Many people nowadays view cellular phones as a safety precaution, however with some of today’s new technologies, victims of domestic violence may need to think twice before carrying a cellular phone. The big problem with cellular phones: tracking. Cellular phones have tracking technologies, which allow phone companies to be able to pinpoint the location of their customer within a 100-foot radius. Sometimes, this technology can be very helpful – authorities can use it to find a victim of kidnapping and parents can keep tabs on their children. The problem with this technology, uncovered by the New York Times Article, Stalkers Exploit Cellphone GPS by Justin Scheck, is that abusers can keep tabs on their victims as well. Abusers can follow their victim’s movements through the victim’s GPS function in their own cellular phone. This loss of privacy for the victim can cause serious complications when a victim is attempting to leave an abusive relationship. The abuser can find the victim at their shelter or at their family or friends’ home. According to the NYT article, the only way to stop the tracking is by turning off the cellular phone.
If you are a victim of domestic violence, or if you know someone who is, check out the following resources:
Women in Distress of Broward County is a nationally accredited, state-certified, full service domestic violence center serving Broward County. Visit their Website at www.womenindistress.com or call their 24-hour crisis line for more information 954-761-1133.
Kids In Distress is a community-supported agency providing services for the prevention and treatment of child abuse in South Florida. Visit their Website at www.kidsindistress.org or call them for more information 954-390-7654.
Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death. If you or someone you know is a victim of any act of domestic violence or if you or someone you know have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, you can ask the court for a protective order prohibiting domestic violence. Once you have a safe place to stay, consult an attorney for assistance in filing for a protective order prohibiting domestic violence.
Tuesday, September 7, 2010
Tuesday, April 13, 2010
Modification of Support
What happens when you have to make child support payments or need to pay your ex-spouse alimony (or both) and you lose your job or your income has drastically changed—what do you do?
Once a party is ordered to pay support (child support or alimony to their former spouse), they are not necessarily locked into that amount forever. A payor of support is permitted to file a petition for modification of support if they can prove that there has been a substantial change of circumstance since the entry of the final judgment.
During these last two years, many have lost their jobs, lowered their income, or have been negatively impacted by the economy. Notwithstanding these financial changes, many payors of support have continued to pay the support amount that was based on their previous higher earnings. Unfortunately, payors only realize that they can modify the amount of support once it is too late—in other words, once there is thousands of dollars of support in arrears.
Although the process for modification can take around six months to complete (maybe longer if it is a contested case), if the court permits a modification, the modified amount will be enforced from the date of filing the petition. Therefore, it is important to file a petition for modification as soon as possible, since the modified amount will not be enforced from when the earning capacity was decreased. If your earning capacity has decreased, you should consult a family attorney to determine if filing a petition for modification is a good option for you.
Note on Upward Modification: It is important to mention that support can also be modified to a higher amount. This means if there has been a substantial change in circumstance causing the payor to have an increased income, the court may order the payor to make larger support payments. Therefore, when the economy eventually picks up, or a payor has increased their earning capacity, it is important for payees to understand that they or their children may be entitled to more support than what was entered in the final judgment. If you believe your ex-spouse/children’s parent has increased their earning capacity, you should consult a family attorney to see if filing a petition for modification is a good option for you.
Once a party is ordered to pay support (child support or alimony to their former spouse), they are not necessarily locked into that amount forever. A payor of support is permitted to file a petition for modification of support if they can prove that there has been a substantial change of circumstance since the entry of the final judgment.
During these last two years, many have lost their jobs, lowered their income, or have been negatively impacted by the economy. Notwithstanding these financial changes, many payors of support have continued to pay the support amount that was based on their previous higher earnings. Unfortunately, payors only realize that they can modify the amount of support once it is too late—in other words, once there is thousands of dollars of support in arrears.
Although the process for modification can take around six months to complete (maybe longer if it is a contested case), if the court permits a modification, the modified amount will be enforced from the date of filing the petition. Therefore, it is important to file a petition for modification as soon as possible, since the modified amount will not be enforced from when the earning capacity was decreased. If your earning capacity has decreased, you should consult a family attorney to determine if filing a petition for modification is a good option for you.
Note on Upward Modification: It is important to mention that support can also be modified to a higher amount. This means if there has been a substantial change in circumstance causing the payor to have an increased income, the court may order the payor to make larger support payments. Therefore, when the economy eventually picks up, or a payor has increased their earning capacity, it is important for payees to understand that they or their children may be entitled to more support than what was entered in the final judgment. If you believe your ex-spouse/children’s parent has increased their earning capacity, you should consult a family attorney to see if filing a petition for modification is a good option for you.
