Category: Florida Law Blog

Totten Trust in Florida

Totten Trust in Florida

Totten Trust in Florida: What is a Florida Totten Trust?

A Totten Trust in Florida, pursuant to Florida Statute § 655.82, is otherwise known as a “Pay on Death” or POD account. It is often utilized as a mechanism for giving a beneficiary the remaining money in the bank account of the decedent. The decedent is the person that has recently died and whose assets are ready to be distributed (pending any contests from heirs and or creditors). According to F.S. § 655.82(b), a “Beneficiary” means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee. A so-called pay-on-death beneficiary in a Totten Trust in Florida is a beneficiary status created by the terms specific to the trust. This might seem obvious, but the Florida Totten Trust beneficiary must survive the decedent or else the will might control the distribution of the remaining funds in the account. Moreover, if there are several surviving (and designated beneficiaries), statutorily the survivors will inherit “equal and undivided” shares under a Totten Trust in Florida. After the creator of the Totten Trust has died, the intended beneficiary still needs to undergo an additional step. The beneficiary must present the decedent’s death certificate to to the bank where the money is held in trust. Only then will the bank release the funds to the rightful beneficiary. This is a formal requirement and perhaps a technicality, but think about the bank’s position. If they simply give the decedent’s money to anyone claiming to be the intended beneficiary (without adequate proof) or before the creator of the Totten Trust in Florida has died, there could be severe legal implications for all parties involved.

Florida Totten Trust

Florida Totten Trust and Florida Totten Trust Case Law

Florida Totten Trust Case law precedent in Serpa v. North Ridge Bank, 547 So.2d 199 (1989) provides that for a Totten trust to be revoked in a testator’s final will, the will itself should unequivocally demonstrate an intention to revoke trust. Moreover, the court also ruled that the mere mention of a bank account in a will, without specifying that it is a Totten Trust, is insufficient to overturn the Trust despite what those dosputing the will believe to have been (allegedly) the testator’s intention. This is why in Litsey v. First Federal Sav. & Loan Ass’n of Tampa, So.2d 239 (1971), the Court decided that the burden for a litigant seeking to overturn a Totten Trust is extremely high, and oral statements are presumed, on their own, to be insufficient.

More recent, and perhaps less foundational Florida Totten Trust case law, tells us that Florida recognizes a corporation (politics aside folks) as a person, and therefore a corporation may qualify as a lawful beneficiary of a Florida Totten Trust. Belanger v. Salvation Army, C.A.11 (Fla.) 2009, 556 F.3d 1153.

Florida Totten Trust Case Law

Call the Jacobs Law Firm today to find our more. Often, we find that because wills and trusts are so closely related with family law issues, that you may wish to additionally retain us as your civil litigation attorney, or as your family law attorney.

How Does Domestic Violence Affect Child Custody in Florida

How Does Domestic Violence Affect Child Custody in Florida

How Does Domestic Violence Affect Child Custody in Florida?

This question, how does domestic violence affect child custody in Florida, is asked more often than would make most people feel comfortable. Nevertheless, we must recognize the impact of domestic violence on relationships, both marital and parental. Generally speaking, Florida courts default to the position that every minor child should have continual and recurrent communications with both parents. This is otherwise known as shared parental responsibility. The word shared is included because it is easier to raise a child when there is a mutual support system. Whether we think about it from a biological standpoint, a common-sense standpoint, or a philosophical perspective, raising a child with both parents caring and nurturing can have a wide variety of benefits for the minor child. This is why Florida considers shared parenting to be its public policy. How does domestic violence affect child custody in Florida? By allowing the court to intervene when evidence is presented of a potential detriment to the child. This is another reason why we have child custody laws in Florida, as they govern the conduct of people if there is a serious enough situation requiring the court’s awareness and guidance.

Moreover, in all fairness, the court does not presume that any proportion of time sharing (80-20% or 50-50%) is best for the child. The parents have some latitude to solve their own issues by working together at mediation.

