(1791,	3,	'2017-05-12 10:27:18',	'2017-05-12 17:27:18',	'Your cell phone, much like your computer, holds a considerable amount of sensitive personal information.  As such, it is of little surprise that law enforcement officials often have a desire to access this information.  However, you have every right to keep your phone, its contents, and you personal privacy protected.  Florida police officers do not have the right to look at your cell phone. Here, our <a href=\"/tampa-criminal-lawyer/\">Tampa criminal defense attorneys</a> explain what you need to know about the police when it comes to a search of your cell phone.\r\n\r\n<h2>Cell Phone Searches and Fourth Amendment Rights</h2>\r\n\r\nThe Fourth Amendment to the United States Constitution protects individuals against unreasonable government search and seizures.  This protection extends to everything from your home and your vehicle to your cell phone and your laptop.  As a general rule, law enforcement officials can only look at yourself if they obtain: your consent or via a search warrant from a judge based upon a sworn affidavit setting forth probable cause. There are some circumstances where police may search phones based upon probable cause – as set forth below.\r\n\r\n<h2>Do Not Give Your Consent</h2>\r\n\r\nYou should be aware of the following important fact: Police officers will often simply ask you if they can perform a search.  They may ask you if they can search your vehicle, your person, or even your cell phone.  Further, they are likely to neglect to tell you that you have a right to say ‘no’.  If you find yourself in this situation (or any situation where a police officer is requesting your permission to search your person, vehicle, or home) do not consent to a search. If you consent, then their search is almost certainly legal.  Your best course of action is to protect your rights and decline a voluntary search.  Make law enforcement officers provide good cause to a judge and get a warrant before going through your cell phone.\r\n\r\n<h2>Officers Need to Get a Warrant</h2>\r\n\r\nTo conduct a search of a cell phone, police officers generally must obtain a warrant.  A warrant comes from a judge, and the police must present good cause to obtain one to search your electronic devices.  It is important to note that there are some exceptions.  Florida police officers may be able to legitimately conduct a search without a warrant if:\r\n\r\n<ul>\r\n<li>The owner gives Consent</li>\r\n<li>Plain view - what was on the phone’s display, was in plain view</li>\r\n<li>Public school (the search occurred on public school property where there is reduced right to privacy)</li>\r\n<li>Hot pursuit (the police believe the suspect can easily destroy evidence related to the reason for the chase)</li>\r\n</ul>\r\n\r\nWhat constitutes a legitimate exception in any given situations can be hotly disputed.  So, what happens if a police officer tells you that they have probable cause and they decide to conduct a search without a warrant?\r\n\r\n<h2>Do Not Resist a Search, But Get Your Attorney Involved Immediately</h2>\r\n\r\nIf a Florida police officer conducts a search of your cell phone without a warrant and without your consent, you need to contact an experienced attorney immediately. Do not fight back or physically resist a search. This is a legal issue and you need to get help from an attorney. The officer may have violated your legal rights. If you were charged with a crime based on evidence obtained from the (possibly) illegal search, your attorney may be able to get that unlawfully obtained evidence excluded from your case.\r\n\r\n<h2>Contact Our Office Today</h2>\r\n\r\nIf you are facing criminal charges in Florida, you need to act now. Please do not delay in calling our Tampa office today at 813-242-4404. Initial legal consultations are always free of charge. At <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> we serve clients along Florida’s Gulf Coast, including in Clearwater, Largo, Tarpon Springs and Dunedin.\r\n\r\nResource:\r\n\r\nlaw.cornell.edu/constitution/fourth_amendment',	'Can Florida Police Search Your Cell Phone?',	'',	'publish',	'closed',	'closed',	'',	'can-florida-police-search-your-cell-phone',	'',	'',	'2021-10-04 17:25:27',	'2021-10-05 00:25:27',	'',	0,	'http://www.megajustice.com/?p=1791',	0,	'post',	'',	0),
(1794,	3,	'2017-05-12 10:26:30',	'2017-05-12 17:26:30',	'',	'CellPhone',	'',	'inherit',	'closed',	'closed',	'',	'cellphone',	'',	'',	'2017-05-12 10:26:30',	'2017-05-12 17:26:30',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/05/CellPhone.jpg',	0,	'attachment',	'image/jpeg',	0),
(1795,	3,	'2017-05-15 06:04:59',	'2017-05-15 13:04:59',	'According to the Florida Department of Health, dog bites result in hundreds of overnight hospital stays in our state every year. We need to do more to protect innocent victims of dog attacks, who are disproportionately young children. Dog owners have the primary legal responsibility to protect the public from the risks posed by their animals and are generally liable for the injuries caused by their animals.  That being said, other parties often have legal obligations in these cases. Indeed, if you were injured by a dog, you may be able to hold a landlord liable for the attack. This is true even if the landlord did not own the animal. Here, our <a href=\"/premises-liability/\">Tampa dog bite lawyers</a> discuss what you need to know landlord liability and dog attacks.\n\n<h2>Understanding Landlord Liability</h2>\n\n<p><em>A Duty to Remove Dangerous Dogs</em></p>\n\nAs a general matter, Florida property owners have a legal responsibility to keep their premises in reasonably safe condition for invited guests. In the 1987 case of <em>White v. Whitworth</em>, Florida’s Fourth District Court of Appeals issued an important decision that made it clear that this general legal responsibility included a duty to protect co-tenants (and their guests) from the risks posed by ‘dangerous dogs’. In order to hold a landlord liable because of their failure to remove a dangerous dog, a victim must be able to prove that the landlord knew or should have known about the presence of the animal and the risks it posed.\n\n<p><em>The Foreseeability Requirement</em></p>\n\nAs with all premises liability claims, reasonable foreseeability is a required element of a successful legal case. If a tenant snuck a dangerous dog onto a property, and then the dog injured another person on that same evening, the landlord would almost certainly not be held liable. This is because the landlord would have had no reasonable opportunity to take corrective action to remove the animal. On the other hand, if multiple tenants were complaining about the presence of a vicious dog over the course of several weeks, and the landlord or property management company simply failed to take action, then they may be held legally liable for any future injuries caused by that dog.\n\n<p><em>Landlords are Not Liable for Off-Premises Injuries</em></p>\n\nIn Florida, landlords cannot be held liable for off-premises dog bite injuries. For example, in one 1995 case, a couple kept a dangerous dog at the house they rented. Their landlord knew about the presence of the animal and the risks it posed. One day, the dog escaped from the property and ended up causing injuries to another person in the neighborhood. The court ruled that the dog owners were liable for the injuries, but that the landlord could not be held liable in this circumstance. Under Florida law, the landlord’s potential for liability typically stops at the property line.\n\n<h2>Contact Our Dog Bite Lawyers Today</h2>\n\nAt <a href=\"/\">The Pawlowski//Mastrilli Law Group</a>, our dedicated personal injury attorneys have the skills and experience necessary to hold negligent landlords liable. If you or a family member was injured by a dog, please contact our team today to set up a free, no-obligation review of your case. Our office is located in Tampa Bay and we serve injured victims throughout the region, including in Odessa, Wimauma and Ruskin.\n\nResources:\n\ncasetext.com/case/white-by-thrh-carter-v-whitworth\n\nfloridahealth.gov/programs-and-services/prevention/dog-bite-prevention/index.html',	'Landlord Liability for Florida Dog Bite Injuries',	'',	'publish',	'closed',	'closed',	'',	'landlord-liability-for-florida-dog-bite-injuries',	'',	'',	'2017-05-15 06:04:59',	'2017-05-15 13:04:59',	'',	0,	'http://www.megajustice.com/?p=1795',	0,	'post',	'',	0),
(1797,	3,	'2017-05-22 06:54:48',	'2017-05-22 13:54:48',	'On March 29th, 2017, the Florida’s Second District Court of Appeal ruled in favor of a plaintiff in a slip and fall case. The case, <em>McNabb v. Bay Village Club Condominium Association, Inc.</em>, provides a good window into how Florida courts handle slip and fall cases. More specifically, this case turned on the issue of property owner ‘notice’. Notice is an extremely important issue in many slip and fall cases. Here, our <a href=\"/tampa-personal-injury-lawyer/premises-liability/\">Tampa slip and fall accident attorneys</a> discuss the case as well as the standard that Florida courts use to assess this issue.\r\n\r\n<h2>Case Analysis</h2>\r\n\r\n<p><em>The Background</em></p>\r\n\r\nJonathan McNabb filed a legal complaint after he was injured in a slip and fall accident that occurred at the Bay Village Condos. According to Mr. McNabb, he was injured after he slipped on what he assumed to be ‘leaking oil’ in the hallway of the ground floor of the building. Three days prior to the accident, a nearby elevator was inspected by a third party technician, and no leak was reported. Based on this evidence, Bay Villages moved for summary judgment, on the grounds that no evidence existed to suggest that they had any ‘notice’ of the existence of the safety hazard. Therefore, the company argued that it could not be held liable for Mr. McNabb’s injuries. A trial court agreed, granting their motion for summary judgement and dismissing the case.\r\n\r\n<p><em>The Appeals Court Reverses</em></p>\r\n\r\nThe Second District Appeals Court ruled that the lower court’s decision was made in error. In their reasoning, the court pointed to the fact that Mr. McNabb had provided an affidavit from a professional mechanical engineer who assessed that the leak had been occurring for at least 18 days. The lower court had originally disregarded this testimony as ‘weak’. However, the appeals court ruled that this was ‘speculation’ by the trial court, and thus, not an appropriate finding at the summary judgment stage. With this testimony included, a legitimate dispute of material fact exists. Thus, the case is entitled to go through a full trial.\r\n\r\n<p><em>‘Notice’ in Slip and Fall Cases</em></p>\r\n\r\nThe importance of ‘notice’ in a slip and fall case cannot be overstated. A property owner will only be held legally liable for another party\'s injuries, if it can be established that the property owner knew or should have known about the underlying property defect. Put another way, liability requires property owner negligence. In most cases, proving negligence will require that the property owner either had ‘actual’ (meaning they knew) or constructive (meaning they should have known) notice of a property defect.\r\n\r\n<h2>Request Your Free Case Evaluation Today</h2>\r\n\r\nIf you were injured in a slip and fall accident, it is imperative that you get your case in the hands of an experienced attorney as soon as possible after your accident. Your attorney will be able to comprehensively investigate your claim, and help ensure that you are able to obtain the evidence necessary to prove your case. Without strong evidence, your case is unlikely to be able to proceed.\r\n\r\nTo speak to our experienced <a href=\"/\">Tampa Bay premises liability lawyers</a> today, please call us at 813-242-4404 or contact our team directly online. At The Pawlowski//Mastrilli Law Group, we represent victims throughout the region, including in Hillsborough County, Pasco County and Pinellas County.\r\n\r\nResource:\r\n\r\n2dca.org/opinions/Opinion_Pages/Opinion_Pages_2017/March/March%2029,%202017/2D15-5613.pdf',	'Florida Appeals Court Rules in Favor of Plaintiff in Slip and Fall Case',	'',	'publish',	'closed',	'closed',	'',	'florida-appeals-court-rules-in-favor-of-plaintiff-in-slip-and-fall-case',	'',	'',	'2021-10-04 17:25:19',	'2021-10-05 00:25:19',	'',	0,	'http://www.megajustice.com/?p=1797',	0,	'post',	'',	0),
(1799,	3,	'2017-05-30 06:00:21',	'2017-05-30 13:00:21',	'Car accidents remain a very serious problem in the Florida Suncoast and throughout the wider United States. Indeed, the CDC reports that motor vehicle crashes are the leading cause of accident-related emergency room trips. Each year, more than 33,000 Americans are killed in crashes. Here, our <a href=\"/tampa-car-accident-lawyer/\">Tampa auto accident lawyers</a> review the latest crash data released by the state of Florida.\n\n<h2>An Overview of Florida Auto Accidents</h2>\n\nThe state of Florida releases its official car accident statistics once every year. The most recent release from the Florida Department of Highway Safety and Motor Vehicles covers the year or 2015. During that time period, there were:\n\n<ul>\n<li>374,342 total accidents;</li>\n<li>243,316 reported injuries; and</li>\n<li>2,939 confirmed fatalities.</li>\n</ul>\n\nAlarmingly, these figures represent a significant increase in both accidents and injuries when compared to the last several years. More specifically, car accident injuries were up by nearly eight percent when compared to 2014. The numbers for total accident fatalities were even more alarming; car accident deaths were up by a startling 17.84 percent. To put these figures into perspective: <strong><em>More people were injured in Florida car accidents in 2015 than in any year since 1996.</em></strong> A long-term trend of reduced accident risk appears to have turned around. While part of the problem is explained by an increase in the total number vehicle miles driven in the state, that does not explain the entirety of the issue. Other factors, such as increased <a href=\"/florida-car-accident-injuries-distracted-driving/\">distracted driving</a>, due to the prevalence of cell phones, also likely contribute.\n\n<h2>Drunk Driving Also Remains a Major Problem</h2>\n\nIntoxicated driving, including both drunk driving and drugged driving, is responsible for a highly disproportionate share of serious Florida highway accidents. In 2015, there were more than 16,000 <a href=\"/tampa-car-accident-lawyer/dui-accidents/\">DUI crashes in Florida</a>. These accidents led to nearly 11,000 injuries and more than 500 fatalities. While alcohol and drugs are a factor in less than four percent of all auto accidents, these substances are a factor in more than 16 percent of fatal crashes. The reason for this is clear: Drunk driving accidents often occur at high speeds, and they are more likely to involve exceptionally dangerous behavior. If you were injured by a drunk driver, you need to contact a qualified attorney immediately. Under Florida law, you may be entitled to recover punitive damages. These damages are meant to punish the extremely reckless behavior of the bad-acting party, and, unlike standard compensatory damages, they are not tied directly to your losses.\n\n<h2>Schedule Your Free Case Evaluation Today</h2>\n\nAt <a href=\"/\">The Pawlowski//Mastrilli Law Group</a>, we fight hard for the rights and interests of injured victims. Our team has extensive experience handling auto accident claims, including DUI accident cases. If you or a loved one was severely hurt in a crash, please do not settle your case for a single penny less than you deserve. We will help you recover full and fair compensation. From our office in Tampa, we serve victims throughout the region, including in Pasco County and Pinellas County.\n\nResources:\n\ncdc.gov/nchs/fastats/accidental-injury.htm\n\nflhsmv.gov/pdf/crashreports/crash_facts_2015.pdf',	'Florida Car Accidents Statistics',	'',	'publish',	'closed',	'closed',	'',	'florida-car-accidents-statistics',	'',	'',	'2017-05-30 06:00:21',	'2017-05-30 13:00:21',	'',	0,	'http://www.megajustice.com/?p=1799',	0,	'post',	'',	0),
(1804,	3,	'2017-05-15 06:04:34',	'2017-05-15 13:04:34',	'',	'Dog4',	'',	'inherit',	'closed',	'closed',	'',	'dog4',	'',	'',	'2017-05-15 06:04:34',	'2017-05-15 13:04:34',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/05/Dog4.jpg',	0,	'attachment',	'image/jpeg',	0),
(1820,	3,	'2017-05-22 06:54:33',	'2017-05-22 13:54:33',	'',	'SlipFall',	'',	'inherit',	'closed',	'closed',	'',	'slipfall',	'',	'',	'2017-05-22 06:54:33',	'2017-05-22 13:54:33',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/05/SlipFall.jpg',	0,	'attachment',	'image/jpeg',	0),
(1821,	3,	'2017-05-22 06:59:11',	'2017-05-22 13:59:11',	'',	'CarCrash',	'',	'inherit',	'closed',	'closed',	'',	'carcrash',	'',	'',	'2017-05-22 06:59:11',	'2017-05-22 13:59:11',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/05/CarCrash.jpg',	0,	'attachment',	'image/jpeg',	0),
(1836,	3,	'2017-06-01 08:50:23',	'2017-06-01 15:50:23',	'It is something almost every driver has experienced: You are going on about your day, when suddenly there are blue and red lights and sirens coming flying up behind you.  You are getting pulled over.  Any traffic stop can ruin a driver’s day.  No matter how minor the infraction, getting pulled over is intimidating and dealing with a ticket is frustrating (and sometimes expensive).\n\nThings are much worse for drivers who do not have a license.  If you are driving with a suspended, revoked, or cancelled Florida license, you may be facing serious trouble.  Here, at The Pawlowski//Mastrilli Law Group, our experienced <a href=\"/tampa-criminal-defense-lawyer/license-suspension-defense/\">Tampa license suspension lawyers</a> discuss what you need to know to protect your legal rights.\n\n<h2>You May Face Harsh Penalties</h2>\n\nThe legal penalties for driving with a suspended, revoked, cancelled, or disqualified license can be found under Section 322.34 of the Florida State Statutes.  To be clear, the penalties available to law enforcement officers and prosecutors under this statute can be quite severe.  Specifically, these penalties include:\n\n<ul>\n<li>An extended license suspension period;</li>\n<li>Total revocation of your driving privileges;</li>\n<li>Large fines, up to $500 for a first offense and $5000 for later offenses; and,</li>\n<li>Jail time, up to 60 days for a first offense and as much as five years for later offenses.</li>\n</ul>\n\n<h2>How Our Attorneys Can Help</h2>\n\n<p><em>Legal Defenses</em></p>\n\nIn some cases, the charges that brought against you may be unjustified or illegitimate.  After reviewing your case in detail, your attorney may recommend that you fight those charges head-on. There are some common defenses that can be used in these cases, including:\n\n<ul>\n<li><strong><em>Disputing the fact that you were ever driving at all.</em></strong> This might be a useful defense if you were charged while sitting behind the wheel, but were not actually on the road.</li>\n<li><strong><em>Disputing that your license is actually suspended.</em></strong> In some cases, Florida state records have not been updated or are simply wrong.  Your license might not actually be suspended.</li>\n<li><strong><em>Proving that you had good cause to believe that your license was not actually suspended.</em></strong> You may not have to prove that your license was in good standing.  If you can prove that you have a good reason to believe that it was, then you may not be charged.</li>\n<li><strong><em>Establishing that the stop was illegal.</em></strong> If an officer found that you were driving with a suspended license only because they stopped you illegally, then the charges may have to be dismissed.<strong><em></em></strong></li>\n</ul>\n\n<p><em>Reductions in Punishment</em></p>\n\nOf course, directly challenging a license suspension charge is not always the best available option. In many cases, your attorney will be able to best help you focus on reducing the charges against you or reducing the penalties that you are facing.  As a result,  your attorney may be able to keep you out of jail and may be able to help you get your driving privileges back – even sooner than might have happened otherwise.\n\n<h2>Get Legal Help Now</h2>\n\nAt <a href=\"/\">The Pawlowski//Mastrilli Law Group</a>, our attorneys have extensive experience handling cases involving suspended, revoked, and cancelled license cases.  To learn more about how we can help you, please contact us today to set up your free initial consultation.  From our office in Tampa Bay, we represent clients throughout the region, including: Gibsonton, Valrico, Sydney, and Apollo Beach.\n\nResource:\n\nleg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0300-0399/0322/Sections/0322.34.html',	'Were Your Charged With Driving With a Suspended License in Florida?',	'',	'publish',	'closed',	'closed',	'',	'were-your-charged-with-driving-with-a-suspended-license-in-florida',	'',	'',	'2017-06-01 08:50:23',	'2017-06-01 15:50:23',	'',	0,	'http://www.megajustice.com/?p=1836',	0,	'post',	'',	0),
(1838,	3,	'2017-06-01 08:50:02',	'2017-06-01 15:50:02',	'',	'DriverLicense',	'',	'inherit',	'closed',	'closed',	'',	'driverlicense',	'',	'',	'2017-06-01 08:50:02',	'2017-06-01 15:50:02',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/DriverLicense.jpg',	0,	'attachment',	'image/jpeg',	0),
(1839,	3,	'2017-06-05 06:37:27',	'2017-06-05 13:37:27',	'Due to their immense size, and the number of passengers they transport, buses must be operated with the highest level of safety in mind.  If you have been injured in a Florida bus accident, you deserve fair compensation for your injuries.  Here, our <a href=\"/firm-overview/\">Tampa Bay bus accident lawyers</a> answer some of the most frequently asked bus accident questions.\r\n\r\n<h2>How Common are Bus Accidents?</h2>\r\n\r\nAccording to data collected and published by the Federal Motor Carrier Safety Administration (FMCSA), hundreds of innocent people are killed in bus crashes each year, while many thousands more suffer serious, sometimes life-changing, injuries.  Florida is no exception to this general public safety problem.  Indeed, the Florida Department of Highway Safety and Motor Vehicles reports that, in 2015 alone, more than 27,000 passengers were riding on buses that crashed.  While many of these accidents were relatively minor, sadly, others were not.  These statistics show that 1,100 of the passengers injured in bus accidents in Florida sustained serious injuries.\r\n\r\n<h2>Is the Bus Company Liable for My Injuries?</h2>\r\n\r\nUnder Florida law, liability for a bus accident is established under the state’s comparative negligence statute. This means that you can hold a bus company liability for your damages if you can prove that the company’s negligence, in some way, contributed to the wreck. Some of the most common examples of bus company negligence include:\r\n\r\n<ul>\r\n<li>Speeding or other types of reckless driving;</li>\r\n<li>Running red lights;</li>\r\n<li>A poorly trained driver;</li>\r\n<li>Poor vehicle maintenance;</li>\r\n<li>Defective seats or walkways on the bus; and,</li>\r\n<li>An overloaded vehicle.</li>\r\n</ul>\r\n\r\n<h2>How Much Compensation Can I Recover?</h2>\r\n\r\nThe value of your Tampa bus accident claim will depend entirely on the amount of damage that you sustained.  In Florida, most legal damages are meant to compensate the victim for their tangible losses.  As such, injured victims must prove their losses in order to seek financial relief.  To be clear, compensable losses do not have to be economic in nature; while you can recover for your medical bills and lost wages, you may also be able to recover for pain, suffering, and mental anguish.\r\n\r\n<h2>Can I Sue a City Bus?</h2>\r\n\r\nYes, injured victims can take action against government buses.  For example, if a Hillsborough Area Regional Transit (HART) bus caused your injuries, you can hold the operator liable for your losses. However, different legal rules do apply when it comes to public buses.  Generally, you need to take legal action much more quickly.  If you were injured in a crash with a public bus, please get your case in the hands of a qualified attorney as soon as possible.\r\n\r\n<h2>When Should I Take Action?</h2>\r\n\r\nIf you were hurt in a bus crash, the best time to take action is now.  Evidence in bus accident cases can begin to deteriorate or disappear, quickly.  The right attorney can gather, preserve, and secure this much needed evidence.\r\n\r\nAt <a href=\"/\">The Pawlowski//Mastrilli Law Group</a>, our experienced bus accident lawyers are standing by, ready to help you.  To request your free initial legal consultation, please call us today at 813-242-4404. We serve communities throughout West Central Florida, including in Hillsborough County, Pasco County and Pinellas County.\r\n\r\nResources:\r\n\r\nfmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Large-Truck-and-Bus-Crash-Facts-2014%28April%202016%29.pdf\r\n\r\nflhsmv.gov/pdf/crashreports/crash_facts_2015.pdf',	'Tampa Bay Bus Accidents: Frequently Asked Questions',	'',	'publish',	'closed',	'closed',	'',	'tampa-bay-bus-accidents-frequently-asked-questions',	'',	'',	'2021-10-04 17:25:13',	'2021-10-05 00:25:13',	'',	0,	'http://www.megajustice.com/?p=1839',	0,	'post',	'',	0),
(1841,	3,	'2017-06-19 06:26:40',	'2017-06-19 13:26:40',	'Earlier this year, the Food and Drug Administration (FDA) announced that there may be an association breast implants and a rare type of blood cancer known as anaplastic large cell lymphoma (ALCL). While first indications of a possible link were discovered six years ago, FDA officials have recently determined that the association is quite strong, and that there may even be a causal link.\r\n\r\nTragically, thus far, at least nine American women have already died from ALCL after receiving breast implants.  Research into this important issue is still being conducted, but the existing evidence raises serious concerns that some breast implants may be unreasonably dangerous and <a href=\"/tampa-personal-injury-lawyer/defective-products/\">defective products</a>, that should have never been on the market in the first place.\r\n\r\n<h2>What We Know </h2>\r\n\r\nThe type of cancer in this case, anaplastic large cell lymphoma (ALCL), is extremely rare.  For reference, statistics show that around 1 in 5 million women are likely to develop this disease in their lifetime.  Even fewer women, around 1 in 33 million, will develop this form of cancer in their breasts.  However, the FDA is currently investigating at least 359 cases that have been reported to the agency by women who have developed ALCL after receiving breast implants.  This is a far higher percentage than would be expected if the occurrence were completely random.  Indeed, as of right now, the FDA estimates that ALCL cases are occurring at as much as 65 times the normal rate in women who have had breast implants.  This is a truly, startlingly, downright alarming figure. While both saline and silicone implants are affected by this issue, researchers do believe that there is a difference between ‘smooth’ implants and ‘textured’ implants.  Around 90 percent of the ALCL cases involved women who have had the ‘textured’ implants.\r\n\r\n<h2>Defective Products: Legal Action </h2>\r\n\r\nIf you or a loved one has developed ALCL after having breast implants, you should contact an experienced products liability attorney immediately.  You have legal options, and your legal rights must be protected.  As of April 2017, there is no active breast implant ALCL class action lawsuit that has been certified.  However, individual claims are being filed in courts around the country.  There are likely to be many more claims filed in the coming years.\r\n\r\nFurther, while the FDA has not yet issued a recall, the information they have released to the public is deeply concerning.  And, a product recall is still a future possibility.  The simple fact is that large corporations must be held fully accountable for any damages that their defective/unsafe products cause to innocent people.  Companies should never put their profits before the safety of their consumers.  This is especially important when dealing with products and devices in the medical industry.\r\n\r\n<h2>Contact Our Tampa Office Today </h2>\r\n\r\nAt <a href=\"/\">The Pawlowski//Mastrilli Law Group</a>, our products liability attorneys have extensive experience handling claims involving defective medical industry products, including defective medical devices and dangerous drugs.  If you or a loved one was hurt or killed by a dangerous medical product or pharmaceutical drug, please call us today at 813-242-4404 to schedule a free review of your case.\r\n\r\nResources:\r\n\r\nfda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/BreastImplants/ucm239995.htm\r\n\r\nlymphoma.org/site/pp.asp?c=bkLTKaOQLmK8E&amp;b=6300143',	'FDA Links Breast Implants to Rare Blood Cancer',	'',	'publish',	'closed',	'closed',	'',	'fda-links-breast-implants-to-rare-blood-cancer',	'',	'',	'2021-10-04 17:25:03',	'2021-10-05 00:25:03',	'',	0,	'http://www.megajustice.com/?p=1841',	0,	'post',	'',	0),
(1843,	3,	'2017-06-12 06:25:05',	'2017-06-12 13:25:05',	'The Florida Suncoast is one of the best regions in the country for boat lovers.  Indeed, Tampa Bay is the largest estuary in the state, and it offers many excellent, unique spots for boating.  Though, it bears mentioning that, if proper safety precautions are not taken, boating can become extremely dangerous.  It is imperative that all boat owners and operators follow all boat safety regulations that have been promulgated by the Florida Fish and Wildlife Conservation Commission (FWC).\n\nIn the unfortunate event that you or a loved one has been injured on a boat, you need to contact an experienced <a href=\"/firm-overview/\">Tampa boat accident attorney</a> for immediate legal assistance.  Your attorney will be able to assess your claim and determine what needs to be done to help you seek the fair financial recovery that you deserve.\n\n<h2>Florida Boat Accident Liability</h2>\n\nIn order to prevail in a Florida boat accident lawsuit, you will need to be able to prove that the boat owner or operator\'s negligence contributed to your injuries. Chapter 768.81 of the Florida statutes controls all negligence claims in the state.  The actions (or inactions) that constitute negligence can vary widely depending on the specific circumstances of the case.  However, it is important to note that boat owners and operators are held to high legal standards.  Some of the most common examples of negligence in boat accident and boat injury cases include:\n\n<ul>\n<li>The boat operator being intoxicated at the time of the accident;</li>\n<li>A boat operator lacking sufficient experience;</li>\n<li>Any other unsafe actions by the operator;</li>\n<li>The failure to provide enough life jackets and safety equipment on board; and,</li>\n<li>Poor maintenance by the owner or operator.</li>\n</ul>\n\n<h2>Compensation Available for Boat Accident Victims </h2>\n\nUnder Florida law, boat accident victims are owed financial compensation for the full extent of their damages.  This includes recovery for both monetary losses and any intangible losses.  Unfortunately, insurance companies work hard to make recovering fair compensation a challenge for accident victims.\n\nTo get the full injury settlement offer you deserve, you need to work with an experienced attorney who will ensure that your claim proceeds in an efficient, effective manner. At The Pawlowski//Mastrilli Law Group, our team may be able to help you recover compensation for:\n\n<ul>\n<li>All of your medical bills;</li>\n<li>Any needed medication or medical equipment;</li>\n<li>Lost wages, including diminished earning capacity;</li>\n<li>Long-term disability; and,</li>\n<li>Pain and suffering.</li>\n</ul>\n\n<h2>Boat Accidents: Wrongful Death</h2>\n\nFinally, if you lost a family member in a boat accident, we can help you bring a <a href=\"/tampa-personal-injury-lawyer/wrongful-death/\">wrongful death lawsuit</a> to hold the responsible party liable.  We know it is difficult to consider legal options immediately following the loss of a loved one, but you owe it to your family to speak to an attorney who can protect your rights and interests.\n\n<h2>Contact Our Team Today</h2>\n\nWere you injured in a boating accident?  The Tampa Bay personal injury lawyers at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> can help.  To request a free, no-obligation review of your case, please contact our team today.  We fight for the rights of injured victims throughout West Florida, including in Saint Petersburg, Clearwater, Safety Harbor and Land O’ Lakes.\n\nResources:\n\nleg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0768/Sections/0768.81.html\n\nmyfwc.com/boating/regulations/',	'Florida Boat Accident Injury Lawsuits',	'',	'publish',	'closed',	'closed',	'',	'florida-boat-accident-injury-lawsuits',	'',	'',	'2017-06-12 06:25:05',	'2017-06-12 13:25:05',	'',	0,	'http://www.megajustice.com/?p=1843',	0,	'post',	'',	0),
(1852,	3,	'2017-06-05 06:37:00',	'2017-06-05 13:37:00',	'',	'Bus2',	'',	'inherit',	'closed',	'closed',	'',	'bus2',	'',	'',	'2017-06-05 06:37:00',	'2017-06-05 13:37:00',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/Bus2.jpg',	0,	'attachment',	'image/jpeg',	0),
(1865,	3,	'2017-06-12 06:24:49',	'2017-06-12 13:24:49',	'',	'Boat',	'',	'inherit',	'closed',	'closed',	'',	'boat',	'',	'',	'2017-06-12 06:24:49',	'2017-06-12 13:24:49',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/Boat.jpg',	0,	'attachment',	'image/jpeg',	0),
(1873,	1,	'2017-06-13 13:34:01',	'2017-06-13 20:34:01',	'',	'dalton',	'',	'inherit',	'closed',	'closed',	'',	'dalton',	'',	'',	'2017-06-13 13:34:01',	'2017-06-13 20:34:01',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/dalton.jpg',	0,	'attachment',	'image/jpeg',	0),
(1887,	3,	'2017-06-19 06:26:23',	'2017-06-19 13:26:23',	'',	'Liability3',	'',	'inherit',	'closed',	'closed',	'',	'liability3',	'',	'',	'2017-06-19 06:26:23',	'2017-06-19 13:26:23',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/Liability3.jpg',	0,	'attachment',	'image/jpeg',	0),
(1901,	3,	'2017-06-26 07:00:14',	'2017-06-26 14:00:14',	'Under Florida law, the vast majority of employers that have four or more employees are legally required to carry workers’ compensation insurance. For employees, this coverage is important, as it will give workers access to desperately needed benefits (both income and medical) should they become injured while on the job.\n\nYet, while injured Florida workers have a clear legal right to recover workers’ compensation benefits, many find that actually obtaining these benefits can be extremely challenging. Here, our <a href=\"/tampa-personal-injury-lawyer/workplace-accidents/\">Tampa workplace accidents attorneys</a> discuss when an on-the-job injury qualifies for workers’ compensation in Florida.\n\n<h2>The Types of Injuries that Qualify for Florida Workers’ Compensation Benefits </h2>\n\nMany different types of injuries can happen on the job. In Florida, the term ‘injury’ is defined very broadly. Indeed, you can seek workers’ compensation benefits for a wide variety of underlying injuries and medical conditions. Specifically, you might be entitled to medical or income replacement benefits for:\n\n<ul>\n<li>Any physical injury that was caused by single accident;</li>\n<li>A repetitive stress injury (RSI) that developed slowly over time;</li>\n<li>A disease or disorder that is related to your job; or</li>\n<li>A mental health injury that was caused, in part, by a physical injury.</li>\n</ul>\n\nUltimately, to obtain workers’ compensation benefits, you will need to be able to support both the existence and severity of your injury with valid medical documentation.\n\n<h2>Understanding the Course and Scope Standard </h2>\n\nBeyond proving your injury, you must also be able to establish that it is related to your job. Certainly, you cannot recover workers’ compensation benefits for an injury that has nothing to do with your work. While this may sound straightforward, there are many cases where intense disputes arise over the true underlying cause of the injury, and whether or not it actually had a workplace connection. To resolve these disputes, Florida uses the ‘course and scope’ standard. Under this standard, you can recover benefits if you can prove that your injury or medical condition meets the following two required elements:\n\n<ul>\n<li>You must have been engaged in work-related conduct when your injury occurred; and</li>\n<li>You must have been doing something in the furtherance of the interests of your employer when the injury occurred.</li>\n</ul>\n\nIn some cases, the course and scope standard is easy to apply. For example, if your boss asks you to move heavy boxes, and you are injured in the process of completing that task, then your injury unquestionably occurred within the course and scope of your work. However, in some other cases, such as in <a href=\"/repetitive-stress-injuries-and-florida-workers-compensation-claims/\">repetitive stress injury claims</a> and claims regarding work injuries that occurred off of a normal job site, applying the course and scope standard become more challenging. If your benefits are denied because your employer or the insurance company asserts that your injury did not really occur on the job, you need to speak to a qualified attorney immediately.\n\n<h2>Were You Hurt on the Job in Florida?</h2>\n\nOur team can help. At <a href=\"/\">The Pawlowski//Mastrilli Law Group</a>, our team has helped many work injury victims obtain their full and fair benefits. If you were injured on the job, you need to take action today. Please do not hesitate to get in touch with our dedicated Tampa workers’ compensation lawyers to set up a free review of your claim.\n\nResource:\n\nleg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0400-0499/0440/0440.html',	'Do My Injuries Qualify for Workers’ Compensation in Florida?',	'',	'publish',	'closed',	'closed',	'',	'do-my-injuries-qualify-for-workers-compensation-in-florida',	'',	'',	'2017-06-26 07:00:14',	'2017-06-26 14:00:14',	'',	0,	'http://www.megajustice.com/?p=1901',	0,	'post',	'',	0),
(1903,	3,	'2017-06-26 06:59:58',	'2017-06-26 13:59:58',	'',	'WC_3',	'',	'inherit',	'closed',	'closed',	'',	'wc_3',	'',	'',	'2017-06-26 06:59:58',	'2017-06-26 13:59:58',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/WC_3.jpg',	0,	'attachment',	'image/jpeg',	0),
