One stressful and legally complicated aspect of divorce is alimony. Many see alimony as an old-fashioned vestige of divorce. Others see it as a necessary way to help an individual who made financial sacrifices to help the family during marriage. Individuals who are facing a divorce should become familiar with...
Rear-End Accidents Can Be the Front Driver’s Fault
Last year, the Florida Supreme Court made an important change to the case law governing rear-end automobile accidents. Traditionally such accidents are presumed to be the fault of the person driving the rear vehicle. This presumption exists because the driver of the forward vehicle generally can’t see what caused a...
Child Support Guidelines in Florida
In Florida, as well as many other states, child support is determined by guidelines established by the legislature. The child support guideline amount is set out in Florida Statute 61.30 which establishes the amount the Court will award, whether in an initial dissolution of marriage proceeding requesting child support or in...
STUDENT LOANS, BANKRUPTCY AND HOPE
More than $100 billion of student loans were taken out in 2010. Total loans, whether in the form of federal student aid or private student loans, exceed $1 trillion, which means more is owed on student loans than on credit cards. Student loans are extremely difficult to discharge in bankruptcy. ...
TRAFFIC TICKETS, BANKRUPTCY AND FLORIDA
A question that frequently comes up at consultations in my office is whether traffic tickets can be discharged in bankruptcy. Recently, a client presented with over $7000 of fines related to going through tolls with an invalidSunPass. 11 U.S.C. § 523(a)(7) of the bankruptcy law provides that a Chapter 7...
A CASE OF FORECLOSURE FRAUD IN WEST PALM BEACH
An instructive case of what appears to be foreclosure fraud was recently heard by the Florida 4th District Court of Appeals (West Palm Beach) in Pino v. Bank of New York Mellon. I have personally defended similar cases many times. BNY Mellon filed an action to foreclose a mortgage against...
Same Sex Marriage and Joint Bankruptcy Filings
The Defense of Marriage Act (DOMA), 1 U.S.C. section 7, defines a married couple as consisting only of opposite sex married couples. Generally, married couples will file joint bankruptcy petitions; a joint filing saves a filing fee and often a second attorney’s fee. The Justice Department (through the U.S. Trustee)...
Foreclosure Fraud In Florida
In Florida, in order to foreclose on your property, the owner of the mortgage (plaintiff) must file a lawsuit. At an early stage in the foreclosure action, the plaintiff will ordinarily file an application (motion) for a ‘summary judgment’ stating that the facts are not in dispute and judgment must...
Social Security, Childhood Disability and HIV
The childhood disability rules apply to children from birth to age 18, although under certain circumstances, it can apply up to age 21. In any event, the onset of a disabling impairment must precede a child's 22nd birthday. In order to obtain Social Security benefits for a child, you must...
Relocation in Florida: Moving with the children
Florida has moved away from the concept of ‘child visitation’ and ‘primary custody’ and has instead adopted the idea of time sharing. Time sharing recognizes that both parents have equal rights, even if they do not get equal time with the children. Parents must now enter into a time sharing...