Child Custody Law in Florida

Child Custody Law in Florida

Here is where conflict and acrimony between the parties can impact a court’s award of timesharing between the parents. According to child custody law in Florida, the court may, after the presentation of evidence, find that one or both parents being involved in the child’s life would present a detriment to the child.

For example, if one side can present evidence that the other parent has been convicted of a crime, specifically a first-degree misdemeanor or a felony which involved domestic violence, the evidentiary standards shifts and the burden shifts to the guilty party. The convicted party must rebut the presumption that he/she is a detriment to the child’s well-being. If the convicted parent is unable to successfully rebut the presumption, then he/she will not be allowed shared parental responsibility. Consequently, to protect the minor child, the court may decide to grant sole parental responsibility to the non-guilty parent. I hope this has at least partially answered your question of how does domestic violence affect child custody in Florida. This is yet another reason you should contact an attorney to help you argue your case and present evidence to the court.

Attorney Jonathan Jacobs can answer your questions about alimony.

Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony. In fact, we have a page entirely dedicated to discussing and explaining alimony in Florida. This process can be eye-opening! Keep in mind that to establish jurisdiction in a Florida Court for child custody, you must satisfy the Uniform Child Custody Jurisdiction and Enforcement Act.

What about child support health insurance? Divorce mediation? We address those topics as well. Family law is in some ways under the vast umbrella of Florida civil litigation. Civil litigation involves non-criminal lawsuits and can involve a great deal of time and money at issue.

Celebrity Bankruptcies Florida

Celebrity Bankruptcies Florida

Celebrity Bankruptcies Florida: Bankruptcy in Florida

The Bankruptcy of Curtis James Jackson, III: How One Celebrity Chapter 11 Filing Has Reduced the Stigma Associated with Bankruptcy Introduction: A New Brand of Celebrity Bankruptcy is BornOn July 13, 2015, a seemingly routine bankruptcy petition was submitted to the United States Bankruptcy Court for the District of Connecticut, Hartford Division. This petition was made by Curtis James Jackson, III as he filed for Chapter 11 bankruptcy. Most will recognize Jackson by his musician’s name, “50 Cent.” Jackson rose to fame after living a life of squalor that nearly cost the celebrity his life. Jackson’s background featured the sort of impoverishment that millions of people can relate to on a deeply personal level. His music touched and hearts and minds of an incalculable number of people across the world. This is why, when Jackson declared bankruptcy, after showing the world that he had risen to the height of fame and fortune, his filing became one of the most shocking tabloid stories in years. Jackson’s bankruptcy was similar to several other celebrity bankruptcies Florida and to bankruptcy in Florida in general because of the Bankruptcy Code itself. To find th ebest Orlando bankruptcy attorney, call the Jacobs Law Firm.

Few could have predicted that an affluent celebrity musician would file for bankruptcy and use the bankruptcy process to rehabilitate and recover financially. Even fewer would have believed that this financial comeback would cause significant conflict with the bankruptcy court whose purported purpose is to help the honest but unfortunate debtor restore his financial viability. This ostensible paradox will be unraveled throughout the progression of this Article (this is just the first part) and in additional blog posts about bankruptcy in Florida. To speak with an Orlando bankruptcy attorney, call the Jacobs Law Firm today!

Bankruptcy in Florida

Bankruptcy in Florida

This Article contends that the bankruptcy of Curtis James Jackson, III is unique in that it is unlike any bankruptcy proceeding that the public has been exposed to. Consequently, Jackson’s bankruptcy has become a spectacle. The scuttlebutt nature of his bankruptcy is not necessarily detrimental to him as a debtor, but it casts aspersions on the bankruptcy system and its centuries’ old stereotypes and stigmas. As will be discussed later in this Article, the bankrupt debtor has been socially stigmatized and subjected to a multitudinous assault based on ridicule and scorn. The old stigma of financial failure and the perception of a debtor as inept and dispossessed of all power is undergoing a shift and it does not apply to Jackson as a debtor. Jackson’s bankruptcy has been in the public’s purview and it has allowed the spotlight to be squarely placed onto a debtor with a fighting spirit and millions of curious fans and spectators that crave an inside look into the bankruptcy process. Bankruptcy in Florida, like bankruptcy in Connecticut and New York, is largely based on the Federal Rules.