(1905,	3,	'2017-06-27 06:00:24',	'2017-06-27 13:00:24',	'For medical patients, anesthesia is incredibly valuable. These drugs can make invasive operations, that would otherwise be borderline unbearable, somewhat tolerable. Pain can be blocked, muscles can be relaxed and, in some cases, a patient may be unconscious throughout the entire procedure.\r\n\r\nAt the same time, anesthesia is dangerous. These drugs are powerful; when they are not used correctly, anesthesia can cause tremendous, even life-altering, damage to a patient.\r\n\r\nAnesthesiologists and all other medical professionals have a legal responsibility to administer these drugs with proper care and with adequate skill. If they fail to do so for any reason, they may be held legally liable for medical malpractice. If you or a loved one was the victim of an anesthesia error in Florida, please contact an experienced <a href=\"/tampa-personal-injury-lawyer/medical-malpractice/\">Tampa medical malpractice attorney</a> for immediate assistance.\r\n\r\n<h2>Four Common Anesthesiologist Mistakes </h2>\r\n\r\n<ol>\r\n<li><p><strong>Failure to properly intubate:</strong> Many anesthesiologist errors occur during attempted intubation. This is the process by which a person is enabled to breathe during a surgery. It is a delicate process that must be handled with due care.</p></li>\r\n<li><p><strong>Failure to monitor:</strong> Medical professionals have a legal duty to continuously monitor any of their patients that are under powerful drugs. With anesthesia, something can go wrong at any time. The failure to actively monitor a patient could lead to serious (preventable) complications arising.</p></li>\r\n<li><p><strong>Improper dosage:</strong> Getting too much or too little of a drug could result in severe physical or psychological damage to a patient. Anesthesiologists and their support staff must ensure that they are giving their patients the correct dosage of all drugs.</p></li>\r\n<li><p><strong>Poor communication:</strong> Finally, many anesthesia errors occur as a result of poor communication. Medical patients have a right to ‘informed consent’, and the failure by medical professionals to communicate effectively can sometimes lead to complications or injuries.</p></li>\r\n</ol>\r\n\r\n<h2>Holding a Medical Professional Liable for an Anesthesia Error </h2>\r\n\r\nTo hold a Florida medical professional liable for your damages, you must be able to prove that their negligence contributed to your injuries or medical complications. Under Florida law, this requires satisfying each of the following four factors:\r\n\r\n<ul>\r\n<li>A legally valid doctor-patient relationship must have existed;</li>\r\n<li>The medical professional must have violated the standard of care;</li>\r\n<li>The medical professional’s misconduct must have contributed to your damages; and</li>\r\n<li>You must prove that you suffered real harm.</li>\r\n</ul>\r\n\r\nNotably, most anesthesia error malpractice claims come down to the issue of the ‘standard of care’. Under the law, your doctor has an obligation to provide you with care that is at least as good as an ordinary doctor would have been able to provide under reasonably similar conditions. If your anesthesiologist failed to do so, then they violated the standard of care. As such, they can be held liable for medical malpractice.\r\n\r\n<h2>Were You a Victim of Medical Malpractice in Tampa Bay? </h2>\r\n\r\nWe can help. At <a href=\"/\">The Pawlowski//Mastrilli Law Group</a>, our Tampa medical malpractice lawyers have helped many victims recover full compensation for their damages. If you or a loved one was injured by an anesthesia error, please call us today at 813-242-4404 to request a free review of your case. We serve medical malpractice victims throughout the region, including in Hillsborough County, Pasco County and Pinellas County.\r\n\r\nResource:\r\n\r\nhhs.gov/ohrp/regulations-and-policy/guidance/faq/informed-consent/',	'Florida Medical Malpractice: Anesthesia Errors',	'',	'publish',	'closed',	'closed',	'',	'florida-medical-malpractice-anesthesia-errors',	'',	'',	'2021-10-04 17:25:00',	'2021-10-05 00:25:00',	'',	0,	'http://www.megajustice.com/?p=1905',	0,	'post',	'',	0),
(1907,	3,	'2017-06-26 07:47:17',	'2017-06-26 14:47:17',	'',	'MedMal5',	'',	'inherit',	'closed',	'closed',	'',	'medmal5',	'',	'',	'2017-06-26 07:47:17',	'2017-06-26 14:47:17',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/MedMal5.jpg',	0,	'attachment',	'image/jpeg',	0),
(1909,	3,	'2017-06-28 06:00:44',	'2017-06-28 13:00:44',	'If you were arrested for intoxicated driving, you are likely feeling stressed out, overwhelmed by the situation and uncertain about what you should do next. This is normal; Florida DUI arrests are notoriously complex. Very few people have a strong understanding of the process. Indeed, most people do not realize it, but if you were arrested for DUI, <strong><em>you will likely face both a criminal and a civil case. </em></strong>\n\nCertainly, the criminal charges are incredibly serious, and you should work with experienced <a href=\"/tampa-criminal-defense-lawyer/dui-defense/\">Tampa DUI defense lawyer</a> to address that issue. However, it is the civil case, the case that involves your driving privileges, that will require the most immediate attention. In fact, <strong><em>if you fail to act within ten days, your right to drive will be automatically suspended, perhaps for many months.</em></strong>\n\n<h2>Understanding the Automatic Suspension </h2>\n\nUnder Florida law, anyone arrested for intoxicated driving will have their license automatically suspended. This means that your license will be suspended if you fail any type of roadside test or if you refuse to take any type of drunk driving test. Indeed, if you are charged with a DUI based off of the officer’s observations, even if the responding police officer was completely wrong, your license will still be automatically suspended. This is a harsh penalty, considering you are subject to it before you have ever had your day in court. The good news, however, is that you have options available that may help you save your license. However, if you do not act immediately, those options will quickly disappear. \n\n<h2>How to Save Your License </h2>\n\nUnder Chapter 322.2615 of the Florida state statutes, all motorists have a right to seek a review of the administrative suspension of their driving privileges. Still, under the statutes, you have a very limited amount of time to take action. If your Florida driver’s license is suspended for an alleged DUI or an alleged refusal, you only have ten calendar days to file for a formal or informal review of the suspension.\n\nWhen you file for review, your suspension will be temporarily set aside while your case awaits its hearing. This means that your license will be ‘un-suspended’ until you actually get a first level hearing. The Florida Department of Highway Safety and Motor Vehicles should grant you a hearing within 30 days of the date that you filed your claim. At the hearing, you will be allowed to make your case and hear some of the evidence against you. With the help of an attorney, you may be able to get your Florida driver’s license reinstated. Additionally, the hearing can help your attorney acquire some critically important information for the purposes of representing you during any related criminal proceedings.\n\n<h2>Get DUI Defense Help Today</h2>\n\nDrunk driving is a very serious charge in Florida. If you were arrested and charged with a DUI, you need to take action today. Please call the experienced DUI defense attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for immediate legal assistance. From our office in Tampa Bay, we serve communities throughout the region, including in Hillsborough County, Pinellas County and Pasco County.\n\nResource:\n\nleg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0300-0399/0322/Sections/0322.2615.html',	'Were You Arrested for DUI in Tampa? You Have Ten Days to Take Action',	'',	'publish',	'closed',	'closed',	'',	'were-you-arrested-for-dui-in-tampa-you-have-ten-days-to-take-action',	'',	'',	'2017-06-28 06:00:44',	'2017-06-28 13:00:44',	'',	0,	'http://www.megajustice.com/?p=1909',	0,	'post',	'',	0),
(1911,	3,	'2017-06-26 07:50:34',	'2017-06-26 14:50:34',	'',	'DUI5',	'',	'inherit',	'closed',	'closed',	'',	'dui5-2',	'',	'',	'2017-06-26 07:50:34',	'2017-06-26 14:50:34',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2017/06/DUI5.jpg',	0,	'attachment',	'image/jpeg',	0),
(2279,	1,	'2018-04-03 12:57:07',	'2018-04-03 19:57:07',	'<h1>App</h1>\r\n\r\n[vimeo id=\"263044603\"]\r\n\r\n<a class=\"mcAppLink\" href=\"https://itunes.apple.com/us/app/pawlowski-and-mastrilli/id1317908108?mt=8\" target=\"_blank\" rel=\"noopener noreferrer\"><img src=\"/wp-content/uploads/2018/04/apple-store.png\" alt=\"iPhone App Link\" title=\"iPhone App\" /></a> \r\n\r\n<a class=\"mcAppLink\" href=\"https://play.google.com/store/apps/details?id=com.PawlowskiRelease\" target=\"_blank\" rel=\"noopener noreferrer\"><img src=\"/wp-content/uploads/2018/04/google-play.png\" alt=\"Android App Link\" title=\"Android App\"/></a>',	'App',	'',	'publish',	'closed',	'closed',	'',	'app',	'',	'',	'2019-12-14 09:26:53',	'2019-12-14 17:26:53',	'',	0,	'https://www.megajustice.com/?page_id=2279',	501,	'page',	'',	0),
(2295,	1,	'2018-04-10 11:04:19',	'2018-04-10 18:04:19',	'',	'apple-store',	'',	'inherit',	'closed',	'closed',	'',	'apple-store',	'',	'',	'2018-04-10 11:04:19',	'2018-04-10 18:04:19',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/04/apple-store.png',	0,	'attachment',	'image/png',	0),
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(2455,	1,	'2018-07-16 09:21:21',	'2018-07-16 16:21:21',	'',	'matt-mincone',	'',	'inherit',	'closed',	'closed',	'',	'matt-mincone-2',	'',	'',	'2018-07-16 09:21:21',	'2018-07-16 16:21:21',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/07/matt-mincone.jpg',	0,	'attachment',	'image/jpeg',	0),
(2472,	1,	'2015-09-02 15:35:03',	'2015-09-02 22:35:03',	'<h1>Tampa Injury &amp; Accident Lawyers</h1>\r\nThe Pawlowski//Mastrilli Law Group is a full-service law firm, that has been fighting for the injured and accused for over 25 years. The largest area of our practice is personal injury, specializing in car accidents. We are diligent and aggressive in our representation of you, and we understand what it takes to get results. We focus on providing quality legal representation and recognize your case as a unique and personal experience for you. Regardless of the type of charges you may be facing or circumstances of your injuries; you will be treated with respect, compassion, and receive high caliber legal representation. We are relentless in our pursuit for you to be awarded the full value of your case.\r\n\r\nContact our experienced Tampa lawyers today. Our experienced legal team offers free initial consultations on any legal matter.\r\n\r\n[nc_read_more action=open]\r\n<h2>Personal Injury &amp; Auto Accidents</h2>\r\nIf you or a loved one was injured due to another party’s negligence, carelessness, or wrongdoing, we will fight aggressively to get you the compensation that you are entitled to. The Pawlowski//Mastrilli Law Group has attorneys and legal staff that are experienced in a wide range of personal injury cases including physical and psychological injury resulting from dog bites, workplace injury, medical malpractice, intentional tort (assault), public liability (slip and fall), and product liability. We have a policy never to settle a case for less than what you deserve, and we are prepared to go to trial for you if necessary. In fact, our motto is that, as an injury victim, you should only settle for more, not less. Our Tampa injury &amp; accident lawyers pride ourselves on the quality of our legal work to deliver the representation that you are entitled to.\r\n\r\nThere are dozens of ways that injuries occur in our state. No matter the cause of your accident or the type of injury from which you are suffering, we can help. Our personal injury practice areas include:\r\n<ul>\r\n 	<li><strong>Dog bite claims. </strong>A dog bite can leave you with serious injuries, both physical and psychological, as well as questions about liability and how you will recover financially from your losses. We can help you to understand Florida’s dog bite laws, and recover the money you deserve.</li>\r\n 	<li><strong>Medical malpractice. </strong>Doctors and other medical professionals in our state have a duty to exercise a high degree of care when treating patients. If this duty of care is breached and you suffer harm, you can hold your doctor liable for all of your damages.</li>\r\n 	<li><strong>Car accidents. </strong>Car accidents are one of the most common causes of injuries in the city of Tampa. If you are in a car accident, we can assist you in navigating Florida’s no-fault system, as well as stepping outside of that system in the event that your injuries are severe.</li>\r\n 	<li><strong>Pedestrian, bicycle, and motorcycle accidents. </strong>When a car hits a cyclists, pedestrian, or bicycle, the injuries that are sustained are usually very serious, and may even be fatal. We believe that those hit by cars should recover every penny that they deserve, and work hard to achieve this goal.</li>\r\n 	<li><strong>Boating accidents. </strong>Boating is a common pastime in Florida, but also poses a risk of injuries, including drowning. If negligence plays a role in a boating accident, we will advocate for your rights to compensation.</li>\r\n 	<li><strong>Premises liability cases. </strong>All property owners in the state of Florida have a duty to ensure that their properties are safe for others; if this duty is neglected and someone gets hurt - i.e. a slip and fall accident caused by broken stairs - the property owner can be held liable.</li>\r\n 	<li><strong>Product liability cases. </strong>Just like proper owners, manufacturers of products also have a duty to ensure that their products are safe for use. If a product is defectively designed or manufactured, such as a toaster with an electrical short, a consumer can get injured. The manufacturer of the defective product is responsible for ensuring that a consumer is compensated for their injuries and losses.</li>\r\n</ul>\r\n<h2>Damages Recoverable in a Tampa Injury Claim</h2>\r\nAt The Pawlowski//Mastrilli Law Group, an experienced Tampa injury lawyer will make sure that you get your full compensation amount when you choose to work with us. We investigate all aspects of your accident, ranging from what happened and who is to blame, to the extent of damages you have suffered and may suffer in the future. Then, we build a claim and negotiate for a settlement amount that addresses your losses. We work hard to get you compensation for the following types of damages:\r\n<ul>\r\n 	<li>Medical expenses;</li>\r\n 	<li>Future medical expenses or costs of treatment or care;</li>\r\n 	<li>Lost wages and future lost wages;</li>\r\n 	<li>Pain;</li>\r\n 	<li>Suffering;</li>\r\n 	<li>Emotional anguish;</li>\r\n 	<li>Diminished quality of life; and</li>\r\n 	<li>Disability and disfigurement.</li>\r\n</ul>\r\nIf you have suffered another loss types in addition to those listed above, such as property damage, we will help to you recover these, too.\r\n\r\nUnderstanding that mobility may be difficult when suffering or recovering from an injury, we are able to meet you in your home and hospital any day of the week. We have the ability to serve the following counties: Hillsborough, Pinellas, Polk, Manatee, Hardee, Sarasota, DeSoto, Pasco, Hernando, Citrus, and Sumter. Our Tampa accident lawyers and legal team treat you with respect and your case with a sense of urgency from the moment you call our firm, and we pride ourselves on that.\r\n<h2>Criminal Defense</h2>\r\nIf you or a loved one has been accused of a crime, we will do everything in our power to protect your rights and, when possible, get the charges against you dismissed or reduced. We will aggressively fight for you and ensure you get the justice and representation you deserve. We help clients defend against any type of arrest or charge, with specialization in DUI and drug offenses. We opened our offices more than 20 years ago because we wanted to dedicate our practice to helping people seek justice. We take pride in treating our clients with compassion and respect. Regardless of the type of charges you may be facing or circumstances; you will be treated with respect, with a non-judgmental approach. Through the progression of your case you will benefit from high caliber legal representation. We are relentless in our pursuit of the best possible outcome for our clients. Call The Pawlowski//Mastrilli Law Group’s criminal defense attorneys to represent you.\r\n<h2>Fighting for the accused</h2>\r\nThe Pawlowski // Mastrilli criminal defense attorneys provide a thorough, vigorous defense to clients accused of DUI and DWI, drug charges and all other felonies and misdemeanors. We have attorneys at our firm that are former public defenders and all are exceptionally experienced negotiators and litigators. We will not judge you. We will simply use all of our experience, resources and knowledge of the criminal justice system to provide you with the best possible defense.\r\n\r\nThe Bill of Rights was designed to protect the individual from overreaching law enforcement. In order for the government to prosecute you, it must respect your constitutional rights. Don’t delay calling us, initial case consultations are always free, we are here to fight for you.\r\n<h2>Family Law</h2>\r\nThe Pawlowski//Mastrilli Law Group has been supporting families with legal matters for over 20 years. Most of the family law cases our firm is retained for are divorce. We understand this can be a heightened emotional time in life, and work for your best interest. Our clients also call on us to handle family law matters that range from drafting prenuptial and postnuptial agreements, modifications to a finalized divorce, domestic violence, adoption, paternity, and drafting of living wills, and last will and testaments. At The Pawlowski//Mastrilli Law Group, our family lawyers have a wide range of skills in order to draft and negotiate contracts, pleadings, and other legal documents in addition to litigating contested matters, counseling clients, and resolving disputes. Contact the experienced Tampa family lawyers of The Pawlowski//Mastrilli Law Group, we can help.\r\n\r\n[nc_read_more action=close]\r\n\r\n[nc_read_more action=btn]',	'Home',	'',	'publish',	'closed',	'closed',	'',	'home',	'',	'',	'2023-07-24 21:51:00',	'2023-07-25 04:51:00',	'',	0,	'http://www.megajustice.com.php54-1.dfw1-2.websitetestlink.com/home/',	1,	'page',	'',	0),
(2473,	1,	'2015-09-02 15:35:03',	'2015-09-02 22:35:03',	'<h1>Contact</h1>\r\n\r\n',	'Contact Us',	'',	'publish',	'closed',	'closed',	'',	'contact-us',	'',	'',	'2020-04-07 08:10:24',	'2020-04-07 15:10:24',	'',	0,	'http://www.megajustice.com.php54-1.dfw1-2.websitetestlink.com/contact-us/',	28,	'page',	'',	0),
(2474,	1,	'2015-09-02 15:35:03',	'2015-09-02 22:35:03',	'<h1>Disclaimer</h1>\r\n\r\n<p>The information and materials on this Web site are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.</p>',	'Disclaimer',	'',	'publish',	'closed',	'closed',	'',	'disclaimer',	'',	'',	'2020-04-07 08:10:24',	'2020-04-07 15:10:24',	'',	0,	'http://www.megajustice.com.php54-1.dfw1-2.websitetestlink.com/disclaimer/',	29,	'page',	'',	0),
(2475,	1,	'2015-09-02 15:35:03',	'2015-09-02 22:35:03',	'<h1>Thank You</h1>\r\n\r\n<p>Your form has been submitted.</p>',	'Thank You',	'',	'publish',	'closed',	'closed',	'',	'thank-you',	'',	'',	'2019-09-09 09:39:11',	'2019-09-09 16:39:11',	'',	0,	'http://www.megajustice.com.php54-1.dfw1-2.websitetestlink.com/thank-you/',	40,	'page',	'',	0),
(2476,	1,	'2015-09-02 15:35:03',	'2015-09-02 22:35:03',	'',	'Site Map',	'',	'publish',	'closed',	'closed',	'',	'site-map',	'',	'',	'2015-09-02 15:35:03',	'2015-09-02 22:35:03',	'',	0,	'http://www.megajustice.com.php54-1.dfw1-2.websitetestlink.com/site-map/',	50,	'page',	'',	0),
(2555,	1,	'2018-09-17 16:48:09',	'2018-09-17 23:48:09',	'<h1>Tampa Child Support Lawyer</h1>\r\n\r\nTo one extent or another, a divorce is almost always a financial hardship on both parties. Some bounce back almost immediately, some never recover at all, and most are somewhere in between. Florida lawmakers do not want this financial hardship to extend to the children. So, Florida is an income share state which calculates both parents’ income then divides the obligation proportionally. These numbers are in a near-constant state of flux, so Tampa child support orders usually need to be revised frequently.\r\n\r\nThe assertive <strong>Tampa child support lawyers</strong> at The Pawlowski//Mastrilli Law Group protect your legal and financial rights throughout this process. During the initial determination phase, our detail-oriented attorneys precisely calculate your obligation and ensure that the paperwork reflects that outcome. Later, during the modification process, we ensure that the obligation remains fair and that your children continue to be taken care of.\r\n\r\n<h2>Setting Child Support in Hillsborough County</h2>\r\n\r\nIn Florida, this process is extremely detail-oriented and also very complex. The child support guidelines, which are presumptively reasonable, basically consider the income of both Father and Mother and then divide the obligation proportionally based on the amount of parenting time. The goal is for the children to enjoy the same standard of living at each house that they would have had if their parents remained married.\r\n\r\nTo calculate the guideline amount, the court considers:\r\n\r\n<ul>\r\n 	<li><p><strong>Financial Affidavits</strong>: The definition of “income” is rather expansive. It includes cash and noncash direct and indirect income. Similarly, not every expense item is allowable in this context. Basically, the category is limited to involuntary deductions and health insurance premiums.</p></li>\r\n 	<li><p><strong>Guideline Worksheet</strong>: This step accounts for other children whom the parent has a duty to support. Tampa judges may deviate from the guideline amount by up to 5 percent either way.</p></li>\r\n 	<li><p><strong>Other Expenses</strong>: Healthcare premiums, daycare expenses, and private school tuition are the three most common items in this category. Obviously, the parties must agree on the type of policy, identity of the private school, and so on. Then, the parents can divide these expenses in a number of ways.</p></li>\r\n</ul>\r\n\r\nFlorida judges may disregard the guidelines in a few cases, but there must be very, very strong evidence that the guideline amount is totally unreasonable. Such evidence is quite rare.\r\n\r\n<h2>Modifying Child Support in Tampa</h2>\r\n\r\nIncome-based modifications are quite common, as most people change jobs every few years. Moreover, most people go through annual salary reviews. If the new income is more than 15 percent different from the old income, the judge will change the child support obligation, often without a hearing.\r\n\r\nOther Florida child support modifications are based on changed expenses. Kids grow up and no longer need daycare, insurance plans get more expensive or less expensive (usually the former), and so on. If the change is material and substantial, the Tampa judge will adjust the child support obligation accordingly.\r\n\r\nTimesharing-based changes also require a material and substantial change in circumstances. The original calculation assumes a certain number of overnights for the residential parent and a certain number for the non-residential parent. If the division changes significantly, and the judge has a great deal of discretion here, Florida law requires a child support modification.\r\n\r\n<h2>Reach Out to Aggressive Lawyers</h2>\r\n\r\nThe best interests of the children is the controlling factor in all child support matters, but parents also have legal and financial rights. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. Convenient payment plans are available.',	'Tampa Child Support Lawyer',	'',	'publish',	'closed',	'closed',	'',	'child-support',	'',	'',	'2019-12-30 14:09:08',	'2019-12-30 22:09:08',	'',	427,	'https://www.megajustice.com/?page_id=2555',	0,	'page',	'',	0),
(2609,	1,	'2018-09-17 17:05:59',	'2018-09-18 00:05:59',	'<h1>Tampa Uncontested Divorce Lawyer</h1>\r\n\r\nDivorce is no picnic, but that does not mean that it has to be complicated. In rare instances, the parties of divorce agree to just about everything, including how to divide marital assets, who is liable for certain debts, whether or not alimony is necessary and, if so, how much, and, if applicable, how much custody each parent gets. This type of separation is referred to as an uncontested divorce.\r\n\r\nUncontested divorces are easier, less emotionally draining, and cheaper. If you and your spouse want to achieve an uncontested divorce, you do not have to agree to everything right now—you just need to be willing to compromise throughout the divorce process. The <strong>Tampa uncontested divorce lawyers</strong> at The Pawlowski//Mastrilli Law Group can help you work through what issues you do have and come to an agreement so that you may transition from married life to single life with as little headache as possible.\r\n\r\n<h2>The Benefits of an Uncontested Divorce</h2>\r\n\r\nThere are several benefits to an uncontested divorce, two of which are time and money. If you and your spouse can agree on ALL issues pertaining to your divorce, then you may be able to resolve your divorce without ever stepping into a courtroom. If you have just a few minor issues that you need to work out, a skilled attorney can help you negotiate and come to an agreement again, without ever needing to go to court. By avoiding litigation, you can save on both attorney fees and court costs, which tend to add up in the standard contested divorce case.\r\n\r\n<h2>Residency Requirements</h2>\r\n\r\nNot just anyone can drive to Florida to obtain an uncontested divorce. In order to qualify for an uncontested divorce in Tampa, you or your spouse must have resided in Florida for at least six months prior to filing your petition for divorce. Of course, there are exceptions for service men and women. If you and your spouse got married in Florida but have since relocated because of your military service, you may still be entitled to an uncontested divorce under Florida law.\r\n\r\n<h2>How an Uncontested Divorce Works</h2>\r\n\r\nAn uncontested divorce requires little time or effort on your part. All you and your spouse have to do is show up for your consultation in which we will discuss your proposed agreement and go through any changes we must make for legal reasons. After that meeting, a member of our team will draft your legal documents and send them to you so that they can be signed and notarized. You will return the documents and, upon receipt, one of our attorneys will file them with the Clerk of Court’s office. Within four to six weeks of filing, you, your spouse, and one of our lawyers will attend a hearing during which a judge will hand down the final decree. If everything is done according to legal standards, you should not have a problem obtaining your divorce.\r\n\r\n<h2>Reach Out to Our Uncontested Divorce Lawyers Today</h2>\r\n\r\nEven if you and your spouse agree on all aspects of your divorce, you should still retain the help and advice of a knowledgeable uncontested divorce lawyer in Tampa. The law is complex, and if even one aspect of your proposed settlement is unfair, the judge will deny your request for divorce and force you to go through a regular, contested divorce. You can avoid this entirely by working with an experienced attorney from the get-go. Contact The Pawlowski//Mastrilli Law Group to discuss your case and legal options today.',	'Tampa Uncontested Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'uncontested-divorce',	'',	'',	'2019-12-30 14:16:56',	'2019-12-30 22:16:56',	'',	427,	'https://www.megajustice.com/?page_id=2609',	0,	'page',	'',	0),
(2612,	1,	'2018-09-05 14:06:19',	'2018-09-05 21:06:19',	'<h1>Tampa Personal Injury &amp; Auto Accident FAQ</h1>\r\n\r\n[vimeo id=377116536]\r\n\r\n<h2>How do I know if I have a personal injury case?</h2>\r\n\r\nFirst, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else\'s fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit — some personal injury claims can be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person\'s action caused you actual physical harm, but only that you expected some harm to come to you. Similarly, you also may have a case if someone has caused injury to your reputation, invaded your privacy or intentionally inflicted emotional distress upon you.\r\n\r\n<h2>How soon after I am injured do I have to file a lawsuit?</h2>\r\n\r\nThe state of Florida has certain time limits, called \"statutes of limitations,\" which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you may lose your legal right damages for your injury. Consequently, it is important to contact a lawyer as soon as you suffer or discover an injury.\r\n\r\n<h2>What should I bring with me for my meeting with my lawyer from The Pawlowski//Mastrilli Law Group?</h2>\r\n\r\nYou should provide our team with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding the event from which your claim arises. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, damaged property and your injuries. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven\'t collected any documents at the time of your first meeting, however, don\'t worry; our team will be able to obtain them in the investigation of your claim.\r\n\r\n<h2>How long will it take to bring my auto accident case to a conclusion?</h2>\r\n\r\nThe complexity of the accident as well as the particular injuries sustained will determine the time frame of the outcome. We resolve our client\'s cases based on an understanding of their current and future medical conditions. Once our law firm becomes involved, the average car or auto accident case is resolved within eight to twelve months but often less.\r\n\r\n<h2>What if the victim of an accident dies before bringing a personal injury lawsuit?</h2>\r\n\r\nIf a person injured in an accident subsequently dies because of those injuries, that person\'s heirs may typically recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person\'s estate.\r\n\r\n<h2>What is the definition of \"negligence?\"</h2>\r\n\r\nThe critical issue in many personal injury cases is just how a \"reasonable person\" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an \"ordinary reasonable person\" would have acted. The determination of whether a given person has met the \"ordinary reasonable person\" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.\r\n\r\n<h2>Is there any other basis for personal injury liability besides negligence?</h2>\r\n\r\nYes. Some people or companies may be held \"strictly liable\" for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this principle, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was negligent. Also, persons or companies engaged in using explosives, dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.\r\n\r\n<h2>Will the person who caused my injury be punished?</h2>\r\n\r\nNot in the traditional sense that they would be entered into the penal system. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called \"punitive damages,\" which are designed to punish defendants who have behaved recklessly or intentionally against the public\'s interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.\r\n\r\n<h2>Does my auto insurance cover my motorcycle accident?</h2>\r\n\r\nMany motorcycle owners believe that they will be covered by their automobile insurance if they are involved in an accident. Unfortunately, this is not the case. In the state of Florida, insurance is not required for the owner and rider of a motorcycle. Furthermore, the PIP coverage a motorcycle owner may have on his car will not cover the owner if injured on a motorcycle.',	'Tampa Personal Injury & Auto Accident FAQ',	'',	'publish',	'closed',	'closed',	'',	'tampa-personal-injury-car-accident-faqs',	'',	'',	'2020-04-07 08:50:44',	'2020-04-07 15:50:44',	'',	0,	'http://megajustice.view-live.com/?page_id=2612',	8,	'page',	'',	0),
(2627,	1,	'2018-09-17 17:26:54',	'2018-09-18 00:26:54',	'<h1>Tampa LGBTQ Same Sex Divorce Lawyer</h1>\r\n\r\nThough the legality of same sex marriage is still in its infancy, many brave pioneers of the movement are enjoying a beautiful life in holy matrimony. But because this type of union is relatively new, judges in our legal system have very little precedent or guidance on how to rule in same sex divorce cases. Needless to say, the statutes were constructed to benefit the union of a man and a woman. As a result, same sex couples are faced with a unique set of circumstances when seeking a divorce. For example, an article on CNBC pointed out that parental rights with same sex couples are vague and need to be more specific.\r\n\r\nFortunately, our firm is one of the few that can help answer any of your questions. Due to the fact that divorce in the LGBTQ community will present so many challenges, you will want a <strong>Tampa LGBTQ same sex divorce lawyer</strong> who has experience in same sex divorce.\r\n\r\n<h2>The Divorce Rate in the LGBTQ Community is the Only Thing Equal</h2>\r\n\r\nAt the end of the day, people are people. One’s sexual orientation, race, or gender does not make him or her better than anyone else. And since people are people, the divorce rate among same sex couples is trending at comparable rates with heterosexuals.\r\n\r\nIn 2011, a study was conducted for states that had available data reported on the dissolution rates of same sex couples. At the time, the study indicated the rates were slightly lower than heterosexual couples. However, it was found there was an error capturing the information at the beginning of study, so corrected figures found that the divorce rate was the same. As time progresses, more accurate statistics will become available.\r\n\r\nIn the state of Florida, there are residency requirements that must be met in order to get a divorce. One of the spouses must have lived in the state for at least six months. The party who wants the divorce must file in the county where either or both parties reside. It must be proven that the relationship is irreversibly broken or one of the spouses is incapacitated mentally.\r\n\r\nThe process can be complicated. You deserve to be treated impartially in the unfortunate event of a divorce. Our firm has considerable experience dealing with such matters and is eager to help.\r\n\r\n<h2>Fair and Equitable LGBTQ Same Sex Divorce in Tampa</h2>\r\n\r\nThe full scope of challenges facing same sex couple seeking divorce is yet to be seen. The increase of marriage in the LGBTQ community will be met by the inevitable rise of divorce rates. An experienced LGBTQ divorce lawyer in Tampa will work with you to ascertain how best to proceed. Contact us today at The Pawlowski//Mastrilli Law Group for help with your case.',	'Tampa LGBTQ Same Sex Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'lgbtq-same-sex-divorce',	'',	'',	'2019-12-30 14:12:41',	'2019-12-30 22:12:41',	'',	427,	'https://www.megajustice.com/?page_id=2627',	0,	'page',	'',	0),
(2677,	1,	'2018-09-06 17:55:20',	'2018-09-07 00:55:20',	'',	'dena',	'',	'inherit',	'closed',	'closed',	'',	'dena',	'',	'',	'2018-09-06 17:55:20',	'2018-09-07 00:55:20',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/09/dena.jpg',	0,	'attachment',	'image/jpeg',	0),
(2682,	1,	'2018-09-17 17:00:55',	'2018-09-18 00:00:55',	'<h1>Tampa Divorce Appeals Lawyer</h1>\r\n\r\nFlorida is a no-fault divorce state. So, it is very difficult to challenge the granting of a divorce. However, in the other aspects of a divorce case, such as the property division, judges must scrupulously follow a number of laws and provisions. Furthermore, the evidence presented at trial must support the legal conclusions that the judge makes. Shortcomings in either area are grounds for appeal at multiple levels.\r\n\r\nAt The Pawlowski//Mastrilli Law Group, our experienced <strong>Tampa divorce appeals lawyers</strong> are well-familiar with all these complex family laws. We quickly spot any intentional or unintentional judicial area. Then, we take immediate action to preserve your rights. At the same time, we are very diligent in the evidence we present. We always work to ensure that the judge’s conclusions are tied to solid evidence. That way, the verdict we obtain will withstand the scrutiny of a higher court.\r\n\r\n<h2>General Magistrate Appeals</h2>\r\n\r\nNon-judge judges are very common in many counties, especially larger jurisdictions like Hillsborough County or Pinellas County. Essentially, the general magistrate is an associate judge who hears preliminary matters, discovery disputes, and other non-final hearings. Sometimes, general magistrates are well-versed in family law. But other times, general magistrates have less experience than the attorneys who argue cases before them.\r\n\r\nIf a general magistrate does not follow the proper law, an aggrieved party may file a notice of appeal within ten days. The Circuit Court judge will then consider the matter. If the appeal has a legitimate basis, the judge could either decide the matter or send the case back to the general magistrate with specific instructions.\r\n\r\nIt may also be possible to reconsider a general magistrate’s decision if new evidence comes to light. For example, assume the general magistrate awards primary custody to Mother. If the social worker’s report concludes that the children should primarily reside with Father, Father’s attorney may be able to have the general magistrate reconsider the earlier finding.\r\n\r\n<h2>Circuit Court Appeals</h2>\r\n\r\nAs mentioned, it’s very difficult to challenge the divorce itself. Technically, if there is a reasonable expectation of reconciliation, such an action may be successful. But as far as most judges are concerned, the mere fact that one spouse filed a divorce petition and followed through to the end usually means that the marriage is irretrievably broken.\r\n\r\nHowever, when it comes to a failure to follow the law, two general types of appeal are available at this level:\r\n\r\n<ul>\r\n 	<li><p><strong>Motion for Rehearing</strong>: This motion is essentially a second-chance trial. Everyone has a bad day from time to time. If the judge made a clear error (e.g. not counting all income in a child support calculation), a motion for rehearing may be successful. In most other cases, however, it is a long shot.</p></li>\r\n 	<li><p><strong>Traditional Appeal</strong>: If the motion for rehearing is denied, either party may appeal the case to the appropriate Florida District Court of Appeal within 30 days. These courts may overturn erroneous conclusions of law. However, they may not consider any new evidence.</p></li>\r\n 	<li><p><strong>Motion for Relief from Judgement</strong>: If the 30 days have elapsed or there is new evidence which is extremely compelling, a motion for relief from judgement may be successful. However, these motions are difficult to win.</p></li>\r\n</ul>\r\n\r\nMany times, a higher court will not reverse a judgment. Instead, the court will send the case back to the lower court for a retrial. Such outcomes are especially common if someone filed a motion for relief from judgement.\r\n\r\n<h2>Reach Out to Competent Lawyers</h2>\r\n\r\nEven if the judge’s gavel falls, the Florida divorce may not be over. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. We are available 24/7/365.',	'Tampa Divorce Appeals Lawyer',	'',	'publish',	'closed',	'closed',	'',	'divorce-appeals',	'',	'',	'2019-12-30 14:10:54',	'2019-12-30 22:10:54',	'',	427,	'https://www.megajustice.com/?page_id=2545',	0,	'page',	'',	0),
