James Werter, LLC Attorney at Law

Relocating or moving with a minor child.

2012-02-21T10:20:00.000-08:00

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

How to stop harassing creditors.

2012-02-14T07:52:00.001-08:00

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)

Change of Job and Child Support or Alimony Support.

2012-02-10T08:25:00.000-08:00

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.

When is the right time for a bankruptcy filing ?

2012-02-07T12:11:00.000-08:00

Some people come to my office with a few thousand dollars of unsecured or credit card debt and they do have some income.

Before contemplating bankruptcy, ask yourself:

1. Is there a way of consolidating your debt to lower your overall monthly payments?

2. Will a bankruptcy discharge of debt allow you to move forward without re-accumulating new debt?

3. Can family help ?

You are only allowed one Chapter 7 bankruptcy every 8 years. You must get the best bang for the buck if and when you do file. If it is a few thousand dollars, try and find a way past it.

James S. Werter, LLC, has been serving Florida since 1990. Call 904.827.0446, if you live anywhere in the St. Augustine, Ponte Vedra Beach, Palm Coast, Jacksonville or Palatka areas, for a free consultation regarding debt relief and bankruptcy.

Alimony, Child Support and the Self Employed

2012-01-11T05:51:00.000-08:00

Recently, I had a case where the payee former spouse was to recieve 5% of the paying former spouse's gross income from his business. She was trying to claim 5% of all sales proceeds without considering the business expenses first.

A spouse or former spouse's gross income is the gross proceeds minus the reasonable and normal expenses it takes to obtain that adjusted gross income.

It really doesn't look good to the judge when one side makes attempts at overreaching.

See "Florida Divorce: A Client's Guide", a free downloadable PDF book at my website.

Free Book on Florida Divorce

2012-01-05T10:07:00.000-08:00

My new book, "Florida Divorce: A Client's Guide", is now available as a free PDF download.

You can click above or go to my website.

It is for the person considering divorce or already going thru one. It is not a do-it-yourself guide or a lawyer's manual. It is a general book to answer some questions, relieve some stress, and quite possibly, save you some money in attorney's fees.

Deliquent Child Support and Alimony

2011-12-27T08:30:00.000-08:00

Some former spouses think that once the minor child is 18 and child support is no longer due, if there are delinquent or past due payments, those go away. The same is thought about old alimony payments still due and owing. NOT TRUE.

A former spouse who owes you those kind of funds, still owe you those funds and are in violation of court orders relating to child support and or alimony payments. The former spouse payee should pursue a contempt order against the payor and explore his or her ability to pay the back payments due. You may also be able to have your attorney's fees assigned to the offending former spouse.

James S. Werter, Esquire, has been practicing in Florida since 1990 and is well experienced in pursuing deadbeat former spouses. If you live in St. Augustine, Ponte Vedra Beach, Jacksonville Beach, Flagler County (Palm Coast, Bunnell) or Palatka, call the Law Office of James S. Werter, LLC, at (904) 827-0446.

Bankruptcy After Christmas

2011-12-20T10:04:00.000-08:00

Some people may think it is a windfall to declare bankruptcy after Christmas. But beware, there is a 90 day period where the trustee of the bankruptcy court will examine your case for fraudulent transfers and the creditor banks are looking for unusual credit card use. The creditor or bank can file an objection to your debt being discharged on the basis of fraud. Do you really want to bring attention from the federal court system upon yourself ?

Shop wisely this Christmas season. There is truth to the saying, "It's the thought that counts."

Bankruptcy Attorney Cost

2011-12-12T18:04:00.000-08:00

Though one can try and file a bankruptcy on his or her own, it may not be the best way to get the most benefits out of a Chapter 7 bankruptcy. And since you can only file once every 8 years, you need to know if the time is right and and that you will get the most out of it.

The cost of a Chapter 7 bankruptcy varies from lawyer to lawyer and for each individual situation. For the average consumer Chapter 7 bankruptcy, you may expect to pay from $750 to $3000, depending on many factors, not including filing fees and costs. There may be occassions that the fee is higher.

Some attorneys offer a free consultation regarding debt relief. Contact James S. Werter, LLC, for a free bankruptcy consultation. Covering Jacksonville, Ponte Vedra Beach, St. Augustine, Palm Coast, Palatka,

Child Support Histories and Arrearage

2011-12-05T16:07:00.000-08:00

These days, all child support payments are supposed to go through the Florida Disbursement Office in Tallassee. It is an attempt to keep accurate records. Sometimes, the records are not accurate and can be off by thousands of dollars. If you pay child support thru Tallahassee and are behind, you are entitled to know an accurate number. If you feel that what the Department of Revenue or your ex-spouse parent are saying you owe and your good faith accounting is telling you are different, you should get an attorney to represent you and get a comprehensive audit.

