FISHER'S LAW OFFICE NEWSLETTERS

Newsletter
February 1996
Fisher's Law Office

Welcome to the NEWSLETTER of Fisher's Law Office, providing you with legal information you can use in your everyday life. If you have questions, don't hesitate to call or send us an e-mail today.

1. MAJOR CHANGES IN DIVORCE LAWS

The Florida Supreme Court has made major changes to the way divorce procedures work. Beginning January 1, 1996, anyone who files for divorce, or for a modification of alimony or support, must send extensive financial disclosure to the other party. These disclosures include a special lengthy Financial Affidavit, pre-answered written questions and three years of federal tax returns. Also, copies of recent pay stubs and copies of any recent loan applications made must be disclosed. (See Family Law Rule of Procedure 12.285.)

2. MAJOR CHANGE IN THE LAW OF "NECESSITIES"

For over 100 years, spouses in Florida have been responsible for each other's medical bills and expenses for the necessities of life.

On December 21, 1995, the law was changed by the Florida Supreme Court in the Connor vs. Southwest Florida Regional Medical Center case (Fla. Sup. Ct. No. 84,000). In the Connor case, the Florida Supreme Court threw out the requirement that a spouse is responsible for the other spouse's medical bills and food. The radical Florida opinion puts Florida in a class with only three other states that no longer have any law of necessaries. The other states are Alabama, Maryland and Mississippi.

3. DIVORCE REFUND ALERT

If you were divorced since 1990 and paid a tax to transfer a home into your name, you may be entitled to a refund of taxes paid! Miami Judge Juan Ramirez, Jr., ruled in January, 1996, that transfer taxes on divorced spouses are "illegal and improper".

4. WHY IS FLORIDA'S ECONOMY DOING SO WELL?

The answer may lie in the 1947 law called the Taft-Hartley Act. This Act allowed states to pass so-called "right to work" laws. Only 20 states besides Florida have "right to work" laws. Almost all of them are in the South and West. Florida and Texas are two of the biggest States that have these statutes. Many people are calling for a federal law to allow people to freely work without paying mandatory union dues throughout the country. Until this new law passes, however, Florida will remain a competitive State and its economy should continue to expand.

5. WEIRD LAWS YOU'VE NEVER HEARD OF

Tattooing is illegal. Florida Statute 877.04 makes tattooing without a license to practice medicine or dentistry illegal. Anyone who tatoos a human body without such a license can be sent to jail for sixty days.

Florida Statute 877.05 states that whoever kills a calf that is under four weeks old for purposes of sale shall be fined $500.00.

Florida Statute 877.15 makes it a misdemeanor to fail to take reasonable measures to put out a fire when one can do so without a substantial risk.

Florida Statute 877.09 makes it a crime to plug up any sewer system.

6. ABOUT TO GO INTO A DIVORCE SITUATION? HERE ARE SOME IMPORTANT DO'S AND DON'T'S

Do list your assets, liabilities and income on a court-approved financial affidavit (see us for a free affidavit).

Do get three years of tax returns and bank statements to show your lawyer at the first meeting.

Do answer all interrogatories now required with an initial filing in a family law case (these are available free from Fisher's Law Office).

Do determine whether or not your attorney has experience with divorce trials.

Do find out whether your attorney has practiced before the judge in your case.

Do consider asking your attorney to file a motion to prevent either party from disposing of marital assets.

Don't obsess over the person you are divorcing, life goes on whether you believe it or not. It normally takes two years to recover emotionally from a divorce.)

Do consider getting counseling for yourself (It normally takes two years to recover emotionally from a divorce).

Do attempt to go on with your life to the extent possible.

Don't spend money on a girlfriend or boyfriend from marital funds. (This is one instance when adultery can be relevant in the court determination of the outcome of your case.)

Don't lie to your attorney under any circumstances.

Don't wait until the last minute to hire an attorney.

Don't argue with your spouse in the presence of your children.

Do think rationally and see a lawyer as soon as possible.

7. HERE IS ANOTHER EXAMPLE OF HOW THE U.S. GOVERNMENT WASTES YOUR RETIREMENT MONEY!

When you reach age 62 and retire, any minor children you have will be entitled to social security benefits. You do not have to be disabled and your children do not have to be disabled to receive this free benefit. Under the federal law, your children get this benefit even though they contributed nothing to the Social Security system through payroll taxes! (See 42 U.S.C. 402(d)).

