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Ft. Walton Beach Criminal Defense Blog

What are the consequences for breath test refusal?

It's a sight no one in Florida wants to see while driving -- the flash of red and blue lights in their rear-view mirror and the sound of police sirens blaring. Being pulled over can be a stressful experience, but that stress is ratcheted up when the officer requests that you perform a breath test on suspicion of drunk driving. Florida drivers might wonder, do they have to comply with that request?

While a person can refuse a breath test, there are consequences for doing so. This is because of implied consent laws. Basically, these laws mean that, in exchange for the privilege of being able to operate a motor vehicle in Florida, drivers implicitly agree to perform a breath test when asked.

Where would my spouse be hiding assets?

During a divorce, one of the most difficult hurdles to overcome is the division of assets. It is during this process when divorcing spouses often act out of anger and fear, making it likely that disputes will arise. 

One argument that can arise involves allegations of hidden assets. Spouses are expected to fully and accurately disclose all their assets and liabilities during divorce. If they do not, they are breaking the law. Still, people are tempted to hide property or cash in the following places as a form of financial reassurance.

4 child support issues to resolve this month

Did you know that August is recognized as Child Support Awareness Month in the U.S.? This month, states celebrate the various resources in place to help parents pay and collect child support, as well as the parents who work to support the needs and welfare of their children.

That is why this month offers the perfect opportunity for parents to address and resolve any child support issues that may be complicating life, including the four we examine below.

Will having a non-compete agreement really protect your business?

If you own a Florida business, you know how important it is to protect certain information. For certain types of businesses, proprietary information is a crucial part of success, and knowing how to shield this type of information from improper use is essential. One way to protect your business is through the drafting and implementation of non-compete agreements.

Many employers require that incoming employees sign these agreements. These agreements essentially prevent an employee from taking certain types of material or information and using it for the benefit of the competition. While these agreements are relatively common, correctly drafting these agreements can have a direct impact on their enforceability in case of a dispute.

How Florida courts calculate child support

Parents all across Florida are obligated to pay child support. Unfortunately, too many see this responsibility as some kind of punishment or arbitrary assignment. But it is neither of these things. Child support is a specific calculation designed to ensure that both parents make a meaningful -- and fair -- contribution to a child's well-being.

The courts do this by taking into account specific factors and guidelines when calculating child support. Below, we examine some of these factors.

4 factors that can make your DUI even worse

Drunk driving is a serious offense in Florida, and a conviction can come with serious penalties. This is true even if it is your first offense and you didn’t hurt anyone. However, the situation becomes even more critical if there are aggravating factors involved.

Aggravating factors include elements that lead to additional charges or an increase in the severity of charges. In this post, we will look at some of the common factors and situations in which a DUI charge can go from bad to worse, according to Florida DUI statutes.

Can I get a receipt for how my ex spends my child support?

One of the primary concerns people have when they pay child support is whether their money is, in fact, going to the support of their child.

However, in most cases, parents won't get a receipt or other proof of how child support payments are spent. For a few reasons we examine below, the courts generally will not order a parent to prove how her or she is spending child support.

Does it matter who is to blame for our divorce?

In any divorce, there is a powerful impulse to point fingers and try to prove -- to yourself, to your loved ones or to the courts -- who is to blame for the demise of a marriage. However, understand that it is not necessary to prove fault in a Florida divorce in order to seek dissolution of the marriage, as Florida is a no-fault divorce state.

This is not to say that fault is completely irrelevant. Under some circumstances, the reason for your divorce can affect elements of the settlement, including finances and child custody.

Child custody: Many options exist. all must achieve 1 goal

One of the hardest choices divorcing parents face is how to structure child custody. Those experienced in family law know that there are many ways to set things up. Having options is usually a good thing, but having too many can be just frustrating.  Whatever elements wind up being part of a final plan, Florida law has one clear objective -- serving the best interest of the child.

The presumption in law is that the ideal is to foster positive relationships between children and both parents. However, finding terms that meet everyone's expectations can be complicated. In most instances, each parent has a right to state their desire. Each child deemed capable of expressing a preference by the court has a say, too.

Helping fathers find their feet amid continuing culture shock

Have you heard the term "Culture Shock?" It came to prominence in the 1950s, courtesy of a Canadian anthropologist. He coined it to refer to the anxiety he observed resulting from "losing all our familiar signs and symbols of social intercourse."

The term originally applied to situations involving travel for international studies. Students and teachers going overseas, or vice-versa, could expect to suffer culture shock. But today, some agree it could just as well apply to the family construct. It's certainly safe to say that concepts of the family have triggered seismic shocks that are still going on – including as regards the law and fatherhood.

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