Orlando Bankruptcy Attorney

This Article also considers the impact of social media and the instantaneous nature of the twenty-four hour broadcasting that permeates the consciousness of onlookers through the global internet apparatus. As one author points out, the perception of bankruptcy and the practice of bankruptcy law cannot be viewed as being ensnared in some stigmatic vacuum, rather it is rightly studied in the “context of both the social world and the legal field.” Do you need an Orlando bankruptcy attorney?

Orlando bankruptcy attorney

This Article argues that the controversial nature of Jackson’s Chapter 11 bankruptcy has brought attention to the meaning of bankruptcy, and how it impacts not only the proverbial little guy, but also the celebrity hero that has been financially dethroned and made to be vulnerable. Jackson’s reactions to the Bankruptcy Court’s decisions regarding his formerly enormous portfolio of wealth, have had a visceral effect on millions of people that are gaining a rare and incisive insight into the field of bankruptcy law, many for the first time. It is this sort of shared experience, made possible by the reach of social media, that has shifted or at least has begun to modify the general perception of bankruptcy from being largely negative, to instead being a rehabilitative opportunity for the debtor that is willing to fight for his financial rights. For more information on Bankruptcy in Florida, contact the Jacobs Law Firm. The Jacobs Law Firm can direct you to the best Orlando bankruptcy attorney.

Linda Coco, Stigma, Prestige and the Cultural Context of Debt: A Critical Analysis of the Bankruptcy Judge’s Non-Article III Status, 16 Mich. J. Race & L. 181, 186 (2011).

Bankruptcy is just one of the many types of contentious civil litigation that occur throughout the Florida Courts every day. For more information on civil lawsuits, read throughout our law blogs and civil litigation page.

Marijuana Lawyer Clermont FL

Marijuana Lawyer Clermont FL

Marijuana Lawyer Clermont FL | Marijuana Defense Lawyer Orlando 

First off, let me inform you that I am a marijuana lawyer Clermont FL, and a marijuana defense lawyer Orlando, in addition to practicing in the surrounding cities and counties. I have a sense of humor about marijuana because it is easy to make people laugh when discussing the subject. In pop culture, marijuana is the foundation of a great deal of humor and entertainment. Comedy clubs are built on pot jokes! What is not funny however, are the punishments the State Attorney’s Office may seek to impose on criminal defendants for their possession, ownership, or control of the substance. In fact, those penalties are quite serious. 20 grams of weed (marijuana, marihuana (the seed of weed), herb, cannabis, etc.) is enough to (allegedly) manufacture up to one-hundred marijuana cigarettes (joints, doobies). Not everyone that is caught with weed is carrying exactly 20 grams. In fact, people may be charged with a misdemeanor for carrying far less than the maximum threshold for a felony. The point is, you have been caught by law enforcement in possession of a substantial enough quantity of marijuana to be charged with a misdemeanor, or worse if you are a repeat offender, and/or already on probation for a conviction of a separate offense. What is the penalty for possession of less than 20 grams in Florida?

Marijuana Defense Lawyer Orlando 

Possession of Less Than 20 Grams in Florida

The penalty for possession of less than 20 grams in Florida is at least a first degree misdemeanor. There is of course a question as to whether the defendant had actual or constructive possession of the cannabis, and there is a question as to whether any search that took place was valid. Beyond the field test being presumptively positive, the State must prove the defendant constructively (more on what constructive means in a subsequent article), or actually possessed (and knew of the presence of the marijuana), and a measurement of the weight and quantity of the weed should be shown. This is where your criminal defenses kick in allowing your marijuana lawyer Clermont FL, and a marijuana defense lawyer Orlando to act on your behalf by challenging the State’s claims, evidence, seeking to suppress the introduction of that evidence, and at a minimum, negotiation the best plea deal possible if the evidence happens to be ironclad. Speak with Jonathan Jacobs, marijuana lawyer Clermont FL, and a marijuana defense lawyer Orlando, today if you have been charged with a crime, specifically, possession of less than 20 grams in Florida. Click here for your free case evaluation.