8. MORE WEIRD LAWS YOU'VE NEVER HEARD OF

Florida Statute 877.16 makes it a crime punishable by a jail term of 60 days to charge for admission or advertise for any exhibition of a deformed animal. If you know of anyone with a deformed animal, you may want to warn them about this law.

You can go to jail for one year if you encounter anyone who has a burn over ten percent of the surface area of their body and fail to report treatment of the person to the local sheriff's office! (See Florida Statute 877.155)

It is a felony under Florida Statute 876.24 to be a member of a "subversive organization". If you know of anyone who is a member of a subversive organization, you may want to dial 911.

Under Florida law, it is a felony if two or more people assemble for the purpose of advocating communism, naziism or facisism. See Florida Statute 876.03. (Also, no one who owns a building may allow anyone to assemble for the purpose of teaching anarchy, communism or naziism or facisism under Florida Statute 876.04.)

It is against the law for anyone over 16 years of age to wear a mask and enter on another person's premises. (See F.S. 876.14)

Florida Statute 876.15 makes wearing a mask by anyone over 16 years of age illegal at any meeting or demonstration upon the private property of another without written permission to do so. (There is a exception to the above two laws for anyone wearing traditional holiday costumes or attending Gasparilla celebrations.) See Florida Statute 876.16.

Gasparilla Day is a legal holiday in Hillsborough County under Florida Statute 683.08. All government offices and schools may close. on this day in Hillsborough County.

Florida Statute 870.05 gives police officers the right to kill anyone who refuses to disburse from an assembly. Moreover, no such officers may be convicted under law if they kill anyone who fails to disburse from an assembly.

House parties outlawed. Florida Statute 856.015 makes it illegal for open house parties to take place if alcoholic beverages are served. There is an exception for religious services even if alcohol is served.

Loitering is now a crime under Florida Statute 856.021. It is illegal for any person to loiter "at any time or in a manner not usual for law abiding individuals..." Anyone who loiters in a manner that is not usual for law abiding individuals shall be guilty of a misdemeanor.

Under Florida Statute 856.04, any man who shall willfully withhold support for his wife or children is guilty of a felony of the third degree. However, if a man has grounds for divorce, he can withhold support for his wife only.

9. WHY ARE STUDENTS DOING SO BADLY IN FLORIDA SCHOOLS?

Answer: Their teachers can't even pass a tenth grade math test! It's true, the CLAST teacher test is given to all Florida teachers. This test is based on what children in the tenth grade should know. According to Frank Brogen the Education Commissioner, only 51% of teachers can pass a tenth grade skill test on their first attempt. Maybe it's time that Florida students be given vouchers so that they can choose where they want to go to school.

10. SKIN CANCER: THANK THE FLORIDA STATE GOVERNMENT

Be prepared to get skin cancer a little sooner. The Environmental Regulation Commission has lifted a ban on leaking air conditioner systems. Under the new law, repair shops now are allowed to put freon into cars even though the freon leaks right into the air! Many believe that Florida's increasing skin cancer rates are caused by leaking car air conditioners.

11. WHY WILL SOCIAL SECURITY BE BROKE WHEN YOU RETIRE?

Answer: Because all of the trust money is being spent and not saved! It's true. Since 1983, the U.S. government has been accumulating extra money to pay for babyboomers' retirement. According to William Raspberry of the Washington Post, by the year 2010 the savings account is supposed to have 2.3 trillion dollars in it (that's $2,300,000,000,000). Unfortunately, none of the money is being saved for future retirees. Instead, the government is using it for current operating expenses. Therefore, don't count on any retirement money from the U.S. federal government when you retire.

12. HOW CAN YOU GET SOME OF YOUR RETIREMENT MONEY NOW FROM THE FEDERAL GOVERNMENT WHILE THERE STILL IS MONEY IN THE ACCOUNT?

Answer: Claim that you are an alcoholic. It's true. Over 200,000 people have claimed that they are alcoholics and drug addicts and are receiving $844.00 a month each! This money is being taken out of your retirement fund, reducing the amount available to people who work for a living.