Child Support- It cost money to raise a child....

 

What is Child Support?

Child support is for the child. Theoretically, when parents are no longer together each parent contributes to the raising of that child. Payments are used for housing, food, clothing, and other expenses that are needed to raise a child. Usually, the amount that is given from one parent to another is just for the basics and much more money is really needed.

How is Child Support Calculated?

Child Support is calculated under Florida Statute 61.30 and is based on both parties’ income and the time each parent spends with the child. Essentially, if the minor child is with one parent that parent is providing the necessities of life. There are child support guidelines the court follows when calculating child support and when one parent is not working the income that may be used is minimum wage for that parent.

Can it be Changed?

Child support can always be modified if a parent’s income goes up or goes down. Generally, the parent who is making more or less money should tell the other party about his or her situation. Child support is for the benefit of the child and support the child is supposed to receive as though the parents had not separated. However, there has to be a certain amount of change for modification to occur.

Contested Divorce- We Can't Agree!!!

What is a contested divorce? In a Contested Divorce, one of the parties is a Petitioner and one of the parties is a Respondent. In a contested divorce the parties have not reached an agreement as to the division of their property, responsibility for marital debts, or issues involving the children.

What Happens?

After the proper pleadings and other documentation are filed with the court and served upon each party the court will generally send the parties to mediation. Mediation is where both parties, along with their counsels, sit down with a third party, the mediator, and try to reach an agreement. The great thing about mediation is both parties have control over the process and can make decisions they feel comfortable with.

Mediation is a Bust

If a compromise is not reached in mediation then any issues that are left unresolved will be taken in front of a judge and a determination will be made. Both parties will be able to call witnesses, experts, certified divorce analysts, and other individuals to prove their case. After all of the evidence is heard, the judge will make a decision on what needs to happen for every issue that is contested.

Financial Affidavit- Do I go Short or Long?

What is the purpose of the Financial Affidavit?

The Financial Affidavit, which is required in majority of family law matters, seems to be a simple document. You fill in the assets and liabilities you have and have your statements notarized. This document can be crucial in determining child support, alimony and any other type of support the court deems necessary. It is important when this document is filled out that the information is accurate and is updated if the financial situation has changed.

Short Form vs. Long Form

In the State of Florida there are two types of forms: the short form and the long form. The short form is used when the individual filing has a gross income UNDER $50,000 per year. On the other hand, the long form is used when an individual has a gross income of $50,000 OR MORE per year. The ramifications of filing the incorrect form out may have devastating impact when it comes to child support and alimony.

Financial Advisor

Anytime I have a dissolution of marriage case and a client has a high net worth I automatically advise (and most instances require) my client to speak to a financial advisor. I do this to make sure my client is protected financially and there well-being after the dissolution of marriage is looked after

Marriage and Alimony

What is Alimony? Alimony/Spousal Support is where one spouse (husband or wife) financially helps the other spouse during or after a final order for a dissolution of marriage. Sometimes that assistance can take on different forms.

Different types of Alimony

Depending on the circumstances the following types of alimony may be awarded: bridge-the-gap, rehabilitative, durational, or permanent in nature. In any award of alimony, the court may order periodic payments, payments in lump sum, or both. The court may consider the adultery of either spouse or the circumstances thereof in determining the amount of alimony, if any, to be awarded.

Factors

The length of the marriage will play a vital role in whether or not a person may be eligible for alimony. In order to award alimony, there has to be a need for the alimony and the ability of the spouse to pay for the alimony.In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to the following factors:

-The standard of living established during the marriage.

-The age and the physical and emotional condition of each party.

-The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.

-When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

-The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career building of the other party.

-All sources of income available to either party.

-The court may consider any other factor necessary to do equity and justice between the parties.

Alimony can be something that is used to help one party get back on his/her feet and become financially stable.

To serve and protect? Kelly Thomas?

As with any public servant the pay is no good, the hours are long, and the appreciation is little to none.  An overwhelmingly majority of police officers, firefighters, teachers, etc. are good individuals who genuinely enter their profession with nothing but the best intention.