(2683,	1,	'2018-09-17 16:44:20',	'2018-09-17 23:44:20',	'<h1>Tampa Prenuptial Agreement Lawyer</h1>\r\n\r\nAlthough many couples shy away from entering into prenuptial agreements, the fact remains that these types of contracts are one of the best ways to ensure that a couple’s assets and property are divided fairly in the event of a marriage’s dissolution. However, prenuptial agreements won’t be considered legally binding unless they fulfill certain requirements, so if you are preparing for marriage and are thinking about entering into a prenuptial agreement with your significant other, it is important to speak with an experienced <strong>Tampa prenuptial agreement lawyer</strong> who can ensure that your agreement is enforceable and won’t be thrown out by the court.\r\n\r\n<h2>Ensuring that a Prenuptial Agreement is Enforceable</h2>\r\n\r\nIn order to be considered valid and enforceable, all prenuptial agreements in Florida must be signed by both parties and recorded in writing. Both parties must also be represented by independent legal counsel, given sufficient time to read the entire agreement, and be given all relevant information about each other’s assets and liabilities. Portions of prenuptial agreements can also be declared invalid if they include prohibited information. For instance, child custody-related issues cannot be included in prenuptial agreements, so if topics related to time sharing or child support are included in the agreement, the court can strike these provisions.\r\n\r\nIt is also possible for an entire agreement to be thrown out. This is a common consequence when it is determined that one of the parties was forced to sign the agreement under duress or didn’t have the mental capacity to enter into a legally binding contract in the first place.\r\n\r\n<h2>When to Execute a Prenuptial Agreement</h2>\r\n\r\nIt’s almost always a good idea for couples to enter into prenuptial agreements before their weddings. However, it is especially important for couples in specific situations to consider drafting a prenuptial agreement. For instance, Florida residents who own businesses are strongly encouraged to create a prenuptial agreement, as these contracts give the parties the option of labeling any existing or future business interests as one spouse’s separate property.\r\n\r\nCouples who anticipate moving to another state should also consider drawing up and signing a prenuptial agreement. This is because the laws governing how assets are divided upon divorce vary by state, so couples who enter into these agreements are able to make sure that their assets are divided and distributed in a specific way regardless of what state law requires.\r\n\r\nFinally, those who have children from a previous marriage should consider contacting an attorney about drafting a prenuptial agreement, as these contracts can ensure that, in the event of divorce or the parent’s death, the children are not disinherited. Instead, the parties can draft the agreement in such a way that the other spouse’s right to inherit certain assets is waived and the children from a prior union will receive at least a portion of their parent’s estate.\r\n\r\n<h2>Contact an Experienced Tampa Prenuptial Agreement Lawyer Today</h2>\r\n\r\nTo speak with an experienced prenuptial agreement lawyer about the advantages and disadvantages of entering into this type of contract, please call The Pawlowski//Mastrilli Law Group at 813-242-4404. A member of our legal team is available to answer your questions and concerns 24 hours a day, seven days a week.',	'Tampa Prenuptial Agreement Lawyer',	'',	'publish',	'closed',	'closed',	'',	'prenuptial-agreements',	'',	'',	'2021-10-04 17:24:52',	'2021-10-05 00:24:52',	'',	427,	'https://www.megajustice.com/?page_id=2557',	0,	'page',	'',	0),
(2684,	1,	'2018-09-17 17:01:44',	'2018-09-18 00:01:44',	'<h1>Tampa Collaborative Divorce Lawyer</h1>\r\n\r\nThe end of fault-based divorce made most family law proceedings much more civil. Husbands and wives no longer had to “air their dirty laundry” for everyone to see. Furthermore, there was no need to attack the other spouse as viciously. However, the adversarial model remains in place, as it does in all American court cases. Some people yearn for a different way that does not just minimize conflict. There must be a method, they reason, that eliminates that discord altogether.\r\n\r\nIn many cases, that method is collaborative law. The professionals at The Pawlowski//Mastrilli Law Group are among the few family law attorneys in Hillsborough County that are certified to provide <strong>Tampa collaborative divorce services</strong>. Even fewer lawyers have more than cursory experience in this area, and our attorneys belong to this group as well. This knowledge and experience helps us streamline a streamlined process even further without sacrificing your legal and financial rights.\r\n\r\n<h2>What Is Collaborative Law?</h2>\r\n\r\nAll family law litigation, even if it’s resolved by agreement or through mediation, begins with a separate petition and an answer. That’s essentially like placing two boxers in two corners of the ring. Even in reasonably amicable cases, some conflict is almost inevitable due to the nature of the proceeding.\r\n\r\nBut collaborative law is different. Instead of a separate petition and answer, the parties file a joint statement of intent to pursue collaborative law. Instead of boxers in their corners, the setup is more like politicians at a summit meeting. Serious disagreements may still arise, but the system is designed to end such conflicts and not create them. Furthermore, the collaborative law statement usually contains a joint commitment to avoid such conflict if at all possible.\r\n\r\nNext, instead of filing more paperwork or attending a court hearing, the parties immediately retire to the negotiating room. Over the course of the next several months, they mutually work out agreements in areas like:\r\n\r\n<ul>\r\n 	<li>Parenting time,</li>\r\n 	<li>Spousal support,</li>\r\n 	<li>Property division, and</li>\r\n 	<li>Child support.</li>\r\n</ul>\r\n\r\nIf there is a need for outside professionals, such as a real estate appraiser or a child psychologist, the parties agree on one person and divide the cost proportionally.\r\n\r\nCollaborative law is almost always successful. Plus, the collaborative law process is usually not as time-consuming as the litigation process. In the unlikely event that things do not work out, the parties must retain new counsel and start over at the beginning.\r\n\r\n<h2>Is Collaborative Law Right for Us?</h2>\r\n\r\nThis process is something like ongoing mediation. But mediation is part of the litigation process, and collaborative law is a litigation alternative.\r\n\r\nThere must be a high level of trust between the soon-to-be-ex spouses. Furthermore, since they will be spending lots of time in the same room, they must at least be civil towards one another. Perhaps most importantly, each spouse must be willing to make sacrifices for the collective good. That could mean giving up some of your rights and giving them to the other spouse.\r\n\r\nIf you are not completely on board with the collaborative law process, it will not work and will be a waste of time and money for everyone. There is no shame in admitting that collaborative law is not right for you. The only shame is in making a half-hearted attempt.\r\n\r\n<h2>Connect With Experienced Tampa Collaborative Divorce Lawyers</h2>\r\n\r\nCollaborative law is available in Florida. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. We routinely handle matters in Hillsborough County and nearby jurisdictions.',	'Tampa Collaborative Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'collaborative-divorce',	'',	'',	'2019-12-30 14:09:49',	'2019-12-30 22:09:49',	'',	427,	'https://www.megajustice.com/?page_id=2560',	0,	'page',	'',	0),
(2685,	1,	'2018-09-17 16:49:21',	'2018-09-17 23:49:21',	'<h1>Tampa Contested Divorce Lawyer</h1>\r\n\r\nMost divorce litigants agree on broad issues. But as they say, the devil is in the details. When it comes to specific questions, like property division and parenting time splits, disagreements are the norm. So, if the family law case includes any minor children and any property (or any debts), at least some conflict is inevitable. That’s when the contested divorce process kicks in.\r\n\r\nAt The Pawlowski//Mastrilli Law Group, our <strong>Tampa contested divorce lawyers</strong> have years of experience in Hillsborough County family law matters. We use proven methods to approach these issues. Then, our detail-oriented professionals ensure that the final paperwork matches the agreements between the parties and/or the judge’s order. Through the entire process, we give you solid advice as to when to compromise and when to stand your ground.\r\n\r\n<h2>The Temporary Hearing in Tampa</h2>\r\n\r\nAfter the petitioner and respondent file their petition and answers, the judge usually holds a temporary hearing to determine interim support, temporary parenting timeshare arrangements, and so on.\r\n\r\nThe decisions made at this hearing often form the blueprint for the final orders. Child custody is a good example. Tampa judges favor the status quo in this area. If the current arrangement is working reasonably well, they are very likely to make it permanent. That’s especially true since, in most cases, the same judge who issued the temporary orders will also sign the final decree. No one likes to admit that they were wrong.\r\n\r\nEvidence could come up during the discovery process to change the judge’s mind. But such evidence must be essentially overwhelming to bring about radical change. So, assertive representation at the temporary hearing is often the key to a successful outcome in a divorce proceeding. If we have sufficient lead time to draft proposed temporary orders that favor our clients’ positions, that’s even better.\r\n\r\n<h2>The Divorce Discovery Process in Hillsborough County</h2>\r\n\r\nDuring discovery, the parties exchange information regarding the issues in the case. That usually means financial documents, school report cards, and other data that’s relevant to child custody or property division. Discovery often includes party and witness depositions as well. This court-supervised process helps prevent “trial by ambush” and helps to ensure a more equitable outcome.\r\n\r\nFlorida divorce discovery has an additional component. If there are children involved, Tampa judges usually order social services investigations. A licensed social worker investigates both households; this person also interviews the children, parents, and other interested parties. Then, the social worker makes recommendations to the court. As mentioned earlier, a favorable (or unfavorable) social investigation is one of the few ways to alter a temporary custody arrangement.\r\n\r\n<h2>Resolving a Florida Contested Divorce</h2>\r\n\r\nMost cases settle either through informal or formal mediation. The attorneys for each side usually engage in ongoing and informal settlement negotiations. Sometimes these negotiations quickly bear fruit, sometimes a case settles almost literally on the courthouse steps, and sometimes there is no agreed resolution at all. Formal mediation usually involves a neutral third party who is typically a disinterested Tampa family law attorney or a retired judge. This person reviews the case, hears from both sides, then tries to facilitate a settlement.\r\n\r\nIf the case goes to trial, the property distribution must be a just and right division of the estate and child custody orders must be in the best interests of the children. The parties must usually establish their points by a preponderance of the evidence (more likely than not).\r\n\r\n<h2>Work With Tenacious Lawyers</h2>\r\n\r\nAlmost all divorce proceedings involve at least some elements of a contested case. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. After-hours and offsite appointments are available.',	'Tampa Contested Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'contested-divorce',	'',	'',	'2019-12-30 14:10:14',	'2019-12-30 22:10:14',	'',	427,	'https://www.megajustice.com/?page_id=2562',	0,	'page',	'',	0),
(2686,	1,	'2018-09-17 16:58:09',	'2018-09-17 23:58:09',	'<h1>Tampa Fathers’ Rights Lawyer</h1>\r\n\r\nOver the years, the pendulum has swung back and forth between the parents in family law proceedings. Until the early 1800s, mothers had essentially no rights in a divorce case, as they had very few rights in any area of law. Over the next hundred years, the pendulum swung radically in favor of mothers. Many courts adhered to the “tender years” doctrine which resulted in the children of divorce always going with the mother, usually with no questions asked.\r\n\r\nAt The Pawlowski//Mastrilli Law Group, our <strong>Tampa fathers\' rights lawyers</strong> are deeply concerned with the rights of both parents in a divorce case that includes minor children. Divorce is not a contest to determine which parent is “better.” Instead, this procedure is about the best interests of the children. Florida law contains a presumption that children are better off when they have consistent and meaningful contact with both parents. We try hard every day to bring about such a result for our clients who are also fathers.\r\n\r\n<h2>Florida’s Court System</h2>\r\n\r\nThe “tender years” doctrine is gone, but its shadow remains. Especially with regard to youngsters, there is still a presumption that fathers are unable to take care of these children. This presumption is far from conclusive. However, it does mean that, in many Hillsborough County cases, fathers start at a disadvantage.\r\n\r\nTo deal with this inequity, we bypass the court system through mediation. This procedure is highly successful, usually because both litigants recognize the value of the three Cs:\r\n\r\n<ul>\r\n 	<li><p><strong>Cost</strong>: According to the Department of Justice, mediation and other forms of alternative dispute resolution save millions of dollars a year in attorneys’ fees and shave thousands of hours off the divorce process.</p></li>\r\n 	<li><p><strong>Civility</strong>: Trials are public forums wherein each side attacks the other one in order to shore up their own positions. Mediation is a private forum wherein both parents work together to achieve a resolution. Mediation is a very good vehicle when it comes to promoting co-parenting, which is one of the underlying goals of the fathers’ rights movement.</p></li>\r\n 	<li><p><strong>Control</strong>: Parties are less likely to violate agreements which they had a hand in creating. For example, a mother may hesitate to share parenting time if such an arrangement is court-ordered. However, if she agreed to the plan, she obviously sees the benefits of such an arrangement.</p></li>\r\n</ul>\r\n\r\nMost Tampa judges order contested cases to mediation, mostly because it works so well.\r\n\r\n<h2>Shared Parenting Time</h2>\r\n\r\nSome child psychologists still believe that children of divorce should “live” with one parent and “visit” the other one. Yet there is a growing body of evidence that this traditional model is simply not best for the children.\r\n\r\nSo, at The Pawlowski//Mastrilli Law Group, we encourage innovative solutions whenever possible. The “empty nest”arrangement is quite successful in many situations. Instead of the children moving between houses, the parents exchange houses every week or every other week. This model minimizes disruption to the children and maximizes parenting time for each parent.\r\n\r\nWe also work to make child support obligations reflective of this shared parenting arrangement. Support payments should be based on what is best for the children, and on nothing else.\r\n\r\n<h2>Connect With Experienced Lawyers</h2>\r\n\r\nFathers have rights in family court, but a lawyer must fight to preserve these rights. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. We routinely handle matters in Hillsborough County and nearby jurisdictions.',	'Tampa Fathers’ Rights Lawyer',	'',	'publish',	'closed',	'closed',	'',	'fathers-rights',	'',	'',	'2019-12-30 14:12:01',	'2019-12-30 22:12:01',	'',	427,	'https://www.megajustice.com/?page_id=2565',	0,	'page',	'',	0),
(2687,	1,	'2018-09-17 17:02:57',	'2018-09-18 00:02:57',	'<h1>Tampa Child Custody Lawyer</h1>\r\n\r\nThe term “child custody” has fallen out of favor. Instead, Florida family law uses terms like “parenting time,” “residential parent,” and “non-residential parent.” But the legal workings remain largely the same. These decisions are still based on the best interests of the children. Typically, the parents agree on broad principles but disagree as to the specifics. Tampa child custody laws and procedures are designed to bridge the gap between these two things.\r\n\r\nThe <strong>Tampa child custody lawyers</strong> at The Pawlowski//Mastrilli Law Group always strive to keep families as intact as possible. While it’s clearly not always possible for husbands and wives to live together, it is almost always possible for mothers and fathers to co-parent. To meet this goal, there are a number of options available, and courts usually approve any modifications that are in the children’s best interests. We always work toward sustainable solutions that help your children grow up in a positive emotional environment.\r\n\r\n<h2>Parenting Time Arrangements in Tampa</h2>\r\n\r\nThe daily time-sharing schedule is the most important part of Florida parenting plans. Whether they admit it or not, children need scheduling and structure. At the same time, busy parents who are managing separate households and separate lives need flexibility. So, there are basically four weekday time-sharing plans:\r\n\r\n<ul>\r\n 	<li><p><strong>50/50</strong>: The children spend every other week with each parent. This arrangement obviously only works if the parents live very close to each other, preferably in the same ZIP code.</p></li>\r\n 	<li><p><strong>60/40</strong>: The children spend Monday afternoon through Friday morning with one parent and every long weekend with the other parent. This model is quite popular with parents who want to maximize their parenting time and also want to live independently from each other.</p></li>\r\n 	<li><p><strong>70/30</strong>: The non-residential parent has child custody from Friday evening through Sunday evening. This plan is good for parents who cannot spend much time with the children, for whatever reason, yet they still want as much contact as possible.</p></li>\r\n 	<li><p><strong>80/20</strong>: The once-mandatory “every other weekend” arrangement has largely fallen out of favor in Florida. The 80/20 split is usually too much time with one parent and not enough time with the other one.</p></li>\r\n</ul>\r\n\r\nAll these time-sharing arrangements usually include a weekday evening visitation. Typically, these schedules also follow an every-other-holiday pattern, except for Mother’s Day and Father’s Day. Usually, the non-residential parent has parenting time for the majority of summer vacation.\r\n\r\n<h2>Child Custody Factors in Florida</h2>\r\n\r\nIf the parents are unable to agree on a time-sharing arrangement and parenting plan, the Tampa judge will assign one based on the factors listed in Section 61.13 of the Florida Statutes. Some of these factors include:\r\n\r\n<ul>\r\n 	<li><p><strong>Child’s Preference</strong>: Florida does not have an age cutoff in this area. In the past, judges have entertained suggestions from children as young as eight or ten and rejected them from children as old as fifteen or seventeen.</p></li>\r\n 	<li><p><strong>Commitment to Co-Parenting</strong>: If a parent is difficult during the divorce proceeding, perhaps because s/he hired a “bulldog” lawyer who is very confrontational, the judge usually assumes that the parent will behave the same way going forward. That conclusion favors the other parent.</p></li>\r\n 	<li><p><strong>Status Quo</strong>: If the current arrangement is working reasonably well, most judges will not make wholesale changes unless there is substantial evidence which suggests that such changes would be good. That could be something like findings of abuse in a social service investigation.</p></li>\r\n</ul>\r\n\r\nOther prominent factors include the physical and moral fitness of each parent as well as each person’s parenting skills, or lack thereof.\r\n\r\n<h2>Reach Out to Dedicated Tampa Child Custody Lawyers</h2>\r\n\r\nChild custody arrangements usually involve a delicate balance between everyone’s interests. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. After-hours appointments are available.',	'Tampa Child Custody Lawyer',	'',	'publish',	'closed',	'closed',	'',	'child-custody',	'',	'',	'2020-01-04 10:00:16',	'2020-01-04 18:00:16',	'',	427,	'https://www.megajustice.com/?page_id=2567',	0,	'page',	'',	0),
(2688,	1,	'2018-09-17 17:00:19',	'2018-09-18 00:00:19',	'<h1>Tampa Modification &amp; Enforcement of Final Judgments Lawyer</h1>\r\n\r\nBefore a court will finalize a divorce, couples with children must have a plan in place that takes into account child support, parenting time, and spousal maintenance arrangements. Some couples are able to come up with their own arrangements through out-of-court settlement negotiations, while others will have a plan created for them by a judge. In either case, these parenting plans are written to apply to the family’s current situation, so it is not uncommon for a family to seek modification of the agreement when the children are older.\r\n\r\nFortunately, Florida law recognizes that as time goes on and children grow up, their needs change, and so permit parents to modify these orders. However, courts are only willing to approve these changes if a petitioner can prove that a substantial change in circumstances has occurred and that the modification is in the child’s best interests. This can be a difficult standard to fulfill, so if you believe that your child support or time sharing arrangement is out of date, it is important to consult with an experienced <strong>Tampa modification &amp; enforcement lawyer </strong>who can walk you through the modification process.\r\n\r\n<h2>What Qualifies as a Substantial Change in Circumstances?</h2>\r\n\r\nFlorida family courts are only willing to modify a child support or time sharing agreement if at least one of the parents can prove that he or she has experienced a significant change in circumstances. Although whether a person’s circumstances qualify as substantial is decided on a case by cases basis, courts have generally approved modification when:\r\n\r\n<ul>\r\n 	<li>One of the parties is suffering from health-related problems that make it impossible to pay spousal maintenance or child support in the agreed upon amount;</li>\r\n 	<li>One of the parties becomes unemployed or retires and is unable to pay child support at the current rate;</li>\r\n 	<li>One of the parties remarries or has another child;</li>\r\n 	<li>One of the parties must relocate for employment purposes; or</li>\r\n 	<li>One of the parties experiences a significant increase in income as a result of a promotion or the receipt of an inheritance.</li>\r\n</ul>\r\n\r\nIn addition to demonstrating that one of these situations exists, the parent seeking modification must also provide evidence proving that the life change could not have been anticipated when the original order was issued by the court. When these elements are fulfilled, courts are permitted to modify an existing order, although they can still refuse to do so if they believe that making the change would not be in the child’s best interests. If a parent refuses to comply with the modified  court order, he or she can be held in contempt, which could result in a fine and jail time. However, in these cases, it is much more likely that a court will garnish the parent’s wages if he or she was failing to pay child support, or to order supervised visitation if the conflict involved parenting time.\r\n\r\n<h2>Contact Our Legal Team Today</h2>\r\n\r\n<strong> </strong>To speak with an experienced modification and enforcement lawyer about changing or enforcing your own child support or time sharing agreement, please don’t hesitate to call The Pawlowski//Mastrilli Law Group at 813-242-4404. We are available to address your questions or concerns 24 hours a day, seven days a week.',	'Tampa Modification & Enforcement of Final Judgments Lawyer',	'',	'publish',	'closed',	'closed',	'',	'modification-enforcement-of-final-judgments',	'',	'',	'2021-10-04 17:05:19',	'2021-10-05 00:05:19',	'',	427,	'https://www.megajustice.com/?page_id=2575',	0,	'page',	'',	0),
(2689,	1,	'2018-09-17 16:59:15',	'2018-09-17 23:59:15',	'<h1>Tampa Prenuptial &amp; Post-Marital Agreement Lawyer</h1>\r\n\r\nWhile most people don’t enter into marriage assuming that they will later decide to get divorced, the reality is that this is a very real possibility for many couples. For this reason, most couples are encouraged to consider entering into a prenuptial agreement before getting married, which ensures that both parties will be financially provided for in the event of divorce. However, this is not the only method of securing one’s financial future, as married couples are also permitted to enter into post-marital agreements after their wedding has already taken place. Both of these types of contracts come with specific legal requirements that must be fulfilled before they can be enforced, so if you are preparing for your own marriage, or are already married, but are interested in drafting a post-marital agreement, it is important to contact a dedicated <strong>Tampa prenuptial &amp; post-marital agreement lawyer</strong> who can ensure that your agreement is legally binding and enforceable.\r\n\r\n<h2>How to Draft a Prenuptial Agreement</h2>\r\n\r\nBecause prenuptial agreements have the potential to dictate a couple’s post-divorce financial situation, state law requires that they comply with a series of strict standards. Besides needing to record the agreement in writing and sign it, each party must also:\r\n\r\n<ul>\r\n 	<li>Be given sufficient time to read the agreement and consider its provisions before signing;</li>\r\n 	<li>Be represented by a different attorney than the other party; and</li>\r\n 	<li>Be given a complete disclosure of the other person’s financial assets and debts.</li>\r\n</ul>\r\n\r\nCouples who enter into prenuptial agreements are also prohibited from including certain provisions in their contracts. For instance, in addition to agreeing to buy, sell, or use certain property, couples can also contract with respect to the establishment or waiver of spousal maintenance. However, soon-to-be spouses are never allowed to eliminate child support or to completely eliminate spousal support if it means that the other party will require public assistance.\r\n\r\n<h2>Post-marital Agreement Requirements</h2>\r\n\r\nUnlike prenuptial agreements, which are created before a marriage takes place, post-marital agreements are entered into after the wedding, although both types of agreements do fulfill similar functions, as they allow spouses to decide how assets will be divided in the event of separation, divorce, or death. Furthermore, a couple does not have to be contemplating divorce in order to begin post-marital negotiations. In fact, post-marital agreements have become an increasingly popular decision for those who anticipate any type of major change, including changes in employment, business interests, or family relationships. Many post-marital agreements, for instance, are entered into after the birth of a child and are intended to ensure that in the event of divorce or one spouse’s death, the child will have financial support.\r\n\r\nLike prenuptial agreements, post-marital contracts must be in writing and signed by both parties. Similarly, both parties must make full financial disclosure to each other or risk having the agreement thrown out by the court.\r\n\r\n<h2>Dedicated Attorneys Available to You 24/7</h2>\r\n\r\nIf you are thinking about entering into a prenuptial or post-marital agreement, you need the advice of an experienced lawyer. Please call The Pawlowski//Mastrilli Law Group at 813-242-4404 to learn more about your legal options.',	'Tampa Prenuptial & Post-Marital Agreement Lawyer',	'',	'publish',	'closed',	'closed',	'',	'prenuptial-post-marital-agreements',	'',	'',	'2021-10-04 17:05:19',	'2021-10-05 00:05:19',	'',	427,	'https://www.megajustice.com/?page_id=2580',	0,	'page',	'',	0),
(2690,	1,	'2018-09-17 16:48:30',	'2018-09-17 23:48:30',	'<h1>Tampa Child Support Modification Lawyer</h1>\r\n\r\nWhen divorcing couples are unable to come to an out-of-court agreement regarding child support, property division, and spousal maintenance, courts are required to step in and make these decisions on their behalf. Fortunately, when it comes to child support, parents have the option of modifying these court orders, but only if they can prove that a substantial change in circumstances has taken place. This can be a difficult standard to meet, so if you have been ordered to pay child support, but are no longer able to comply, it is important to speak with an experienced <strong>Tampa child support modification lawyer </strong>who can help you build a case.\r\n\r\n<h2>When Can Child Support Awards be Changed?</h2>\r\n\r\nAlthough Florida courts allow child support orders to be modified at a later date, parents are only able to do so if they can prove that a substantial change has occurred in the circumstances of either parent. What qualifies as a substantial change depends on the specific circumstances of each case. For instance, a change in income is often enough to satisfy this standard, as is a change in a parenting time schedule.\r\n\r\n<h2>Change in Income</h2>\r\n\r\nA change in income is perhaps the most common reason for modifying child support orders in Florida. The change can reflect either an increase or a decrease and can involve either the paying parent or the parent who receives support. There is also no minimum amount that an income must change before a party can file for modification. However, the revised incomes must result in a child support amount that increases or decreases by $50 or 15 percent, whichever is greater. For example, if child support was initially set at $1,000 a month, but the paying spouse lost his or her job and was unable to make the payments, the court might be willing to modify the amount, but only if the petitioning party could prove that based on their new income, the total owed in child support would be higher than $1,150 or lower than $850 a month. If this standard is met, the petitioner can file a Supplemental Petition to Modify Child Support with the court.\r\n\r\n<h2>Substantial Change in Parenting Time</h2>\r\n\r\nA change in parenting time can also support modification of a child support order. This is because courts now calculate child support based on actual parenting time as it is exercised by both parents, and not necessarily what is contained in the parenting plan. For instance, a parenting plan could state that one parent will have 265 overnight visits with the children, while the other spouse would get the remaining 100. If, however, one parent ended up keeping the child for over 300 nights, a court would be permitted to step in and recalculate support based on that pattern. The only exception to this rule is when the non-custodial parent has less than 20 percent of the overnight visits.\r\n\r\n<h2>Call Today for Legal Assistance</h2>\r\n\r\nPlease contact one of the dedicated child support modification attorneys at The Pawlowski//Mastrilli Law Group if you believe that your child support order should be changed. You can reach a member of our legal team 24 hours a day, seven days a week by calling 813-242-4404 or by sending us an online message.',	'Tampa Child Support Modification Lawyer',	'',	'publish',	'closed',	'closed',	'',	'child-support-modification',	'',	'',	'2021-10-04 17:05:46',	'2021-10-05 00:05:46',	'',	427,	'https://www.megajustice.com/?page_id=2583',	0,	'page',	'',	0),
(2691,	1,	'2018-09-17 16:53:29',	'2018-09-17 23:53:29',	'<h1>Tampa Domestic Violence Lawyer</h1>\r\n\r\nAlthough most Florida residents know that family courts have jurisdiction over legal issues, such as child support, divorce, paternity, and adoptions, many remain unaware that these types of courts can also hear cases regarding allegations of domestic violence. In these cases, victims of domestic violence who are concerned for their own safety or the safety of a child can petition the court for an injunction, or restraining order, which will prohibit the aggressor from contacting them for a certain period of time. Submitting this kind of petition usually requires a hearing in front of a judge and so can be stressful and emotional for victims and their families. To ensure that your own rights and interests are protected during these proceedings, please contact an experienced <strong>Tampa domestic violence lawyer</strong> who can assist you.\r\n\r\n<h2>What is an Injunction for Protection?</h2>\r\n\r\nInjunctions for Protection, which are also referred to simply as injunctions or restraining orders, are court orders that prohibit one person from contacting another. Generally, this means no contact in person, or by phone, email, letter, or text message, although judges can modify these orders to address a person’s specific situation. Injunctions are obtained in civil and not criminal court, which means that the petitioner is responsible for filing the request and taking whatever steps are necessary to keep the case going.\r\n\r\nWhen it comes to domestic violence, there are actually a variety of different types of civil injunctions in Florida. Which type a person files depends largely on his or her relationship to the accused and the specific facts of the case. For instance, when the person that the petitioner is filing against is a family or household member, such as a spouse, former spouse, a relative by blood or marriage, a current or past romantic partner, or the parent of a shared child, then he or she can file a domestic violence injunction against the accused. With the exception of those who have a child in common, the family member accused of domestic violence must also be currently residing in or have resided in the same residence as the petitioner on a prior occasion.\r\n\r\n<h2>Domestic Violence Hearing</h2>\r\n\r\nIn most cases, judges decide to approve or reject a petition within the first 24 hours of receiving it. This could take the form of a temporary injunction, which will be followed by a hearing that is usually scheduled within 15 days of the filing. At the time of the hearing, the judge will hear all of the evidence provided by the parties, which could include:\r\n\r\n<ul>\r\n 	<li>Witness testimony;</li>\r\n 	<li>Copies of court orders;</li>\r\n 	<li>Titles or deeds to property;</li>\r\n 	<li>Photographic or video evidence of the assault or subsequent injuries;</li>\r\n 	<li>Police reports;</li>\r\n 	<li>Phone records;</li>\r\n 	<li>Recordings of 911 calls; and</li>\r\n 	<li>Proof of income and other financial information, such as bank statements and pay stubs.</li>\r\n</ul>\r\n\r\nAfter the hearing, the judge will determine whether the case should be dismissed or will issue a final injunction that states who will retain possession of a residence, establishes child support or a parenting plan, orders the respondent to attend counseling, and prohibits the respondent from contacting the petitioner. Some final injunctions come with a time limit, although many do not.\r\n\r\n<h2>Call Today for Help with Your Case</h2>\r\n\r\nIf you have already contacted the police and want to speak with an experienced Tampa domestic violence lawyer about your situation, please contact The Pawlowski//Mastrilli Law Group at 813-242-4404 today.',	'Tampa Domestic Violence Lawyer',	'',	'publish',	'closed',	'closed',	'',	'domestic-violence',	'',	'',	'2021-10-04 17:05:27',	'2021-10-05 00:05:27',	'',	427,	'https://www.megajustice.com/?page_id=2585',	0,	'page',	'',	0),
