Jupiter Legal Advocates

I LIVE IN JUPITER – WHEN WILL MY DIVORCE BE OVER?

admin — Wed, 25 Jul 2012 15:01:54 +0000

THERE ARE THOSE DIVORCES THAT NEVER SEEM TO END AND GO ON FOREVER

We have had many cases where it seems that the divorce will never be over. Some of people end up in litigation with their former spouse for the length of time that their children are minors.

When we handle very difficult divorces, especially those involving custody issues, and instead of settling the matter themselves, a court must enter a ruling after a trial, it seems that the litigation is NEVER OVER. While thse cases are money makers for the lawyers, we cannot imagine the grief and anxiety suffered by the clients. These type of cases usually involve both people arguing over everything. In some cases there is one person who wishes for peace, and the other who is constantly looking for a fight. These high conflict people fight you over haircuts, pick up times, extracurricular activities, holidays, exchange of uniforms, discipline measures, school photos, and every other day to day activity that is involved with being a parent. It seems as if there are some people that will stop at nothing to make their ex-spouses life miserable.

These are the type of people who end up with adult children who choose not to invite either parent to their Thanksgiving tables because its not worth the hassle of choosing between the two parents or the risk of a fight if they invite both.

When we see new clients we try our best to explain to them what to expect and what is fair. Some clients listen to us. Others want to have a fight no matter the outcome. We try our best to set goals for our clients that are obtainable and reasonable. We hope that our divorce clients realize that they will have to work with the other parent for many years, and that when their children become adults, there will be graduations, weddings, births, etc. and they will have to be, at the very least, able to speak with their former spouse in a civil manner.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

JUPITER LEGAL ADVOCATES

561 748-8000 or email us at:

info@jupiterlegaladvocates.com

NEW FLORIDA PIP BENEFITS ANALYZED

admin — Wed, 25 Jul 2012 14:31:51 +0000

READ THIS for a quick ANALYSIS of the NEW FLORIDA PIP LAW ADOPTED IN 2012

At the very end of this years legislative session, Florida’s legislature voted to pass a rework of the the PIP laws. PIP stands for Personal Injury Protection and it applies to every automobile registered in the state. It is also referred to NO FAULT INSURANCE. Each of us must have PIP to register our vehicles and drive them – so – we must pay for PIP in at least the base limits. Prior to the new law the base policy provided up to $10,000 for medical expenses as the result of injuries sustained in an auto accident – regardless of who caused the accident. An injured person could be seen by his own doctor, whether that doctor was a chiropractor, a medical doctor or the emergency room. Payment up to the $10,000 limit were paid at the rate of 80%, so $10,000 would be paid for $12,500 worth of services.

USE IT OR LOSS IT! – Under the new law, the accident victim must obtain medical treatment within 14 days of the accident or there is no PIP coverage AT ALL! The medical treatment MUST be provided by a hospital, emergency facility, MD, DO, DC or DDS.

$2500.00 LIMITATION – Under the revised law, there is a LIMIT of $2500 payable in medical benefits unless there is an “EMERGENCY CONDITION.” This means that unless you have a condition of such severity that your failure to treat would result in serious jeopardy to your health, you are not eligible for payments in excess of the initial $2500. A Chiropractor cannot make this determination.

LIMITATION ON TREATMENT – PIP can only pay in excess of the initial $2500 for injuries which are “CONSISTENT” with the injuries diagnosed during initial treatment. So if you are misdiagnosed, you are out of luck.

NO MASSAGE/ACUPUNCTURE – PIP will not pay for these treatments at all.

60 DAYS EXTRA TO PAY – The insurers can now wait an extra sixty days before payment if they believe that the request for payment is fraudulent.

Unfortunately for Florida drivers, we are all going to continue to pay full rate for these reductions in coverage. Our Governor alleged that these changes were necessary to combat fraud, but in reality this is an incredible win for the Insurance Lobby. Less benefits for the same money – and it is MANDATORY! Good job Governor Scott!

The above is only a portion of the changes made. A full copy of the new law is available online.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

JUPITER LEGAL ADVOCATES

561 748-8000 or email us at:

info@jupiterlegaladvocates.com

Attorney

Thomas J. Ali

JUPITER DIVORCE LAWYER ADVICE ON HOW TO HANDLE DEBTS IN DIVORCE

admin — Mon, 18 Jun 2012 16:21:18 +0000

If you are thinking about a Divorce and have financial questions – this is good advice from your local JUPITER DIVORCE LAWYER

If you do not obtain the advice of an experienced lawyer, youre divorce can break you financially if handled incorrectly. Most people in a divorce are far more interested in the property side of the divorce and often overlook the debt side. Divorce settlement proceedings often break down when it comes to dividing up the debt in a fair and equitable manner. It is critical that you have a clear understanding of what you owe individually and jointly when you start the divorce process. How you handle your debts during your divorce can make a big impact on your credit long after the divorce is over.