However, the case of Kelly Thomas shocks the conscious of what police should do and is a picture of exactly the opposite of have nothing but the best intention.  (see: video  Graphic http://www.youtube.com/watch?v=1ljYNgLnpxM) I was never a police officer and I have no doubt they have one of the toughest jobs, but they have to handle there jobs with a certain discretion. Mr. Thomas was beaten so badly, not by 1 or 2 or 3 police officers, but by a total of 6 according to reports. Six police officers against one man that included beating and tasering. In the end, Mr. Thomas, a 37 year old schizophrenic man, was beaten and tasered to death. ( see article: http://www.dailymail.co.uk/news/article-2019225/Police-beat-taser-gentle-mentally-ill-homeless-man-Kelly-Thomas-37-death.html)

No matter what happens in this case the bottom line is a 37 year old was killed. The disgusting part of this is that as Mr. Thomas was slowly being beaten and tasered to death, bystanders could hear him screaming for his father.

Were the police serving and protecting the public as they are sworn to do, or were they under the presumption that they can get away with beating a mentally ill gentlemen without facing any consequences? The police will have to come up with a compelling reason as to why they beat a man to death and why they thought that amount of force was necessary in a six on one battle.

Kangaroo Boxing: Animals in Entertainment or Animal Abuse?

The University of Central Florida’s arena is housing the Piccadilly Circus.  For many the circus brings great joy and excitement, but for others the entertainment value is destroyed by the often harsh treatment of the animals.  This year the Piccadilly Circus brings along with it a boxing kangaroo! Yes, a boxing Kangaroo--you don’t believe me please read:

“Real family fun!
Piccadilly Circus is celebrating 25 years of entertaining families across America, and has pulled                               out all the stops to make this year's edition the greatest! Elephant Extravaganzas, the Boxing Kangaroo,                                    Motorcycle Madness, Outstanding Acrobats, and the World's Funniest Clowns! Plus elephant and pony rides, and a Kid's Fun Zone!

Tickets on sale now!”                                                                       (source: http://www.ucfarena.com/tickets/tickets/details/358)

I understand everyone needs to make a living but if you are going to have a “simulated combat sport” make sure the participants are willing and are able to consent and not animals who are “forced” to work. Animals who are used in entertainment and are forced to do “shows” that require them to “fight” a human being, in my eyes are being mistreated.  In my opinion, those who sponsor such events should be careful of what message they are portraying in the public eye.  After protest by the People of Ethical Treatment of Animals (PETA) a Texas “kangaroo boxing” show sponsored by KRAFT Food was cancelled.  ( See: http://www.heraldsun.com.au/news/world/kraft-sponsored-kangaroo-boxing-upsets-peta-animal-rights-activists/story-e6frf7lx-1225837599221).

My suggestion is the University of Central Florida needs to think about branding and how important it is to the school, not only in the State of Florida but also on a national level.  When it comes to animals and potential abuse of animals it is a smart thing to stay far away from anything that may even seem like abuse. (see wftv video report: http://www.wftv.com/video/28565867/index.html)

Although some may overlook or simply not understand the problem with the treatment of many animals used in entertainment, I am unable to turn a blind eye.  As a strong animal lover and advocate for those who cannot speak for themselves, I am unwilling to show support for the use of a Kangaroo as a boxer against a human being; the Kangaroo has no power to say “No” and so I feel it is my duty to speak up and say this is simply not right, and an animal should not be made to do things outside of its natural way of living.  Making a living is a need for all human beings but I believe there are always ways to make a living that do not involve the exploitation of animals such as the Boxing Kangaroo.

Just Prescribe the Dro?

Pop Culture

The use and enjoyment of marijuana has been seen and heard through movies and music. It seems that more and more people are “accepting or tolerating” the use of marijuana. From Sean Paul’s big hit in the early 2000s “Just Gimme the Light” (www.allseanpaul.com) to the hit movie “Knocked Up,” (www.imdb.com/title/tt0478311/) the portrayal of marijuana use in the media seems that there are no consequences.  Unfortunately, the songs and movies do not capture the reality of what is the law. Regardless, even if you do not believe it should be a crime, it is still a crime in the State of Florida.

You Can Get Arrested!

Possession of marijuana in the state of Florida is a 1^st degree misdemeanor. Under the Florida Statute 893.13(6)(b) it states:

“If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree…”

The consequence of  being arrested can be a maximum of 1 year jail time and a maximum fine of $1,000. These are serious penalties for possessing a “joint,” but they are real and they can be enforced.

Polls / Reality

According to a 2009 Gallup Poll, “44% of Americans are in favor of making marijuana legal and 54% are opposed. U.S. public support for legalizing marijuana was fixed in the 25% range from the late 1970s to the mid-1990s, but acceptance jumped to 31% in 2000 and has continued to grow throughout this decade.” (http://www.gallup.com)

According to www.Procon.org there are 16 states and DC that allow the use of medical marijuana and another 10 or so that have pending legislation. (www.procon.org). As for the State of Florida, possession of marijuana even for “medical use” is still illegal.