(2692,	1,	'2018-09-17 16:58:38',	'2018-09-17 23:58:38',	'<h1>Tampa Stepparent &amp; Relative Adoption Lawyer</h1>\r\n\r\nIf you’ve recently remarried following a divorce, you may be questioning whether or not your spouse can legally adopt your child in the state of Florida. Simply, the answer is yes, a stepparent can adopt his or her step child, so long as the correct procedural steps are followed.\r\n\r\nIn order to initiate a stepparent adoption, the stepparent must have a petition filed with the court. The petition should include certain information regarding the duration of time the child has been in the stepparent’s custody, any planned name changes (i.e. changing the last name of the child), proof that the stepparent is physically capable of caring for the child, reasons the stepparent wishes to adopt the child, among others. If you wish to adopt your stepchild, or if your significant other wishes to adopt your own child, reach out to the <strong>Tampa stepparent &amp; relative adoption lawyers</strong> at The Pawlowski//Mastrilli Law Group to discuss your legal options for doing so today.\r\n\r\n<h2>What About the Child’s Other Parent?</h2>\r\n\r\nPresumably, the child’s other parent is still alive. One can easily see how this might become problematic, as that parent may not wish to give up his or her parenting rights. Before a stepparent adoption can take place, the court must find that both parents have given consent to the stepparent adoption or that consent is not necessary. If and when both parents have provided consent to the stepparent adoption, the court will memorialize the consent in writing before a notary. If the parent that is not married to the stepparent provides consent, he or she gives up his or her visitation and parenting rights to the child, so it is important that the parent in question understands the legal consequences of providing consent.\r\n\r\n<h2>But What if the Parent Doesn’t Give Consent?</h2>\r\n\r\nIt happens. Suppose the parent that is not married to the stepparent receives notice of the petition for stepparent adoption and does not wish to provide consent. Since he or she has certain rights outlined in the divorce decree, his or her rights must be dealt with. There are a few cases in which it is not necessary to receive consent from the non-consenting parent. Below are a few examples of when consent may not be necessary:\r\n\r\n<ul>\r\n 	<li><p>If the parent has deserted the child without identification of either the child or his or her parents or has abandoned the child, consent from this parent is not necessary.</p></li>\r\n 	<li><p>If in a previous proceeding the parent’s rights were terminated for any reason, consent is not necessary. This can happen for a number of reasons, including abandoning the child, failing to comply with the case plan filed with the court, the parent’s behavior has in some way endangered the health and well-being of the child, or the parent has been incarcerated for any length of time.,</p></li>\r\n 	<li><p>If the parent has been declared incompetent for any reason with little chance of becoming competent, consent is not necessary. For example, if the parent is bedridden, he or she will be declared incompetent.</p></li>\r\n</ul>\r\n\r\n<h2>Termination of Parenting Rights</h2>\r\n\r\nIf the court decides that consent from the non-consenting parent is not necessary, it will then enter orders approving the adoption and the non-consenting parent’s rights will be terminated. This would also terminate any child support orders in addition to visitation rights.\r\n\r\n<h2>Work With a Tampa Adoption Lawyer to Obtain the Best Possible Outcome</h2>\r\n\r\nIf you wish to adopt your stepchild, or if your partner wishes to adopt your child, contact the Tampa stepparent adoption lawyers at The Pawlowski//Mastrilli Law Group today. Our team can help you review your options and, if we determine that adoption is an option, advise you on what you can do to make the process as smooth as possible.',	'Tampa Stepparent & Relative Adoption Lawyer',	'',	'publish',	'closed',	'closed',	'',	'stepparent-relative-adoption',	'',	'',	'2019-12-30 14:16:36',	'2019-12-30 22:16:36',	'',	427,	'https://www.megajustice.com/?page_id=2590',	0,	'page',	'',	0),
(2693,	1,	'2018-09-17 16:50:20',	'2018-09-17 23:50:20',	'<h1>Tampa Service by Publication Lawyer</h1>\r\n\r\nThe long road leading to a divorce is one with many obstacles. Arguments, jealousy, and bitterness can cause a person to say and do things they never thought they were capable of. Pure frustration and the overwhelming desire to leave a toxic situation are possible catalysts for a person to make themselves inaccessible. But just as an ostrich can’t avoid danger by sticking its head in the sand, a person can’t escape an imminent divorce by disappearing.\r\n\r\nWhen you can’t track down your spouse, you still have options to proceed with a divorce. If the spouse being served is unavailable, certain jurisdictions will allow something called “service by publication.” This is when the person filing for divorce puts an ad for the lawsuit in a publication approved by the court, a newspaper for example.\r\n\r\nOur <strong>Tampa service by publication lawyers</strong> help residents in Tampa and the surrounding area initiate legal action against defendants that are unable to accept the delivery of legal documents because they can’t be found.\r\n\r\n<h2>The Purpose and Types of Service</h2>\r\n\r\nTo begin the process, the spouse initiating the divorce (the plaintiff) must file a petition in the office of the county clerk. The plaintiff then receives a summons from the clerk’s office, which is a legal article that puts the plaintiff’s spouse (the defendant) on notice that a case for divorce has been filed. At this time, the defendant is also notified they must appear in court.\r\n\r\nPersonal service is the type of service most frequently used. The summons and divorce filing are delivered directly to the defendant. At our firm, we can hire a professional process server on your behalf to deliver the paperwork. Substitute service occurs when the summons and filing are delivered via certified mail or delivered to the defendant’s home or place of business.\r\n\r\nBut if the defendant is not accessible, service by publication is needed. It doesn’t matter if the defendant forgot to share his or her mailing address or hasn’t kept in touch. They still need to be notified. When the plaintiff notifies the defendant of a lawsuit by publishing a notice in a court-approved publication, this is called a “constructive notice.” The defendant has until the date of default, which is published in the official notice, to respond.\r\n\r\nThough the defendant may not have received the notice physically, the courts consider the public display of the lawsuit sufficient enough to satisfy the notice requirement allowing the lawsuit to begin.\r\n\r\nIn general, this is only allowed if all other options have been exhausted.\r\n\r\n<h2>Let Us Help You Today</h2>\r\n\r\nRegardless of how you would like your spouse to be informed of your need for a divorce, we can provide service of all types. If you are seeking a Tampa divorce lawyer to help you with service by publication, call 813-242-4404. We are available 24 hours a day, seven days a week to assist you.',	'Tampa Service by Publication Lawyer',	'',	'publish',	'closed',	'closed',	'',	'service-by-publication',	'',	'',	'2021-10-04 17:05:38',	'2021-10-05 00:05:38',	'',	427,	'https://www.megajustice.com/?page_id=2592',	0,	'page',	'',	0),
(2694,	1,	'2018-09-17 16:42:02',	'2018-09-17 23:42:02',	'<h1>Tampa Adoption Lawyer</h1>\r\n\r\nLike having a biological child, adoption is a permanent decision, and for this reason, each adoption needs to be made ironclad to avoid difficulties later on in the child’s life. The only real way to make things permanent in today’s society is via the legal system. While you could always take on the legal system on your own and hope that the adoption goes through without a problem, it would be in your best interests, and the interests of your soon-to-be-child, to retain the help of an experienced <strong>Tampa adoption lawyer</strong> as soon as you make the decision to adopt. The right lawyer can help you vet adoption agencies, mediate between yourselves and prospective birth mothers, draft the necessary legal contracts, ensure that proper consent forms are filed, and more.\r\n\r\nIf adopting is a part of your life plan, retain the legal assistance of a skilled Tampa adoption lawyer. At The Pawlowski//Mastrilli Law Group, we strive to help individuals and couples alike build their families in the least stressful way possible. If you believe that you are ready to adopt, reach out to our Tampa family law firm today to discuss eligibility requirements, application requirements, and other essential information regarding the process.\r\n\r\n<h2>Who Can Adopt a Child?</h2>\r\n\r\nAdopting a child can be an exciting yet complicated task, and you may be wondering if you are even eligible to adopt a child. Different types of adoptions will have different sets of qualifications that an adoptive parent must meet. However, the number one thing that most Florida judges consider is a person or persons’ ability to provide a lifelong commitment to loving and caring for a child. If you are interested in adoption, it is imperative that you discuss your goals with a skilled Tampa adoption lawyer, and to gain as much insight into the process and its requirements prior to filing for adoption.\r\n\r\n<h3>Do You Need to Be Married?</h3>\r\n\r\nIndividuals have the same rights to adopting children as married couples. However, some agencies may have certain requirements that the individual or married couple must meet before adopting a child. For example, some adoption agencies have requirements on the length of time a couple must be married before adopting.\r\n\r\n<h3>Are There Financial Requirements for Adoption?</h3>\r\n\r\nEvery situation is unique, but financial security is an important consideration for adoption agencies. Income will be evaluated as part of the home study before a prospective adoptive parent will be able to adopt, but income alone will not disqualify someone from being an adoptive parent. In short, you do not need to be wealthy in order to be an adoptive parent in Florida.\r\n\r\n<h3>What If I Have Been Convicted of a Felony?</h3>\r\n\r\nIf you do happen to have a criminal record, the adoption agency will need to review this as part of the home study. While a felony conviction will not necessarily disqualify you, you will not be able to adopt if your criminal record poses a threat to the child. Such cases would include convictions for child abuse, abandonment, neglect, drug-related offenses, and violent offenses. Each member of a household may be subject to a background check before a child can be adopted.\r\n\r\n<h3>Can Homosexual Individuals or Couple Adopt?</h3>\r\n\r\nYes. A law that prevented both LGBTQ individuals and same-sex couples from adopting was ruled unconstitutional in 2010, and following the legalization of same-sex marriage, anyone is allowed to adopt a child regardless of sexual or gender identity, so long as they meet the other requirements outlined by Florida laws and adoption agencies.\r\n\r\n<h3>Is There an Age Limit?</h3>\r\n\r\nFlorida law does not place an age limit on prospective adoptive parents, but some agencies may have their own age requirements. In general, an adoption agency will likely require the prospective adoptive parent to be at least 21 years of age.\r\n\r\n<h3>Health Requirements</h3>\r\n\r\nAs part of the home study, you will need to provide medical records to ensure that you are physically and mentally capable of caring for a child. Any severe mental illness, such as Dissociative Identity Disorder, may prevent you from adopting a child. Similarly, a physical illness or disability that prevents you from providing for a child will likely be grounds for disqualification.\r\n\r\n<h3>Emotional Requirements</h3>\r\n\r\nYou will need to be able to prove that you are emotionally ready to adopt a child. This may mean resolving any grief or trauma from a miscarriage or infertility, agreeing with a spouse about your adoption goals, and showing a readiness to commit to caring for a child and maintaining a parental relationship.\r\n\r\n<h2>Types of Adoption</h2>\r\n\r\nAn adoption is the legal establishment of a parent-child relationship between a child and an adult guardian, but if you are considering an adoption, you should be aware of the different types of adoption recognized in the state of Florida. The Tampa adoption lawyers at The Pawlowski//Mastrilli Law Group are familiar with the different types of adoptions recognized by the state and are prepared to answer any questions or concerns you have regarding the process. That said, here is a brief overview of these different types of adoptions in Florida.\r\n\r\n<h3>Agency Adoptions</h3>\r\n\r\nAgency adoptions involve an intermediary agency, either public or private, that places the child with a suitable parent or set of parents. A public agency will typically have the responsibility of placing children who have become wards of the state due to abandonment, abuse, or orphanage, whereas private agencies are run by charitable organizations and will place children whose parents have willingly given up their children for adoption.\r\n\r\n<h3>Independent or Private Adoptions</h3>\r\n\r\nIn an independent adoption, no public or private intermediary agency is present. These types of adoptions are generally arranged between the birth parents and the adoptive parents or with the help of an attorney, doctor, or cleric. Independent adoptions are legal in the state of Florida but may be carefully regulated, and it is most often necessary for an attorney to assist the adoptive parents with court paperwork.\r\n\r\n<h3>Identified Adoptions</h3>\r\n\r\nIn some cases, a birth mother and adoptive parent will find each other and seek the assistance of an adoption agency in completing the process. Adoptive parents who find themselves in this situation will be able to avoid the waiting list that is usually involved in agency adoptions but will be able to utilize counseling services and legal skill that agencies offer.\r\n\r\n<h3>International Adoptions</h3>\r\n\r\nIf a prospective adoptive parent or set of parents chooses this route, they will be adopting a child who is a citizen of a foreign country provided that they meet the adoption requirements of both countries. The parent(s) will need to acquire an immigration visa for the child, but the child will be granted full U.S. citizenship upon entrance to the United States.\r\n\r\n<h3>Stepparent Adoptions</h3>\r\n\r\nFollowing a divorce, one of a child’s parents may get remarried. If the stepparent wishes to adopt his or her spouse’s child, the step parent will need to file a petition with the court. Provided that the child’s other parent consents to the adoption or the court decides that no consent is necessary, then the process should be fairly simple.\r\n\r\n<h3>Kinship Adoptions</h3>\r\n\r\nKinship adoptions occur when a family member who is not the parent of a child wishes to adopt. These adoptions are generally easy to accomplish, provided that the relative is qualified to adopt according to Florida law. Should the child have siblings who are not adopted by the relative, the child will be granted permission to contact his or her siblings.\r\n\r\n<h3>Adult Adoptions</h3>\r\n\r\nGenerally, these occur as stepparent adoptions that the family didn’t perform until after the child has reached adulthood. However, sometimes an adult will adopt another adult, who is at least ten years younger, in order to treat the adult as a child for inheritance purposes. These types of adoptions may be subject to some regulation in order to prevent elder abuse.\r\n\r\n<h3>What About Same-Sex Couples?</h3>\r\n\r\nEven before same-sex marriage was legalized in Florida, homosexual individuals could adopt a child, but their partners could not petition for a stepparent adoption because Florida law requires that the stepparent be the spouse of the child’s parent. However, following the legalization of same-sex marriage, the two individuals of a couple can be considered spouses, thereby making it possible for a stepparent to petition for adoption.\r\n\r\n<h2>Adoption Procedures</h2>\r\n\r\nThe path to adoption typically looks the same across the nation, but states do have their unique laws and regulations by which families and birth mothers must abide. Whether you opt for an agency adoption or an independent adoption, it would be in your best interests and the best interests of your future child to work with a skilled Tampa adoption lawyer from the very beginning of the process until the end, when all legalities are finalized. Failure to work with an experienced lawyer puts you at risk of making a crucial mistake that can result in an adoption that falls through, or at least one that becomes needlessly complex. To ensure that your adoption goes as smoothly as possible, contact the Tampa adoption lawyers at the The Pawlowski//Mastrilli Law Group today.\r\n\r\n<h2>The 9 Steps of a Successful Florida Adoption</h2>\r\n\r\nThe adoption process typically begins with an assessment that helps you determine whether or not adoption is right for you and a background check, and ends with finding a match, placement supervision, and finalization. If you are about to embark on the adoption process and want to know what to expect, here are the nine steps of the average Florida adoption:\r\n<ol>\r\n 	<li><strong> Contact</strong></li>\r\n</ol>\r\nFirst and foremost, you need to contact an adoption agency or social worker with which to work. The agency or state worker can get you into the system and started on the adoption process.\r\n\r\n<ol start=\"2\">\r\n 	<li><strong> Orientation</strong></li>\r\n</ol>\r\nDuring orientation, you will go through a two-hour presentation that will give you a chance to better understand what you are in for and to decide if adoption is right for you. Additionally, you will have a chance to meet and talk with veteran adoptive parents and counselors to gain a better understanding of the process.\r\n<ol start=\"3\">\r\n 	<li><strong> Preparation Course</strong></li>\r\n</ol>\r\nYour counselor will guide you toward a number of prep courses and training seminars that will prepare you for life as an adoptive parent. These courses are mandatory, as they are designed to give you the chance to assess yourself and your family to determine if you are ready for such a big commitment.\r\n<ol start=\"4\">\r\n 	<li><strong> Home Study</strong></li>\r\n</ol>\r\n\r\n<strong> </strong>During the home study, the state and federal governments will conduct background checks on all adults living in the home. You will also be required to supply references from your employer, character references from individuals who know you well, and letters from school officials (if you have children in school). The goal of the home study process is to make sure that you can provide the child with a safe and secure home.\r\n\r\nDuring this time, an adoption worker will visit your home on a weekly basis to talk with you and other members of your family. The worker will likely ask you questions about your reasons for wanting to adopt, your financial situation, the strength of your marriage, your parenting style, etc. It is important to be completely open and honest during this phase, as everyone involved simply wants to ensure a successful placement.\r\n\r\n<ol start=\"5\">\r\n 	<li><strong> Approval</strong></li>\r\n</ol>\r\nIf the home study process goes well, your paperwork will be sent for approval. You will be notified as soon as your application is accepted.\r\n<ol start=\"6\">\r\n 	<li><strong> Finding a Match</strong></li>\r\n</ol>\r\nThis will be the second most exciting and likely the most stress-inducing aspect of the process. You will continue to look for an available child during support meetings and on the web. There may also be picnics and other events in which children who are available for adoption will be in attendance. If you think you have found a match, notify your adoption worker right away.\r\n<ol start=\"7\">\r\n 	<li><strong> Match!</strong></li>\r\n</ol>\r\nOnce you have identified the child who appears to be the perfect match, it is time to learn as much about the child as possible. You can do this by talking to the adoptive parents, foster parents, and reading the agency’s records on the child. This step is crucial, as you want to ensure that the child is really the right one for you, and that you and he or she will have a strong, unbreakable relationship.\r\n<ol start=\"8\">\r\n 	<li><strong> Placement Supervision</strong></li>\r\n</ol>\r\nOnce you feel comfortable that you know the child and that he or she will do well in your home, the child will be placed. Once placed, an adoption worker will make monthly visits in order to assess the child’s situation, see how well he or she is adjusting, and determine whether or not additional services are necessary. Once this period ends, the counselor will provide your Tampa adoption attorney with a “Consents to Adoption” form, which he or she will look over on your behalf.\r\n<ol start=\"9\">\r\n 	<li><strong> Finalization</strong></li>\r\n</ol>\r\nOnce the “Consents to Adoption” form has been signed and submitted, the child will live with you for six months before the adoption can be officially finalized. Once this six months is up, your adoption lawyer will schedule a hearing before a judge, who will make the process officially binding.\r\n\r\n<h2>Common Obstacles Adoptive Parents Face</h2>\r\n\r\nAdoption comes with unique challenges, many of which can be emotionally and financially draining. From birth mothers revoking consent to fathers popping up out of the woodwork, there are several scenarios that play out more often than you might think during the standard adoption. Having the right legalities in place can help you avoid these issues altogether, and a skilled lawyer can help you navigate those that you cannot avoid. Some issues that our team at The Pawlowski//Mastrilli Law Group has dealt with include the following:\r\n\r\n<ul>\r\n 	<li><p><strong>Putative Fathers: </strong>Many adoptees are the children of single mothers who do not know the fathers’ identities. If a man does show up and claim the child as his, he would be considered a “putative father.” Putative fathers <em>may be</em>able to establish parental rights, but only if they followed through with certain legalities <em>before</em>the birth mother filed the adoption paperwork. Moreover, the father must show that he has earned parental rights and that his interference is for the best interests of the child.</p></li>\r\n 	<li><p><strong>Open Adoption:</strong>Open adoptions are great in that they remove all the unknowns that typically come with closed adoptions. However, as the child grows older, he or she may be forced to make decisions most children should never have to make. The right agreement can help avoid these issues altogether.</p></li>\r\n 	<li><p><strong>Multiethnic Issues:</strong>Believe it or not, some adoptions are denied or delayed because of “mismatched races.” This is because there are pockets of the adoption community that believe mixed-race adoptions are a means of diluting the cultural and ethnic heritage of an adopted child. Thanks to the Multi-Ethnic Protection Act (MEPA) of 1994, no agency that receives state funding may deny or delay an adoption because of race or ethnicity. That said, what the law states is not always what happens. If you run into an issue regarding race or ethnicity, an adoption lawyer can help you fight for your rights to your child and ensure that the agency does not act in such a manner in the future.</p></li>\r\n</ul>\r\n\r\n<h2>Why Work With a Lawyer</h2>\r\n\r\nThere are dozens of reasons to work with an experienced adoption lawyer, three of which are mentioned above. The right attorney can help you navigate common legal issues adoptive parents face and preserve the integrity of your future family. Aside from helping you deal with the aforementioned issues, however, you can enjoy the following benefits by working with an attorney:\r\n\r\n<ul>\r\n 	<li>The right lawyer can help you navigate state laws with confidence;</li>\r\n 	<li>The right lawyer can help you avoid common complications;</li>\r\n 	<li>If you wish to pursue an independent adoption, the right attorney can make the process much easier on both you and the birth mother;</li>\r\n 	<li>A knowledgeable lawyer can provide answers to your most pressing questions and concerns; and</li>\r\n 	<li>A knowledgeable attorney can handle all the legal documents, make sure all consent forms are accounted for, and take care of all legalities while you focus on preparing for the new addition to your family.</li>\r\n</ul>\r\n\r\n<h2>Consult With a Knowledgeable Tampa Adoption Lawyer Regarding Your Needs Today</h2>\r\n\r\nWhether you wish to adopt a child or adult, want to be adopted by another adult, or would like a significant other to adopt your own child, there are certain laws and regulations that you need to adhere to. Those regulations vary depending on the type of adoption you wish to complete. The Tampa adoption lawyers at The Pawlowski//Mastrilli Law Group can assess your wants and help you determine what you need to do to make those wants a reality. Contact our law firm today to get started.',	'Tampa Adoption Lawyer',	'',	'publish',	'closed',	'closed',	'',	'adoption',	'',	'',	'2019-12-30 14:07:36',	'2019-12-30 22:07:36',	'',	427,	'https://www.megajustice.com/?page_id=2595',	0,	'page',	'',	0),
(2695,	1,	'2018-09-17 16:47:14',	'2018-09-17 23:47:14',	'<h1>Tampa Asset &amp; Debt Division Lawyer</h1>\r\n\r\nUnlike community property states, Florida operates under the equitable distribution model, which allows property to be divided fairly between spouses. The first step in the process is for the court to award each individual their personal non-marital property - assets they had before the marriage and retained which did not come to be marital property.\r\n\r\nWhen the judgement is made of what is non-marital property, attention then shifts to what is marital property. This determination is made by considering:\r\n\r\n<ul>\r\n 	<li><p>How long the marriage lasted;</p></li>\r\n 	<li><p>What each party contributed to the marriage;</p></li>\r\n 	<li><p>How much one party contributed to the career or education of the other party;</p></li>\r\n 	<li><p>Each spouse’s contribution to the education and care of the children as a homemaker;</p></li>\r\n 	<li><p>The desire of either party to retain an asset, such as a business, without interference from the other party; and</p></li>\r\n 	<li><p>Whether or not it is reasonable to maintain the family home for the sake of children that are products of the marriage.</p></li>\r\n</ul>\r\n\r\nThere are other factors as well, but as you can see, the process can be complicated. We have wide-ranging experience handling such matters. Contact a <strong>Tampa asset &amp; debt division lawyer</strong> to learn more about the services we provide and how we can help you.\r\n\r\n<h2>Equitable Asset and Debt Division via the Discovery Process</h2>\r\n\r\nA tool that is imperative in determining the entirety of assets and debts in a marriage is the discovery process. “Discovery” is legal terminology used to describe the method utilized to acquire information that will be relevant to your separation or divorce.\r\n\r\nOne method of discovery is the sending of interrogatories from one spouse to the other or they are delivered to the spouse’s lawyer if he or she has representation. A series of questions are asked that are intended to lead to information related to bank accounts, real estate, credit accounts, loans, etc. Written questions will be submitted until each part is satisfied that they have a firm understanding of every asset and debt the opposing party has ownership of.\r\n\r\nAnother type of discovery we use is the Request for Production of Documents. This is when we ask for physical objects like bank statements. Or we submit the request that the opposing party make certain property available for inspection. Our experienced lawyers will customize these appeals to your case. Only requests that are appropriate for your case will be submitted.\r\n\r\n<h2>Assistance with Asset and Debt Division in Tampa</h2>\r\n\r\nAs expected, there is a great deal of litigation that occurs when it’s time to divide assets and debt.  After arranging a mediation, our lawyers here at The Pawlowski//Mastrilli Law Group use their years of experience to facilitate an agreement for the distribution of assets. Don’t hesitate to reach out to us today for assistance with your case.',	'Tampa Asset & Debt Division Lawyer',	'',	'publish',	'closed',	'closed',	'',	'asset-debt-division',	'',	'',	'2019-12-30 14:08:22',	'2019-12-30 22:08:22',	'',	427,	'https://www.megajustice.com/?page_id=2617',	0,	'page',	'',	0),
(2696,	1,	'2018-09-17 17:04:20',	'2018-09-18 00:04:20',	'<h1>Tampa Annulment &amp; Divorce Lawyer</h1>\r\n\r\nWith many marriages in the United States ending in divorce, it’s easy to imagine that millions of people wish they had the opportunity to rethink their decision. To a certain degree, an annulment would give them the option to do just that. The only thing they would lose is time. With an annulment, the marriage, for several reasons, is dissolved and treated as if it never happened in the first place. A major advantage of an annulment is that all ties to the previous spouse are severed. To be sure, an annulment treats the marriage as if it never occurred at all.\r\n\r\nWe can be your champion in this arena. If you are considering an annulment or divorce, our highly trained staff of <strong>Tampa annulment &amp; divorce lawyers </strong>puts our clients above all else. Our priority has always been to bring resolution and closure quickly, efficiently, and in a matter that is beneficial to our clients. Don’t hesitate to reach out to us today for help moving forward with your case.\r\n\r\n<h2>Tampa Lawyers Explain How an Annulment is Different from Divorce</h2>\r\n\r\nFor an annulment to be taken into consideration, there must be legitimate reasons for why the union was never valid. This justification can make the situation very complicated. One or more of the following has to apply:\r\n\r\n<ul>\r\n 	<li>Bigamy</li>\r\n 	<li>A spouse was underage at the time of the marriage</li>\r\n 	<li>Insanity</li>\r\n 	<li>The use of force</li>\r\n 	<li>Incest</li>\r\n 	<li>Mental disability</li>\r\n</ul>\r\n\r\nBecause one or more of the above situations has to be proven, a court order must be obtained to officially nullify the marriage. As mentioned earlier, an annulment treats a marriage as if it never existed, while a divorce brings to an end a legally valid marriage.\r\n\r\nWe can help you make the determination whether or not you would benefit from a divorce or an annulment. As an example, an individual with strong ties to their faith may prefer to have their marriage annulled because they can then get remarried without the perception of judgement. Another person, who has legitimate grounds in their belief they chose the wrong person, may not like the stigma of divorce and would like to resume their single life with a clean slate.\r\n\r\nThe decision is a personal one, but our lawyers are available 24 hours a day, seven days a week to help you during this trying time.\r\n\r\n<h2>Annulment and Divorce Representation in Tampa</h2>\r\n\r\nThe lawyers at The Pawlowski//Mastrilli Law Group have significant experience in the field of family law in Florida, and we are eager to put that to work for you. Our team does their best to move toward solutions that are best for the people we work for. Reach out to us today and learn more about how we can help you moving forward.',	'Tampa Annulment & Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'annulment-divorce',	'',	'',	'2019-12-30 14:08:05',	'2019-12-30 22:08:05',	'',	427,	'https://www.megajustice.com/?page_id=2619',	0,	'page',	'',	0),
(2697,	1,	'2018-09-17 17:05:26',	'2018-09-18 00:05:26',	'<h1>Tampa Alimony Lawyer</h1>\r\n\r\nA sign of the times, there are new terms that now refer to alimony: spousal support or spousal maintenance. Thought to be commonplace, spousal support is not awarded in all divorces. The determination whether to grant support is up to the court and is based on several factors. A few include:\r\n\r\n<ul>\r\n 	<li>The financial condition of the party seeking support;</li>\r\n 	<li>The length of the marriage;</li>\r\n 	<li>The level of assistance as one spouse supports the education of the other;</li>\r\n 	<li>Whether or not children are present;</li>\r\n 	<li>The income level of the spouse who is the breadwinner; and</li>\r\n 	<li>The standard of living the couple enjoyed during their marriage.</li>\r\n</ul>\r\n\r\nThere are other criteria calculated into the decision as well. Our firm of highly trained <strong>Tampa alimony lawyers</strong> can provide you with all of the necessary information to ensure you receive the support you deserve.\r\n\r\n<h2>The Various Forms of Alimony in Florida</h2>\r\n\r\nAfter evaluating the financial needs of one spouse and the other spouse’s ability to meet those needs, alimony is awarded (or not awarded in some cases). In Florida, courts have the ability to tailor support so that it is specific to each situation. This flexibility has allowed several types of alimony to exist in the state:\r\n\r\n<ul>\r\n 	<li><p>Temporary alimony;</p></li>\r\n 	<li><p>Lump sum alimony;</p></li>\r\n 	<li><p>Permanent alimony, which is typically used for unions that have lasted longer than 17 years;</p></li>\r\n 	<li><p>Rehabilitative alimony, which is awarded when one party would like to complete their education so they may be more marketable when seeking a job; and</p></li>\r\n 	<li><p>Durational alimony, which may be provided for a length of time that isn’t longer than the duration of the marriage.</p></li>\r\n 	<li><p>Bridge-the-gap alimony, which helps one spouse transition to their new life.</p></li>\r\n</ul>\r\n\r\nThe party providing spousal support is not necessarily obligated to pay for the rest of his or her life. Spousal support will terminate automatically if the party receiving the support remarries or if either spouse passes away.\r\n\r\nA court may also terminate or amend an award of permanent alimony if the party receiving the support in a “supportive relationship.” Many criteria are used to verify the existence of a supportive relationship. A few are:\r\n\r\n<ul>\r\n 	<li><p>The length of time the party receiving the support lived with another person in a permanent residence;</p></li>\r\n 	<li><p>The extent to which the party receiving the support combined their assets with another person; and</p></li>\r\n 	<li><p>Whether or not the party receiving the support and their new partner have worked jointly to create anything of value.</p></li>\r\n</ul>\r\n\r\nThese are just a few of the determining factors. Let our team provide further detail on any questions you may have.\r\n\r\n<h2>Knowledgeable Spousal Maintenance Lawyers in Tampa</h2>\r\n\r\nThe myriad of issues faced when seeking spousal support can be daunting. Fortunately, our experienced spousal support attorneys are able to help guide you through the most difficult of cases. Reach out to us for family law help today.',	'Tampa Alimony Lawyer',	'',	'publish',	'closed',	'closed',	'',	'alimony',	'',	'',	'2020-01-03 17:55:29',	'2020-01-04 01:55:29',	'',	427,	'https://www.megajustice.com/?page_id=2621',	0,	'page',	'',	0),
(2698,	1,	'2018-09-17 16:49:33',	'2018-09-17 23:49:33',	'<h1>Tampa Default Divorce Lawyer</h1>\r\n\r\nOccasionally, the process of entering into a marriage is easy. A couple can walk into their local courthouse or pull up to a drive through window in Las Vegas. Conversely, the process of getting a divorce can be just as convenient. A default divorce is one of the easiest ways to dissolve a marriage.\r\n\r\nA default divorce is one where the party seeking to end the marriage files a petition for divorce. If the other party, also known as the respondent or defendant, fails to respond to the petition within a designated time frame, a divorce judgement is entered against the defendant.\r\n\r\nOur firm can help you with any questions that arise during the filing of default divorce paperwork. Our team of experienced <strong>Tampa default divorce lawyers</strong> is able to answer your questions about default divorce and other family law-related issues.\r\n\r\n<h2>Should You Consider Filing a Default Divorce?</h2>\r\n\r\nThe decision whether a default divorce is good or bad is in the hands of the individual. By providing you with all of the information you need, our firm can help you make an informed choice. For example, one benefit to a default divorce is that there is no need to disclose information about debt or personal finances. This can include tax returns, pay stubs, bank statements and other assets. During the course of a traditional divorce, this information must generally be disclosed.\r\n\r\nMany couples opt for a default divorce because it is the least expensive and most expeditious way to push the divorce through the court system. This method allows individuals to acquire a divorce without incurring the expenses associated with court costs and attorney fees. Additionally, they save time as well because they are not attending hearings and trials.\r\n\r\nCouples choosing this option have a tendency to agree on nearly everything and don’t envision contesting the divorce. In other situations, a default divorce occurs because the respondent simply doesn’t respond to the petition. If this happens, whatever the petitioner has requested in the divorce petition is allowed. This may include child custody, alimony, the distribution of assets and many other requests.\r\n\r\nOur firm can give you something else to consider. It is important that the petitioner ensure the respondent is served with all of the appropriate paperwork and necessary information. Doing this will minimize the respondent’s grounds for an appeal.\r\n\r\n<h2>Let Our Divorce Lawyers in Tampa Help with your Default Divorce Paperwork</h2>\r\n\r\nGreat lawyers, such as the ones at The Pawlowski//Mastrilli Law Group, will assist you in filing the necessary paperwork for a default divorce. We will also make sure your spouse is served. To complete the process, our skilled attorneys will do our best to reduce the chances it will be appealed and overturned. Don’t hesitate to contact us today to learn more about how we can help you with your case.',	'Tampa Default Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'default-divorce',	'',	'',	'2019-12-30 14:10:31',	'2019-12-30 22:10:31',	'',	427,	'https://www.megajustice.com/?page_id=2631',	0,	'page',	'',	0),