The first step you should take to protect your credit and to understand what you owe is to pull your credit report from the credit reporting agencies. You have the ability to pull one free credit report per year from each of the three major credit reporting companies. You can obtain the report from the following links: Experian , TransUnion , and Equifax . Take the time to review your credit report. For inactive accounts (zero balances) that are jointly listed, consider closing these accounts to eliminate the risk of creating additional debt that you could be liable for. For accounts that you are listed as the account owner and have your spouse listed as an authorized user, have the spouse removed as an authorized user. You should communicate these actions to your spouse for a number of reasons.

When you are married and you apply for credit together, each of you is agreeing that you are responsible for that debt. While splitting debt in your divorce decree is part of a settlement process, the credit companies are not bound by the divorce decree and still view the debt as jointly owned. For example, if you have 2 credit cards (Visa owed $1,000, MasterCard owed $1,000) that you split during your divorce, you agree to pay off Visa for $1,000 and your spouse agrees to pay off MasterCard for $1,000. Six months after the divorce, you ex-spouse stops paying the MasterCard, you would be liable for the remaining balance. You attorney will probably advise you to have an indemnity clause in your decree if either spouse defaults on joint debt. However, this only gives you the right to go after your ex-spouse for the amount owed (usually through court) which will cost more money. Plus, the indemnity clause is not binding to third parties like the credit card company. It is best to get rid of joint debts prior to the divorce. If you agree to split a jointly owed debt, make sure that the payments are being made in a timely manner or your credit score is going to take a hit. If the payments are not being made, make the payments and keep a record so that you can get these payments back from your ex-spouse through the indemnity clause.

If you have concerns that your former-spouse may be filing for bankruptcy, you will want to structure your property settlement in a lump-sum agreement if possible. Also, if payments are to be made over a period of time, you may want to have those payments classified as child support or alimony. This can help in protecting you from losing the income in the bankruptcy. Additionally, any joint debt should be split into separate debt where feasible. What this means is, if you have joint credit cards, these open joint credit accounts will be listed in the bankruptcy and will have a negative impact on your ability to get credit in the future.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

JUPITER LEGAL ADVOCATES

561 748-8000 or email us at:

info@jupiterlegaladvocates.com

JUPITER FLORIDA DIVORCE LAWYER CAN HELP WITH YOUR CHILD RELOCATION PROBLEMS

admin — Mon, 18 Jun 2012 15:50:10 +0000

IF YOU WANT TO RELOCATE WITH A CHILD AFTER A DIVORCE THERE IS A JUPITER DIVORCE LAWYER WHO CAN HELP ANSWER YOUR QUESTIONS

If you are divorced and you need to relocate with your child, what do you do when there is a restriction in the Final Judgment which limits the distance in which you may move? As DIVORCE ATTORNEYS IN JUPITER FLORIDA this is a question we frequently answer.

Tucker v. Liebknetcht.

In Tucker the parties entered into an agreement which contained a common provision:

Relocation:

If the parent that the child lives with the majority of the time intends to relocate more than 50 miles from the present home, the parent must obtain permission in writing from the non-residential parent or obtain a prior Court Order of Approval.

This is similar to the relocation language used in Florida Statute 61.13001:“Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence.

In many cases we have a situation where a client wanted to move to a location that was within 50 miles measured in a straight line, but required more than 50 miles of driving. It seems to make sense that driving the driving distance should be the measure, however the court did not agree -

The 5th district court stated that, ”the general rule is that distance should be measured along the shortest straight line, on a horizontal plane and not along the course of a highway or along the usual traveled way.” The court quoted another case for support: “To suggest that the distance should be calculated by some circuitous pedestrian route would be a tortuous reading of the statute that would violate its plain intent and meaning.”

The key to this issue is to be very specific in your agreements. If you want to measure by driving distance, specify that way of measuring distance, If there is a relocation petition filed in the future, you won’t have to spend a year or more arguing over how to measure the distance if a parent wants to relocate in Florida.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

JUPITER LEGAL ADVOCATES

561 748-8000 or email us at:

info@jupiterlegaladvocates.com

DO I NEED A PRENUPTIAL AGREEMENT IN JUPITER FLORIDA?

admin — Fri, 15 Jun 2012 16:35:42 +0000

If you live in JUPITER FL and are getting Married – Do you NEED a

PRENUPTIAL AGREEMENT?