If you have problems with child support or alimony, as a payor or payee, contact James S. Werter, LLC, representing from Daytona Beach to Jacksonville.

Garnishments of Wages in Florida

2011-12-01T06:00:00.000-08:00

If you have a judgment against you in Florida, whether the creditor can garnish your wages or income becomes a question. If you are head of household or your income is of a certain type, such as Social Security disability, it may be exempt from garnishments.

JAMES S. WERTER, ATTORNEY AT LAW routinely practices in the area of bankruptcy and debt relief in the Ponte Vedra, Jacksonville Beach, St. Augustine, Palm Coast and Palatka areas. Contact him at info@werterlaw.com, or call 904.827.0446 or see his website at www.werterlaw.com for further discussion.

Foreclosures and Bankruptcy

2011-11-30T12:06:00.000-08:00

If your home is being foreclosed on, you are at risk of owing your mortgage company money aside from them getting back the house. When they resell your house and it does not cover the full amount of your loan, you are still on the hook for the balance owed.

A Chapter 7 Bankruptcy discharges that debt. It does not discharge the whole debt so you get a free house.

If things are better for you and you want to keep your house but can't pay the mortgage company the lump sum they want, a Chapter 13 Bankruptcy proceeding may help you play catchup with what is owed in back payments.

Consult James S. Werter, LLC, regarding the possibilities and remedies available for you.

Florida Child Support and Alimony Modifications

2011-11-28T10:21:00.000-08:00

In this downward economy, a former spouse who is obligated to pay child support and or alimony, may suffer a decrease of income or loss of a job through no fault of his or her own. As a result, he or she may not be able to make the payments of support that was previously ordered in his or her divorce case.

Under Florida Statute 61.30(b), there must be a 15% or $50 (whichever is geater) change in the amount of the child support obligation presently set and the amount that would be due under the guidelines in the new situation.

The same can be applied if you need an increase in child support because the paying former spouse is making more money.

Alimony payments do not have a set chart for calculations. It is the judge's opinions after consideration of the evidence of change, need of the recieving former spouse and the ability to pay by the paying former spouse.

If you live in the Jacksonville, Ponte Vedra, St. Augustine, or Palm Coast areas, and need to modify your support order, contact James S. Werter,LLC .

Florida Domestic Violence Injunctions

2011-11-22T08:29:00.000-08:00

Unfortunately, domestic violence usually arises during times of high economic stress. Whatever the reason, it should never be tolerated. If you are a victim of violence, call your local police department immediately. If you are in fear of future violence, seek an injunction for protection under Florida Statute 741 .

If you are in fear of immediate violence, the court issues an emergency injunction keeping the offender away from you. The offender doesn't even know it is coming until he/she is served .

The law office of James S. Werter, LLC, has handled domestic violence situations since 1990. Located in St. Augustine, covering Jacksonville, St. Augustine, Palm Coast and Daytona Beach. Call the office for more information or help at 904.827.0446. Domestic violence should never be tolerated.

Child Support

2011-11-20T15:20:00.000-08:00

In Florida, child support is the responsibility of both parents. How it is calculated is by the use and definition of each parent's income and the application of a formula, child support guidelines worksheet and a chart as outlined in Florida Statute 61.30. The parent who has the child(ren) the majority of time will normally recieve payment from the other parent to supplement the amount of child support required to raise that child or certain number of children.

Calculating the amount of child support required is no easy task unless you are an accountant. Even then, the laws governing child support are further defined by earlier cases. An experienced family law attorney understands these issues.

If you live in the Jacksonville, Ponte Vedra Beach, St. Augustine, Palm Coast or Daytona Beach area, contact James S. Werter, LLC by clicking here.

Bankruptcy Protection

2011-11-16T06:19:00.000-08:00

One of the reasons for filing a bankruptcy proceeding in the U.S. bankruptcy Court, is to be protected from the creditors who constantly call and harass you. When you file your bankruptcy, a notice goes to all interested parties that you list, such as your credit card companies and mortgage companies. This notice has in it an "automatic stay" order which tells all these parties to leave you alone or they would be in contempt of court.

Any creditor, such as a mortgage company, then has to file a motion for relief from automatic stay in order to proceed against you. Basically, asking permission of the bankruptcy court to proceed in an action against you in state court. Usually, mortgage banks and car loan companies are the ones who want this so they can foreclose or repossess.

If you have a problem with excessive debt, call or contact James S. Werter, LLC. A practicing bankruptcy attorney in the Jacksonville, Ponte Vedra Beach, Palm Valley, St. Augustine, Palm Coast, Palatka, Daytona Beach areas. Serving North Florida since 1990.