(2699,	1,	'2018-09-17 16:52:28',	'2018-09-17 23:52:28',	'<h1>Tampa Divorce Lawyer</h1>\r\n\r\nAs a loving couple envisions their nuptials, table settings, dinner selections, and locations come to mind. It isn’t likely divorce was part of the planning process. By contemplating the disintegration of the bond so early in the relationship, a dark cloud of pessimism hangs over every argument. But by not considering the possibility of divorce, a person can set themselves up for financial ruin if the union becomes contentious. In a perfect world, the thought of divorce would not enter our minds, but the stark reality is that divorce is a common issue in the contemporary world.\r\n\r\nIf you feel your marriage may be headed toward a break up, it’s vital that you have a knowledgeable <strong>Tampa divorce lawyer</strong> at your side to protect your interests and work toward a swift resolution.\r\n\r\n<h2>The Many Reasons for Divorce</h2>\r\n\r\nThe reasons for a divorce are varied and many. We could not list all of them here. But below are some of the most common reasons for divorce:\r\n\r\n<ul>\r\n 	<li><p>The environment is unhealthy for the children - In our experience, we have witnessed many relationships stay together for the sake of the children. Spouses are often under the impression that clinging to their marriage is in the children’s best interest. This is not necessarily true because the arguments, bitterness, and resentment can give birth to a legacy the children will bring to their own relationships as adults.</p></li>\r\n 	<li><p>Marrying too young - Many people get married too soon and enter a lifelong commitment before they know who they truly are. The journey of self-discovery and personal growth is one your spouse has little to no control over. When seemingly irrational decisions are made as a result of this self-discovery, rifts can be formed that may never be repaired.</p></li>\r\n 	<li><p>Trouble with finances - Research has proven that arguments over household finances were a key indicator for divorce. This is irrespective of the couple’s income, level of debt or net worth. The focal point of such disputes is almost always the feeling that one spouse is spending money irresponsibly.</p></li>\r\n 	<li><p>Abuse - Taking many forms (physical, financial, sexual, emotional), abuse can be highly toxic to even the strongest relationship.</p></li>\r\n</ul>\r\n\r\n<h2>Tampa Divorce Procedure</h2>\r\n\r\nEvery divorce is unique with its own set of problematic situations.  Though each is different, and laws vary from state to state, there are a few common practices. Keep reading and we will provide you with a high-level overview of the divorce process, but it’s best that you consult with an experienced Tampa divorce lawyer to get a better understanding of the procedure.\r\n<h3>The Distinct Types of Divorce</h3>\r\nThe steps needed for a successful divorce will depend on the relationship. A brief union that has no children and few assets will require less energy to dissolve than one that lasted 30 years, produced five children, and has two homes. So, there are quite a few types of divorce available including:\r\n\r\n<ul>\r\n 	<li><p><u>Summary</u>: A summary divorce is for couple who qualify for an expedited procedure. They have few assets, no children, minimal to no joint debt, and had a brief marriage.</p></li>\r\n 	<li><p><u>Uncontested</u>: An uncontested divorce is for couples who agree to the terms and file the paperwork without argument. No need to go to trial with this one.</p></li>\r\n 	<li><p><u>Default</u>: One party files for divorce and the other party does not respond. As a result, the court is now able to grant you a divorce if your soon-to-be ex-spouse is unresponsive. This is common when the spouse being notified can’t be located. Consult a family attorney because this type of divorce has several rules associated with it.</p></li>\r\n 	<li><p><u>Fault and No-Fault</u>: Whether a fault divorce or a no-fault divorce is recognized depends on the state. Florida is a no-fault state, which means that either spouse may seek a divorce without providing any reason other than they no longer want to be married.</p></li>\r\n</ul>\r\n\r\nThere are other forms of divorce as well. If you or your spouse has made the decision to proceed, work with an attorney that can look into your particular situation.\r\n<h3>Divorce Procedure</h3>\r\nTo start the divorce process:\r\n<ol>\r\n 	<li><p>File a petition. This is necessary even if the decision is mutual.</p></li>\r\n 	<li><p>Ask for temporary orders for custody and support if you are dependent on your spouse or have custody of the children.</p></li>\r\n 	<li><p>If you are the party that files the petition, get proof your spouse was served. A qualified divorce attorney can provide this service.</p></li>\r\n 	<li><p>The party receiving the file needs to respond. During this time, he or she can argue the grounds for the divorce.</p></li>\r\n 	<li><p>Negotiate any differences that arise. This is the stage where mediation takes place. If no agreement is made, parties proceed to the next step.</p></li>\r\n 	<li><p>Spouses will have to go to trial if an agreement can’t be reached.</p></li>\r\n 	<li><p>After everyone agrees, an order of dissolution is created that officially ends the marriage and details the division of all assets.</p></li>\r\n</ol>\r\n\r\n<h2>Tampa Divorce Lawyer FAQs</h2>\r\n\r\nFew things in life are more stressful than a highly contested divorce. A permanent separation is arduous enough, but when a significant amount of assets and children are added to the equation, the situation is virtually unbearable. Along with the emotional trauma and stress, you shouldn’t have to worry about a complex legal system or spend weeks haggling with your spouse. If a divorce is imminent, you should hire an experienced Tampa divorce lawyer who is dedicated to helping you navigate the labyrinth of divorce while staying focused on your best interests.\r\n\r\nUnderstandably, there are hard feelings during the divorce process. It is important for you and your spouse to keep in mind that if you work together or through your lawyers, the procedure will be immensely less distressing for everyone.\r\n\r\nTo help address any concerns you may have about the divorce process, we have listed the most frequent questions we receive at our office.\r\n\r\n<strong><em>Do I have to pay alimony during the divorce proceedings?</em></strong>\r\n\r\nOften, one spouse will be ordered to pay spousal maintenance during the divorce. But there are many unique factors to consider, and, as such, every case is unique. Contact us for a personalized discussion of the matter.\r\n\r\n<strong><em>In a divorce, who obtains custody of the children?</em></strong>\r\n\r\nWhen it comes to children, two types of custody must be taken into consideration.\r\n\r\nLegal custody given to a parent gives him or her the right to make decisions about the children’s education, medical care, and religious preferences. In several states, legal custody is given to both parents.\r\n\r\nWith physical custody, the children live with the parent. If one parent has sole custody, the other may have the right to visit, but can’t make decisions that would affect the child. Also, the parent without sole custody has no custodial rights.\r\n\r\nThroughout this strenuous time, parents will have to find a way to work together to determine who will get custody of the children. A court official will make a ruling if the parents can’t come to an agreement.\r\n\r\n<strong><em>How much does it cost to file for divorce?</em></strong>\r\n\r\nThere are many costs related to divorce due to the numerous factors involved. Filing is one of those costs. The typical cost to file can be as high as $400 and as low as $100 in many locations.\r\n\r\n<h2>Hire an Experienced Tampa Divorce Lawyer to Fight for You</h2>\r\n\r\nOne of the primary focus areas of practice at The Pawlowski//Mastrilli Law Group is the complicated field of divorce. Our lawyers understand the process can be difficult for everyone involved. We will work closely with you to provide the highest level of service possible during this challenging time. That is our commitment to you. We will examine your case to design the best strategy to ensure you are treated equitably. Contact us today for help.',	'Tampa Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'divorce',	'',	'',	'2019-12-30 14:11:10',	'2019-12-30 22:11:10',	'',	427,	'https://www.megajustice.com/?page_id=2636',	0,	'page',	'',	0),
(2700,	1,	'2018-09-17 17:23:55',	'2018-09-18 00:23:55',	'<h1>Tampa Parenting Plan Lawyer</h1>\r\n\r\nIn Florida, when a couple has children and files for divorce, a court will only finalize the dissolution of the marriage if a parenting plan is in place. These types of plans, which address time sharing, the division of parental responsibilities, and child support are required in all cases where minor children are involved, even if the division of parenting time is not in dispute. Many couples are able to come up with these plans on their own in out-of-court negotiations, although a judge will still need to sign off on them before they will be considered legally binding.\r\n\r\nHowever, if a couple is unable to come to an agreement on how time sharing or parental responsibilities should be divided, a court will step in and implement its own plan. Although directed to create a parenting plan that serves the best interests of a couple’s children, judges don’t always have a firm grasp of the unique circumstances of each family, so if possible, it is often in a divorcing couple’s best interests to attempt to create their own plan and then submit it to the court for approval. If you need help drafting your own parenting plan or have questions about dividing time sharing and parental responsibilities,please contact a member of our dedicated <strong>Tampa parenting plans lawyers</strong> today.\r\n\r\n<h2>What Must be Included in a Parenting Plan</h2>\r\n\r\n<strong> </strong>Although the details of all parentings plans will be different, there are certain elements that must be included, including:\r\n\r\n<ul>\r\n 	<li><p>How the child’s parents will divide responsibility for daily child rearing tasks;</p></li>\r\n 	<li><p>A timesharing schedule that describes how much time the parties will be able to spend with the child;</p></li>\r\n 	<li><p>Who will be responsible for making decisions about the child’s healthcare, religion, and schooling, as well as the address to be used for determining where a child will register for and attend school; and</p></li>\r\n 	<li><p>The technologies and methods that the parties are permitted to use when contacting the child.</p></li>\r\n</ul>\r\n\r\nBecause these are merely the minimum requirements that must be met when drafting a parenting plan, families have the option of including additional information, such as how disputes about time sharing or decision making will be handled. Essentially, each parenting plan can and should be tailored to address the specific needs of a family.\r\n\r\n<h2>Best Interests of the Child</h2>\r\n\r\nEven if a couple is able to come up with a parenting plan on their own, the agreement will still need to be approved by a court who will assess whether the plan serves the best interests of the child, which in turn, requires an analysis of certain factors, including:\r\n\r\n<ul>\r\n 	<li>Each parent’s ability to encourage and facilitate a close parent-child relationship and to honor the time sharing arrangement;</li>\r\n 	<li>The geographic viability of the parenting plan;</li>\r\n 	<li>The mental and physical health of all parties;</li>\r\n 	<li>The child’s home, community, and school record;</li>\r\n 	<li>The reasonable preference of the child;</li>\r\n 	<li>Each parent’s ability to provide a consistent routine for the child; and</li>\r\n 	<li>The specific tasks usually performed by each parent.</li>\r\n</ul>\r\n\r\nTo learn more about drafting a parenting plan that satisfies this standard, please call our legal team today.\r\n\r\n<h2>Call Today for Legal Assistance</h2>\r\n\r\nIf you are considering divorce and have children, please call 813-242-4404 and one of the parenting plan lawyers at The Pawlowski//Mastrilli Law Group will help ensure that your own parenting plan addresses the needs of all parties.',	'Tampa Parenting Plan Lawyer',	'',	'publish',	'closed',	'closed',	'',	'parenting-plans',	'',	'',	'2021-10-04 17:04:48',	'2021-10-05 00:04:48',	'',	427,	'https://www.megajustice.com/?page_id=2547',	0,	'page',	'',	0),
(2701,	1,	'2018-09-17 17:25:12',	'2018-09-18 00:25:12',	'<h1>Tampa Low Cost/Flat Fee Unbundled Services</h1>\r\n\r\nWhen rich celebrity couples divorce, the property division, family support, and other disputes often take many months to resolve. But most people who need family law services in Tampa are not rich celebrities. In fact, many of these families have few issues to resolve and may just need help here or there to expedite the case. The Florida Bar Association recently allowed attorneys to provide unbundled services for situations just like these.\r\n\r\nAt The Pawlowski//Mastrilli Law Group, we go a step further. In addition to unbundled or a la carte legal services, we also apply a sliding scale in many cases. If the divorce or other matter is truly “uncontested,” which means there are no disputes whatsoever, we often adjust our fees accordingly. These moves are consistent with our core values. We do not practice family law primarily to make money. Our <strong>Tampa low cost/flat fee unbundled services lawyers</strong> mostly want to help people like you.\r\n\r\n<h2>What Are Unbundled Legal Services?</h2>\r\n\r\nUntil very recently, Florida divorce lawyers were a lot like cable TV providers. You might only want the sports and movie channels. But to get them, you must also subscribe to the news channels, home shopping channels, and every other channel in the lineup.\r\n\r\nSimilarly, if you retained a divorce attorney in Florida, that attorney was responsible for the entire case. Therefore, attorneys had to charge accordingly.\r\n\r\nThis policy made sense. But it also left a very large gap between highly-complex cases and incredibly simple absentee spouse cases. Now, The Pawlowski//Mastrilli Law Group attorneys may break down their services into items like:\r\n\r\n<ul>\r\n 	<li>Drafting pleadings,</li>\r\n 	<li>Representing you at mediation,</li>\r\n 	<li>Informally negotiating with the other side,</li>\r\n 	<li>Researching legal issues,</li>\r\n 	<li>Handling discovery requests or responses,</li>\r\n 	<li>Reviewing documents,</li>\r\n 	<li>Preparing you for the final hearing, and/or</li>\r\n 	<li>Appearing with you at the final hearing.</li>\r\n</ul>\r\n\r\nIf you only need help in a few of these areas, unbundled representation could save you hundreds of dollars or even more. Plus, you’ll have additional peace of mind and be free to pursue other activities in your free time.\r\n\r\n<h2>Low-Cost Divorces</h2>\r\n\r\nThe aforementioned absentee spouse case is a good example. Some divorces involve no children and little or no property. Plus, the other spouse might have abandoned the relationship. Usually, proper service is the only issue in these cases. Once that technicality is out of the way, the remainder of the proceeding is little more than filing forms.\r\n\r\nOn a related note, if the other spouse cannot be located, some judges allow service via Facebook or other online sources. If available, such shortcuts can save you even more time and money.\r\n\r\nIn both low-cost and standard divorces, we usually charge predictable flat fees. After so many years of experience, we can estimate the amount of time it takes to perform certain services. Flat fees are much more predictable, and carry much less risk for clients, than hourly fees.\r\n\r\n<h2>Work With Assertive Lawyers</h2>\r\n\r\nOur level of commitment to a case is never related to the size of the legal fee. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. Convenient payment plans are available.',	'Tampa Low Cost/Flat Fee Unbundled Services',	'',	'publish',	'closed',	'closed',	'',	'low-cost-flat-fee-unbundled-services',	'',	'',	'2019-12-30 14:13:12',	'2019-12-30 22:13:12',	'',	427,	'https://www.megajustice.com/?page_id=2549',	0,	'page',	'',	0),
(2702,	1,	'2018-09-17 17:24:26',	'2018-09-18 00:24:26',	'<h1>Tampa Military Divorce Lawyer</h1>\r\n\r\nServing in the armed forces is a job like no other. Yet those who serve are not immune to family strife. In fact, constant moving and lengthy deployments often place even more strain on a marriage relationship. That’s especially true if one spouse comes from a non-military background. Sometimes, it’s just too much. When divorce happens in these contexts, many issue arise which makes these proceedings quite different from civilian divorces.\r\n\r\nOnly a handful of Florida attorneys are comfortable with these differences. The <strong>Tampa military divorce lawyers</strong> at The Pawlowski//Mastrilli Law Group belong to this select group. We have a considerable amount of experience in these cases. So, we are familiar with the complexities they present. Perhaps more importantly, we are familiar with military families. That compassion sets us apart from some other attorneys who only have experience.\r\n\r\n<h2>Service and Residency Requirements</h2>\r\n\r\nBecause of the aforementioned deployments, many times, one spouse is completely unavailable when the other spouse files for divorce. Even if the deployed spouse knows about the proceeding, and that is a big “if,” there is very little that the deployed spouse can do in response.\r\n\r\nSo, the Soldiers and Sailors Relief Act essentially places divorce proceedings on hold until both spouses can equally participate in the process. This law may apply to other civil lawsuits as well, such as credit card collections actions or personal injury claims.\r\n\r\nFurthermore, due to the aforementioned relocations, neither spouse may meet Florida’s residency requirements. If the judge refuses to let the case go forward, orders may come down at any time. Then, the family faces the same issue in a different state.\r\n\r\nBy the time one spouse files for divorce, most families are simply ready to move on. They may even agree about child custody, spousal support, and other key issues. Most Florida judges understand these dynamics. So, they are willing to waive the residency requirement in military divorce cases.\r\n\r\n<h2>Military Benefits and Pensions</h2>\r\n\r\nThe military life has many hardships, but it also has many emotional and financial benefits. For example, servicemembers and their families may often shop at the PX and other subsidized locations. Moreover, military families often have access to low-cost health insurance.\r\n\r\nGenerally, these benefits continue after divorce if the military spouse had at least 20 years of service and the marriage lasted at least 20 years. That’s a significant departure from civilian employment-based benefits. Usually, such benefits terminate with divorce, and that includes group health benefits.\r\n\r\nMilitary retirement divisions work a little differently as well. The Defense Finance and Accounting Service (DFAS) generally adheres to the 10/10/50 rule. If the servicemember spouse had at least ten years of service and the marriage lasted at least ten years, the DFAS nearly always divides the amount accrued during the marriage on a 50/50 basis.\r\n\r\nDivision may also be possible if the service or marriage lasted less than 10 years. However, the DFAS will not divide the account. Such division is up to the parties.\r\n\r\n<h2>Domestic Support Obligations</h2>\r\n\r\nMilitary pay is not limited to dollars and cents. Many servicemembers receive housing allowances and other substantial non-cash compensation. Moreover, the PX and other benefits are normally part of the total compensation package.\r\n\r\nAlimony and child support exist so that, to the greatest extent possible, the ex-spouses and their children will have the same standard of living they had before the divorce. Therefore, all this compensation must be accounted for when determining DSOs.\r\n\r\n<h2>Contact Dedicated Tampa Military Divorce Lawyers Today</h2>\r\n\r\nMilitary divorces require advocates who understand the unique legal, financial, and emotional implications of these cases. For a free consultation with an experienced family law attorney in Tampa, contact The Pawlowski//Mastrilli Law Group. Home and after-hours visits are available.',	'Tampa Military Divorce Lawyer',	'',	'publish',	'closed',	'closed',	'',	'military-divorce',	'',	'',	'2019-12-30 14:13:52',	'2019-12-30 22:13:52',	'',	427,	'https://www.megajustice.com/?page_id=2552',	0,	'page',	'',	0),
(2703,	1,	'2018-09-17 17:10:28',	'2018-09-18 00:10:28',	'<h1>Tampa Postnuptial Agreement Lawyer</h1>\r\n\r\nPostnuptial agreements, as their name suggests, are entered into after a marriage has already taken place. However, these agreements do fulfill the same general function as a prenuptial agreement, in that they outline who will retain ownership of certain types of property in the event that a married couple decides to separate or divorce, or one party passes away. To learn more about whether drafting a postnuptial agreement is right for you and your spouse, please contact one of our dedicated <strong>Tampa postnuptial agreement lawyers</strong> today.\r\n\r\n<h2>Drafting a Postnuptial Agreement</h2>\r\n\r\nAlthough it may not seem like the most romantic gesture, drafting a postnuptial agreement is not only necessary for couples who are having marital conflict. In fact, many couples choose to enter into postnuptial agreements after a change in employment status, the birth of a child, or any type of change in finances. However, postnuptial agreements are only considered enforceable if they are in writing, signed by both parties, and don\'t contain any prohibited information. Like prenuptial agreements, postnuptial contracts will also be deemed unenforceable if they are the result of coercion, fraud, or duress. In these cases, courts can decide to either eliminate the questionable provisions or throw out the entire agreement altogether.\r\n\r\n<h2>What Can be Included in a Postnuptial Agreement?</h2>\r\n\r\nPostnuptial agreements, like prenuptial agreements can cover a wide range of finance-related issues, including how certain assets will be disposed of upon the occurrence of a particular event, such as divorce. However, these types of agreements are also different, in that they can include information related to time sharing or decision making responsibilities. Aside from these issues, postnuptial agreements can also address the following topics:\r\n\r\n<ul>\r\n 	<li>Which assets are considered non-marital assets and which qualify as marital property;</li>\r\n 	<li>Who will be responsible for paying off certain debts;</li>\r\n 	<li>Whether any funds are to be reserved for a child’s college expenses;</li>\r\n 	<li>The division of parenting time and parental responsibilities;</li>\r\n 	<li>Who will retain ownership of any pets;</li>\r\n 	<li>How cohabitation or remarriage will affect one spouse’s right to alimony; and</li>\r\n 	<li>The fate of shared mortgages or their equity upon dissolution of the marriage.</li>\r\n</ul>\r\n\r\nThese are not the only topics that these kinds of agreements can cover, so if you have questions about what can be included in your own postnuptial agreement, it is important to speak with an experienced attorney who can advise you.\r\n\r\n<h2>Common Mistakes</h2>\r\n\r\nAlthough drafting postnuptial agreements has become increasingly common, many parties who enter into these types of agreements make avoidable mistakes that put the entire contract at risk of being thrown out. For instance, the use of unclear or ambiguous language can make a provision completely unenforceable. Many couples also fail to establish whether they will file their tax returns jointly or separately after divorce and how assets will be divided. Another common mistake is a failure to include a clause regarding indemnification of one spouse from the debts of the other.\r\n\r\n<h2>Call Today for a Free Consultation</h2>\r\n\r\nTo schedule a free case evaluation with a dedicated postnuptial agreement lawyer, please call The Pawlowski//Mastrilli Law Group at 813-242-4404 today.',	'Tampa Postnuptial Agreement Lawyer',	'',	'publish',	'closed',	'closed',	'',	'postnuptial-agreements',	'',	'',	'2021-10-04 17:05:10',	'2021-10-05 00:05:10',	'',	427,	'https://www.megajustice.com/?page_id=2569',	0,	'page',	'',	0),
(2704,	1,	'2018-09-17 17:23:09',	'2018-09-18 00:23:09',	'<h1>Tampa Paternity Lawyer</h1>\r\n\r\nParents have certain legal rights and responsibilities when it comes to their children. For instance, parents are legally obligated to financially support their offspring, but also, with a few exceptions, have the right to visit or have access to those children. However, a person can only assert these rights if he or she is determined to be a child’s legal parent. When a couple is married, the exercise of these rights and responsibilities is usually not an issue because under Florida law, any child born to a woman during marriage is automatically presumed to be the biological child of the woman’s husband. Things can become much more complicated when two parents are not married at the time of the child’s birth. In these cases, the parties will need to take certain steps if they want to ensure that the child’s father has rights to visitation and the obligation to pay child support.\r\n\r\nEstablishing paternity can be a difficult process, especially if one of the child’s parents opposes it, so if you have questions about how to prove that you are the biological father of your child or someone is falsely claiming to be your child’s other parent, it is critical to speak with an experienced <strong>Tampa paternity lawyer</strong> as soon as possible about your legal options.\r\n\r\n<h2>Establishing Paternity</h2>\r\n\r\nAlthough most people associate establishing paternity with DNA tests and court orders, there are actually a number of ways to establish one’s status as a child’s father. For instance, when a child’s father is present at the hospital at the time of the birth, but is not married to the mother, he has the option of signing a form, in which he officially acknowledges paternity. However, this option is not available if a child’s mother is married to someone else, even if she acknowledges that the child is not the biological offspring of her husband. Couples who were not married when they had a child, but later decide to get married can also add the father’s name to the child’s birth certificate if it is not already listed by completing and submitting an affirmation of paternity.\r\n\r\nIt is also possible in Florida to establish paternity of a child by filing a civil action in court. In these cases, courts usually order DNA testing, which can be done at a variety of different times, including before the child is born. This is known as prenatal testing and involves taking a blood sample from the mother, isolating the child’s DNA from that sample, and comparing it to the sample provided by the alleged father.\r\n\r\nPostnatal testing is much more common and simply involves comparing a child’s blood or DNA sample (collected from a cheek swab) to the alleged father’s DNA. Once the results are in, a judge will issue a ruling on the child’s paternity. However, in some cases, testing is not even necessary, as courts are permitted to issue an order establishing paternity if a child’s alleged father is given notice of the legal proceedings, but chooses not to attend.\r\n\r\n<h2>Contact Our Tampa Paternity Lawyers Today</h2>\r\n\r\nTo learn more about the process of demonstrating your biological relationship to a child, please contact one of the dedicated Tampa paternity lawyers at The Pawlowski//Mastrilli Law Group by calling 813-242-4404 today.',	'Tampa Paternity Lawyer',	'',	'publish',	'closed',	'closed',	'',	'paternity',	'',	'',	'2021-10-04 17:04:59',	'2021-10-05 00:04:59',	'',	427,	'https://www.megajustice.com/?page_id=2577',	0,	'page',	'',	0),
(2705,	1,	'2018-09-17 17:24:42',	'2018-09-18 00:24:42',	'<h1>Tampa Mediation Lawyer</h1>\r\n\r\nWhen many people think about divorce, they imagine a tense court setting where the parties are required to litigate their issues. While it is true that many family law-related cases do go to trial, it is not the only option available. Mediation, for instance, can save couples both money and time, while also allowing them to keep decision making power in their own hands. To find out more about mediation and whether it is right for you and your family, please contact one of our dedicated <strong>Tampa mediation lawyers</strong> for assistance.\r\n\r\n<h2>What is Mediation?</h2>\r\n\r\nMediation is a form of alternative dispute resolution, in which the parties meet in the presence of a neutral third party to negotiate and settle their dispute in an out of court setting. Mediators, unlike arbitrators, are not permitted to decide which party is right or wrong or decide how a dispute will be resolved. Instead, the parties are encouraged to find solutions that meet their specific needs, while the mediator helps encourage amicable communication. Many courts require couples to attempt mediation before going to court over a family-related legal issue. However, it is also possible for the parties to choose to go through mediation on their own.\r\n\r\nIf a couple decides to mediate and comes to a mutually acceptable agreement, the terms must be recorded in writing and signed by both parties. This document can then be submitted to a court, who will review it before determining whether it is enforceable. Once approved, the agreement becomes a binding court order with which all parties must comply. It is also not required for the parties to come to an agreement on all aspects of their case. For instance, a couple going through a divorce may come up with a child custody arrangement, but be unable to agree on how marital property will be divided. In these cases, the court can enforce the portion of the agreement that is related to child custody, while also stepping in and making a separate determination about property division.\r\n\r\n<h2>The Advantages of Mediation</h2>\r\n\r\nMediation has a number of advantages over litigating in court. For instance, mediation ensures that the issues that are important to the parties are not decided by a third party who is not familiar with their particular circumstances. Additionally, unlike trials and hearings, everything that is revealed in mediation is confidential. The only exceptions to this rule are when information about child or elder abuse is revealed, or one party shares that someone is planning to commit a crime. Mediators are also uniquely equipped to help parties overcome obstacles to communication and remain focused on the important issues at hand. In the event that negotiations stall, mediators can often help restart the conversation and help both parties come to a solution that is in both of their best interests.\r\n\r\n<h2>Contact an Experienced Tampa Mediation Lawyer</h2>\r\n\r\nMediating family disputes can save the parties both time and money, so if you are currently involved in a dispute with your spouse or another family member, please call the legal team at The Pawlowski//Mastrilli Law Group to find out whether mediation is right for you. You can reach us 24 hours a day, seven days a week at 813-242-4404.',	'Tampa Mediation Lawyer',	'',	'publish',	'closed',	'closed',	'',	'mediation',	'',	'',	'2021-10-04 17:04:14',	'2021-10-05 00:04:14',	'',	427,	'https://www.megajustice.com/?page_id=2587',	0,	'page',	'',	0),
(2708,	1,	'2018-09-17 17:28:33',	'2018-09-18 00:28:33',	'<h1>Tampa Independent Adoption Lawyer</h1>\r\n\r\nAll adoptions require an attorney to complete the legal aspects of the process. If you work with an adoption agency, the agency typically coordinates an attorney to work on behalf of the soon-to-be-parents. However, when you opt for an independent adoption, there is no such benefit. If you choose an independent adoption over an agency adoption, you must hire a Tampa independent adoption attorney to facilitate the process and make sure that everything is in writing before taking your new baby or child home. Our <strong>Tampa independent adoption lawyers</strong> at The Pawlowski//Mastrilli Law Group are prepared to help you do just that, and to support you throughout every stage of this exciting journey.\r\n\r\n<h2>The Benefits of Working With an Adoption Lawyer</h2>\r\n\r\nAside from the fact that an adoption lawyer is necessary to complete the legalities of an adoption, there are several benefits of working with an adoption attorney from the very beginning of the process and through to the end. Some of the top benefits of hiring an experienced lawyer include the following:\r\n\r\n<ul>\r\n 	<li><p><strong>Safely Terminate the Father’s Birth Rights: </strong>Sometimes, a single mother will put a child up for adoption without consulting the father, mostly because the mother is not aware of who the father is. In these instances, it is essential to proceed with caution, and to do everything by the book. A skilled lawyer can help you safely terminate the father’s legal rights and ensure that your rights are upheld throughout the entirety of the process.</p></li>\r\n 	<li><p><strong>Ongoing Support and Resources: </strong>Adoption is rarely cut and dry, and you may discover that you have a lot of pressing questions when you are finally in the midst of the process. The right lawyer can help you address any questions and concerns that you do have and provide ongoing support when the situation becomes complicated (as many adoptions are apt to do).</p></li>\r\n 	<li><p><strong>Knowledge of Current Adoption Laws: </strong>Attorneys are required to be up-to-date on the latest adoptions laws. This can be hugely helpful during the process, as even one mistake can mean the difference between an adoption being finalized or an adoption falling through.</p></li>\r\n</ul>\r\n\r\n<h2>How to Choose the Right Adoption Attorney for You</h2>\r\n\r\nIf you have decided to pursue an independent adoption and now need to hire a compassionate and knowledgeable lawyer, there are certain criteria you should keep in mind. To help you determine whether or not an attorney meets these criteria, ask the following questions during an initial consultation:\r\n\r\n<ul>\r\n 	<li>Are you a member of the American Academy of Adoption Attorneys?</li>\r\n 	<li>Can you explain the adoption legal process in depth?</li>\r\n 	<li>Do you have a list of waiting families or birth mothers?</li>\r\n 	<li>If you do not have a list of waiting families or birth mothers, how do you help either party facilitate a successful adoption?</li>\r\n 	<li>Who in your firm is responsible for adoption counseling, and how much experience does he or she have?</li>\r\n 	<li>How much control do I have over this adoption?</li>\r\n 	<li>How often are you available, and how can I reach you?</li>\r\n 	<li>How do you feel about open adoptions?</li>\r\n 	<li>How do you facilitate post-placement contact, if that is what both parties want?</li>\r\n</ul>\r\n\r\nThere is no “right” answer to these questions—just answers that are right for you. For this reason, it is imperative that you have an idea of what you want your adoption process to look like.\r\n\r\n<h2>Contact a Tampa Independent Adoption Lawyer Today</h2>\r\n\r\nIf you are ready to grow your family via independent adoption, reach out to The Pawlowski//Mastrilli Law Group today. We are ready to support you throughout this exciting time in your life, and to facilitate a successful and stress-free adoption. Contact our office today to get started.',	'Tampa Independent Adoption Lawyer',	'',	'publish',	'closed',	'closed',	'',	'independent-adoptions',	'',	'',	'2019-12-30 14:12:21',	'2019-12-30 22:12:21',	'',	427,	'https://www.megajustice.com/?page_id=2601',	0,	'page',	'',	0),
(2710,	1,	'2018-09-17 17:10:05',	'2018-09-18 00:10:05',	'<h1>Tampa Retirement &amp; Pension Division Lawyer</h1>\r\n\r\nAccording to the Pew Research Center, the rate of divorce amongst retirees has doubled since the 1990s, resulting in what we now call the “gray divorce.” Gray divorce is often much more complicated than the standard divorce—and may even be more complicated than a contentious divorce—as most elderly couples have significantly more shared assets than younger couples. Some such assets include retirement funds and pensions.\r\n\r\nRetirement funds and pension accounts are considered marital property, just as the family home or vehicles are. However, whereas the family home can be sold and proceeds split – and whereas the family vehicles can be separated – retirement funds and pensions are not so easily divided. Sometimes, disputes arise because the working party does not think that the stay-at-home party is entitled to the funds. Other times, disputes arise because an account is an interest earning one and it is not yet time to withdraw funds. More often than not, disputes arise because of both these reasons. Whatever the reason for the dispute, dividing retirement and pension accounts can be a difficult and contentious endeavor. For this reason, you should work with a <strong>Tampa retirement &amp; pension division lawyer</strong> when going through a gray divorce.\r\n\r\n<h2>Using a Qualified Domestic Relations Order to Divide Retirement and Pension Accounts in a Florida Divorce</h2>\r\n\r\n<strong> </strong>Typically, all marital assets or forms of income earned during a marriage are subject to property division in a Florida divorce. However, when assets include bank accounts or retirement accounts, they are categorized as a QDRO. According to the Department of Labor, a QDRO is a <em>“domestic relations order that creates or recognizes the existence of an alternate payee\'s right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan.”</em>Plans recognized as a QDRO include the following:\r\n\r\n<ul>\r\n 	<li>Private pensions;</li>\r\n 	<li>401(k) plans;</li>\r\n 	<li>Government or military pensions;</li>\r\n 	<li>IRAs;</li>\r\n 	<li>Stock options and deferred compensation;</li>\r\n 	<li>Salary, bonuses, and commissions; and</li>\r\n 	<li>Other qualified retirement plans.</li>\r\n</ul>\r\n\r\nA QDRO allocates the couple’s total nest egg in accordance with the parties’ mediated agreement. It then defines how an alternate payee will obtain all or part of the benefits a retirement plan participant has accrued.\r\n\r\n<h2>Valuing Pension &amp; Retirement Accounts</h2>\r\n\r\nPart of what makes dividing pension and retirement accounts so difficult is that the amount of money in the account does not often equate to the amount of marital money used to grow the account. For certain accounts, such as pensions, the courts must also take into consideration the future worth of the account.\r\n\r\nFor instance, an IRA that was opened during the marriage and grown with strictly marital funds would be easy to distribute, as it would be subject to equitable distribution laws. However, if a plan participant started contributing to the account prior to the union, and/or if the account is an employer contribution account, things can become more complex.\r\n\r\nThings become even trickier when dealing with a defined-benefit plan. With a defined-benefit plan, there are many yet-to-be-determined factors. For instance, a pension is often determined based on the number of years of employment and the salary earned in the last year before retirement. If the plan participant is still working, it can be impossible to determine the plan’s value.\r\n\r\nThe Florida courts will do their best to value a not-yet-matured plan by taking the following factors into consideration:\r\n\r\n<ul>\r\n 	<li>When the employed spouse will be eligible for retirement;</li>\r\n 	<li>The employed spouse’s life expectancy;</li>\r\n 	<li>The discounted value of the pension at the date of separation;</li>\r\n 	<li>The anticipated value of the pension on the earliest retirement date; and</li>\r\n 	<li>Any contingencies that may reduce the value of the account.</li>\r\n</ul>\r\n\r\n<h2>Retain the Help of a Knowledgeable Retirement and Pension Division Lawyer</h2>\r\n\r\nWhether you are going through a gray divorce or have acquired significant retirement assets in the early years of your career, you can benefit from the help of a Tampa divorce lawyer who is qualified in the division of retirement accounts. Contact The Pawlowski//Mastrilli Law Group to discuss your unique case today.',	'Tampa Retirement & Pension Division Lawyer',	'',	'publish',	'closed',	'closed',	'',	'retirement-pension-division',	'',	'',	'2019-12-30 14:16:02',	'2019-12-30 22:16:02',	'',	427,	'https://www.megajustice.com/?page_id=2606',	0,	'page',	'',	0),