There has been a dramatic increase in clients seeking prenuptial agreements during the past five years. Much of the increase in requests and questions have been from women and not men. Many women have substantial concerns regarding pensions and retirement benefits and seek information concernin prenuptial agreements. If you live in JUPITER, FLORIDA you may need a PRENUPTIAL.

“Prenuptial agreements are becoming more generally accepted as an effective way to protect assets. Interestingly, these requests are no longer just limited to a specific gender or age group,” said Marlene Eskind Moses, president of the AAML. “In addition, as our society sees more people marry or remarry in their later years, there is an increasing emphasis on protecting pensions and retirement benefits if the marriage does not work out.”

Prenuptial agreements generally set forth agreements in three major areas of concern. The first is “what is to become of my current assets?” The second is “What happens to my savings and investments from my personal earnings during the marriage? And finally, what will happen to my assets when I die if I am still married? These are all valid concerns and should be discussed with legal counsel well before tying the knot.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

JUPITER LEGAL ADVOCATES

561 748-8000 or email us at:

info@jupiterlegaladvocates.com

GET YOUR ALIMONY USING A JUPITER DIVORCE LAWYER NOW!

admin — Fri, 15 Jun 2012 16:08:21 +0000

HOW SHOULD I GET MY ALIMONY PAID TO ME? (Attorneys in Jupiter, Fl)

A a good portion of our divorce practice involves the modification of existing child support and alimony awards. A lot of our clients come to us having lost their jobs, losing homes, taking pay cuts, losing bonuses and other compensation that was previously used to determine a child support or alimony obligations.

Where someone has received a prior alimony award and relies on those monthly payments to meet their basic living expenses, this can be a disaster. Regardless of whether or not an alimony award is non-modifiable, if the person responsible for making alimony payments loses a job and doesn’t have any assets, your chances of being able to hold someone in contempt for non-payment of alimony and actually collect it – is difficult. In the event your former spouse retires, loses a job or cannot make alimony payments, you may very well receive a vastly reduced alimony payment or nothing at all.

We tend to advise our clients who are entitled to any form of alimony to consider the idea of “lump sum” upfront payments so that they can avoid the issue of an alimony award being terminated or reduced in the future based upon some changed situation. If there are liquid assets available during the initial divorce proceeding you should see how much of those assets can have distributed to you in a settlement in exchange for a waiver of or reduced alimony payment. You never know what the future holds and if there is any way to “get your money up front” you should do it even if that means lowering your monthly alimony payments. If you play it smart with your lump sum payment and hire a qualified financial planner, it may be a better for you in the long run.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

JUPITER LEGAL ADVOCATES

561 748-8000 or email us at:

info@jupiterlegaladvocates.com

Alexander "Alex" Kranz, Esq.

BANKRUPTCY EXEMPTIONS IN FLORIDA

admin — Fri, 01 Jun 2012 17:29:27 +0000

The past few years have been very difficult for many Americans. Many are still considering Bankruptcy protection from their creditors

Many people file for bankruptcy within one year of the following life events:

DIVORCE

CATASTROPHIC ILLNESS

EXTENDED JOB OR PAY LOSS

UPSIDE DOWN ON HOME MORTGAGE OR FACING FORECLOSURE

Chapter 7 is the way to go for virtually every one as a qualified bankruptcy attorney we can get rid of medical debt, pesky collection agencies, etc. Many times you will be able to save your home or car, as well as certain other possessions. Many of these possessions are based on exemptions which are permitted by both Federal and State law.

Like all states, Florida has its own set of exemptions that you may use when filing for Chapter 7 or Chapter 13 bankruptcy. Exemptionsdetermine what property (such as a home, car, instrument, retirement account, etc.) you may keep in a Chapter 7 bankruptcy, and how much you must pay to certain creditors in Chapter 13 bankruptcy. Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions –but Florida is not one of them. In Florida, you must use the state exemptions below. In addition to this list, you may also use any applicable amounts in the federal non-bankruptcy exemptions.
Unless noted otherwise, if a couple is married and filing jointly in Florida, each spouse may claim the full amount of each exemption. This is informally called “doubling.”

Florida Bankruptcy Exemptions:

1. Homestead. 222.01, .02, .03, .05; Fla. Const. 10-4 – Real or personal property, including mobile or modular home and condominium, to unlimited value. Property cannot exceed: 1/2 acre in a municipality, or 160 acres elsewhere. Spouse or child of deceased owner may claim exemption. May file homestead declaration. Also, tenancies by the entireties in real property are exempt as to debts of one spouse.
To learn more about Florida’s generous homestead exemption, check out Florida Bankruptcy & the Homestead Exemption.