Temporary Alimony and Child Support

2011-11-16T06:03:00.000-08:00

What most people don't know is that a spouse in need of immediate support and help when first starting a divorce action in Florida, can have their lawyer ask the judge for temporary alimony based on the spouse's need and the other's ability to pay. It does not matter how long the marriage was at the time of filing for divorce. The purpose is to maintain the status quo of the marriage.

Though the issue of child support is different from alimony, the ability to get immediate help from the court is the same. Judges are even more sensitive to the best interests of the minor child(ren).

If you live in the Jacksonville, St. Augustine, Palm Coast or Daytona Beach area, contact James S. Werter, LLC by clicking here or calling 904.827.0446.

Drug and Alcohol Abuse and Family Help

2011-11-14T06:55:00.000-08:00

Recently, I represented a family in Ponte Vedra Beach regarding getting their adult daughter help with drug addiction. This case has been featured on The Dr. Phil Show over the past 7 years. What most people don't know is that even if the person at risk is an adult, a family can attempt to force them into treatment for drug abuse or alcohol abuse through the court system. The procedure is called the Marchman Act ( Florida Statute 397).

If the drug addict or alcoholic is an immediate risk to himself or herself, and it can be shown to the judge, the judge can order that person to be evaluated and even possibly, ordered to in-residence treatment. However, it is a high level of proof which is required.

James S. Werter, Attorney at Law, has handled many of these types of cases as well as other family law issues, such as divorce and custody issues. If you live in the Jacksonville, Ponte Vedra Beach, Palm Coast or Palatka areas, contact him at 904.827.0446, for a consultation or click here.

Bankruptcy and Student Loans

2011-11-12T09:00:00.000-08:00

Student loans may or may not be dischargeable by Chapter 7 bankruptcy. The question that has to be asked is whether or not the loan is government backed or not. If it is, it is not dischargeable. If it is a private, unsecured debt, it is. A debtor can ask the bankruptcy judge to have a government student loan discharged but as history would show, judges are very reluctant to do it. One recourse is to ask the loan agency for a deferring or temporary decrease of the monthly payments.

If you are in need for further counseling as to your debt and you live in the Jacksonville, St. Augustine, Palm Coast, Ponte Vedra Beach, Palatka areas, call James S. Werter, LLC at 904.827.0446, or see www.werterlaw.com .

Chapter 7 Bankruptcy: Filing from St. Augustine, Palm Coast or Ponte Vedra.

2011-11-10T10:05:00.000-08:00

If you are interested in filing a Chapter 7 bankruptcy in the North Florida area, such as Ponte Vedra, Jacksonville, St. Augustine, Palm Coast or even Palatka, your case will be handled in the U.S. Bankruptcy Court in Jacksonville.

Chapter 7 bankruptcy is the type that wipes clean most of your unsecured debt like credit cards or personal bank loans, medical bills, other past due accounts. You can also return secured properties like automobiles or houses back to the lender without further recourse by them against you for money.

JAMES S. WERTER, ATTORNEY AT LAW routinely practices in the area of bankruptcy and debt relief in the Ponte Vedra, Jacksonville Beach, St. Augustine, Palm Coast and Palatka areas. Contact him at info@werterlaw.com, or call 904.827.0446 or see his website at www.werterlaw.com for further discussion.

New Laws in Florida Divorce Child Custody and Alimony.

2011-11-10T09:11:00.000-08:00

Over the past couple of years, new laws governing child visitation (now called "time share") and alimony, have been put in place. Basically, the law is written to try and better provide for both parents to be involved with their children after divorce.

New rules in alimony are an attempt to give judges better guidelines when it is at issue in a Florida divorce. There are 3 basic types of support applicable short term(under 7 years), intermiediate term (under 17 years) and long term (over 17 years) marriages. Short term alimony is for two years only and not modifiable. Long term marriages are where permanent alimony may be available.

There are numerous issues regarding alimony and child support. You want an attorney who is familiar with those issues. Contact James S. Werter, LLC, in you are in the Jacksonville, Ponte Vedra Beaches area, St. Augustine or Palm Coast, if you are considering or undergoing a divorce. See my background at www.werterlaw.com .

St. Augustine Bankruptcy Attorney

2011-11-02T05:53:00.000-07:00

I would like to take this occassion to introduce my new blog page regarding bankruptcy. I do not charge for consultations. You are invited to visit my website at www.werterlaw.com . I have been in practice since 1990. I hope I can be of service to all of you in the Jacksonville, Ponte Vedra Beach, St. Augustine, Palatka, and Palm Coast areas.