FISHER'S LAW OFFICE NEWSLETTERS

Newsletter
May 1999
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. 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.