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Ft. Walton Beach Criminal Defense Blog

Property division basics in Florida

Property division is a significant portion of what must be determined during the divorce process. Property division can have a significant impact on the future finances of both parties. It can be a complex process and requires an accounting and valuation of all the assets and debts of the couple. In Florida, property is divided according to equitable division principles.

The equitable division process involves taking into account a number of factors and dividing property in a manner that is fair to both parties. Factors that are considered during the property division process include how long the couple was married; in what ways each of the spouses contributed to the marriage; and the earning capacity and career of each of the spouses. In addition, property is categorized as marital property, which is divided, and non-marital property, which is not divided, so determining marital and non-marital property is important.

Medical expenses and child support obligations

This blog recently discussed the serious consequences associated with failing to pay child support. In addition to the responsibility to pay child support, parents are also responsible for their children's medical expenses. The potential penalties for failure to pay medical expenses are the same as those for failure to pay child support and can include wage garnishment, tax intercepts, suspension of a business or occupational license, contempt of court or even possible time in jail.

Medical expenses that may not be covered by a parent's health insurance plan are referred to as extraordinary medical care costs because they are in excess of what is covered by a health insurance plan. Extraordinary costs can include deductibles, co-pays and prescription drug costs or other necessary medical, dental and vision care costs that are not covered by medical insurance.

Former running back jailed in for failure to pay child support

The consequences for failure to pay child support in Florida can be harsh. A former NFL running back was recently jailed in Florida for failure to pay child support. The former New England Patriots running back turned himself in and was released from jail 17 hours later after he paid a "cash purge" of $7,924. The court will hold an individual for failure to pay child support on a "cash purge" until a determined amount is paid in lieu of bond. Although the amount of child support due is unknown, after paying the $7,924 the former running back was released.

The 27-year old former football player faced the threat of 30 days in jail. The 33-year old mother of the child filed a paternity petition last year following the child's birth in the fall of 2015. The paternity case has been progressing through the family law system over the past year and a half. The penalties for failure to pay child support in Florida can be significant and should not be ignored.

What are the penalties for drunk driving in Florida?

In Florida during 2011 there were a total of 33,625 DUI convictions according to DMV records. A DUI conviction can have a significant impact on the life of the accused individual. DUI charges can impact all aspects of the life of an accused individual including their personal and professional lives. In addition, in Florida, DUI charges carry serious penalties and potential consequences.

To begin with, failure to consent to a breath test or blood or urine test in Florida will result in license suspension for one year. For the first DUI charge, accused individuals face a fine ranging from $250 to $500; up to 6 months in jail; up to 50 hours of community service; revocation of their driver's license for at least 180 days; probation not more than a year; and 12 hours of DUI School.

On what grounds can a landlord evict a tenant?

If you rent property in Florida, you would be wise to be fully aware of your rights as a tenant and how you can protect your interests. This is beneficial in case something unexpected arises, such as an unexpected eviction effort from your landlord. Knowing your rights is the first step in protecting your interests.

In some cases, Florida landlords have the right to evict a tenant from his or her premises. There are certain circumstances that would merit this action, but there are also cases in which an eviction is unlawful and inappropriate. If you believe that you are experiencing a violation of your rights as a tenant, you may find it beneficial to reach out for help.

Shared custody is best for children recent study says

Establishing a child custody arrangement can be challenging for divorcing parents. In Florida, shared custody child custody arrangements are preferred. Recent research supports that shared custody child custody arrangements are best for children. A recent study revealed that having a strong relationship with both parents has the strongest impact on the likelihood that the child's future will be healthy and happy following divorce.

In greater than 80 percent of court-ordered child custody cases, the mother is awarded full physical custody. Research shows, however, that a strong relationship with both parents has the strongest impact on a positive future for children following divorce. Traditionally, a focus has been on conflict that typically accompanies divorce which has resulted in primary custody for mothers and visitation for fathers once a week or every other weekend.

How child support is determined in Florida

Child support orders outline the obligations parents have for their children. The family law court helps parents set up a child support order and also provides options to help families modify their child support order or enforce a child support order when needed. Florida law sets child support guidelines which child support amounts and orders are based on.

Child support guidelines are used to help the family law court determine how much support the child needs and how much support the parent is required to pay. Child support guidelines are used to establish the initial child support order and are also used if the child support order is modified. Child support guidelines take into account the income of both parents; the health care and child care costs of the child; and the standard needs of the child.

Man arrested for DUI in Okaloosa County after traffic stop

Drunk driving charges are serious criminal charges. Authorities from the Okaloosa County Sheriff's Office recently reported arresting an alleged drunk driver. According to a witness, the driver hit a guardrail and was driving recklessly. Witnesses called in to report the alleged drunk driver. Following the traffic stop, the 29-year old driver was arrested for DUI and possession of a controlled substance without a prescription. The man was allegedly in possession of Xanax and a syringe.

Drunk driving charges can have a significant and negative impact on the life of an accused individual. Individuals accused of drunk driving can face serious criminal penalties, such as incarceration and fines, as well as administrative penalties including the loss of a driver's license. The potential penalties and consequences associated with drunk driving charges can have a significant impact on the personal and professional lives of accused individuals.

Knowing when a child custody modification may be possible

Life rarely remains the same following a divorce and the establishment of a child custody arrangement. Though child custody and visitation issues may be resolved, and a parenting plan established, changes down the road may create the need for a child custody modification. Post-divorce modifications may also apply to other concerns, such as child support, as well.

Either parent can request an agreement modification from the family law court. While the family law court always focuses on what is in the best interests of the child when establishing a child custody agreement or modifying a child custody agreement, there are some circumstances in which a modification of a child custody order may be possible. While either parent is able to request a post-divorce modification, parents may object to one as well.

Sorting through the mixed bag of Florida marijuana laws

When Florida government officials made medical marijuana legal in this state, you may have been one of perhaps thousands (or more) happy to hear about it. If you or someone you love suffers from a seizure disorder, cancer or other ailment from which studies show cannabis alleviates symptoms, you may be relieved to know it might be possible to get help for your condition. If you plan to seek this type of pain relief, there are various regulations with which you'll want to be familiar.

If you're into studying legal terminology, then you may already be aware that there's a distinct difference between the legalization of marijuana and the decriminalization of it. Understanding this difference is crucial to anyone who hopes to avoid problems with the law, also keeping in mind that regulations vary by state; so, knowing what's what in another state isn't going to help you much if you're in Florida.

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