Posts Tagged ‘Florida’

Jury Verdict for Defendants in Mortgage Foreclosure Case part II

Friday, September 23rd, 2011

As I reported earlier this year, the mortgage foreclosure case of J.P. Morgan Chase Bank v. Joan Eakins, et al. Case No 03-CA-004775 Div A, Hillsborough County, Florida, finally went to trial.  This was my oldest case and had been pending for 8 years.  At the conclusion of the trial, both the judge and the jury found for my clients, the Eakins.  After a couple post-trial motions the parties settled the case and the bank filed a satisfaction of mortgage and paid my clients’ attorney fees and costs.  My clients now own their home free and clear of any mortgage.

 

 

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Florida’s Homestead Protections & Divorce

Saturday, July 30th, 2011

The Florida Constitution provides its citizens one of the strongest homestead property protections in the entire United States.  Relevant to dissolution of marriage, it means that a married person may not transfer their homestead property without the consent of the spouse.  Article X § 4 (c) of the Constitution provides that “the  owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse.”

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Child Support

Saturday, April 16th, 2011

The right to receive child support may not be waived by the parents, and both parents share an equal duty to support their children in proportion to their ability to pay.  Minimum payments are calculated in accordance with statutory guidelines.  However, the court may order less than the minimum award if extraordinary medical or educational expenses exist, there is seasonal variation in income, the child’s age warrants deviation, or there is an IRS dependency exception.

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Alimony Determination

Friday, March 25th, 2011

Alimony in Florida is one of the more unpredictable areas of family law.  Unlike child support, there is not a guarantee of alimony, nor a set amount even if alimony is granted by the court.  Once a court determines that an award of alimony is appropriate in a dissolution of marriage, the court examines the income and assets of the parties, and considers certain factors, including:

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