Florida’s controversial alimony SB 718 vetoed

By Anna E. Meddin, Esquire
www.meddinlaw.com

Florida Governor Rick Scott says no to SB 718.

Florida Governor Rick Scott says no to SB 718.

By vetoing SB 718, Governor Rick Scott has given Floridians peace of mind that their permanent alimony will not be retroactively adjusted. The controversial bill would have abolished permanent alimony and make it harder to get alimony, let alone for a lifetime.

The current Florida alimony statute defines a short-term marriage as a marriage lasting up to 7 years. A moderate-term marriage is presumed to be between 7 years but less than 17 years, and a long-term marriage is a duration of more than 17 years.

On the other hand, the bill defined a marriage of less than 11 years as short term–no alimony. It might be possible to get alimony if you were married for 11 years but less than 20 years. For marriages of a duration of greater than 20 years, there is a presumption of alimony at no more than 35% of the ex-spouse’s gross income.

However, I believe that this bill will return to the senate floor next year without the language regarding retroactive alimony adjustment language and pass. So if you plan on filing for divorce and you are eligible for alimony, consider filing for divorce sooner rather than later.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

The Meddin Law Firm sponsors CFAWL’s Runway For Justice to benefit A Place for Children

By: Anna E. Meddin, Esquire
www.meddinlaw.com

The Meddin Law Daycare ImageFirm is proud to sponsor Central Florida Association for Women Lawyers (CFAWL) annual fundraising event: Runway For Justice – A Spring Fashion Soiree to benefit A Place for Children.

A Place for Children is a licensed drop-in center located on the second floor of the Orange County Courthouse. A Place for Children offers free childcare services and snacks for children up to the age of fourteen at up to four hour blocks at a time. It serves to integrate social services and high-risk families who could use the information and community services. Many may not be aware but Jurors may also contact A Place for Children should they require childcare services while on jury duty.

CFAWL hosts an annual fundraising event for A Place for Children and for 2013 it is the Runway For Justice – A Spring Fashion Soiree. A Place for Justice has not been funded by the State since 2009 and relies on volunteers and donations. CFAWL has made it their mission to assist A Place for Children and annually raises approximate 10% of A Place for Children’s operating budget.

CFAWL’s Runway for Justice event encourages the support and growth of not just women attorneys but Orlando’s professional women and women-owned businesses.

To make a donation or volunteer at A Place for Justice, please contact 407-836-2108.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

Who owns my house and other issues in marital property division

By: Anna E. Meddin, Esquire
www.meddinlaw.com

MeddinLawMaritalPropertyIn a Florida dissolution of marriage, the Courts will require equitable distribution of marital property while non-marital property, whether it is an asset or debt, generally stays with the individual. A common issue is about real property acquired prior to marriage or inherited properties.

Question: I just inherited a house from my uncle and I want to sell it. Are the proceeds of the sale marital?

Any property received by the spouse by inheritance, even if it is during the marriage, remains non-marital unless the property is gifted or titled to the other spouse, so you do not have to share the proceeds of the sale with your Wife. However, you should keep the money in a separate account, not your joint account.

Question: I bought this house before we got married but since then, we built an addition and remodeled the kitchen. Is my house non-marital?

Generally, a house purchased prior to marriage is non-marital. However, the court will consider several factors in determining whether some value is marital. For example, if the value of the house increased due to remodeling the kitchen and building an addition, the increased value would be marital property.  

The property itself can become non-marital if both spouses contributed to the mortgage and other expenses during the marriage because if that was the case, the house can become marital property.

Remember, there is a very strong presumption under Florida law that all real property is held by the parties as “tenants by the entireties” regardless of whether one spouse acquired the property and whether it was acquired before or during the marriage.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

 

Tags: , , , , , , , , , , , , , , , , ,

Be Careful! A short sale does not equal an automatic waiver of a deficiency balance

By Karen L. Persis

Orlando Modification AttorneyMany property owners are attempting to unload their underwater homes through the negotiation of a short sale of the properties with the bank. Short sales can take months — and unfortunately, sometimes more than a year – to get approved by the bank. Often times, property owners negotiate the short sale with the bank themselves, and assume that because a short sale is occurring, the bank will automatically waive its pursuit of the deficiency balance of the loan.

The deficiency balance is the difference between the short sale price and the total amount the bank is due, pursuant to the terms of the promissory note. For example, if a homeowner owes the bank $100,000, and the bank and homeowner agree to a short sale of $20,000, the deficiency balance is $80,000. Do not assume that the bank has waived its right to sue you for the deficiency balance simply because it agreed to the short sale.