Tuesday, January 19, 2010
Premarital Agreements
Getting married is such an exciting time for couples, but along with the excitement come many questions:
➢ What is a prenuptial agreement?
➢ What is a prenuptial agreement?
➢ Should I get a prenuptial agreement?
➢ Do I have to sign the prenuptial agreement that my soon-to-be-spouse gave to me?
Although most people who think about getting married think about love, there are legal implications that have to be considered when a couple gets married. Under Florida law, marriage is viewed as a contract that is entered into by two consenting adults. Therefore, as any other contract, marriage comes with a variety of rights and obligations. A marital contract, specifically a premarital or prenuptial agreement, can affect those rights and obligations.
Marital Agreements - Explanation
The first step when discussing marital agreements is to understand the different types of marriage contracts: (1) premarital agreements (2) postnuptial agreements; and (3) marital settlement agreements. Premarital agreements are those entered into in contemplation of marriage, while postnuptial agreements are those entered into during the marriage. Marital settlement agreements refer to an agreement entered into once a couple no longer desires to be married and settle without going to trial.
Premarital agreements (AKA “prenuptial agreements” or “prenups”) will be the focus of this blog entry, since many individuals I have encountered are usually confused on this topic. A premarital agreement can include as many or as little provisions as the parties desire. The following is a non-exclusive list of the matters that a premarital agreement can include: equitable distribution or division of assets and debts, spousal support or alimony, parental responsibility, child support, insurance, and testamentary provisions.
Once the parties to a marriage enter into a premarital agreement, the agreement must be ratified a judge. Premarital agreements are subject to interpretation by a judge, like any other contract, should a party later require the courts to enforce the agreement.
Effect of Premarital Agreement During Dissolution of Marriage Proceedings
If a married couple has an enforceable premarital agreement, and in the unfortunate event of filing dissolution of marriage is required, the couple will likely be able to settle their dissolution of marriage case without going to trial. There will be minimal involvement with the courts, which means that the former couple will have more control over the outcome of the dissolution of their marriage. Should the unfortunate happen, there is a sense of certainty or predictability that the parties will have when entering into a marriage. Further, a premarital agreement saves time, money and most importantly, in many situations, it allows the parties to go their separate ways in a non-confrontational manner. By not going to trial, it allows the formerly married couple to achieve closure.
One thing that must be mentioned is that pre-marital agreements can be contested by one of the spouses when the parties decide to dissolve the marriage. Sometimes, there is a valid argument for contesting a premarital agreement—the agreement must be fair and reasonable or the contesting party was not given full and frank disclosure of the other spouse’s worth before signing. Also, the premarital agreement must be entered into freely and voluntarily. Other times, there is no legal reason for contesting the premarital agreement—but rather there is just an angry or resentful spouse. For this reason, it is important that an attorney be involved when one is considering entering into a premarital agreement, so that the agreement may be well drafted. A well-drafted agreement will not reduce the possibility that a spouse will contest the agreements, but it will reduce the possibility that a spouse will win the contest.
Negotiation a Premarital Agreement
It’s hard to talk about marriage and a premarital agreement as if it is a business agreement, but that’s exactly the approach you should take. However, a premarital agreement should not be viewed as evidence of a lack of trust in the partner or lack of faith in the relationship. It is simply protection against the unlikely and unforeseen. In a way, it is similar to auto insurance—you get auto insurance not because you plan on getting into an accident or believe that you are a bad driver, but rather just in case you are involved in a car accident. The same goes with a premarital agreement—it is an “insurance policy” on the legal issues of the marriage.
Another analogy would be writing a will. In the state of Florida, if a person passes without having created a will, the state of Florida, through legislation, decides the outcome of a deceased person’s property. Premarital agreements work in a similar fashion—if there is no agreement, through legislation and judicial discretion, the state of Florida would decide the outcome on many issues for a married couple, including their assets and debt, child support, visitation and so on. Just as it is recommended that one should create a will in order to have control over one’s estate at death, it is also recommended that soon-to-be married couples enter into a premarital agreement in order to limit the State of Florida’s involvement in the many issues that arise when a marriage “dies” as well.
When entering into a premarital agreement, consider the following strategies:
-Don’t wait until the last minute – Don’t wait to discuss a premarital agreement with your soon-to-be spouse—it should be explored as early as possible. If the premarital agreement is offered to your soon-to-be spouse too close to the wedding, there may be grounds to challenge the agreement if the marriage ends in dissolution.
-Try to act logically and not emotionally – the parties should agree to act logically so that an agreement will come easier and neither party will feel hurt by the discussion.