Possession of Less Than 20 Grams in Florida

 

 

Divorce Mediation in Orlando

Labor and Employment Lawyer Orlando FL

At Will Employment Florida | Labor and Employment Lawyer Orlando FL

What is at will employment Florida (in the state of)? At-will means that an employee can be fired at any time for practically any reasonable cause. There are always exceptions to this rule and they are based on part on federal labor and employment practices. Firing a person based on their race, religion, gender, handicap, or otherwise, can result in a substantial judgment in favor of the employee/litigant. However, labor and employment law in Florida does not automatically favor the employer or the employee. The validity of an employer’s termination of an employee’s employment is a question of fact. Under the at will employment Florida standard, an employee can be fired if she shows up late, if he dresses sloppily, if she is rude to customers, if he is unreliable, if she doesn’t get along with coworkers, if he cannot understand the technical aspects of his job, if she lied on her resume, if the person is committing sexual misconduct, and the list is practically endless. If you have ever worked with a coworker that is terrible at their job, they might be susceptible to being let go from their employment. Jonathan Jacobs is a labor and employment lawyer Orlando FL, and an employment lawyer Tavares FL.

Employment Lawyer Tavares FL

Employment Lawyer Tavares FL

Let’s think about this in practical terms. Medium and large-size companies have human resource departments. These HR departments are intended to prevent outbursts, harassment, discrimination, and so forth. A careful and prudent employer will keep records of all employee demerits, incidents, and misconduct. A smart employee will do his/her best to avoid conflict and to accel at their job. That is what occurs in an ideal situation where conflict does not exist. However, it is not easy for perfection to occur because life gets in the way. People are competing for raises, for promotions, for attention. Cliques and groups form at the workplace just as they do anywhere else. Workplace romances abound because of routine and familiarity (among other reasons). Keeping conflict out of the workplace is not easy to do. Treating employees, bosses, or one’s company like garbage is something that we should aspire never to do. Lawsuits can be avoided. If you do need to file a lawsuit for wrongful termination, or if you are an employer that needs to take steps to protect your organization, call a labor and employment lawyer Orlando FL, and an employment lawyer Tavares FL. The Jacobs Law Firm is here to help structure your conduct to conform to labor and employment laws, or to make sure your former employer deals with you properly and according to the law. Just because we have at will employment Florida does not give you a blank check to mistreat employees, and vice versa.

At Will Employment Florida

wrongful termination lawyers in orlando florida

Wrongful Termination Lawyers in Orlando Florida

Wrongful Termination Lawyers in Orlando Florida | Right to Work State Florida

You have been fired. What an awful feeling. Nobody enjoys being fired, and often, people are fired unceremoniously (without the dignity they deserve or the notice they need). The sad truth is that when most people hear that our State is a “right to work state Florida,” they begin to feel vindicated, see some sort of legal retribution as part of the solution to their wrongful termination issue. However, the Florida Constitution spells out what “right to work state Florida” means, and it does not mean what you may have thought based on hearing the words out of their proper context. Article one Section 6 of the Florida Constitution provides that the right of people to have a job may not be denied just because the worker/applicant may be a member of a labor union or organization, and touches on the right of employees to strike if they believe it to be necessary in the course of their employment. This proclamation is a far cry from what it seems to mean on the surface. Still, when we carefully read the language of the Florida Constitution, the meaning becomes clear. “Right to work” sounds like employees have the upper hand, but in fact it means only what I mentioned above about labor union membership and employment. If you need to speak with wrongful termination lawyers in Orlando Florida, or an employment lawyer in Clermont FL, or anywhere in Lake or Orange County, call the Jacobs Law Firm for the help you need from the lawyer you trust, Attorney Jonathan Jacobs.

