http://www.flcourts.org/

My Spouse owes childsupport and they are gonna take our tax return what are my options?

2010-08-12T05:12:00.000-07:00

In order to protect the portion of the tax return that you feel belongs to you the IRS allows you to file a form 8379 along with your tax return as a Injured Spouse.You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied (offset) against your spouse's legally enforceable past-due federal taxes, state income taxes, child or spousal support payments, or a federal non-tax debt, such as a student loan. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. In order to file a claim you will need to get Form 8379, Injured Spouse Allocation. The IRS has to make the determination that you qualify for such relief.

Need more information:

http://www.irs.gov/publications/p971/ar01.html

http://www.ehow.com/how_9184_distinguish-between-injured.html

My girlfriend wants to move out of state with our child what are my options?

2010-08-03T04:51:00.000-07:00

First in order to protect your rights as the Father of the child you need to legally establish Paternity. Paternity is established by filing a petition with the court. Through this action you can also get visitation and determine custody, and child support. You should not let your girlfriend move away without establishing these rights. Also keep in mind that, Florida has a law called the “Relocation Statute”. The law says that once you have a divorce case or a Parenting Plan you cannot move the children more than 50 miles unless the other parent agrees or the Court says that you can. The law has a number of factors to consider, such as the reason for the move, how involved the non-moving parent has been with the children, and other important matters to decide if a move is in the best interests of the children. In any case you need to have a court order in place to assert your rights.

Need more information? Check these links below

www.divorcemag.com/ON/faq/pdfogelman.html

http://en.allexperts.com/q/Family-Law-Divorce-920/2008/2/move-child-1.htm

I get so frustrated talking to my ex what can I do to cope ?

2010-07-13T14:10:00.000-07:00

You have to talk with your ex ( I'm assuming you have children) to make things as normal for your children as possible. The children often suffer the most during the divorce and you don't want to make things more difficult for them. One way you can keep the lines of communication open is through email. When you email your ex make sure keep them short and without and snide remarks. Keep the emails about the children; their schedules and activities. You can also use email to coordinate pick up times for visitation. Do not use the emails to attack your ex !!!! Again it is your best interest to keep the lines of communication open, however if it is not possible to talk without hostility email can be a viable option to avoid conflict.

Need more help : Check out these websites:

www.dad.info
www.ehow.com

What are the Bill of Rights?

2010-07-04T11:58:00.000-07:00

1^stfreedom of religion, speech, press assembly, and petition.
2^NDright to keep, and bear arms
3^rd lodging troops in private homes
4^Thsearch, seizures, proper warrants
5^Thcriminal proceedings, due process, eminent
6^Th criminal proceedings
7^Th jury trials in civil cases
8^Thbail; cruel unusual punishment
9^Th UN enumerated rights
10^Th powers reserved to the states

Need more information Check out these links: www.archives.gov/exhibits/.../bill_of_rights_transcript.html

www.ratical.org/co-globalize/BillOfRights.html

Practical Legal Advice: Can I force my exhusband to pay for private school?

2010-07-01T06:16:00.000-07:00

Practical Legal Advice: Can I force my ex husband to pay for private school?

Can I force my exhusband to pay for private school?

2010-07-01T06:13:00.000-07:00

No. A parent cannot be required to contribute to a child's private schooling expenses unless the court can make certain findings such as the parent has the ability to pay, the expenses are the customary standard of living for the parties, and it is in the child's best interest. The court will look that these factors and make a determination.

Need more information Check out these links:

http://www.attorney-help.us

http://www.findlaw.com

Remember choosing a lawyer is an important decision not to be taken lightly. If you have questions call my office an schedule an appointment.

What types of alimony are available to someone seeking support?

2010-06-30T05:28:00.000-07:00

In awarding alimony, the court considers factors such as the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife.
After equitable distribution has been made, the court may consider an award of alimony. The court may grant alimony to either the husband or the wife. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Permanent alimony continues until the receiving spouse’s remarriage or the death of either party. Rehabilitative and permanent alimony generally are paid periodically (i.e., monthly or semi-monthly). The court may grant some combination of the two. The court may also order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property. Although adultery does not mandate or bar an award of alimony, the court may consider the circumstances of that adultery in determining an award of alimony.

You have the right to find out about all your spouse’s income and assets through the use of discovery procedures which your attorney will explain to you.

Choosing a lawyer is an important decision if your need help please schedule an appointment with the Law office of Carolyn R. Jones

For more information about alimony:
www.divorcesource.com/FL/index.shtml