A waiver of the deficiency balance must be obtained from the bank, and it must be in writing.  Do not rely on a real estate agent or bank representative simply telling you that the bank never pursues collection of the deficiency balance. Policies change. Bank officers change. And the change might not be as forgiving.  You may find it helpful to obtain representation of an attorney to either review your short sale documents before closing, or negotiate with the bank on your behalf throughout the short sale process.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , ,

You have been named as a Defendant in a Foreclosure Lawsuit, but you aren’t even the Homeowner. Now what?

By Karen L. Persis, Esquire

law suit - The Meddin Law Firm OrlandoIt is a common misconception that when a bank forecloses on a home, the only parties to the lawsuit are the bank and the debtors who contracted with the bank (generally, the property owners). This is not the case. When the bank forecloses, it wants to receive a clean title to the property, which means any other person or entity that may have an interest in the property that is inferior to the bank’s mortgage must also be named in the lawsuit. Tenants may be named because they may have a leasehold interest in the property. Further, in some cases, the Tenants may be ordered to Deposit Rent into the Court Registry. A Homeowners’ Association may be named because it could have a lien on the property. Additionally, parties who have judgments against the property owners will likely be named, if these judgments were recorded after the mortgage was recorded. Even the federal government, the state, city, and county can be named, if they have liens on the property from nonpayment of taxes or various code violations.

Being served with a foreclosure lawsuit can be scary, especially if you do not understand why you were listed as a Defendant. Tenants, Homeowner’s Associations and other junior lienholders may have rights that should be protected in the foreclosure lawsuit. You may benefit from consulting with an attorney who can provide affordable representation to you throughout the foreclosure lawsuit. It may provide you with a certain peace of mind to know that your interests are being protected.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

 

Tags: , , , , , , , , , , , , , , , , , , , , , , ,

Mortgage Forgiveness Debt Relief Act Extended through 2013

By: Karen L. Persis, Esquire
www.meddinlaw.com

Meddin Law Mortgage ForgivenessDuring the Fiscal Cliff negotiations, the Mortgage Forgiveness Debt Relief Act was extended through December 31, 2013. This is great news for homeowners who are considering a short sale on their principal residences. Generally, if a bank lends you money to purchase your home, and the bank later cancels or forgives the debt balance, you may have to include the cancelled balance as income for tax purposes. The Mortgage Forgiveness Debt Relief Act allows a homeowner to exclude this amount, which saves a homeowner thousands of dollars in tax liability.

For example, if a homeowner owes $200,000 on a home, and the homeowner and the bank agree to a short sale on the property for $75,000, there is a $125,000 principal balance left over. Without the Mortgage Debt Relief Act, the homeowner would have to pay federal taxes on the $125,000 balance, because the government would consider the $125,000 “earned income.” Because the Act is in place for 2013, the tax debt owed by the Homeowner will be waived, if the closing takes place in 2013. If you are considering a short sale of your principal residence, it will be beneficial to have it resolved this year so that you can take advantage of this Act before it expires.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

 

Tags: , , , , , , , , , ,

Another Option to Adoption: Assisted Reproductive Technoloy

By: Anna E. Meddin, Esquire
www.meddinlaw.com

MeddinLawAssistedReproductiveTechnologyIn the past, the only option to have a child was adoption if you were in a same-sex relationship or infertile. Due to scientific advances, married couples, same-sex couples, medically infertile persons, single parents, gender selectors, and genetically at-risk persons now turn to Assisted Reproductive Technology (ART) for a reproductive solution.

Approximately 10% percent of women and 10% of men in the United States deal with infertility. Approximately 15% of all couples deal with infertility.  ART is a combination of medical services including procedures performed by fertility doctors and embryologists, genetic research, medical technology, and donated reproductive tissues, such as eggs extracted from another woman’s ovaries or another man’s sperm. ART customizes the procedures for each person.

An attorney who specializes in ART will manage the associated legal issues and hurdles including preparing contracts, dealing with state and federal laws, and sometimes international laws. Issues dealing with right possible rights of an embryo or the “ownership” of genetic material used to create a human being are complicated in itself, but the lack of cohesive legislation in the United States makes it even more difficult.

Sources:

Women’s Health, A Project of the U.S. Department of Health and Human Services Office on Women’s Health, http://www.womenshealth.gov/publications/our-publications/fact-sheet/infertility.cfm, last updated July 1, 2009.

Center for Male Reproductive Medicine and Microsurgery, Cornell University-Weill Medical College, excerpt from “State-of-the-Art Compassionate Care for the Infertile Couple”, http://www.maleinfertility.org/new-understanding.html, based on an article published on the American Infertility Association (aia), November 1999.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

 

Tags: , , , , , , , , , , , , , , , , ,

A Father’s Minority Time Sharing — Make it Count!

