Newsletter
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May 1999
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Fisher's Law Office
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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. GETTING DIVORCED?
HERE'S HOW FLORIDA LAW SAYS THE COURT MUST DIVIDE YOUR PROPERTY
The court first
sets aside each person's "non-marital assets". (See Florida Statutes
Chapter 61.075).
The court then
divides all other property of the marriage equally unless there is
a reason for unequal distribution.
In making an unequal
distribution, the court considers the following:
The length of
the marriage.
The economic
circumstance of the parties.
The contribution
to the marriage by each person.
Other factors.
Under Florida
law, the court will make unequal distribution of assets that remain
if one of the parties wasted or destroyed marital assets within the
last two years.
2. ALIMONY ENDS
AT DEATH: PROPERTY TRANSFERS ARE FOREVER
In general, alimony
awards end at death. Court Orders distributing property between parties
do not end at death or remarriage. Also, alimony is generally taxable
to the spouse receiving the alimony but property distributions between
parties are not taxable.
3. IN A CONTESTED
DIVORCE, FLORIDA STATUTE 61.075 REQUIRES THAT THE COURT MAKE WRITTEN
FINDINGS OF THE FOLLOWING:
A clear identification
of non-marital assets.
An identification
of marital assets and their value and who should receive them.
An identification
of marital debts and which spouse should be responsible for the liabilities.
4. DIVORCE JUDGMENTS
ARE LIKE DEEDS TO PROPERTY
If a judge, in a
divorce action, awards property to one party, the judgment itself acts
as a "deed" conveying the property to that party. (See Florida Statutes
Chapter 61.075(4)). If you receive property in a divorce judgment, you
should make sure that the property you receive is sufficiently described
so it is clear what property you have received. Hint: Always get title
insurance on any real property you are awarded in a dissolution of marriage
judgment!
5. HAVE YOU BEEN
INJURED IN AN AUTOMOBILE ACCIDENT IN FLORIDA?
Be aware of the
following rules:
An insurance company
has thirty days under Florida Statute 627.736 to pay medical bills.
You should make a written demand that your insurance company pay your
medical bills and see a lawyer if they refuse to pay within thirty
days.
Under Florida
law, you cannot sue the driver who hurt you as a result of an auto
accident unless you have suffered a "significant and permanent" injury.
(See Florida Statutes Chapter 627.737(2)).
Most lawyers will
represent an injured party in an automobile case in exchange for a
percentage of the amount recovered. The Florida bar strictly limits
the amount a lawyer can charge.
If a defendant
fails to satisfy and pay a judgment arising out of an automobile crash
within thirty days, his driving privileges can be suspended! (See
Florida Statutes Chapter 324.111).
Under Florida
law, you only have four years from the date of your accident to file
suit. Note: If you think you've been permanently injured as a result
of the negligence by another in an automobile crash, see an attorney
right away.
6. WARNING ABOUT
CAR SEATS
The University of
Florida in Gainesviof Florida engineering researcher, Morya Willis,
found that less than 3% of car seats were correctly installed. If you
love your children, use great care in installing your children's car
seats.
Another traffic
warning: According to USAA, an insurance company, traffic death rates
at night are three times higher than in the day. Be careful driving
at night as this is the most dangerous time to be behind the wheel because
of restricted visibility.
7. YOUR FEDERAL
GOVERNMENT AT WORK:
It is a fact that
millions and millions of custodial parents in Florida do not receive
any child support even though the non-custodial parent was ordered to
pay by a court. How many parents in the Tampa area were prosecuted for
failure to pay child support by the federal government?
Answer: Seven. Also,
tens of thousands of Floridians are carjacked each year. Total number
of prosecutions in Tampa under the Federal Anti-Car Theft Act? Answer:
Two in 1997. Source: Tampa Tribune
8. WEIRD LAW YOU'VE
NEVER HEARD OF
* Under the Federal
Enterprise Protection Act, it is a federal offense to travel to another
State to disrupt a zoo or a circus.