2. Personal Property. 222.22 – Prepaid hurricane savings accounts, prepaid medical savings account deposits, and prepaid college education trust deposits.
222.25 – Motor vehicle up to $1,000; prescribed health aids; federal income tax credits or refunds.

3. Pre-need funeral contract deposits. 497.56(8) -

4. Any personal property up to $1,000 total, or up to $4,000 if no homestead claimed. This may be combined with the $1,000 personal exemption providing a total of a $5,000 exemption. This might mean the difference in keeping a tax refund, a paid off car, a savings account, etc. Fla. Const. 10-4

5. Wages. 222.11 – For head of family, 100% of earnings up to $750 a week; applies to either unpaid or paid wages, or wages deposited in a bank account for up to 6 months.

6. Federal government employees’ pension payments 222.21 - that are needed for support and were received up to 3 months prior to the bankruptcy.

7. Pensions. 11 U.S.C. § 522 – Tax exempt retirement accounts (including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans).

8. 11 U.S.C. § 522(b)(3)(C)(n) – IRAS and Roth IRAs to $1,171,650.

Also note that if the Debtor is NOT claiming the homestead exemption, current case law allows the Debtor to increase the personal exemption from $1,000.00 to $5,0000.00, inclusive of the vehicle exemption. That can make all the difference between a Debtor keeping their paid-off vehicle and having to give it in to the Creditors.

CALL (561) 242-1991

More Information

CONTACT ATTORNEY KRANZ

561 242-1999

Alexander "Alex" Kranz, Esq.

SOCIAL SECURITY DISABILITY – THE APPLICATION PROCESS

admin — Tue, 29 May 2012 15:24:02 +0000

Reworking the application process for Social Security Disability is needed!

In 2009, the allowance rate for Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) at the application level was approximately 25%. In that same year, the approval rates for medical decisions at the reconsideration level was at a miniscule 6%. In other words, the overwhelming majority of claimants suffering from different debilitating conditions are denied disability benefits. Regardless of whether you are suffering from advanced forms of cancer, heart problems, or mental illness, these numbers apply to everyone who wishes to get their benefits.

Recently the USA Today wrote that many claimants who are approved for disability benefits are undeserving. While there are extremes in any system, especially a government bureaucracy, the same can be said for those deserving applicants that are routinely denied. Many well deserving applicants are denied benefits. We have seen Applicants from cancer and severe asthma, while receiving chemotherapy and with a number of hospitalizations receive a denial of benefits because none of the applicant’s illnesses specifically meets any of the Social Security Administration’s regulations.

The application process needs to be modified. Too many deserving applicants are forced to go through a lengthy and frustrating process just to have a chance at getting their benefits. Most either give up or are incapable of making it through the process. Change needs to be made. Your absolute best chance of obtaining the benefits the law allows you is to hire an aggressive lawyer who is well versed in the Social Security system.

Mr. Kranz is a local attorney with a real commitment to our neighborhood. If you can’t make it into our office for a consult, Mr. Kranz will gladly meet with you at your home. When you hire our office, you get our office! We do not send “others” to cover for us. Alexand “Alex” Kranz will handle your case from start to finish … and he has the experience and commitment to get the work done!

CALL (561) 242-1991

More Information

CONTACT ATTORNEY KRANZ

561 242-1999

Alexander "Alex" Kranz, Esq.

SOCIAL SECURITY DISABILITY LAW

admin — Tue, 29 May 2012 14:13:57 +0000

Social Security Disability Law

If you think you may be entitled to Social Security Disability payments – Contact Alex Kranz NOW….

Alexander “Alex” Kranz is one of the very best attorneys handling Social Security matters within Palm Beach County. He has been practicing in the area of Social Security Disability Law for over twenty years. Note that legal fees for representation in Social Security Disability matters are on a “contengency fee basis” meaning that Mr. Kranz is paid only if he wins your case. Fees must be approved by the Social Security Administration.

There are five main areas that are reviewed by the Social Security Administration in determining if an applicant’s illness is severe enough to qualify for disability, as follows:

Is the claimant working now?

Does the claimant have a severe impairment?

Does the claimant meet or equal a listing?

Can the claimant do her past relevant work?

Is there any work in the national economy that the claimant can do?

CALL (561) 242-1991

More Information

CONTACT ATTORNEY KRANZ

561 242-1999