 Right to Work State Florida

Right to Work State Florida | Employment Lawyer in Clermont FL

Jonathan Jacobs is an employment lawyer in Clermont FL, Minneola, Leesburg, Tavares, Umatilla, Mount Dora, Groveland, Orlando, etc. When you visit my office to discuss your unlawful termination, I will review your employment contract. The terms of your contract will tell me if you are an at-will employee that can be fired “at-will” (at the will or behest of the employer), or if you can only be fired for specified reasons and have a specified term of employment. These distinctions are critical to the strength of your case. Remember that right to work state Florida does not mean you have a right to work, it means you have a right to not be denied employment based on labor organization membership, and cannot be fired based on labor union participation.

If you would like to speak with wrongful termination lawyers in Orlando Florida, or an employment lawyer in Clermont FL, or anywhere in Lake or Orange County, call Jonathan Jacobs. He will always be happy to help. Civil litigation can involve a great deal of time and preparation. It is important that you choose an attorney with your best interest in mind, a wrongful termination lawyer that will tell you clearly and honestly what your best options are throughout the litigation process. Do not be hesitant about asking your attorney questions because it may lead to the discovery of helpful information.

employment lawyer in clermont fl

 

 

 

Florida parenting plan

Florida Parenting Plan

Florida Parenting Plan

If you need help from an experienced and compassionate Central Florida Custody Attorney and Time Sharing Attorney in Orlando Florida, call the Jacobs Law Firm at (407) 310-5636. The notion behind the Florida parenting plan is that the litigants themselves have the opportunity, through mediation and otherwise (by private agreement with a parenting plan and or a marital settlement agreement), to construct a plan based on their unique work and family schedules. The Florida courts intentionally seek to allow the parties to a marital dissolution with minor children or paternity lawsuit to determine their own goals and course of action. In a sense, the Florida courts are magnanimous and understanding. After all, if Mom and Dad can resolve their issues by working together without the intervention of the court, everybody wins. The best interest of your child is likely best understood by YOU, the parents, and not an impartial observer with limited knowledge of your circumstances. Jonathan Jacobs is a family law attorney in Orlando FL.

Florida Parenting Plan Requirements

Florida Statute 61.13, which concerns timesharing and child support payments, clearly provides that there are certain minimum/baseline/foundational requirements that must be met before the court will approve a Florida parenting plan. The requirements of a Florida parenting plan are both fair and reasonable, and they make sense on a practical level. While I do recognize that divorce is an uncomfortable subject, if the parties are unable to come to terms on a parenting plan, they may find themselves shocked or surprised by the court’s level of involvement in their personal lives. Dismaying or not, the end result is generally in the best interest of the minor children involved. We have to give credit to the Florida Legislature and to the Florida courts because their position is based on a standard that quite simply cannot be argued against: that the best interests of the minor children must be met in order for the court to sign off on a parenting plan.

A Florida parenting plan must include the parties’ decision as to whether both parents will share responsibilities relating to raising their child (shared parental responsibility), or if one parent wants and obtains sole parental responsibility to make major decisions for the minor child.

The Florida Parenting Plan Requirements Include:

  1. The parents must inform the court in great detail about how they will raise their child(ren) (daily responsibilities, extracurricular activities, after-school care);
  2. The plan must demonstrate an understanding of the days, holidays, vacations, the time the parents will individually spend with the child (Mother’s Day, Father’s Day, birthdays, national holidays such as MLK and President’s Day, Christmas or Chanukkah, Thanksgiving, summer vacations, etc.);
  3. One or both parents must commit to making health care decisions for the child, and how health care will be apportioned financially between the parties;
  4. One or both parents will have control of the child’s schooling (school district placement, discipline, etc.);
  5. The Florida parenting plan must state the type of communication each parent will have with the child when it is not their time with the child (FaceTime, Skype, by cellphone, text messaging, or otherwise).

Attorney Jacobs is a Central Florida Custody Attorney, and a Time Sharing Attorney in Orlando Florida.