By Anna E. Meddin, Esquire
www.meddinlaw.com

Father Time Sharing Meddin LawDespite Florida’s courts encouraging 50/50 time-sharing, most parents share a schedule more convenient to their lives. And more often than not, this means many Fathers are ordered minority time-sharing. Minority time-sharing may not feel like enough time to bond with your child(ren) but you can definitely make it count.

1.  If possible, stay in town or no more than a one (1) hour drive. This will give your child(ren) more time to spend with you and less time in the car.

2.  Be consistent with taking advantage of your time-sharing. Rescheduling your time-sharing date is not off the table, but missing one a month, or being late every time you show up will let your child(ren) know that they are not a priority to you.

3.  Sometimes, you’ll have to make personal sacrifices. If your buddies want to plan a football weekend trip and it coincides with your son’s baseball tournament final, you might have to pass up on the football weekend trip.

4.  Make your time-sharing more realistic. Due to minority time-sharing most Fathers want to make the time spent with them to be full of fun, toys, games, and junk food–things that the child(ren) would not get on a regular basis were they home with the Mother. Indulgence can be good, but remember to give them responsibilities like chores, check on their homework, and cook dinner together.

When a weekend “visit” isn’t real life and a Father wants to modify time-sharing and is successful, the child(ren) will not understand why they now have to study, do chores, or not watch TV as long as they want.

5.  Be involved with your child(ren)’s activities. Go to every performance, school open house, scout event, or game.

Sometimes the little things can mean a lot more than you think.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

 

Tags: , , , , , , , , , , , , ,

From Crying Children to Abductions, Dealing with Holiday Custody Time-Sharing Issues

By Anna E. Meddin, Esquire
www.meddinlaw.com

It’s that time of year again.
Floridians, pull out your your Parenting Plan.

Here are some tips to minimize emotional or financial disaster in dealing with common holiday time-sharing issues.

1.  Review the date and time of exchange for time-sharing. Make the transition smooth by letting your child(ren) know several weeks to days in advance. If possible, send the other parent a friendly confirmation of the exchange.

2.  For some parents, this time of year is filled with fear or suspicions of child abduction. If this is the case, please contact your attorney to discuss your well-reasoned concerns. It might be time to modify your parenting plan or move forward to keep your child in the country or state.

3.  Many parents are also faced crying child(ren) who do not want to go with the other parent. This puts you in a very difficult situation. Legally, you must follow court orders but it might be time to talk with your child as to why. Then, you might have to talk to your attorney about what you can do for the future.

4.  Sometimes your child(ren) are going out of state to visit the other parent. Should this happen to you, make sure you have a copy of the itinerary, contact numbers, and address of where they will stay.

5.  If you know that the other parent have family visiting from out of town but the child(ren) are supposed to be back at your house by 5:00 p.m., it doesn’t hurt to let them stay another hour. This might be the only time of year your son gets to see his other grandfather.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Wisconsin Judge Orders Special Probation Condition

By Anna E. Meddin, Esq.
www.meddinlaw.com

A Wisconsin judge has added a unique probation condition for a father who owes $50,000 in child support and $40,000 in interest–to not procreate again.

After pleading no contest to jumping bail and failing to pay child support, the Wisconsin man was sentenced by Judge Tim Boyle of Racine County. The defendant, Corey Curtis, has fathered nine children with six different women. The judge added the probation condition after the prosecutor explained that it was the way he could restrict the defendant from having more children. The judge had previously mentioned that it was too bad he could not order sterilization.

The prosecutor cited that in Wisconsin Supreme Court saw a similar case in 2001. A man had been charged with seven counts of intentional failure to support his nine children and the justices ruled that the defendant’s constitutional right to procreate would not be eliminated. He could still procreate if he made child support payments.

Source: Weiss, Debra Cassens, “Judge Adds Probation Condition: Dad Who Owes $50K in Child Support May Not Procreate,” ABA Journal, December 5, 2012.

The information contained in this Weblog (Blog) is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Weblog (Blog) contains general information and may not reflect current legal developments, verdicts or settlements. The Meddin Law Firm, P.A. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Weblog (Blog).

The Meddin Law Firm, P.A. and Attorney Anna E. Meddin can help individuals, families, and spouses within the Florida Court system of Orlando, Central Florida and throughout the State of Florida. The Meddin Law Firm is located on “Attorney Row” in downtown Orlando at 1500 E. Robinson Street Orlando, FL 32801.

The Meddin Law Firm, P.A. | 407-392-2320 – www.meddinlaw.com

Tags: , , , , , , , , , , , , , ,