9. HERE ARE SOME
INTERESTING FINANCIAL STATISTICS ABOUT AMERICA
Americans own
10.7 trillion dollars ($10,700,000,000,000.00) worth of stocks, bonds
and mutual funds. Over 25% of U.S. household wealth is tied up in
financial assets such as stocks and bonds. This is up from only 8%
in 1982.
Consumer debt
hit an all time high in 1998. Consumer debt now equals 96% of total
household income.
The total number
of U.S. Dollars in circulation in the entire world is billion dollars
($600,000,000,000.00).
The money supply
has increased at a rate of approximately 13% per year over the last
year but inflation is still around 1%.
10. ARE YOU CONSIDERING
RENTING OUT YOUR HOME?
Follow the following
checklist before you allow someone into your home.
Check on zoning
laws to make sure that your house can be leased out.
Prepare a written
lease and have a lawyer review it.
Run a credit check
on any perspective tenants and get references. Make sure you call
the references. Read the credit report closely.
Budget for repairs
for the rental house and agree with the tenant in writing to allow
periodic inspections for the purpose of finding out what's broken
in the house so you can repair it.
Always take pictures
of the inside of your house before you rent your house to document
the condition at the time the tenant took possession.
If your home was
built before 1978, you need to warn the tenants in writing that there
could be a lead hazard in the home.
Make sure you
have smoke detectors in your rental house. Check the detectors once
a month. Keep a log of your checks and when you replaced the batteries.
Make sure that you have insurance on the house that you are renting
out.
11. INTERESTING
STATISTICS
The total number
of shark attacks in Florida in 1998 in Florida was 18. One person
died from a shark attack in 1998 in Florida.
48% of people
over age 65 in West Virginia have lost all of their teeth. In Florida,
22% of people over age 65 reported having lost all of their teeth.
12. HERE ARE SOME
EASY WAYS TO REDUCE CREDIT CARD DEBT
Stop charging
now.
Pay more than
the minimum payment.
Pay off high interest
cards first. (It takes 37 years to pay a $6,000.00 credit card balance
at 17% if you are making only minimum payments).
Do not take out
a mortgage on your house to pay off credit cards.
Do not sell your
retirement savings or 401K balances to pay off debts.
Be cautious about
rotating balances to new credit cards. Every time you do this, your
credit score is adversely affected with credit bureaus.
If all else fails,
consider bankruptcy.
13. WHAT IS THE
RULE ON ATTORNEYS' FEES IN FLORIDA?
Florida follows
the so-called "American Rule" in which each party pays their own attorneys'
fees unless a special statute or a contract provision provides that
the prevailing party pays attorneys' fees.
FISHER'S LAW OFFICE
FEES
Simple Will
- $150.00
Durable Family
Power of Attorney: $50.00
Living Will:
$50.00
Health Care
Surrogate: $50.00
Normal hourly
rate: $175.00
Normal retainer
for contested divorce (with children): $2,500.00
Normal retainer
for uncontested divorce: $1,500.00
Demand letters-simple:
$100.00
Consultation:
$50.00
Important Notice:
All prices subject to change without further notice.
14. IF A HOME SOLICITOR
COMES TO YOUR HOUSE, ASK HIM FOR HIS LICENSE!
Under Florida Statute
501.022, all home solicitors should have a home solicitation sale permit.
If they don't have such a permit, send them away because they are "illegal".
15. ADVICE FOR WEALTH
BUILDING
Thomas Stanley and
William Danko, the authors of "The Millionaire Next Door" give the following
advice for building wealth: be frugal. On page 37 of their famous book,
the authors ask "Is your wife frugal?"
If the answer is
yes, the authors conclude that you are more likely than not to save
up a million dollars during your lifetime. Ninety-five percent of millionaire
households, according to the authors, are composed of married couples.
The authors believe that even people with modest incomes can accumulate
substantial wealth if they are cheap and save. Most millionaires save
at least 15% of their gross income according to the book.
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