Central Florida Custody Attorney

Timesharing Attorney Orlando Florida

  1. As with most if not all Florida laws concerning minor children, a Florida parenting plan shall be in the best interests of the minor child. This phrase is a intentionally ambiguous because parental relationships with each other and with the minor children are unique to every family.
  2. Shared, not sole parental responsibility is favored. Shared means that both parents have the authority to make decisions regarding the minor child. These decisions may include health care, education, extra-curricular activities, tutoring, vacationing, etc. If you have any questions, please call a timesharing attorney Orlando Florida for more information.

Time Sharing Attorney Orlando Florida

Furthermore, both parents shall have the right to access their child’s medical and dental records, and even academic records, unless the court has expressly revoked their rights. If you have had your rights challenged, call the Jacobs Law Firm, timesharing attorney Orlando Florida to begin restoring and protecting your rights.

Call the Jacobs Law Firm today for a consultation in your family law case: (407) 310-5636, or e-mail us to schedule an appointment at Jonathan@JJLawFL.com.

Will I Have to Pay Alimony to My Husband in Florida

Will I Have to Pay Alimony to My Husband in Florida

Will I Have to Pay Alimony to My Husband in Florida

Will I have to pay alimony to my husband in Florida? Maybe, it depends on your income, if you were employed during the marriage, while the marriage is being dissolved, and whether your income is higher than your husband’s income. According to the United States Department of Labor, women’s employment accounts for over 72 million jobs in the United States. In fact, unemployment is often lower for women than it is for their male counterparts. Most women workers are full-time labor force participants. What do these statistics have to do with the question I posed, will I have to pay alimony to my husband in Florida? Clearly a great deal. If women are the breadwinners (an old-fashioned term, I get it)/ primary earners, or the sole-earners, it means the husband takes care of the children (if any) and handles the so-called homemaking or domestic duties. Let’s not stereotype this as some romantic imbalance, or power-struggle at home. Let’s instead realize that men and women are both capable of great successes and sometimes the job market allows for one spouse to have greater upward-mobility. This is a beautiful thing, because it allows couples to have potentially two lucrative income sources, and if there is only one, at least it supports the family. Let’s provide more clarity on how does alimony work in Florida. Attorney Jonathan Jacobs is a Minneola divorce attorney, as well as a Central Florida Divorce Attorney.

Minneola divorce attorney

How Does Alimony Work in Florida | Minneola divorce attorney | Central Florida Divorce Attorney

Many of our other articles address how does alimony work in Florida, but in light of the question about women paying alimony, let’s provide some clarification. Alimony works based on the parties’ presentation of evidence based on their financial circumstances, their careers, their job-training, their age, their need for or ability to pay alimony, etc. This applies for both men and women, it is not exclusive to men. Therefore, Will I have to pay alimony to my husband in Florida is best answered by saying that your case is unique, but it is a real possibility that if the woman earns more money, she may be ordered to pay alimony to her ex-husband. The law is gender-blind in a sense because it recognizes how diverse our workforce is specifically as pertains to gender. For more information call or e-mail the Jacobs Law Firm, Minneola divorce attorney, as well as a Central Florida Divorce Attorney, for a free consultation.

Central Florida Divorce Attorney

Attorney Jonathan Jacobs can answer your questions about alimony.

Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony. In fact, we have a page entirely dedicated to discussing and explaining alimony in Florida. This marital dissolution process can be educational because of the number of life lessons a person can learn during the struggle!

What about child support health insurance? Divorce mediation? We address those topics as well.

Florida Child Support Health Insurance

Florida Child Support Health Insurance

Florida Child Support Health Insurance | Orlando FL Child Support Attorney

Florida Child Support Statute 61.13 specifies that each child support order enacted by the court must include a clause regarding health insurance for the minor child(ren). Granted, child support negotiations can include a stipulation by the parties specifying how the parents will pay for health care costs (deductibles, co-pays, premiums, vision, dental, etc.) and thus payments can be made independent of a court-order for child support, but will be referenced by the Order itself. If Florida child support health insurance (really a title rather than an actual service provided by the insurers) is ordered by the court, the order must particularize that the insurance must be reasonable in price and must be available to the minor child. Attorney Jacobs is an Orlando FL child support attorney.