The State of Florida has a narrow exception for the defense of using medical marijuana in the 1991 Jenks v. State case.  (to read the case : see http://scholar.google.com/scholar_case?case=10379129612648642905&hl=en&as_sdt=2&as_vis=1&oi=scholarr)

Conclusion

If you decide to use marijuana in the state of Florida you can face harsh penalties. So be safe and be smart!

The 4th of July – “The Birth”

As we sit down and celebrate the 4^th of July this year we should take a moment and remember why we celebrate this day. The 4^th of July is not just a day to watch the Nathan’s hot dog contest. (See: http://nathansfamous.com)  It is a time to remember how great our country is and how special it is when compared to other civilizations. One of my favorite periods of our history is the Revolutionary War period. This time period not only shaped the people that lived during that era, but it also helped shape people of today. On paper, the 13 colonies fighting against the greatest empire of that time should have been a “quick scrimmage” for the British. (See: http://www.britishempire.co.uk/) However, we are able to celebrate today because the heart and a little luck found in the people of the 13 colonies overcame that great empire.

You can look throughout American History (the good parts and the distasteful parts) and find that there was always a person or group who stood up for what was right in the world.  Out of all of the great documents/speeches produced in United States History, the most influential in my point of view is the Declaration of Independence. (See: http://www.archives.gov/historical-docs/)  Specifically, the phrase:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

As this 4^th of July comes and goes, I wonder how people feel about the United States and her legacy.

Happy 4^th of July!

Arrested? Call Your Bail Bondsman*

Bail Bondsman to the Rescue

Everyone generally knows the phrase after you are arrested call your attorney. However, a few weeks I was at a gathering where veteran judges were speaking and there was an interesting quote by one of the judges; it went something along the lines of, “if you are ever arrested call your bail bondsman because they will post the money to get you out of jail and that’s what counts.”

When this was said I recognized that he had a valid point because after you speak to a client or his family member after an arrest, your initial goal is simply to get the client out of jail and proceed from that point. For many people this concept of getting a bond to get out of jail is something they can only relate to via television. (See: http://www.dogthebountyhunter.com/ )

Bond

When a defendant is charged with an offense the court generally sets a bail bond. (There are some charges where there is no bond until there is a first appearance.) The purpose of the bail bond is twofold. First, it assures the court that the defendant will come back to court for future court dates. Secondly, it allows the accused the freedom to continue his life with limited interruptions until the date of the trial.

Types of Bonds: Cash/Surety

There are generally two types of bonds: a cash bond and a surety bond. A cash bond is the amount that is imposed by the judge. It can be a predetermined amount if there was a bench warrant and the defendant was picked up, or the cash bond amount can be determined after the arrest or at first appearance. After the defendant’s case is finished and any fines or payments that need to be paid come out of the cash bond, the remaining money goes back to the defendant.

A surety bond is a written guarantee by a bond company. Here is an example of one from Moncrief Bail Bonds: (http://www.moncriefbailbonds.net/Moncrief/assets/Files/bail_bond_application.pdf)  A surety bond ensures the defendant will appear at all court dates. A surety bond is an independent agreement between the defendant and the bonding company. Basically, the bonding company is providing the court with an “insurance policy” that the defendant will appear in court and is then liable for the full amount of the bond if the defendant does not appear. (see http://www.dogthebountyhunter.com/) for an example of when a defendant decided not to show up; however, there are no “bountyhunters”  under Florida Statute 648.30 subsection section 2) If the defendant does not show up for court the problems he will face compounds because the bonding company is on the losing end.

Conclusion

Getting arrested is no fun but the ability to bail oneself out and regain some sense of freedom before an actual trial date can be a little weight off his shoulder.

“Can you go to jail for murdering a cat?”

Yes.  If you kill an animal you can be charged under Florida Statute 828.12.(2). Under this statute it states:

“A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.”

Tamarcus Lamont Harper has been charged under this statute for his alleged actions on June 26, 2011. According to the Gainesville Police Department, Mr. Harper kicked his ex-girlfriend's 8-week old kitten and killed it.

If you would like to read more about this story please visit: http://www.gainesville.com/article/20110627/ARTICLES/110629622