(2803,	3,	'2018-10-24 07:43:06',	'2018-10-24 14:43:06',	'The word <a href=\"/tampa-family-lawyer/child-custody/\">custody</a> when it comes to a child or children in a divorce is thrown around very often. But as is the case with many kinds of legal terms, the legal definition of custody in Florida is much different than the meaning that most of the population gives to it.\n\nWhile it isn’t necessary that you become a family law legal scholar to understand how the legal definition affects your rights, it is important to have a working knowledge of the terms used so that you have an idea of what to expect if you’re anticipating a divorce.\n\n<h2>Custody Has No Legal Meaning</h2>\n\nYou read that correctly: Florida has done away with the legal definition of custody. Rather, Florida has divided the term into two separate terms: parental responsibility (or decision making) and time sharing.\n\nFlorida has a presumption in favor of shared, equal decision making. That presumption can be overcome with a showing that one parent is not fit to make decisions or that it isn’t in the child’s best interests, but in general, so long as both parents are fit, they will jointly make decisions about major things in the child’s life. That can include where the child goes to school, enrollment in after-school activities, or participation in a given religion.\n\n<a href=\"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0061/Sections/0061.13.html\">Time sharing</a> is where the child actually, physically resides. There is no presumption against any particular schedule, and that means that the court will be neutral on whether the parties will share time with a child 50-50. The court will look to the best interests of the child, so if spending half time with one parent and half with the other would complicate going to school or social activities, or if one parent’s home is not set up for or appropriate for the child to spend extensive time there, one parent may get more time with the child than the other.\n\nThe logic is that courts understand that it may be best for a child to spend more time in one parent’s home than the other’s (or one parent may have a schedule that’s able to accommodate the child better than the other), but that does not affect the right of the other parent to raise their child and make decisions about the child’s life.\n\n<h2>The Parenting Plan</h2>\n\nFlorida courts will fill out a parenting plan in a divorce case whenever minor children are involved (or else, the parties can complete one on their own, if they are able to agree). The parenting plan is a list of almost every aspect of a child’s life and daily activities that clearly delineates which parent will be responsible for what area of a child’s life.\n\nEverything from how child exchanges are done, to out of state travel, to how a parent communicates with the child when he/she is with the other parent is covered in the plan. If you are thinking about a divorce, you may want to review the form to get an idea of the kinds of decisions you and your spouse will have to make about your child.\n\nIf you have a Florida divorce or child custody problem, make sure your attorneys are ready to help you from the very start. Contact Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for help.\n\nResource:\n\nflcourts.org/content/download/403367/3458536/995a.pdf',	'Custody Doesn’t Mean What You Think in Florida',	'',	'publish',	'closed',	'closed',	'',	'custody-doesnt-mean-what-you-think-in-florida',	'',	'',	'2018-10-24 07:43:06',	'2018-10-24 14:43:06',	'',	0,	'https://www.megajustice.com/?p=2803',	0,	'post',	'',	0),
(2804,	3,	'2018-10-24 07:42:57',	'2018-10-24 14:42:57',	'',	'Custody2',	'',	'inherit',	'closed',	'closed',	'',	'custody2',	'',	'',	'2018-10-24 07:42:57',	'2018-10-24 14:42:57',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/10/Custody2.jpg',	0,	'attachment',	'image/jpeg',	0),
(2806,	3,	'2018-10-25 03:00:20',	'2018-10-25 10:00:20',	'Imagine that you are a man and are in a relationship with, or even have an affair with a woman who is married. Maybe she is about to be divorced, maybe she lives apart from her legal husband—but whatever the situation, she becomes pregnant, and you know or strongly suspect that the child is yours. Perhaps a <a href=\"/tampa-family-lawyer/fathers-rights/\">paternity</a> test even proves it.\n\nYou want a relationship with the child, you’re willing to pay child support and you want to raise your child. The problem is, until recently, you were a “nobody” to the child in the eyes of the law.\n\n<h2>Presumption of Legitimacy Challenged</h2>\n\nThat’s because the law presumes that a child born to married parents is the biological child of those parents. That means that at any time you (in our hypothetical) can be shut out and excluded from your child’s life, and they (the natural mother and her husband) can raise the child how they please with no input from you and without providing you any contact with your child.\n\nThis was the situation ruled on by the Florida Supreme Court in a landmark decision regarding a biological father’s rights.\n\nIn the case, the mother said she was married to her legal husband only for “immigration reasons.” The biological father had been in a three-year relationship with the mother, took an active part in the child’s life and helped raise the child, and the child even lived with him for some time. His name was even on her birth certificate. He took the child to doctor’s visits.\n\nWhen the mother reunited with her husband, they shut out the biological father. He filed for paternity and to disestablish the husband from paternity. But the married couple moved to dismiss the petition. A lower court agreed, citing the presumption of child legitimacy when parents are married. But the man took the case all the way to the Florida Supreme Court.\n\n<h2>Supreme Court Allows Paternity Challenge</h2>\n\nThe Florida Supreme Court held that a presumed biological father could in fact challenge paternity of a child born to a couple in wedlock when the biological father “manifested a substantial and continuing concern” for the child and where the alleged biological father has a “clear and compelling reason” that is based on the best interests of the child.\n\nThe case doesn’t automatically mean biological fathers get rights by proving they are genetically the child’s father—only that they will have the opportunity to have parental rights by meeting the standards and legal tests set forth by the Supreme Court.\n\nPractically, biological fathers seeking to overcome the burden of legitimacy when a child is born to married parents should make every effort to be a part of their child’s life. They should voluntarily pay child support, even if the money is rejected.\n\nFathers looking to gain the legal rights that biological fathers have should be able to show why the child would be better off with the biological father in the child’s life.\n\nIf you have a paternity, custody or child support issue in Florida, contact Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for help.\n\nResources:\n\nlaw.com/dailybusinessreview/2018/07/19/the-florida-supreme-court-expands-rights-of-biological-parents/\n\nsbcf-famlaw.com/wp-content/uploads/2018/07/Florida-Supreme-Court-Ruling-re-Biological-Fathers.pdf',	'Florida Supreme Court Gives Rights to Biological Fathers',	'',	'publish',	'closed',	'closed',	'',	'florida-supreme-court-gives-rights-to-biological-fathers',	'',	'',	'2018-10-25 03:00:20',	'2018-10-25 10:00:20',	'',	0,	'https://www.megajustice.com/?p=2806',	0,	'post',	'',	0),
(2807,	3,	'2018-10-24 07:45:46',	'2018-10-24 14:45:46',	'',	'Parenting1',	'',	'inherit',	'closed',	'closed',	'',	'parenting1',	'',	'',	'2018-10-24 07:45:46',	'2018-10-24 14:45:46',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/10/Parenting1.jpg',	0,	'attachment',	'image/jpeg',	0),
(2830,	3,	'2018-11-08 05:25:25',	'2018-11-08 13:25:25',	'<a href=\"/tampa-family-lawyer/alimony/\">Alimony</a> seems to be mentioned hand in hand with the word divorce. Although child support may appear daunting as well, there is at least the feeling that the money is going towards support of the minor child. Alimony however, to many, seems superfluous, a payoff to an ex that he or she doesn\'t need or deserve. Part of that misconception may be because of lack of understanding the basics of alimony.\n\n<h2>Alimony Basics</h2>\n\nAlimony is simply money that is intended to allow the receiving party to live in the manner that he/she was accustomed to during the marriage. In some ways, this itself is misleading, because often even with alimony payments, both parties must find ways to cut expenses in order to survive.\n\nThe prospect of paying alimony can seem frightening to divorcees because of its subjectivity. Child support has a numeric formula that people can plug incomes into and get a rough idea what a child support payment will be. But alimony has no such thing, and is often left to the discretion of the judge.\n\n<h2>Factors Considered in Alimony Decisions</h2>\n\nOne factor that plays into how much alimony is paid is the income of the parties--or rather, the income disparity. Where the disparity is large, the chance of paying some alimony is greater.\n\nThe other factor is the length of the marriage; shorter marriages are less likely to have an alimony award, and if they do, it is more likely to be a temporary or lump sum alimony award.\n\n<h2>Types of Alimony</h2>\n\nAlimony doesn\'t have a specific purpose--the receiving party can use it for however he or she wants (and there is no bias based on whether you are the husband or wife, contrary to popular opinion). However, there are overriding goals of certain kinds of alimony.\n\nFor example, rehabilitative alimony is awarded for a closed period of time, and intended to allow the receiving party to re-establish him or herself financially.\n\nLump sum alimony is a one-time payment, and can often be made by adjusting the division of property in the marriage.\n\nPermanent alimony is only for long-term marriages, usually around 15-17 years. Permanent alimony is possible, albeit difficult to obtain, in shorter marriages. It is awarded where the receiving party is unlikely to be able to get him or herself back on her feet, perhaps because of age, disability, or simply having to rear the children for an extended period of time.\n\n<h2>Termination of Alimony</h2>\n\nAlmost every kind of alimony will terminate when and if the other spouse remarries or enters into a \"supportive relationship.\" Often, a spouse cohabitating with another partner will terminate alimony.\n\nBecause permanent alimony is by definition permanent, if something occurs that causes the cessation of payments like a recipient\'s remarriage, the party seeking to stop paying must petition a court before payments cease.\n\nDo you have questions about what to expect in an upcoming divorce? Contact Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for help.',	'Understand the Purpose and Types of Alimony',	'',	'publish',	'closed',	'closed',	'',	'understand-the-purpose-and-types-of-alimony',	'',	'',	'2018-11-08 05:25:25',	'2018-11-08 13:25:25',	'',	0,	'https://www.megajustice.com/?p=2830',	0,	'post',	'',	0),
(2831,	3,	'2018-11-08 05:25:04',	'2018-11-08 13:25:04',	'',	'Alimony8',	'',	'inherit',	'closed',	'closed',	'',	'alimony8',	'',	'',	'2018-11-08 05:25:04',	'2018-11-08 13:25:04',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/11/Alimony8.jpg',	0,	'attachment',	'image/jpeg',	0),
(2833,	3,	'2018-11-12 03:00:05',	'2018-11-12 11:00:05',	'One of the biggest issues we hear in a family law case is that an ex (or soon-to-be ex) is purposely not earning enough money to seem like they make less money in hopes of avoiding paying <a href=\"/tampa-family-lawyer/alimony/\">alimony</a> or child support. One spouse may feel that the other is running a business into the ground, or that he or she is purposely working in a job that pays less than what an old job paid, or that the ex is literally doing nothing in order to try to show as low an income as possible.\n\nOn the other side of the spectrum, there are those who really are out of luck. Maybe they have a business that is legitimately failing, or they are in a profession that once was lucrative but now has dried up (such as real estate agents during the real estate crash a few years back). Now, their spouse expects payment based on old income numbers that the other spouse really doesn’t have and can’t pay.\n\n<h2>Imputation of Income</h2>\n\nTo avoid this problem, Florida uses what is known as imputation of income. Imputation of income occurs when a court assumes you make what you are capable of earning based on your experience, education, and background, even if you aren’t actually earning that amount.\n\nFor example, let’s assume you are a chiropractor who once brought home $100K per year. Seeing a divorce coming, you now start going into the office only 3 days a week, and your take-home income has lowered to $60K a year.\n\nUnless there’s some reason why you can’t work the full schedule you once did, the court may “assume” that you are making the $100K that you could be making had you been working five days a week.\n\nThis can lead to a difficult situation for both sides. From the payor’s side, he or she now has to pay money that he or she may be able to earn, but doesn’t presently have. It’s “assumed money.” The payee is in a tough spot as well, because although there may be an award of X dollars in alimony or child support, that money is unlikely to be paid in the short term.\n\n<h2>How Imputation is Calculated</h2>\n\nThe imputation of income can’t be arbitrary or a guess. Most of the time, a court cannot impute income to a party that the person has not historically ever earned.\n\nIn some cases, experts are needed before income is imputed. In our example, a court needs to hear from a chiropractor what a full time employed chiropractor can expect to make. Courts may also look to government statistics as to what a given profession can expect to earn.\n\nRemember that even if you are the one receiving alimony or child support, income can still be imputed to you. In most cases, this would result in a reduced payment from the payor spouse to you.\n\nMake sure your attorneys know the issues you’ll face in your divorce. Contact the Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for a consultation about your rights.\n\nResources:\n\nbls.gov/bls/blswage.htm\n\nfloridabar.org/news/tfb-journal/?durl=%2FDIVCOM%2FJN%2FJNJournal01.nsf%2F0%2F4f88a4e468c829338525719a006a0b17',	'You Can’t Underemploy Yourself to Avoid Payments in a Divorce',	'',	'publish',	'closed',	'closed',	'',	'you-cant-underemploy-yourself-to-avoid-payments-in-a-divorce',	'',	'',	'2018-11-12 03:00:05',	'2018-11-12 11:00:05',	'',	0,	'https://www.megajustice.com/?p=2833',	0,	'post',	'',	0),
(2834,	3,	'2018-11-08 05:28:42',	'2018-11-08 13:28:42',	'',	'CSupport5',	'',	'inherit',	'closed',	'closed',	'',	'csupport5',	'',	'',	'2018-11-08 05:28:42',	'2018-11-08 13:28:42',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/11/CSupport5.jpg',	0,	'attachment',	'image/jpeg',	0),
(2869,	3,	'2018-11-26 09:20:37',	'2018-11-26 17:20:37',	'If you’re involved in a <a href=\"/tampa-family-lawyer/contested-divorce/\">contested divorce</a> case involving custody of kids, you may not have given much thought about having a guardian ad litem (GAL) appointed. A GAL can be a valuable asset when mom and dad have conflicting stories about who is most qualified to live with the children, or contested versions of what is right for a minor child, and a judge will give weight to what a GAL says.\n\n<h2>What Does a GAL Do?</h2>\n\nThe GAL will do an extensive review and observation, and interview with the parents of the child and the child. This can be valuable because as a general rule, kids don’t testify in their own custody hearings. Thus, a GAL can act as the “voice” of a minor child.\n\nA GAL may also interview third parties involved with the child, such as teachers, coaches, or doctors, and may obtain records relating to the child. The GAL will usually participate in hearings that involve the child, and can even ask the court to have the child evaluated by other professionals (doctors or psychologists).\n\nWhen the investigation is complete, the GAL will testify as to his or her findings and recommendations as to the child.\n\nA GAL can be a person with some background or training in psychology, guidance or counseling, or may be an attorney. At the very least, the GAL must be certified by the state’s GAL training program. \n\n<h2>The Function of a GAL</h2>\n\nA court can appoint a GAL on its own, or a party can ask for one to be appointed. A GAL is much like a lie detector test in a criminal case. If you are convinced that you are in the right, and that what you want for the child is best for the child, then the GAL can be an invaluable asset in proving that to the judge, assuming the GAL finds the way you think he or she will.\n\nOn the other hand, again like a lie detector test, sometimes the GAL does not come back exactly as a parent anticipates. Sometimes, the GAL will find your “irrational” ex to be rational or find the “appalling” circumstances to which your ex exposes your child to be just fine. In many cases, children, especially young ones, will be brutally honest with a GAL, more so than with parents, which may hurt, surprise and shock you.\n\nYou also should be on your best behavior—GALs are just people, and they get along with some people and don’t with others. In many cases, family law litigants develop personality conflicts with GALs, which can impact the GAL’s findings.\n\n<h2>Challenging the Guardian</h2>\n\nYou can challenge and contest a GAL’s findings in court, but it is not easy. If you are the one who originally asked for the appointment, a judge won’t take kindly to you now asking that the judge not consider the GAL’s findings. Because many judges see or use the same GALs, there is somewhat of a rapport between them that you will be trying to interfere with should you ask the judge to find what the GAL is finding to be incorrect.\n\nIf you are getting divorced and are seeking custody of minor children, contact Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for help and advice about what you can expect.',	'Should You Ask for a Guardian Ad Litem in a Custody Case?',	'',	'publish',	'closed',	'closed',	'',	'should-you-ask-for-a-guardian-ad-litem-in-a-custody-case',	'',	'',	'2018-11-26 09:20:37',	'2018-11-26 17:20:37',	'',	0,	'https://www.megajustice.com/?p=2869',	0,	'post',	'',	0),
(2871,	3,	'2018-11-26 09:20:31',	'2018-11-26 17:20:31',	'',	'Custody5',	'',	'inherit',	'closed',	'closed',	'',	'custody5',	'',	'',	'2018-11-26 09:20:31',	'2018-11-26 17:20:31',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/11/Custody5.jpg',	0,	'attachment',	'image/jpeg',	0),
(2872,	3,	'2018-11-27 03:00:50',	'2018-11-27 11:00:50',	'One of the biggest questions people have who are preparing themselves for a divorce or who see one coming on the horizon is what should they do or not do to plan in advance. The answer obviously depends on your personal situation, but there are some guidelines everyone should follow to help them prepare.\n\n<ul>\n<li><p><strong>Do not be hostile with your ex if you have a child</strong> - One of the biggest things a judge will look at when determining any custody matter—and a factor written into <a href=\"/tampa-family-lawyer/child-custody/\">custody</a> laws—is which parent is most likely to encourage the child having a meaningful relationship with the other parent. You don\'t have to bend over backwards for him or her, but you should avoid hostility or being the one to make things difficult. Remember things like emails and text messages are evidence as well, so make sure you’re not writing anything you wouldn’t want the judge to see.</p></li>\n<li><p><strong>Try to stay in the marital home if you can</strong> - Remember that the kids will almost surely remain in the marital home in order to cause the least amount of disruption in their lives. The parent who remains in the home after the other has voluntarily moved out, is already at an advantage when temporary living arrangements are determined by the court. If you can, try to avoid being the parent that moves his or her stuff out of the house. Obviously, this does not apply to domestic violence situations, when you should get yourself to a safe place as soon as possible.</p></li>\n<li><p><strong>If possible, save some money</strong> - You can ask a court to award temporary child support and alimony to help you out once the divorce is filed, but there could be a few weeks, or even a few months, between filing of the divorce and a hearing. If at all possible, try to have a financial cushion to get yourself and your kids by during this period.</p></li>\n<li><p><strong>Change your passwords</strong> - If you have individual accounts that have shared passwords--your email account, for example--change these so that they are secure. You should not alter passwords to things that are owned by both of you, such as joint bank accounts, for example.</p></li>\n<li><p><strong>Don\'t raid the bank accounts</strong> - Speaking of bank accounts, don\'t be the spouse that withdraws family money and leaves the other spouse penniless, or who sells the other spouse\'s property for money.</p></li>\n<li><p><strong>Stay off social media</strong> - Or at least, be aware that whatever you post on social media is evidence in court.</p></li>\n<li><p><strong>Copy important records</strong> – Try to make and keep copies of any records or important documents that you may need, in case you do have to move out.</p></li>\n</ul>\n\nIf you are getting divorced and have questions about what to expect, contact the Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for guidance and planning information.\n\nResource:\n\namericanbar.org/publications/youraba/2016/november-2016/how-to-get-social-media-evidence-admitted-to-court/',	'Planning Tips If You Are Thinking About Divorce',	'',	'publish',	'closed',	'closed',	'',	'planning-tips-if-you-are-thinking-about-divorce',	'',	'',	'2018-11-27 03:00:50',	'2018-11-27 11:00:50',	'',	0,	'https://www.megajustice.com/?p=2872',	0,	'post',	'',	0),
(2873,	3,	'2018-11-26 09:22:31',	'2018-11-26 17:22:31',	'',	'Div12',	'',	'inherit',	'closed',	'closed',	'',	'div12',	'',	'',	'2018-11-26 09:22:31',	'2018-11-26 17:22:31',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/11/Div12.jpg',	0,	'attachment',	'image/jpeg',	0),
(2900,	3,	'2018-12-11 03:00:30',	'2018-12-11 11:00:30',	'When we think of judgments that are obtained by creditors, such as credit card companies or medical providers, we generally understand that if they obtain a judgment, they have a number of remedies. One of those remedies is garnishment of wages.\n\nWhat many people don\'t realize is that a judgment in a family law case for owed <a href=\"/tampa-family-lawyer/child-support/\">child support</a> and alimony can also lead to a garnishment if not paid.\n\n<h2>What is a Garnishment? </h2>\n\nA writ of wage garnishment is an order entered by the court instructing an employer to pay part of an employee\'s wages directly to a creditor. The amount paid is deducted automatically from the employee\'s salary. No creditor--in family law or otherwise--can garnish all of someone\'s wages, but they can garnish a significant amount.\n\nA court may enter an order garnishing wages to pay child support on its own, or a party can ask the court to enter the order. Sometimes it will require a finding of contempt, a finding that someone failed to pay what they are supposed to. That requires finding that there is an inability to pay the judgment. That can make it difficult to collect against someone who is genuinely suffering financial hard times.\n\nBecause of that difficulty, many family law litigants request that a garnishment be entered at the time of the final judgment, at least for child support.\n\nEven if the payor is not employed and can’t pay, like debtor-creditor judgments, at any time when the payor spouse starts to make more money, or if it is revealed that he or she in fact has assets to satisfy the amount of support that is owed, the court can always revisit the issue, and impose a garnishment or contempt proceedings.\n\nThose who genuinely can\'t pay alimony or child support should seek a modification of the order or divorce agreement before any garnishment orders or collections against them begin.\n\n<h2>Family Law Garnishments</h2>\n\nFamily law garnishments can be even more severe and far reaching than ordinary debtor-creditor garnishments. Many laws that protect consumers from garnishment don\'t apply to family law garnishments.\n\nFor example, the \"head of household\" exemption to garnishment and collections is an exemption meant to avoid garnishment on someone who supports dependents. But this exemption does not apply to alimony and child support related garnishments.<u></u>\n\nA popular strategy to protect assets is the establishment of certain kinds of trusts. Doing so will make the assets put in those trusts untouchable by a creditor. But trusts generally will not protect assets from collection of a family law-related judgment.<u><a href=\"https://scholar.google.com/scholar_case?case=6228150914938506234&amp;q=447+So.2d+299&amp;hl=en&amp;as_sdt=40006\"> </a></u>\n\nEven pensions, ordinarily a very protected and garnishment proof financial tool, can be taken to collect on a family law judgment.\n\nContact the Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for help and advice about enforcing a family law judgment or court ordered alimony or child support that may be owed to you.\n\nResource:\n\n<a href=\"https://scholar.google.com/scholar_case?case=6228150914938506234&amp;q=447+So.2d+299&amp;hl=en&amp;as_sdt=40006\">https://scholar.google.com/scholar_case?case=6228150914938506234&amp;q=447+So.2d+299&amp;hl=en&amp;as_sdt=40006</a>',	'Can You Get a Garnishment if an Ex Stops Paying Support?',	'',	'publish',	'closed',	'closed',	'',	'can-you-get-a-garnishment-if-an-ex-stops-paying-support',	'',	'',	'2018-12-11 03:00:30',	'2018-12-11 11:00:30',	'',	0,	'https://www.megajustice.com/?p=2900',	0,	'post',	'',	0),
(2901,	3,	'2018-12-10 09:14:06',	'2018-12-10 17:14:06',	'',	'CSupport6',	'',	'inherit',	'closed',	'closed',	'',	'csupport6',	'',	'',	'2018-12-10 09:14:06',	'2018-12-10 17:14:06',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/12/CSupport6.jpg',	0,	'attachment',	'image/jpeg',	0),
(2903,	3,	'2018-12-12 03:00:21',	'2018-12-12 11:00:21',	'When you are getting divorced, you may settle the matters in your case through agreement. This is favored—by doing so, you get to negotiate what will happen to your property and your children without leaving it in the hands of a judge.\n\n<h2>Agreeing to Time Sharing of Children</h2>\n\nWhen you originally negotiate an agreement, what happens to your children will be determined in a <a href=\"/tampa-family-lawyer/parenting-plans/\">parenting plan</a>, a detailed accounting of which parent makes certain decisions for the child, and when the child sees or spends nights with both parents.\n\nThe problem with these plans and any settlement you make in a family law case is that it is hard to predict the future. What seems like a great idea now may end up not working out. If you have young children, you may have to predict what will work for everyone years in the future.\n\n<h2>Altering Parenting Plans</h2>\n\nWhen it comes to altering parenting plans, courts face a balancing act. On one hand is the best interests of the children. But unlike in an original divorce proceeding, this is not the sole interest a court has. It also must protect the sanctity and enforceability of agreements made by parties.\n\nThat’s why modifying a parenting plan is so difficult. You can’t just say that it is best for the child to modify an agreement. You must also show other factors.\n\n<ul>\n<li><p><u>A substantial and permanent change in circumstance</u> – Something has to have changed since your original agreement, and it can’t just be that the other parent is being a jerk or didn’t take the kids last weekend when he was supposed to.The change also must be substantial, but there is no legal definition to this term, leaving it in the interpretation of the judge. Some cases have even held that when a parent moves an hour away, that this may not be substantial enough to warrant modification. Permanency can be a big hurdle. If mom has a work assignment for the next year that leaves the child staying with dad for more time than the original plan calculated, that may not be considered permanent.</p></li>\n<li><p><u>Unanticipated</u> – The change has to have been something that you could not know or anticipate when you made the agreement originally. So, for example, if your ex works too many nights and can’t take the kids when he is supposed to, but you knew all along that he had a job that may require nights, this won’t be unanticipated.</p></li>\n</ul>\n\n<h2>Best Interests of the Child</h2>\n\nOnly after all of these hurdles have been met by the party seeking modification will the court then look to what is in the best interest of the child.\n\nBear in mind that if a child is in imminent danger, courts will usually fashion a remedy, even temporarily, to protect the child. Thus, parents should not hesitate to seek modification or at least some relief from a court if they feel the child is endangered.\n\nContact the Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for help and advice if you think that divorce agreements you signed are not being followed or are in need of modification.\n\nResource:\n\nflcourts.org/content/download/403367/3458536/995a.pdf',	'There are Stringent Requirements to Modifying Parenting Plans',	'',	'publish',	'closed',	'closed',	'',	'there-are-stringent-requirements-to-modifying-parenting-plans',	'',	'',	'2018-12-12 03:00:21',	'2018-12-12 11:00:21',	'',	0,	'https://www.megajustice.com/?p=2903',	0,	'post',	'',	0),
(2905,	3,	'2018-12-10 09:16:50',	'2018-12-10 17:16:50',	'',	'MomDaughter2',	'',	'inherit',	'closed',	'closed',	'',	'momdaughter2',	'',	'',	'2018-12-10 09:16:50',	'2018-12-10 17:16:50',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/12/MomDaughter2.jpg',	0,	'attachment',	'image/jpeg',	0),
(2906,	3,	'2018-12-17 06:09:45',	'2018-12-17 14:09:45',	'Premarital or <a href=\"/tampa-family-lawyer/prenuptial-post-marital-agreements/\">prenuptial agreements</a> (\"prenups\") are, at their core, contracts, and are read as such. That means that where courts can apply common sense, or the obvious meaning of language can be used, that\'s how courts will interpret the agreements. But when there is ambiguity in the language used, courts will have to turn to the intentions of the parties at the time the agreement was made.\n\n<h2>Sloppy Language Can Cause Problems</h2>\n\nThis can cause serious problems in prenups. Because people often get sloppy when using language in the agreement, or they use forms they found online or in stores, often what is in the prenup doesn\'t clearly state what the parties want it or intended it to state.\n\nLet\'s take a basic idea in prenups: That any property owned by a spouse before marriage will remain the property of that spouse in the event that the marriage ever dissolves. This seems pretty straightforward, except that non-marital property can easily be transformed, even unintentionally, into marital property, based on how the couple treated that property during the marriage.\n\nFor example, assume the wife owned a business before the marriage in her name only. Over the course of the marriage, the husband works at the business for free, provides labor for free, they share in the profits which are used to pay for family assets, and perhaps the husband even makes a capital contribution in the business.\n\nThat business, once owned just by the wife, could easily be interpreted to have been converted into marital property.\n\n<h2>Florida Supreme Court Makes Issue Even More Important</h2>\n\nThe Florida Supreme Court ruled on just this matter recently, when a premarital agreement clearly stated that pre-marital property would belong to the spouse who owned their own property before the marriage. The husband had a house that was his before the marriage. The problem came when the couples lived in the husband\'s real estate and otherwise treated the property as belonging to both of them.\n\nThe Supreme Court still held the prenup was valid--except it also found that based on the behavior of the parties, during the marriage the husband had \"gifted\" the home in part to the wife, transforming it into marital property. Actual title to the property remained in the husband\'s name only, and there was never a declaration in writing, even informally, that anything was being gifted to the wife.\n\n<h2>Drafting of Prenups is Changing</h2>\n\nThis calls into question how prenups are drafted, and how to use language to avoid a finding that property belonging to one spouse is deemed as gifted to the other. The standard prenup language won\'t cover this kind of situation, and parties who want full protection need to be mindful of this potential problem.\n\nContact Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for a help and advice about drafting or reviewing any prenuptial agreements you may need.\n\nResource:\n\nefactssc-public.flcourts.org/casedocuments/2015/1881/2015-1881_disposition_138428.pdf',	'Make Sure Your Prenuptial Agreement Isn’t Ambiguous',	'',	'publish',	'closed',	'closed',	'',	'make-sure-your-prenuptial-agreement-isnt-ambiguous',	'',	'',	'2018-12-17 06:09:45',	'2018-12-17 14:09:45',	'',	0,	'https://www.megajustice.com/?p=2906',	0,	'post',	'',	0),
(2908,	3,	'2018-12-18 03:00:02',	'2018-12-18 11:00:02',	'Let’s imagine you are in a <a href=\"/tampa-car-accident-lawyer/\">car accident</a> where you are hit from behind. You suffer an injury, maybe go to the emergency room, and then to therapy for weeks afterwards. There is no doubt the car behind you is at fault, and no doubt that you suffered injury. So why are so many car accident cases hotly challenged by insurance companies? Why are insurance companies so hesitant sometimes to pay anything to a car accident victim?\n\n<h2>Personal Injury Protection</h2>\n\nThe answer lies in the law of personal injury protection (PIP). You may know PIP as the insurance that pays you for medical expenses or lost wages after an accident, regardless of fault. By avoiding having to prove who caused an accident, PIP is designed to be a quick and efficient way for you to obtain insurance benefits to help you recover if you’ve been injured in an accident.\n\nBut there’s a hidden trade-off: PIP law also requires, if you are injured in a car accident and you sue the negligent driver, that you not only prove that you have an injury, but that your injury be “permanent and severe.” If not, you can only get actual, out-of-pocket damages—not pain and suffering, inconvenience, emotional trauma, or anything that isn’t a hard, tangible monetary loss.\n\nThat means that if you have a minor injury, or even a major one that completely heals, you won’t be awarded significant damages in your accident case against the other driver. The good news is that permanent doesn’t necessarily have to be severe; if you have a lingering pain or small loss of range of motion that is not expected to get better, the injury may be minor, but it is still permanent, and thus you will meet the PIP injury threshold.\n\n<h2>The Importance of Medical Treatment</h2>\n\nThis is where insurance companies contest car accident cases. They may admit that their insured driver caused the accident. They may admit you were injured. They just won’t admit that your injury is permanent or severe enough for you to legally recover any significant damages.\n\nOne way to show a jury that you have suffered a permanent injury is by getting medical treatment up to the time your doctor does not anticipate that your condition will improve.\n\nUnfortunately, this is where many car accident cases are lost. Victims, often tired of seeing doctors, needing to get back to work, and not feeling that their pain will ever go away, stop seeking medical treatment.\n\nThis creates a problem. If you stop getting treatment, your medical records won’t reflect that you have suffered a permanent injury, and your doctor, if needed to testify, won’t be able to give an opinion you have suffered a permanent injury. This is why it is so important not to stop seeing your medical providers, and for you to follow up with any recommended doctor visits or procedures.\n\nIf you are in a car accident, contact Tampa injury law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for a help and advice about obtaining damages for your injuries.\n\nResource:\n\nleg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0600-0699/0627/Sections/0627.737.html',	'Why Do Insurance Companies Fight Car Accident Cases So Intensely?',	'',	'publish',	'closed',	'closed',	'',	'why-do-insurance-companies-fight-car-accident-cases-so-intensely',	'',	'',	'2018-12-18 03:00:02',	'2018-12-18 11:00:02',	'',	0,	'https://www.megajustice.com/?p=2908',	0,	'post',	'',	0),
