Military Pensions and Divorce.

In Florida, a military pension, pending or presently being revieved by a spouse or former spouse, is considered marital property if the parties spent any time married while in the armed services. It is only that time that the two were married AND part of the military. In short, the non-military spouse is entitled to one half of that part of the pension attributable to that time spent together. For example; if the two spent ten years together out of 20 in the military, the judge will consider only that ten year period. The judge will issue an Income Deduction Order (IDO) to Defense Finance and Accounting Service (DFAS) to send the recieving spouse his or her share. However, there are many federal rules regarding IDOs or garnishment orders which may interfere with getting full entitlement. Bottom line though, the paying retiree is still obligated to insure payment of the proper amount of the pension to the other whether or not DFAS does or doesn't. If you have a divorce and the military is involved, or a post divorce problem, seek an experienced attorney. James S. Werter, J.D. has been serving North Florida for over 20 years. If you live in Jacksonville, Ponte Vedra, St. Augustine, or Palm Coast, call him at 904.927.0446.

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Child Custody and Criminal History or Domestic Violence

A parent's criminal history is most definitely a factor in fighting for custody. One thing judges definitely don't like is evidence of domestic violence, even if it is not against the minor children. If a parent has a felony criminal history, it can be very prejudicial, especially if the charges are of a violent nature or demonstrate a substance abuse history. HOWEVER, beware of the spouse who makes false allegations. If it is shown in court that the accuser was lying, watch the hammer fall on that person. Lawyers know how to look at these issues and address them in court. If you are undergoing a court dispute regarding custody or are served with an injunction against domestic violenece, don't hesitate. See a lawyer. In St. Johns or Flagler Counties, see James S. Werter, J.D..

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Child Support/Alimony Owed in Florida

If Florida Dept. of Revenue is after you for child/alimony back payments and you think the amounts owed are wrong, DON'T WAIT UNTIL THE FIRST HEARING ! You are entitled to a complete audit of your payment history. The State makes calculation mistakes, A LOT ! Talk to your family law attorney. You may miss crucial evidence for your hearing.

James S. Werter, J.D.
Servicing Jacksonville, Ponte Vedra, St. Augustine and Palm Coast.

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Lydia Cladek Victims and Bankruptcy

The Lydia Cladek case is quite similar to the infamous Bernard L. Madoff case in that this was North Florida's notorious Ponzi case. Ms. Cladek was found guilty on criminal charges and her company was forced into a Chapter 11 bankruptcy.

Like Madoff, the U.S. Trustee's Office is suing clients who withdrew from their Cladek accounts more then what they had invested (net winners). If you are one of these additionally victimized clients, you should seek help to defend against any overreaching by the government.

James S. Werter, LLC
Attorney at Law
St. Augustine, Florida

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Relocating or moving with a minor child.

When you are separated or divorced, moving over 50 miles away from your former spouse with your child has become a complicated legal procedure. You now need permission of the court before moving under Florida Statute 61.13001.
It would be nice if you had written permission from your spouse/former spouse. It makes the procedure a bit easier. If you don't have written consent from your ex, you have to have an evidentiary hearing before the judge.

Temporary orders are possible after an initial hearing with the judge if there is a likelihood of success in the long run.

There are many factors which the judge has to consider in allowing you to take your child further away from his/her other parent. You should consult with an experienced attorney if you are contemplating moving with your child.

James S. Werter, J.D.
Practicing Florida Family Law.
Ponte Vedra Beach, Jacksonville, St. Augustine, Palm Coast

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How to stop harassing creditors.

Creditors have a right to prusue money owed to them. But it is not without rules. The Fair Debt Collection Act outlines the rules which they must follow. It may only take a registered letter to stop the phone calls.

In bankruptcy, an Automatic Stay is the order from the U.S. Bankruptcy Court which tells all creditors to leave a person who has filed bankruptcy, alone. If a creditor continues to try and collect on a debt or file a lawsuit, the creditor may be held in contempt of court.

Call James S. Werter, LLC, for a consultation how this applies to your situation (904.827.0446)

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Change of Job and Child Support or Alimony Support.

If the payor of child support or alimony has a reduction in income because of cutbacks in employment or change or loss of his/her job, that person may be able to modify his/her support obligation.

3 questions need to be answered.
1. Is the income change substantial?
2. Was the change unanticipated at the time of the court support order was issued?
3. Was it an involuntary change of income?

Sometimes, the last question is hard. If you were let go because some bad behavior on your part, like stealing or bad performance, don't count on a support obligation being reduced.

If you were laid off because of the bad economy, then yes, you are a candidate for modification of child support or alimony.

If you live in St. Augustine, Jacksonville, Ponte Vedra, Palm Coast or the North Florida area, and you need to review if you are in need of a child support or alimony modification, contact James S. Werter, LLC at 904.827.0446.

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