-Consult an attorney – you should consult with a legal professional to understand the different kinds of issues that might be covered in a premarital agreement. The better informed you are, the easier it will be for you to explain things to your intended. You should also suggest that your spouse review the premarital agreement with an attorney as well.
Although most people who think about getting married think about love, there are legal implications that have to be considered when a couple gets married. Under Florida law, marriage is viewed as a contract that is entered into by two consenting adults. Therefore, as any other contract, marriage comes with a variety of rights and obligations. A marital contract, specifically a premarital or prenuptial agreement, can affect those rights and obligations.
Marital Agreements - Explanation
The first step when discussing marital agreements is to understand the different types of marriage contracts: (1) premarital agreements (2) postnuptial agreements; and (3) marital settlement agreements. Premarital agreements are those entered into in contemplation of marriage, while postnuptial agreements are those entered into during the marriage. Marital settlement agreements refer to an agreement entered into once a couple no longer desires to be married and settle without going to trial.
Premarital agreements (AKA “prenuptial agreements” or “prenups”) will be the focus of this blog entry, since many individuals I have encountered are usually confused on this topic. A premarital agreement can include as many or as little provisions as the parties desire. The following is a non-exclusive list of the matters that a premarital agreement can include: equitable distribution or division of assets and debts, spousal support or alimony, parental responsibility, child support, insurance, and testamentary provisions.
Once the parties to a marriage enter into a premarital agreement, the agreement must be ratified a judge. Premarital agreements are subject to interpretation by a judge, like any other contract, should a party later require the courts to enforce the agreement.
Effect of Premarital Agreement During Dissolution of Marriage Proceedings
If a married couple has an enforceable premarital agreement, and in the unfortunate event of filing dissolution of marriage is required, the couple will likely be able to settle their dissolution of marriage case without going to trial. There will be minimal involvement with the courts, which means that the former couple will have more control over the outcome of the dissolution of their marriage. Should the unfortunate happen, there is a sense of certainty or predictability that the parties will have when entering into a marriage. Further, a premarital agreement saves time, money and most importantly, in many situations, it allows the parties to go their separate ways in a non-confrontational manner. By not going to trial, it allows the formerly married couple to achieve closure.
One thing that must be mentioned is that pre-marital agreements can be contested by one of the spouses when the parties decide to dissolve the marriage. Sometimes, there is a valid argument for contesting a premarital agreement—the agreement must be fair and reasonable or the contesting party was not given full and frank disclosure of the other spouse’s worth before signing. Also, the premarital agreement must be entered into freely and voluntarily. Other times, there is no legal reason for contesting the premarital agreement—but rather there is just an angry or resentful spouse. For this reason, it is important that an attorney be involved when one is considering entering into a premarital agreement, so that the agreement may be well drafted. A well-drafted agreement will not reduce the possibility that a spouse will contest the agreements, but it will reduce the possibility that a spouse will win the contest.
Negotiation a Premarital Agreement
It’s hard to talk about marriage and a premarital agreement as if it is a business agreement, but that’s exactly the approach you should take. However, a premarital agreement should not be viewed as evidence of a lack of trust in the partner or lack of faith in the relationship. It is simply protection against the unlikely and unforeseen. In a way, it is similar to auto insurance—you get auto insurance not because you plan on getting into an accident or believe that you are a bad driver, but rather just in case you are involved in a car accident. The same goes with a premarital agreement—it is an “insurance policy” on the legal issues of the marriage.
Another analogy would be writing a will. In the state of Florida, if a person passes without having created a will, the state of Florida, through legislation, decides the outcome of a deceased person’s property. Premarital agreements work in a similar fashion—if there is no agreement, through legislation and judicial discretion, the state of Florida would decide the outcome on many issues for a married couple, including their assets and debt, child support, visitation and so on. Just as it is recommended that one should create a will in order to have control over one’s estate at death, it is also recommended that soon-to-be married couples enter into a premarital agreement in order to limit the State of Florida’s involvement in the many issues that arise when a marriage “dies” as well.
When entering into a premarital agreement, consider the following strategies:
-Don’t wait until the last minute – Don’t wait to discuss a premarital agreement with your soon-to-be spouse—it should be explored as early as possible. If the premarital agreement is offered to your soon-to-be spouse too close to the wedding, there may be grounds to challenge the agreement if the marriage ends in dissolution.
-Try to act logically and not emotionally – the parties should agree to act logically so that an agreement will come easier and neither party will feel hurt by the discussion.
-Consult an attorney – you should consult with a legal professional to understand the different kinds of issues that might be covered in a premarital agreement. The better informed you are, the easier it will be for you to explain things to your intended. You should also suggest that your spouse review the premarital agreement with an attorney as well.
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