(2925,	3,	'2018-12-17 06:09:37',	'2018-12-17 14:09:37',	'',	'Prenup5',	'',	'inherit',	'closed',	'closed',	'',	'prenup5',	'',	'',	'2018-12-17 06:09:37',	'2018-12-17 14:09:37',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/12/Prenup5.jpg',	0,	'attachment',	'image/jpeg',	0),
(2927,	3,	'2018-12-17 06:12:34',	'2018-12-17 14:12:34',	'',	'Accident5',	'',	'inherit',	'closed',	'closed',	'',	'accident5',	'',	'',	'2018-12-17 06:12:34',	'2018-12-17 14:12:34',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2018/12/Accident5.jpg',	0,	'attachment',	'image/jpeg',	0),
(2959,	3,	'2019-01-16 03:00:47',	'2019-01-16 11:00:47',	'In any kind of case, the thought of having to give a deposition makes people’s skin crawl. It is seen as a process that’s highly combative and highly invasive. Often, just the threat of doing them is enough to convince reasonable people to try to settle cases early. It can make things easier if you know what to expect.\n\n<h2>What is a Deposition?</h2>\n\nA deposition is a process in which you answer questions asked of you by the other side’s attorney, and wherein the answers are transcribed and given under oath. Not everything said in deposition will be told to the judge at your trial, but if you are asked the same questions at the trial, your answers should be consistent with how you answered at deposition, both to avoid perjury, and to maintain credibility.\n\nYou cannot refuse to answer most questions asked of you, and you cannot confer with your attorney as to how to answer the questions. The attorney on the other side may be hostile, combative and belligerent, but may also be very kind and understanding. That means that you must avoid becoming hostile yourself, or otherwise, avoid saying too much to an attorney that seems like he or she is your friend.\n\n<h2>What is Asked at Deposition?</h2>\n\nDepositions are taken in all kinds of cases, but they can seem particularly invasive in <a href=\"/tampa-family-lawyer/\">family law</a> cases, just because family law cases by nature involve personal matters.\n\nYou can almost always anticipate being asked about your personal finances, your belongings, when you acquired your belongings, and how much you anticipate your belongings being worth. If alimony is in play, you can also anticipate being asked questions about how you lived when married. This can include questions that go into the minutia of how many vacations you took, what kind of products you purchased, and your monthly expenses.\n\nIf you are self employed or have a business, be prepared to answer questions about the business’ health, finances, expenses, and how much you make from the business.\n\nIf children are at issue, you can anticipate being quizzed about your involvement in the child’s life. It goes without saying you should know the things a parent is expected to know about his or her children. What is their favorite subject in school? What are the names of their teachers or coaches? What time do they go to bed at night? What are the names of their friends? You should also be well versed in your child’s medical history and medical needs.\n\nAlthough nobody is making value judgments on how you live your life, if you are fighting for custody of kids, be prepared to answer some even more sensitive questions about your lifestyle, such as who you spend time with, who sleeps at your home (if you live separate from the other parent), and whether you use drugs or alcohol and with what frequency.\n\nOur Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> can help you through the toughest parts of your divorce or custody trial. Contact us today for help.\n\nResource:\n\nfloridabar.org/news/tfb-journal/?durl=%2Fdivcom%2Fjn%2Fjnjournal01.nsf%2FAuthor%2FCB26C07F1472E16685256ADB005D5F7A',	'What Can You Expect in Your Family Law Deposition?',	'',	'publish',	'closed',	'closed',	'',	'what-can-you-expect-in-your-family-law-deposition',	'',	'',	'2019-01-16 03:00:47',	'2019-01-16 11:00:47',	'',	0,	'https://www.megajustice.com/?p=2959',	0,	'post',	'',	0),
(2961,	3,	'2019-01-24 03:00:56',	'2019-01-24 11:00:56',	'The question of whether you will need any kind of expert in your <a href=\"/tampa-family-lawyer/divorce/\">divorce</a> case is a difficult one to answer. Any issue resolved by agreement will eliminate the need to retain experts in that particular area. But where agreements cannot be reached, and where the issues in dispute require specific technical or specialized knowledge, experts will be needed.\n\n<h2>Using Financial Experts</h2>\n\nYou may know that an expert may be needed to help in sensitive custody determinations if the parents can’t work those issues out amicably. However, many spouses don’t anticipate the need for financial experts, such as accountants and business valuation experts, and may not even be aware what kind of help these experts can provide.\n\nOne of the most common times that financial experts are needed is where there is a business involved. It is not uncommon for someone to purposely “tank” an otherwise successful business, in order to manipulate income to seem lower than it is when a divorce is imminent. Likewise, it is not uncommon for people to pay personal expenses out of a business, in order to keep personal financial documents such as bank accounts or tax returns showing as little income as possible.\n\nProving the health and viability of a business, and showing that a spouse is making more from a business than he or she claims, involves a complex analysis of a business’ bank records, accounting statements, accounts receivables, and other documents.\n\nExpert forensic accountants can also look at a business’ records, and tell whether money is being classified as business expenses when it is actually being taken for personal expenses, and whether money is being hidden.\n\n<h2>Valuing a Family Business</h2>\n\nIn some cases, a family business is marital property and must be divided. Instead of selling off the business’ assets and closing shop, one spouse may opt to keep the business and pay out to the other their half of the value of the business. How can you determine what half of the business is worth?\n\nThis calls for the testimony of a business valuation expert, the same way that you might call a real estate agent or appraiser to value real property.\n\nA valuation expert has experience in valuing businesses. The business’ assets and liabilities would be appraised, as well as depreciation of materials, evaluation of the surrounding market, overhead, valuing any intellectual property owned by the business, and determining what other similar businesses are bought and sold for.\n\n<h2>Do You Need an Expert?</h2>\n\nThere are times when an expert may not be needed. Take, for example, a small business that suddenly chooses not to fill orders, or where a spouse opts to start working 3 days a week instead of a full workweek. These are facts that a layperson can testify to, and that a court can understand without being given technical expert testimony.\n\nIf the family business has been able to sustain the family consistently for years, and then suddenly there are claims that the business is failing or making insufficient income, it may be a sign that something is not quite right.\n\nOur Tampa family law attorneys at The Pawlowski//Mastrilli Law Group can help you make sure that your marital assets are fairly divided if you are getting divorced. Contact us today for help.\n\nResource:\n\nfcpas.org/about-us/what-is-a-forensic-accountant/\n\n<a href=\"/the-benefits-of-collaborative-divorces/\">https://www.megajustice.com/the-benefits-of-collaborative-divorces/</a>',	'Do You Need an Accounting or Business Valuation Expert in Your Divorce?',	'',	'publish',	'closed',	'closed',	'',	'do-you-need-an-accounting-or-business-valuation-expert-in-your-divorce',	'',	'',	'2019-01-24 03:00:56',	'2019-01-24 11:00:56',	'',	0,	'https://www.megajustice.com/?p=2961',	0,	'post',	'',	0),
(2963,	3,	'2019-01-17 03:00:23',	'2019-01-17 11:00:23',	'When people think of a divorce they often think that it can be either uncontested, where the parties generally agree on everything, or contested. Many people are not aware that there is a third category, called a <a href=\"/tampa-family-lawyer/collaborative-divorce/\">collaborative divorce</a>, which allows the parties to resolve even disputed issues, with lessened time, expense, and heartache that a full blown adversarial contest can bring.\n\n<h2>What is Collaborative Divorce?</h2>\n\nCollaborative divorce exists in the area between purely uncontested and fully contested cases. There are still issues that the parties may disagree on, but they have agreed to try to work together to resolve them. Collaborative divorce works best with parties that have differences, but who have committed to trying to resolve them amicably.\n\nUnlike litigation, where the goal is to prepare for trial unless the case settles, in collaboration, the goal from Day 1 is getting to a negotiated settlement. In collaborative divorces, the parties will first agree (through their attorneys if they have them) to a plan. The plan will detail what issues are contested and which are not. It will also detail what information or documents will be produced by each party.\n\nIn most cases, the parties also agree not to resort to the court system—that is, you can’t both submit to collaborative divorce, but still use the court as a “fall back” if things don’t go the way you want them to. You can, however, agree beforehand to have some issues decided by collaboration, and some submitted to a court for determination. Of course, when and if all issues are resolved, the court will ultimately enter the divorce decree and any documents needed to make the parties’ agreement official.\n\nYour attorney for your collaborative divorce in most cases cannot continue to represent you should you need or want to go to a court to resolve an issue that you tried to collaborate on or agreed to collaborate on.\n\nThe parties can also agree on what kind of experts may be needed and may even agree to use the same expert—in other words, instead of both parties retaining an expert, the parties can agree to use one and abide by his or her findings.\n\n<h2>Collaborative Divorce is Becoming More Common</h2>\n\nCollaborative divorce has become so widespread that in 2017, special rules were adopted governing the collaborative process, and the Florida Bar even has ethical rules for attorneys that represent clients in collaborative divorces.\n\nMany litigants like collaborative divorce because it gives the parties more control over the litigation process, and for parties that are generally amicable, it allows them to participate in the process and work out their differences in a faster, more cost effective manner than litigation.\n\nAdditionally, because there are fewer court filings, the process also provides a more private process for parties that don’t want certain details of their lives in the public record.\n\nOur Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> can help you negotiate a divorce, or help you try your divorce case in court. Call us with any questions you may have about the divorce process.\n\nResource:\n\nprnewswire.com/news-releases/groundbreaking-florida-collaborative-divorce-law-effective-july-1-2017-300482227.html',	'The Benefits of Collaborative Divorces',	'',	'publish',	'closed',	'closed',	'',	'the-benefits-of-collaborative-divorces',	'',	'',	'2019-01-17 03:00:23',	'2019-01-17 11:00:23',	'',	0,	'https://www.megajustice.com/?p=2963',	0,	'post',	'',	0),
(2965,	3,	'2019-01-25 03:00:32',	'2019-01-25 11:00:32',	'Many industries recognize how important it is to allow those who operate vehicles to get the proper amount of sleep. Federal law regulates, for example, how many consecutive hours a truck driver can operate a truck without being given a rest break, and airline pilots are required to rest even if it means cancelling or delaying flights. Yet, for some reason, the recognition in the general public of the dangers of driving while drowsy remains limited.\n\nThat may be in part because of public perception. We are trained to “fight through” sleep loss, and that naps are for kids or the elderly. Even those who know full well the dangers of driving while under the influence of alcohol will readily get behind the wheel when they are tired or have not had enough sleep.\n\n<h2>Drowsy Driving vs. Drunk Driving</h2>\n\nIn many ways driving with insufficient sleep may be more dangerous than being drunk behind the wheel. Drivers who doze off have no opportunity to correct cars going the wrong way, or try to avert <a href=\"/tampa-car-accident-lawyer/\">car accidents</a> at the last minute. Their cars are practically driverless before accidents happen.\n\nWhen drivers do wake up after an accident they naturally have no awareness of what happened. This may be attributed to brain injury—concussions can result in short term memory loss—but often nobody stops to ask if maybe the driver was dozing off at the time of an accident.\n\nIf you doze off, you may not even realize it. It can take minutes of sleeping before you are able to realize, when you finally wake up, that you were actually sleeping.\n\n<h2>Drowsy Driving is Like Driving Under the Influence</h2>\n\nPeople who drive with a lack of sleep are in effect driving under the influence. It is estimated by the Centers for Disease Control and Prevention (CDC) that if someone drives after being awake for 18 hours, it is akin to driving with a .05 blood alcohol level (BAL). But if you haven’t slept in 24 hours, it is like you are driving with a .10 BAL. That is over the legal driving limit in every state in the country.\n\nIt doesn’t take long to get into an accident. If you experience microsleep—short bursts of sleep that may only last for seconds at a time—your car is still going driverless. In just four seconds, a car going 65 miles per hour goes the length of a football field.\n\n<h2>Policies and Laws Are Recognizing the Problem</h2>\n\nRide sharing giant Uber recently announced a policy encouraging its drivers to stop driving after 12 consecutive hours, and even has implemented features in its app that will alert drivers to when they are reaching that limit.\n\nSome states, including New Jersey, have even started to codify drowsy driving into criminal code, making it an offense just like a DUI to drive consecutive hours without taking rest breaks.\n\nTampa injury law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> can provide you help and advice about obtaining damages if you are in a car accident.\n\nResource:\n\nexchange.aaa.com/wp-content/uploads/2012/10/AAA-FTS-Drowsy-Driving-Brochure.pdf\n\n<a href=\"/why-do-insurance-companies-fight-car-accident-cases-so-intensely/\">https://www.megajustice.com/why-do-insurance-companies-fight-car-accident-cases-so-intensely/</a>',	'Drowsy Driving is a Serious Problem on the Roadways',	'',	'publish',	'closed',	'closed',	'',	'drowsy-driving-is-a-serious-problem-on-the-roadways',	'',	'',	'2019-01-25 03:00:32',	'2019-01-25 11:00:32',	'',	0,	'https://www.megajustice.com/?p=2965',	0,	'post',	'',	0),
(2967,	3,	'2019-01-09 08:42:25',	'2019-01-09 16:42:25',	'As this post is being written, the federal government is shut down for business. Hundreds of thousands of government workers are working without pay, at least temporarily. That not only affects those workers, but also those who depend on their income for support—including any ex- spouses who receive alimony or children who receive <a href=\"/tampa-family-lawyer/child-support/\">child support</a>.\n\n<h2>Temporary Economic Hardship</h2>\n\nOf course, unemployment or financial difficulty can hit anyone, not just federal workers during a government shutdown. That begs the question of what the right thing to do is should you face an economic problem that prevents you from being able to fulfill your support obligations.The worst thing you can do is nothing at all, and the best thing you can do is communicate as soon as the problem arises. If you simply do not pay, and your spouse takes you to court, you could face fines and even suspension of your driver’s license.\n\n<h2>Communication and Honesty</h2>\n\nCommunicating financial problems early will also allow your ex spouse to at least mitigate any damages. For example, assume you are responsible for paying the mortgage of the home that your ex and your children live in. If you are honest about the problem as early as possible, your spouse may be able to pay the mortgage temporarily, or at least, contact the bank and inform them.\n\nIf you wait and simply don’t pay the mortgage, the home could end up going into foreclosure, and a family law court could order you to pay what is needed to bring the mortgage current again.\n\nIt should also go without saying that you should be honest. If you are unemployed, that is not hard to verify. But if you are self employed and claiming a financial hardship, expect for your ex to want proof, and you should be able to provide it to him or her.\n\n<h2>Modifying Support Orders</h2>\n\nYou may be wondering why you can’t just go to court and ask that your child support or alimony payment be modified. In most cases, modification depends on your circumstance being permanent, and a temporary layoff will usually not qualify as permanent.\n\nOf course, if it does—for example, if you suffered a permanent injury that will forever prohibit you from working in the field you have always worked—then seeking court intervention as soon as possible is the best option.\n\nYour unemployment status must also be involuntary. That means you cannot quit your job or even be fired for cause, and then expect to be relieved of support obligations.\n\nUltimately, the best you can do is be honest and be as proactive as possible. A court can order you to pay if you do not meet your obligations but cannot put someone in jail without showing that there is an ability to pay a given amount.\n\nProblems paying support or receiving it from an ex spouse? Our Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> can help you handle these problems as well as explore options for modifying divorce support orders.',	'How to Handle an Inability to Pay Alimony or Child Support',	'',	'publish',	'closed',	'closed',	'',	'how-to-handle-an-inability-to-pay-alimony-or-child-support',	'',	'',	'2019-01-09 08:42:25',	'2019-01-09 16:42:25',	'',	0,	'https://www.megajustice.com/?p=2967',	0,	'post',	'',	0),
(2968,	3,	'2019-01-09 08:42:17',	'2019-01-09 16:42:17',	'',	'FamCourt',	'',	'inherit',	'closed',	'closed',	'',	'famcourt',	'',	'',	'2019-01-09 08:42:17',	'2019-01-09 16:42:17',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/01/FamCourt.jpg',	0,	'attachment',	'image/jpeg',	0),
(2970,	3,	'2019-01-10 03:00:38',	'2019-01-10 11:00:38',	'For many people, pets are family. Spouses may have selected a pet from infancy and raised the animal as if it were a human child, with all the love care and affection that goes into raising a child. When spouses divorce, there may be talk about who gets “<a href=\"/tampa-family-lawyer/child-custody/\">custody</a>” of the family dog or cat, because to the couple, the animal is as much a creature with a soul and feelings as a human is.\n\n<h2>Pets are Considered Property</h2>\n\nThe problem with this is that the law does not recognize animals as people, in divorce law or in any other kind of law. There is no test as to what the best interest of the animal is, or any evaluation as to which parent can provide the healthiest and safest environment for an animal, the way such questions would be asked of a human child.\n\nIn fact, because pets are just property in the eyes of a law, it is even possible for judges to order animals sold in a divorce, and have the profits divided amongst the spouses, if the animal has value and the parties can’t agree on who keeps the animal. However, there is no law expressly prohibiting judges from considering the interests of a pet when determining who will keep the animal, although most courts have not done this, recognizing animals’ legal status as simply property.\n\n<h2>California Enacts Pet Custody Law</h2>\n\nThe state of California has recently enacted a law believed to be one of the first in the country aimed to change that. The law recognizes that at least when it comes to divorce, animals are people too. Alaska and Illinois already have similar laws.\n\nThe California law allows judges to consider which “parent” can best provide for the care of the animal, and lets courts fashion shared custody arrangements for pets, determining who will feed and pay for veterinary bills for the animals. The law does not require that judges make these considerations—it just allows those judges who want to do so to make these determinations legally.\n\nOpponents of the measure express concern that raising pets to the level of humans creates a legal slippery slope. They worry about being imprisoned for “murdering” insects or being charged with neglect or abandonment for dropping an animal off at the animal shelter.\n\nIn personal injury suits, many have concern that if an animal is recognized as a person, there could be lawsuits brought by the owners of the animals for the animals’ pain and suffering when injured in an accident.\n\n<h2>Extra Litigation is a Concern</h2>\n\nSome family law attorneys don’t favor the law, citing concern that it can lead to even more cost and expense in already contested and expensive family law litigation. They even envision experts in animal care being called to testify as to the best placement of an animal in a family law case.\n\nQuestions about a divorce or custody problem? Our Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> can help you handle these problems and let you know what to expect in your divorce case.\n\nResources:\n\npsychologytoday.com/us/blog/canine-corner/201810/in-divorce-who-gets-custody-the-dog\n\nnbcnews.com/politics/politics-news/new-california-divorce-law-treat-pets-people-not-property-be-n952096',	'California Enacts Law Allowing Judges to Make Pet Custody Findings',	'',	'publish',	'closed',	'closed',	'',	'california-enacts-law-allowing-judges-to-make-pet-custody-findings',	'',	'',	'2019-01-10 03:00:38',	'2019-01-10 11:00:38',	'',	0,	'https://www.megajustice.com/?p=2970',	0,	'post',	'',	0),
(2971,	3,	'2019-01-09 08:46:37',	'2019-01-09 16:46:37',	'',	'PetCustody',	'',	'inherit',	'closed',	'closed',	'',	'petcustody',	'',	'',	'2019-01-09 08:46:37',	'2019-01-09 16:46:37',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/01/PetCustody.jpg',	0,	'attachment',	'image/jpeg',	0),
(2983,	3,	'2019-01-15 08:43:34',	'2019-01-15 16:43:34',	'',	'Family4',	'',	'inherit',	'closed',	'closed',	'',	'family4',	'',	'',	'2019-01-15 08:43:34',	'2019-01-15 16:43:34',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/01/Family4.jpg',	0,	'attachment',	'image/jpeg',	0),
(2985,	3,	'2019-01-15 08:46:57',	'2019-01-15 16:46:57',	'',	'ArguingCouple',	'',	'inherit',	'closed',	'closed',	'',	'arguingcouple',	'',	'',	'2019-01-15 08:46:57',	'2019-01-15 16:46:57',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/01/ArguingCouple.jpg',	0,	'attachment',	'image/jpeg',	0),
(2998,	3,	'2019-01-22 10:27:28',	'2019-01-22 18:27:28',	'',	'Divorce8',	'',	'inherit',	'closed',	'closed',	'',	'divorce8',	'',	'',	'2019-01-22 10:27:28',	'2019-01-22 18:27:28',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/01/Divorce8.jpg',	0,	'attachment',	'image/jpeg',	0),
(3006,	3,	'2019-01-25 06:44:07',	'2019-01-25 14:44:07',	'',	'Drowsy3',	'',	'inherit',	'closed',	'closed',	'',	'drowsy3',	'',	'',	'2019-01-25 06:44:07',	'2019-01-25 14:44:07',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/01/Drowsy3.jpg',	0,	'attachment',	'image/jpeg',	0),
(3021,	1,	'2019-01-29 18:44:49',	'2019-01-30 02:44:49',	'<h1>Tampa Hurricane Damage Lawyer</h1>\r\n\r\nHurricanes have the potential to cause an enormous amount of damage. This is certainly no secret to people who live in Florida. Notably, the City of Tampa and other communities along the Gulf Coast are at a heightened risk of facing hurricane or tropical storm damage. Notably, Hurricane Irma — a category four storm that made landfall near Marco Island in Southwest Florida in the Fall of 2017 — was the fifth most costly storm in American history. In total, Hurricane Irma caused more than $50 billion in property damage. Many communities throughout the state of Florida were affected.\r\n\r\nAt The Pawlowski//Mastrilli Law Group, our top-rated <b>Tampa hurricane damage lawyers</b> are dedicated advocates for policyholders. We know that hurricane damage claims are especially complex. Unfortunately, in far too many cases, valid property damage claims are underpaid or denied by insurers. Our legal team knows how to hold the big insurance companies accountable. We handle all aspects of hurricane damage claims, including those involving bad faith insurance practices. If your hurricane damage claim was denied or underpaid in Florida, please do not hesitate to contact our Tampa law office for a free, no obligation case evaluation.\r\n\r\n<h2>Five Tips for Hurricane Damage Claims</h2>\r\n\r\n<ol>\r\n 	<li>\r\n<h3>Make Sure You Understand Your Insurance Coverage</h3>\r\nAs a starting point, all policyholders should have a basic understanding of their insurance coverage. Make that you know what is covered, how much coverage you have, and what losses are covered against. Notably, many standard homeowners’ insurance policies that are sold in the state of Florida offer coverage for the wind damage caused by hurricanes, but not for the flooding damage.</li>\r\n 	<li>\r\n<h3>Take Immediate Action — Notify Your Insurer</h3>\r\nIf your property suffered a significant amount of damage after a hurricane or major tropical storm, it is normal to be frustrated, confused, and overwhelmed by the gravity of the situation. Once things have stabilized, you should notify your insurance company that you suffered a loss and that you intend to file a claim in the future. At this point in time, you only need to provide basic notification to your insurer. Do not get into the details and do not agree to give a recorded statement. Notification is sufficient.</li>\r\n 	<li>\r\n<h3>Carefully Document Your Losses</h3>\r\nMany hurricane damage cases turn on documentation. The more documents and records that you have to support your case, the fewer hurdles you are likely to face in the claims process. It is crucial that you work to carefully, thoroughly document your losses. Be sure to retain and organize all of the records that you can get your hands on. In addition, start making a comprehensive list regarding your property losses.</li>\r\n 	<li>\r\n<h3>Communicate With the Insurance Company in Writing</h3>\r\nWhen dealing with a property insurance company — or any other insurance company — it is generally not advisable to discuss important matters over the phone. All communication should be done in writing. This is important for several different reasons. Not only will it help to reduce the possibility of a miscommunication, but it will also ensure that all of your correspondence can be reviewed by a property insurance lawyer should a dispute arise.</li>\r\n 	<li>\r\n<h3>Be Ready to Seek Legal Guidance</h3>\r\nFinally, policyholders should always be prepared to consult with an experienced Tampa hurricane damage attorney. The big insurance companies are often not willing to immediately offer policyholders the full settlement that they are owed under the terms of their coverage. If you suffered a major property loss in a hurricane, it is highly recommended that you work with a professional.</li>\r\n</ol>\r\n\r\n<h2>What to Do If Your Hurricane Damage Claim is Denied or Underpaid</h2>\r\n\r\nIf your property insurance company gives you any problems, including requesting a sworn statement, undervaluing your damages, or outright denying your claim, you should contact an experienced Tampa insurance attorney immediately.\r\n\r\nRemember, the insurance company does not get to make the final decision on your claim. If coverage was denied for hurricane damage or if you were offered payment that is far below the true value of your losses, you have the right to file an appeal.\r\n\r\nYour Tampa hurricane damage lawyer will be able to review the specific facts of your case, explain your rights and options to you, and prepare a strong, compelling appeal on your behalf. There are tight deadlines to take legal action in property damage claims: do not delay in seeking legal guidance.\r\n\r\n<h2>Insurers are Required to Use Good Faith Settlement Practices</h2>\r\n\r\nUnder Florida law, insurance companies must use good faith practices when handling insurance claims. If your insurer has handled your hurricane damage claim in an unfair manner — whether it is denying payment that is clearly owed to you or negligently failing to investigate your case — they can be held legally liable through a bad faith lawsuit.\r\n\r\nIn a bad faith claim, a policyholder can seek damages for the full amount of their covered losses — meaning all of the compensation that they were originally owed — and they can seek additional financial relief for bad faith damages. Some common examples of bad faith insurance practices that are used by property insurance companies include:\r\n\r\n<ul>\r\n 	<li>Failure to conduct a complete investigation;</li>\r\n 	<li>Unreasonable delays in processing;</li>\r\n 	<li>Unreasonable requests for documents;</li>\r\n 	<li>Insurance representatives making material misrepresentations or material omissions;</li>\r\n 	<li>The use of other deceptive settlement practices; and</li>\r\n 	<li>Making threats against a policyholder to pressure them; and</li>\r\n 	<li>Failure to offer a full settlement for a claim that is clearly valid.</li>\r\n</ul>\r\n\r\nIf you suffered major hurricane damage, and you believe that your insurance provider handled your claim in a negligent or unfair manner, it is crucial that you seek professional legal support. Please contact our Tampa bad faith insurance claims lawyers right away.\r\n\r\n<h2>Was Your Hurricane Damage Denied in Tampa, Florida?</h2>\r\n\r\nWe are here to help. At The Pawlowski//Mastrilli Law Group, our Tampa Bay hurricane damage claims lawyers are committed to providing policyholders the strong, sophisticated legal representation that they deserve. If your hurricane damage claim was denied in Florida, it is imperative that you take immediate action to protect your rights.\r\n\r\nTo arrange a free, fully private property insurance consultation, please do not hesitate to contact our law firm at 813-242-4404. From our office in Tampa, we represent policyholders throughout the region, including in Pasco County, Pinellas County, Manatee County, Hillsborough County, and Sarasota County.',	'Tampa Hurricane Damage Lawyer',	'',	'publish',	'closed',	'closed',	'',	'tampa-hurricane-damage-lawyer',	'',	'',	'2021-10-04 17:04:05',	'2021-10-05 00:04:05',	'',	0,	'https://www.megajustice.com/?page_id=3021',	7,	'page',	'',	0),
(3038,	3,	'2019-02-07 08:36:39',	'2019-02-07 16:36:39',	'Amazon owner and founder Jeff Bezos is getting a <a href=\"/tampa-family-lawyer/divorce/\">divorce</a>. It is likely that the divorce of the richest man in the world is different than your divorce, but there are still lessons to be learned from what the Bezos\' are going through.\n\n<h2>Prenuptial Agreements</h2>\n\nThe rumor is that the Bezos\' did not have a prenuptial agreement, which can be an advantage or a disadvantage, depending on the perspective.\n\nIn Florida, an equitable distribution state, judges can generally divide property, including a large, successful business, based on how much each partner contributed to the business\' wealth, success and growth.\n\nThe contributions do not have to be economic. For example, if the wife was at home raising children while the husband was growing a business, a court will recognize that one of the main reasons why the husband was able to expand the business was because of his wife staying home to raise kids. As such, the wife would be entitled to a large part of the business, even if she didn\'t contribute any hard money into it.\n\nA prenuptial agreement can avoid this situation, and would divide the business however the agreement says it is to be divided. Whether this is a benefit or not depends on who you are, but it’s a risk or a benefit to be aware of.\n\n<h2>Stock Awards and Business Division</h2>\n\nSometimes when a business is divided, stock will be sold to the other spouse to pay the spouse for his or her share in the business. The other shareholders however may not know the spouse getting the shares, and this can create an uncomfortable situation where a hostile ex-spouse now owns a large share in the other spouse\'s business.\n\nPrenuptial agreements, divorce agreements, and corporate documents should all be drafted to insulate from this happening.\n\n<h2>Alimony &amp; Property</h2>\n\nIn some cases, division of valuable property such as companies can affect alimony. Alimony is based on need. However, if a spouse is getting millions of dollars in stock from a successful national company, a court may find there is no need for alimony.\n\nThose with wealth will likely have collections and items that are rare and unique that will need division. Unless the parties agree who will take what, an expert must be found that will value the items so that the spouse keeping the item can pay the other spouse his or her share of it.\n\nIn some cases, the division will be 50-50, but even if an item was owned by a spouse before marriage, any appreciation in the item\'s value may be considered marital property. Additionally, experts may be needed to appraise unique items such as cars, instruments, artwork, or anything considered rare and collectible.\n\nAre you contemplating a divorce or wondering how to protect assets in the future if you are getting married? Our Tampa divorce attorneys at The Pawlowski//Mastrilli Law Group can help you handle these problems.\n\nResource:\n\nthedailybeast.com/jeff-bezos-had-no-prenup-and-is-now-braced-for-record-dollar137-billion-divorce\n\n<a href=\"/do-you-need-an-accounting-or-business-valuation-expert-in-your-divorce/\">https://www.megajustice.com/do-you-need-an-accounting-or-business-valuation-expert-in-your-divorce/</a>',	'Lessons to be Learned from Amazon’s Jeff Bezos’ Divorce',	'',	'publish',	'closed',	'closed',	'',	'lessons-to-be-learned-from-amazons-jeff-bezos-divorce',	'',	'',	'2019-02-07 08:36:39',	'2019-02-07 16:36:39',	'',	0,	'https://www.megajustice.com/?p=3038',	0,	'post',	'',	0),
(3039,	3,	'2019-02-07 08:36:32',	'2019-02-07 16:36:32',	'',	'Divorce2',	'',	'inherit',	'closed',	'closed',	'',	'divorce2',	'',	'',	'2019-02-07 08:36:32',	'2019-02-07 16:36:32',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/Divorce2.jpg',	0,	'attachment',	'image/jpeg',	0),
(3041,	3,	'2019-02-08 03:00:53',	'2019-02-08 11:00:53',	'When we think of dividing property in a divorce, we often think of dividing our stuff. We consider who will get the house, the cars, the furniture, and perhaps the family business. We don’t give much thought to things that we have earned now, during the marriage, but which we won’t get to enjoy until later on.\n\n<h2>Dividing Retirement Accounts</h2>\n\nOne of those things is a retirement account. Let’s say Spouse A has worked for 15 or 20 years, and the retirement account has grown in worth and value. Spouse B has helped that retirement account grow, either by working in his or her own job, or by staying at home, taking care of kids, etc.\n\nNow the spouses get divorced. Because both spouses may be many years away from retirement, benefits (payments) from the retirement account may be many years away, and may be the last thing on the spouse’s mind.\n\nWhy not just pay out half of the retirement account to Spouse B now? If Spouse A has those funds, that is an option, but it may not be a good one, especially if Spouse A doesn’t have that money. Additionally, the cash or payout value of the account would need to be determined to decide what to pay.\n\nUnlike a normal bank account, which can be liquidated and divided, most retirement accounts are not liquid. Even if you can liquidate them, there are severe tax penalties to doing so, meaning both parties will take a significant hit by just dissolving the retirement account.\n\n<h2>QDRO Orders</h2>\n\nYou can certainly say that when Spouse A retires, and can access the accounts and receive payments, Spouse B gets some of the payments. However, to get a retirement account to actually pay someone other than the employee retiring (the payee), it takes more than a judge signing an order with common language saying this.\n\nIn order for a retirement account to make payments directly to someone other than the payee (Spouse A in our example), a judge must sign a very specific order, which has specific language in it. That is a qualified domestic relations order, or QDRO.\n\n<h2>QDROs Can be Complex</h2>\n\nMaking matters more complex, every kind of retirement may require different language for the QDRO. For example, military pensions may differ from those held and paid by government agencies for government workers.\n\nDoes the retirement plan have provisions for early retirement buyouts, or does it provide supplemental or temporary benefits? These are issues to be addressed in a QDRO.\n\n<h2>Get Your Own Independent Help</h2>\n\nRemember that the QDRO is being drafted to ensure that the spouse that is not a payee on the retirement account gets proceeds from the account. As such, it is a document that legally protects only one spouse.\n\nThat means that you should avoid jointly hiring a professional to draft a QDRO for both of you, as there is an inherent conflict of interest. At the very least, both sides should have a professional ready to review, if not draft, any proposed QDRO presented by the other spouse.\n\nMake sure all assets are accounted for and properly divided in your divorce. Our Tampa asset and debt division attorneys at The Pawlowski//Mastrilli Law Group can help you handle problems <a href=\"/tampa-family-lawyer/asset-debt-division/\">dividing property</a>.\n\nResources:\n\nfloridabar.org/the-florida-bar-journal/a-survey-of-significant-qdro-case-law-in-florida/\n\ndms.myflorida.com/workforce_operations/retirement/members/qualified_domestic_relations_orders_qdros',	'What is a QDRO in a Divorce Case and Do You Need One?',	'',	'publish',	'closed',	'closed',	'',	'what-is-a-qdro-in-a-divorce-case-and-do-you-need-one',	'',	'',	'2019-02-08 03:00:53',	'2019-02-08 11:00:53',	'',	0,	'https://www.megajustice.com/?p=3041',	0,	'post',	'',	0),