Orlando FL child support attorney

Reasonable Cost of Florida Child Support Health Insurance

Reasonable in the case of Florida child support health insurance means that the cost should not exceed 5% of the gross income of the parent ordered to or responsible for paying for the health insurance. Similar to many other evidentiary standards and practices, the fact that Florida child support health insurance is available for a “reasonable” cost is rebuttable, meaning arguments can me made to the contrary or in support of its reasonableness in pricing. Moreover, non-covered medical expenses may be added to the equation to provide a more in-depth assessment and analysis of reasonability and of costs owed or shared among the parties. Contact an Orlando FL child support attorney today to find out more. Circumstances which could involve higher prices involve minor children with dire health conditions, or significantly higher incomes of the parties.

Accessible Florida Child Support Health Insurance Coverage

In order to be considered “accessible,” health insurance must be usable in the county wherein your minor child lives/resides, or it must be applicable in the majority-time-sharing parent’s county of residence. As is often the case, if the parents enjoy equal 50-50-time-sharing, then the Florida child support health insurance should be usable in both parents’ counties of residence. Essentially, a plan should allow for the minor child to be seen by a physician if and when necessary due to health issues, without the child being rejected based on geography, which could pose a danger to the child’s overall health.

I have endeavored only to provide general guidance based on the Statute. This is not intended to be legal advice, but more so as a skeleton for how the court might render decisions based on Florida child support health insurance. Your individual circumstances will vary greatly just as the incomes and abilities to pay and needs of the payees will change from case to case. My intent is only to help elucidate the Statute and how it provides for some instruction because the Statutes are not always crystal clear to non-lawyers. Call the Jacobs Law Firm to speak with an Orlando FL child support attorney.

This blog article is intended to provide general guidance, but in no way is intended to apply to the specifics of your unique case. All divorce cases and paternity cases are different in some regard.

Florida rear end statute

Florida Rear End Statute

Florida Rear End Statute

The Florida rear end Statute is terribly vague, and yet it is precise and specific simultaneously. How is this paradox possible and does it make practical sense for the Florida Legislature to have provided such an arguable provision under the law? The Florida rear end statute provides that one driver shall not drive so near another car/driver any more closely than is “reasonable and prudent.” It may be reasonable and prudent to drive closely to another car when stuck in gridlock traffic. It may be reasonable and prudent to drive multiple car lengths away from the car in front of you when driving on the highway at a high velocity. Then again, how far is too far or how close is too close when driving on the non-highway regular roadways? This is a question of fact, circumstance, and the answer may vary in every collision case. This is why the Florida rear end statute is both vague and specific. The Florida rear end statute cannot possibly account for every car accident case in the state, but it can provide guidance for attorneys to argue their client’s case before a judge and jury. Jonathan Jacobs is an Orlando Florida car accident lawyer.

Florida Statute Rear End Collision

Florida Statute Rear End Collision

The Florida Statute rear end collision further describes how far from motor trucks other motor trucks must follow, and provides guidance on enabling other vehicles to enter or pass on the roadways in the presumed absence of danger.

Moreover, provision/subsection 4 of the Florida Statute rear end collision Statute makes it clear that a violation of this Statute is not per se criminal, rather any violation will be punished as though it is a moving violation. This is an important distinction.

Really, all Florida drivers have a different style of driving because people are unique. Often, following closely may be safe and without any pitfalls. Generally, following too closely however, can lead to the obscuring of what is happening in front of the driver in front of the care in the rear. This leaves very little time for safe driving when circumstances happen lightning quick. That is what can make driving too closely so dangerous.

Orlando Florida Car Accident Lawyer

Jonathan Jacobs is an Orlando Florida car accident lawyer. He has personal experience with being involved in accidents, and is a skilled litigator that can help you win your case. Litigation involves a massive amount of practice and preparation. Litigation involves a great deal of discovery, negotiation, planning, strategizing, and intellectual will.

Orlando Florida Car Accident Lawyer