(3042,	3,	'2019-02-07 08:41:03',	'2019-02-07 16:41:03',	'',	'DivDecree',	'',	'inherit',	'closed',	'closed',	'',	'divdecree',	'',	'',	'2019-02-07 08:41:03',	'2019-02-07 16:41:03',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/DivDecree.jpg',	0,	'attachment',	'image/jpeg',	0),
(3044,	3,	'2019-02-14 03:00:01',	'2019-02-14 11:00:01',	'When we think of <a href=\"/tampa-family-lawyer/child-custody/\">custody</a> battles, we often think of them in terms of mom or dad having rights to raise or house the children. But what about grandparents? There are instances when grandparents may provide a more loving, caring, and nurturing environment than one or both parents.\n\n<h2>Grandparents Historically Have Few Rights</h2>\n\nFor many years, grandparents had little rights to custody, visitation or time sharing over children. The logic was that allowing grandparents to have visitation or time sharing with kids instead of (or against the wishes of) the natural parent was an infringement on the constitutional parental rights over a child.\n\nThis often led to harsh results that may not have been in the best interest of the children. If even a parent who is neglectful or creates a bad home situation has priority over grandparents, the parental right of that parent trumps the best interest of the child.\n\n<h2>Florida Enacts Laws Providing Some Relief</h2>\n\nThat changed with Florida\'s enactment of the grandparent rights law. The law gives more rights to grandparents, but still is very restrictive as to when a grandparent can be awarded custodial rights over a child.\n\nA grandparent can petition for custody or time sharing of a child only where one or both parents are \"deceased, missing, or in a persistent vegetative state,\" or where one parent is fits this definition and the other is convicted of a felony that evidences \"....behavior that poses a substantial threat of harm to the minor child’s health or welfare.\"\n\nThis means that simply disapproving of how a parent is raising a child will not be enough for grandparents to win time, visitation or custody. Even if a child is being potentially harmed while with one parent, courts will favor more time with the other parent before considering placing the child with grandparents.\n\n<h2>Best Interests of the Child</h2>\n\nIf the findings are made that a parent is incapacitated, the court must then assess whether it is in the best interest of the child for grandparents to have visitation or time sharing, and whether granting time to grandparents will adversely affect the parent-child relationship of either remaining parent.\n\nThe findings for parental unfitness or possible harm to the child must be by \"clear and convincing\" evidence, a heightened standard than what normally applies in family law cases.\n\nGrandparents seeking custody or time sharing of minor children must demonstrate that they have had a continued, ongoing relationship with the child, that they were involved in the ongoing support of the child, and that the participation in the child\'s life by the grandparents pre-existed the situation that makes one or both parents unfit (death, going missing, or the vegetative state). The court can also consider the extent to which granting time with grandparents will minimize the trauma sustained by a child over the incapacitation of one or both parents.\n\n<h2>Grandparents and Parents</h2>\n\nLike a \"normal\" custody battle that looks at the relationship between ex spouses, the court will also examine the relationship between the grandparents and the surviving parent to see if they are capable of co-parenting. Courts will not look kindly on previous hostility between the two parties.\n\nGrandparents will also be expected to refrain from exposing the child to influences that are discouraged by the other surviving parent--for example, taking the child to religious services for a different religion than the one in which the remaining parent is raising the child.\n\n<h2>Let Us Help You Today</h2>\n\nDo you have questions about obtaining rights over a grandchild? Make sure to contact the Tampa family law attorneys at The Pawlowski//Mastrilli Law Group for a help and advice about custody, time sharing or visitation issues.\n\nResource:\n\nclickorlando.com/news/gov-rick-scott-signs-grandparents-rights-bill-into-law\n\n<a href=\"/should-you-ask-for-a-guardian-ad-litem-in-a-custody-case/\">https://www.megajustice.com/should-you-ask-for-a-guardian-ad-litem-in-a-custody-case/</a>',	'Grandparents Have Limited Rights to Custody and Time-Sharing',	'',	'publish',	'closed',	'closed',	'',	'grandparents-have-limited-rights-to-custody-and-time-sharing',	'',	'',	'2019-02-14 03:00:01',	'2019-02-14 11:00:01',	'',	0,	'https://www.megajustice.com/?p=3044',	0,	'post',	'',	0),
(3046,	3,	'2019-02-15 03:00:01',	'2019-02-15 11:00:01',	'When you are drafting a prenuptial agreement, or if you are negotiating a marital settlement agreement, when it comes to property, there may be a lot of fighting over who gets what. Everyone wants items of value (or payouts to represent what the other spouse is getting). Often however, little thought is given to <a href=\"/tampa-family-lawyer/asset-debt-division/\">debts</a> and liabilities and to who will pay them.\n\n<h2>Debt as a Negotiation Tool</h2>\n\nOne of the good things about resolving your divorce amicably without the need for a trial is the ability to negotiate back and forth. Debt can be a valuable tool in those negotiations by balancing out things given to the other spouse.\n\nFor example, assume there is a car that is fully paid off, and the wife wants it. Her husband can agree to give it to her, in return for the wife taking on responsibility for marital debts that equal (or roughly equal) the husband’s financial interest in that car.\n\nThe same negotiations can be made for alimony. Many couples agree that one spouse will pay less alimony in return for accepting a larger part of marital debts.\n\n<h2>Creditors Aren’t Bound</h2>\n\nOne thing that is often overlooked in these negotiations is that your creditors are not bound by your divorce agreement. If the husband and wife have a joint Chase credit card, and the divorce agreement says that the husband will pay it, Chase is not bound to only pursuing the husband for the money—the wife is still legally on the hook and can be sued for the debt with the husband.\n\nThis can leave a spouse with a troubling choice: Pay the debt the other spouse agreed to pay, or else risk damage to credit ratings, lawsuits, and everything else that comes with unpaid debt.\n\n<h2>Homes and Mortgages</h2>\n\nHomes are a huge issue as well. The mortgage company does not care that you have a divorce agreement saying your ex-husband will pay the mortgage. If he does not pay, you and anyone living in the home (including children) will get foreclosed on.\n\nYou may also face a second problem—if your spouse’s name and not yours is the name on the loan, the bank may even refuse to speak to you. You may not even know until you are served with foreclosure papers as a result of your ex not paying the mortgage as he said he would in your settlement agreement; and, because you are not on the loan, even if you wanted to try to modify the loan or fix the problem, the bank may not even deal with you.\n\nThat’s why it is vital to know which spouse is on the loan and the mortgage before starting negotiations.\n\nDon’t hesitate to reach out to our Tampa family law attorneys at <a href=\"/\">The Pawlowski//Mastrilli Law Group</a> for a help and advice about negotiating a divorce, or trying your divorce case in court. We are eager to assist you throughout each step of your case.\n\n<a href=\"/what-is-a-qdro-in-a-divorce-case-and-do-you-need-one/\">https://www.megajustice.com/what-is-a-qdro-in-a-divorce-case-and-do-you-need-one/</a>',	'Things to Know Before Dividing Marital Debt',	'',	'publish',	'closed',	'closed',	'',	'things-to-know-before-dividing-marital-debt',	'',	'',	'2019-02-15 03:00:01',	'2019-02-15 11:00:01',	'',	0,	'https://www.megajustice.com/?p=3046',	0,	'post',	'',	0),
(3053,	3,	'2019-02-11 12:11:52',	'2019-02-11 20:11:52',	'',	'Grandmother',	'',	'inherit',	'closed',	'closed',	'',	'grandmother',	'',	'',	'2019-02-11 12:11:52',	'2019-02-11 20:11:52',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/Grandmother.jpg',	0,	'attachment',	'image/jpeg',	0),
(3055,	3,	'2019-02-11 12:15:35',	'2019-02-11 20:15:35',	'',	'DivMoney',	'',	'inherit',	'closed',	'closed',	'',	'divmoney',	'',	'',	'2019-02-11 12:15:35',	'2019-02-11 20:15:35',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/DivMoney.jpg',	0,	'attachment',	'image/jpeg',	0),
(3079,	3,	'2019-02-27 03:00:38',	'2019-02-27 11:00:38',	'Cities are always trying to figure out how they can reduce the number of <a href=\"/tampa-car-accident-lawyer/\">car accidents</a> within their borders. Passing new laws or making them more restrictive can help in certain situations--for example, DUI laws or those restricting the use of cellphones while driving. But the bigger issue is how to design traffic flow in a way that results in fewer accidents of any kind.\n\n<h2>The Use of Roundabouts</h2>\n\nOne idea that has been used sporadically but which shows promise is the <a href=\"https://www.iihs.org/iihs/topics/t/roundabouts/qanda\">use of roundabouts</a> (which don\'t have to be perfectly round--they can be oval or tear shaped). Unlike intersections that use stop signs or street lights, roundabouts are circular shaped patterns, where traffic is directed around the circle and yields to cars coming into the circle.\n\nThere still seems to be a public perception that roundabouts, being ungoverned by traffic signals, are more, and not less dangerous. In fact, most of the research proves otherwise.\n\n<h2>Accidents are Reduced at Roundabouts</h2>\n\nAccording to the Insurance Institute for Highway Safety, the use of roundabouts resulted in a 75% decrease in injury accidents as compared to intersections with traditional controls. Collisions involving fatalities went down 90%.\n\nThe U.S. Department of Transportation also favors the use of roundabouts, saying that the number of collisions where someone is seriously injured is reduced between 78-82% as compared to traditional intersections. A 1992 study in the Netherlands similarly found a 51% reduction in overall crashes where there were roundabouts.\n\n<h2>Why Roundabouts are Safer</h2>\n\nThere are many reasons why roundabouts work. One reason is that unlike traditional intersections where cars often approach at high speeds, cars navigating a roundabout must necessarily slow down. This makes a huge difference in injuries to pedestrians. At 20mph, 9 out of 10 pedestrians will survive an impact. But at 30mph the survival rate goes down to 5 out of 10.\n\nThere are also fewer conflict points--places where accidents can potentially happen--than there are in normal intersections. Modern roundabouts also have fewer lane changes, a cause of many traffic accidents.\n\nWhen collisions do happen, they are often between cars going the same direction. There are almost no head-on or side impact crashes, which tend to do the most damage. Pedestrians also need only to watch for cars coming in one direction.\n\nAlthough some critics cite to statistics showing there may be more accidents in roundabouts, those are usually non-injury causing accidents, or accidents involving one vehicle (i.e., running off the road). Many of these accidents may be caused by the general unfamiliarity of drivers as to how to navigate roundabouts.\n\nFor those worried about convenience, roundabouts still win; the FDOT estimates that intersections see up to a 50% increase in capacity with roundabouts.\n\nGet help if you have been involved in a car accident. Tampa injury law attorneys at The Pawlowski//Mastrilli Law Group can provide you help in obtaining damages for injuries sustained in any type of car accident.\n\nResources:\n\nsafety.fhwa.dot.gov/intersection/innovative/roundabouts/\n\nwsdot.wa.gov/Safety/roundabouts/benefits.htm\n\n<a href=\"/drowsy-driving-is-a-serious-problem-on-the-roadways/\">https://www.megajustice.com/drowsy-driving-is-a-serious-problem-on-the-roadways/</a>',	'Are Roundabouts the Key to Making the Roads Safer?',	'',	'publish',	'closed',	'closed',	'',	'are-roundabouts-the-key-to-making-the-roads-safer',	'',	'',	'2019-02-27 03:00:38',	'2019-02-27 11:00:38',	'',	0,	'https://www.megajustice.com/?p=3079',	0,	'post',	'',	0),
(3081,	3,	'2019-02-28 03:00:47',	'2019-02-28 11:00:47',	'You are likely aware that as a general rule, in a Florida <a href=\"/tampa-family-lawyer/divorce/\">divorce</a>, assets will be divided (though not necessarily equally between the parties), and some property may even be ordered to be sold or liquidated with the proceeds going to each party as determined by the judge.\n\nHowever, like any type of case, the determination of who gets what won\'t be made until the end of the case. That means that until then, there are assets that generally can\'t be used, sold, or liquidated by either party, even though in reality one party may have a need to sell or liquidate an asset before then.\n\n<h2>Assets May Need Early Liquidation</h2>\n\nA big issue is the marital home. Assume that it is being sold, and there is a willing buyer with a good offer on the property. Waiting until the divorce is finalized could mean losing that buyer and the offer. One or both parties may want permission to sell the home and divide the proceeds before the end of the case to avoid losing that opportunity.\n\nOther examples are items that may incur a tax penalty unless they are liquidated at a certain time, or savings or bank accounts that one party may need in order to support themselves or the kids before the case is over.\n\n<h2>Procedure to Get Permission to Divide Assets Early</h2>\n\nFlorida has a procedure to divide property before the end of the case. To do so, the party seeking early distribution of an asset must file a motion, sworn to under oath that shows good cause why the asset should be distributed early. Additionally, the distribution will only be awarded with a showing of \"extraordinary circumstances.\"\n\nThere must also be a showing that there will be no inequity or prejudice to either party by making the distribution early.\n\nThe right to an early distribution of assets can be stated in a premarital agreement. However, the agreement must say that the party will have a right to the early distribution--simply saying that Spouse A gets a piece of property will not provide the good cause needed to show that the property should be divided up and given to a party before the end of the divorce case.\n\nParties can only ask for early distribution of assets that are subject to division in the case--that is, marital property that the side asking for distribution would have some interest in.\n\nAlthough there is a separate procedure for temporary support and attorneys fees while a divorce action is pending, early distribution of assets can also help a party that is struggling financially get through the duration of a divorce.\n\nMake sure you know how assets will be handled in your divorce case. Our Tampa divorce attorneys at The Pawlowski//Mastrilli Law Group can help you with your family law legal problems and questions.\n\nResource:\n\nleg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0000-0099/0061/Sections/0061.075.html\n\n<a href=\"/lessons-to-be-learned-from-amazons-jeff-bezos-divorce/\">https://www.megajustice.com/lessons-to-be-learned-from-amazons-jeff-bezos-divorce/</a>',	'Can You Be Awarded Assets in a Divorce Before the Case is Finalized?',	'',	'publish',	'closed',	'closed',	'',	'can-you-be-awarded-assets-in-a-divorce-before-the-case-is-finalized',	'',	'',	'2019-02-28 03:00:47',	'2019-02-28 11:00:47',	'',	0,	'https://www.megajustice.com/?p=3081',	0,	'post',	'',	0),
(3083,	3,	'2019-03-06 08:54:02',	'2019-03-06 16:54:02',	'Common law marriages are often spoken about and even joked about, even though few people know what they are, or whether Florida even recognizes them. While issues relating to common law marriages are not common, it\'s good to know what they are and how and when they could affect you.\n\n<h2>What is a Common Law Marriage? </h2>\n\nA common law marriage is a marriage that is recognized as legal even though it has not been officially legalized by obtaining a marriage license or having a ceremony. The parties to the common law marriage have the same rights as parties that got married formally.\n\nOnly a few states recognize common law marriages. Contrary to popular belief, it takes more than just living together to have a common law marriage. In states that recognize common law marriages, generally, couples must show that:\n\n<ul>\n<li>They have lived together for the amount of time the state requires</li>\n<li>They have held themselves out as being married to the public. This can include calling each other husband and wife, opening accounts in joint names, or the parties voluntarily adopting the same last name.</li>\n<li>They are otherwise legally allowed to be married (for example, they are above the minimum legal age and aren\'t already married to someone else)</li>\n</ul>\n\n<h2>Florida and Common Law Marriages</h2>\n\nFlorida does not recognize common law marriages. No matter what you do and no matter how long you live together, your partnership will not have the same rights as those that were formalized legally as marriages.\n\nThis may be a good thing depending on who you are. For example, if common law marriage is not recognized, a common law spouse\'s right to his or her share of marital property is not applicable. So if you are a spouse that helped your spouse grow his or her business, you could lose out on the contributions you made towards the business because your marriage is not recognized and family laws won’t apply (you don’t even need to get legally divorced). If you are the spouse who owns the business, the opposite is true -- you have some protections if no part of the business is legally owned by your spouse.\n\n<h2>Preparing if Common Law Marriage Doesn’t Apply</h2>\n\nLikewise, you should make sure that proper estate documents, like wills or health care directives are executed, as there will be no assumption that your partner automatically inherits anything or has a right to make decisions for you should you become debilitated.\n\nAlthough Florida does not allow common law marriages, Florida does recognize common law marriages that were valid from other states. Couples that move to Florida that don\'t think they are married could be considered married if they meet the requirements of the state they came from.\n\nRemember that if you have children, custody and child support law does not care if you are married. Common law marriages have nothing to do with a party\'s rights to visitation, or determinations of which parent will have more time with the children. Those determinations are treated similarly whether you are legally married or not.\n\nFamily law questions or concerns? Our Tampa <a href=\"/tampa-family-lawyer/\">family law attorneys</a> at The Pawlowski//Mastrilli Law Group can help you handle problems involving divorce and custody.\n\n<a href=\"/pay-attention-to-your-financial-affidavits/\">https://www.megajustice.com/pay-attention-to-your-financial-affidavits/</a>',	'What is a Common Law Marriage?',	'',	'publish',	'closed',	'closed',	'',	'what-is-a-common-law-marriage',	'',	'',	'2019-03-06 08:54:02',	'2019-03-06 16:54:02',	'',	0,	'https://www.megajustice.com/?p=3083',	0,	'post',	'',	0),
(3085,	3,	'2019-03-07 03:00:22',	'2019-03-07 11:00:22',	'When parents argue about <a href=\"/tampa-family-lawyer/child-custody/\">child custody</a>, one of the first things they usually do to try to prove that they should get the majority of time with the child is to request that the court ask the child what he or she wants. On the surface, this may seem logical--why not get the opinion directly from the source? But Florida law very much limits how and when a child\'s own opinions of timesharing can be considered, for some very important reasons.\n\n<h2>When Testimony Can be Taken</h2>\n\nA court can take testimony from a minor child about his or her opinion as to time sharing, so long as the child appears to be capable of giving the testimony, and it would not harm the child (for example, being emotionally taxing to force the child to testify \"against\" one parent).\n\nThere is no age limit to determine when a child is too young to testify, but certainly testimony from younger children will be frowned upon by a court. Even when a child does testify, the court does not necessarily have to consider the child\'s opinion. The court can still base an opinion contrary to the child\'s desires on evidence other than the child\'s opinion.\n\n<h2>Problems With Minors Testifying</h2>\n\nA child\'s testimony is fraught with problems. For siblings, it may be impossible, where one sibling is old enough to give meaningful testimony but the other is not; the court can\'t make a custody determination based on what only one child wants.\n\nThere are also concerns that children don\'t know what is best for them. Children may want to live with the parent that lets them go to bed late and skip out on homework--that doesn\'t make that parent the most fit for time sharing. Kids may also testify just to be vengeful--that is, to \"get back\" at the parent that insists they do things they don\'t want to do.\n\nChildren may not know what goes on behind the scenes. For example, if a spouse is abusive, or engaging in criminal activity, the child may have no idea. The child may want to live with that parent having no idea the situation is not safe or healthy for them.\n\n<h2>Forcing Minors to Testify</h2>\n\nKids can\'t be forced to testify, unless there is some kind of emergency that requires the child\'s testimony. In most standard family law cases, kids\' testimony will be elicited through guardians ad litem, or other professionals who will speak to the child and convey the child\'s opinion to the court.\n\nJudges have the legal right to speak with kids privately in chambers and away from the parties, so long as there is a court reporter present to transcribe what is said.\n\nWorried about a custody dispute in your family law case? Our Tampa family law attorneys at The Pawlowski//Mastrilli Law Group can help you with your sensitive family law legal problems.\n\nResources:\n\nfloridabar.org/the-florida-bar-journal/child-testimony/\n\nflcourts.org/content/download/403169/3457348/944a.pdf\n\n<a href=\"/grandparents-have-limited-rights-to-custody-and-time-sharing/\">https://www.megajustice.com/grandparents-have-limited-rights-to-custody-and-time-sharing/</a>',	'Can a Minor Testify in a Custody Dispute?',	'',	'publish',	'closed',	'closed',	'',	'can-a-minor-testify-in-a-custody-dispute',	'',	'',	'2019-03-07 03:00:22',	'2019-03-07 11:00:22',	'',	0,	'https://www.megajustice.com/?p=3085',	0,	'post',	'',	0),
(3087,	3,	'2019-02-21 09:30:37',	'2019-02-21 17:30:37',	'In almost every kind of <a href=\"/tampa-family-lawyer/\">family law</a> case, parties are required to fill out and complete financial affidavits. These are detailed accountings of income of every source and property that you may own. Many people fill these forms out haphazardly, or don\'t fill them out at all, either out of laziness, or in a purposeful attempt to conceal information they think is damaging. However, financial affidavits are an important part of the dissolution process, and should be given attention.\n\n<h2>Why Affidavits are Important</h2>\n\nOne of the biggest complaints that people in a divorce make is that their spouse\'s financial affidavit is inaccurate or incomplete or that their soon-to-be-ex outright lied on the affidavit. Many people feel that if their spouse was untruthful in their financial affidavit, why should they have to be truthful?\n\nThink of financial affidavits as a starting point. Even if incomplete or inaccurate, information on affidavits can be the springboard that leads to the discovery of more accurate information later on. That information may end up contradicting information on a financial affidavit, which brings us to our next point.\n\nFor example, if a party says they work for Company X, and they say they make half of what they are actually earning, the fact they listed Company X on the affidavit provides a basis to get records directly from Company X. Once those records are received, the truth will come out.\n\n<h2>When Affidavits are Inaccurate</h2>\n\nIf it is discovered that the information on an affidavit is wildly inaccurate or incomplete, a party in a divorce can end up looking very bad before a judge. It is a crime to lie on the affidavit--it is sworn under oath, and can be the basis for perjury--although realistically, the state is usually not going to prosecute someone for lying on a financial affidavit.\n\nHowever, showing that someone lied can ruin all credibility they may have had to the judge. It can undermine all of their testimony. In cases that turn on \"he said/she said,\" establishing credibility--or losing it because you lied on the affidavit--can be the difference between winning and losing a case.\n\nRemember that for the purposes of an affidavit, lying or being incomplete by accident doesn\'t matter much. When it is shown to a judge that a party submitted an inaccurate affidavit, it can harm that party\'s case.\n\nIt can also make depositions more difficult. In many family law depositions, an attorney will go through a financial affidavit line by line with the party that filled it out. It is not a pleasant situation to be sitting in a deposition and not know why you put or left out vital information that should have been in your affidavit.\n\nMake sure you have guidance every step of the way in your divorce. Our Tampa family law attorneys at The Pawlowski//Mastrilli Law Group can help you with your family law legal problems and questions.\n\nResource:\n\nflcourts.org/content/download/403038/3456562/902c.pdf\n\n<a href=\"/the-benefits-of-collaborative-divorces/\">https://www.megajustice.com/the-benefits-of-collaborative-divorces/</a>',	'Pay Attention to Your Financial Affidavits',	'',	'publish',	'closed',	'closed',	'',	'pay-attention-to-your-financial-affidavits',	'',	'',	'2019-02-21 09:30:37',	'2019-02-21 17:30:37',	'',	0,	'https://www.megajustice.com/?p=3087',	0,	'post',	'',	0),
(3089,	3,	'2019-02-21 09:30:24',	'2019-02-21 17:30:24',	'',	'FamLaw2',	'',	'inherit',	'closed',	'closed',	'',	'famlaw2',	'',	'',	'2019-02-21 09:30:24',	'2019-02-21 17:30:24',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/FamLaw2.jpg',	0,	'attachment',	'image/jpeg',	0),
(3091,	3,	'2019-02-22 03:00:53',	'2019-02-22 11:00:53',	'When parties get divorced with minor children, there is a great deal of negotiation that goes on between them. Give and take is part of the negotiation process and is generally a good thing, that courts favor. The less fighting that parents do during the divorce, the easier it is on the minor children.\n\n<h2>Negotiating Child Support</h2>\n\nOne thing that parents may try to negotiate with is <a href=\"/tampa-family-lawyer/child-support/\">child support</a>, specifically, agreeing to waive the right to receive child support. Maybe this is in exchange for other accommodations such as more alimony, better division of property, or more time sharing with the child. Many parents are even willing to forego child support payments from the other spouse, just to \"get them out of the picture.\" They would rather the other parent \"go away\" than take child support from him or her.\n\nThe problem is that a judge will not accept a divorce that waives child support as one of the terms. This is because child support payments belong to the child. The court will not allow parents to waive something that belongs to the child. In some cases, even attempting to do so can draw the ire of a family law judge.\n\n<h2>How Parties Can Work Out Agreed-to Child Support</h2>\n\nBecause child support is based on a formula that generally is based on income inequality between the parents and the amount of time the child spends with each parent, it is possible to have a time sharing arrangement that is close to 50-50, with parents that make about equal incomes, and come out with a child support figure that is very low.\n\nFor example, a parent making money on commission or with a seasonal business may have some flexibility in what his or her stated income is, and thus can utilize an income figure that allows the parties to get closer to even, and thus, a nominal child support number.\n\nAssuming both parties are fit, and it won\'t be a detriment to the child, the parties can work out a visitation schedule that is about even, and thus, lowers child support payments. Just bear in mind that whatever schedule you agree to, you will have to live with. You cannot provide your ex 120 nights a year with the child in your agreement or final judgment in order to manipulate the child support, and then later complain if he or she actually wants the child on those 120 nights.\n\n<h2>Deviation From the Support Guidelines</h2>\n\nCourts do have the ability to deviate from the child support guidelines. This must be specifically requested by the parties, and the court often must list specific reasons, which means that you should have these specific reasons to show the court why a deviation won\'t hurt the child. While the ability for a court to deviate from the guidelines is limited, the deviation can still help parties get closer to the child support figure they are seeking.\n\nAre you getting a divorce and need to work out child support concerns or issues? Our Tampa family law attorneys at The Pawlowski//Mastrilli Law Group can help you with your family law legal problems and questions.\n\nResource:\n\nflcourts.org/content/download/403167/3457336/943.pdf\n\n<a href=\"/how-to-handle-an-inability-to-pay-alimony-or-child-support/\">https://www.megajustice.com/how-to-handle-an-inability-to-pay-alimony-or-child-support/</a>',	'Can Parties Agree to Waive Child Support?',	'',	'publish',	'closed',	'closed',	'',	'can-parties-agree-to-waive-child-support',	'',	'',	'2019-02-22 03:00:53',	'2019-02-22 11:00:53',	'',	0,	'https://www.megajustice.com/?p=3091',	0,	'post',	'',	0),
(3092,	3,	'2019-02-21 09:34:20',	'2019-02-21 17:34:20',	'',	'CSupport7',	'',	'inherit',	'closed',	'closed',	'',	'csupport7',	'',	'',	'2019-02-21 09:34:20',	'2019-02-21 17:34:20',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/CSupport7.jpg',	0,	'attachment',	'image/jpeg',	0),
(3098,	3,	'2019-02-25 13:10:06',	'2019-02-25 21:10:06',	'',	'Roundabout',	'',	'inherit',	'closed',	'closed',	'',	'roundabout',	'',	'',	'2019-02-25 13:10:06',	'2019-02-25 21:10:06',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/Roundabout.jpg',	0,	'attachment',	'image/jpeg',	0),
(3100,	3,	'2019-02-25 13:13:08',	'2019-02-25 21:13:08',	'',	'Div17',	'',	'inherit',	'closed',	'closed',	'',	'div17',	'',	'',	'2019-02-25 13:13:08',	'2019-02-25 21:13:08',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/02/Div17.jpg',	0,	'attachment',	'image/jpeg',	0),
(3118,	3,	'2019-03-06 08:53:20',	'2019-03-06 16:53:20',	'',	'Marriage2',	'',	'inherit',	'closed',	'closed',	'',	'marriage2',	'',	'',	'2019-03-06 08:53:20',	'2019-03-06 16:53:20',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/Marriage2-e1551891215525.jpg',	0,	'attachment',	'image/jpeg',	0),
(3120,	3,	'2019-03-06 08:57:45',	'2019-03-06 16:57:45',	'',	'Custody3',	'',	'inherit',	'closed',	'closed',	'',	'custody3',	'',	'',	'2019-03-06 08:57:45',	'2019-03-06 16:57:45',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/Custody3.jpg',	0,	'attachment',	'image/jpeg',	0),
(3129,	3,	'2019-03-21 03:00:01',	'2019-03-21 10:00:01',	'The Florida Supreme Court is set to hear a case that could have a big difference in how much money that <a href=\"/tampa-car-accident-lawyer/\">car accident</a> victims get to keep from their settlement or verdict. The case involves the interpretation of personal injury protection (PIP) benefits.\n\n<h2>What is PIP?</h2>\n\nPIP insurance is insurance that is available to motorists without having to show that anybody was liable for the accident. Whether you are at fault, or just run your car off the road because of your own negligence, you get your PIP benefits. In this way, PIP is intended to provide some financial relief quickly and efficiently. By law, every driver must have PIP insurance.\n\nPIP insurance often has a deductible. PIP will generally pay for 80% of your medical expenses. This is where the problem comes in--does the 80% apply before or after the deductible applies? a quick hypothetical can show why this question makes a difference.\n\n<h2>How and When is PIP Applied?</h2>\n\nLet\'s assume that you have $10,000 in medical expenses, and a $2,000 deductible. If PIP applies to the entirety of your bills ($10,000), you would get $8,000 in benefits. But if PIP only is calculated after the deductible is deducted, then you would only get $6,400 in benefits (being 80% of $8,000).\n\nThe latter scenario would leave you owing $3,600 in out-of-pocket expenses on that $10,000 medical bill. The former would leave you owing $2,000--exactly the amount of your deductible, which effectively means that PIP paid 100%, and not 80%, of your non-deductible medical expenses ($8,000).\n\nOn the one hand, PIP paying an effective 100% of non deductible expenses would seem to run contrary to the law, which says that PIP pays only 80%. On the other hand, PIP is supposed to be interpreted in a way that favors more insurance coverage, not less, and since the statute is not clear on this point, the Florida Supreme Court may lean towards the extra coverage created by the ambiguity on the subject.\n\nThis makes a difference to all car accident victims, because the less that is covered by insurance, the more that will have to be repaid to medical providers out of the proceeds of a verdict or settlement.\n\nThere is no word as to when the Florida Supreme Court will rule on the case, or even if they ever will, even though different appellate courts have ruled differently, making the law currently different depending on where in the state your case happens to be.\n\nTampa car accident attorneys at The Pawlowski//Mastrilli Law Group can answer your questions and help you obtain damages for injuries sustained in a car accident. Reach out to us today for help.\n\nResource:\n\nedca.5dca.org/DCADocs/2018/3356/183356_1254_12282018_08561337_i.pdf\n\n<a href=\"/the-moral-and-legal-ethics-of-self-driving-cars/\">https://www.megajustice.com/the-moral-and-legal-ethics-of-self-driving-cars/</a>',	'Florida Supreme Court to Determine PIP Deductible Issue',	'',	'publish',	'closed',	'closed',	'',	'florida-supreme-court-to-determine-pip-deductible-issue',	'',	'',	'2019-03-21 03:00:01',	'2019-03-21 10:00:01',	'',	0,	'https://www.megajustice.com/?p=3129',	0,	'post',	'',	0),
(3131,	3,	'2019-03-22 03:00:51',	'2019-03-22 10:00:51',	'Your divorce case is over, whether by the hand of a judge making decisions for you, or by the consent of both parties, who have voluntarily and possibly amicably agreed to the terms of the divorce, including timesharing and parenting.\n\nThe first time your child (or children) get sick post-divorce, you may be wondering which parent has the right to make medical decisions for the child. The answer may be more complex than you may think.\n\n<h2>Emergencies vs. Non Emergencies</h2>\n\nAs should be obvious, when it comes to emergencies, any parent that is with the child when a medical emergency arises has the right (and obligation) to get appropriate medical care. Neither parent needs to call the other and discuss whether an ambulance should be called or whether a child should be taken to the ER.\n\nHowever, there are a number of medical treatment decisions that must be made that are not emergencies (or which could become emergencies if treatment is not rendered relatively quickly).\n\nYou might assume that if you are the one with timesharing with the child when the treatment is needed, you can make those decisions on your own. Or you may assume that if you are the parent with the majority of timesharing with the child (i.e., the majority of overnights), you automatically can make those medical decisions on your own.\n\nHowever, that is not the case. Regardless of who has more nights with the children, in most cases it will be assumed that both parents have the right to make medical decisions about the child. This is to protect the parental rights of the “other parent.”\n\nIf you only have, say, 30% of overnights with the child, that does not deprive you of the right to join in making important life decisions, such as medical decisions, although other decisions, such as with education and religion can also apply.\n\nLikewise if you are the parent with 70% of overnights with the child, you should not assume that you can make decisions unilaterally either.\n\n<h2>Parenting Plan Can be Modified</h2>\n\nFlorida’s parenting plan form does allow and even require the parties to declare before a custody dispute is finalized, who will make medical decisions about the child, but the form defaults to both parties having uniform rights. If both parents can’t agree, then one parent is given final authority. However, there is nothing that says that the form can’t be modified to prevent one parent from having the ability to make a decision in case of a “tie vote.”\n\nJust be aware that in the event there is no final authority to either parent given, the only other resort to breaking an impasse between parents will be asking a court to decide. This can be a drawn out process (not great if medical care is necessary), and the court will make the decision based on what is in the best interests of the child.\n\nOur Tampa <a href=\"/tampa-family-lawyer/\">family law</a> attorneys at The Pawlowski//Mastrilli Law Group can help you with your custody and timesharing questions and assist you in your divorce.\n\nResource:\n\nflcourts.org/content/download/403367/3458536/995a.pdf\n\n<a href=\"/pay-attention-to-your-financial-affidavits/\">https://www.megajustice.com/pay-attention-to-your-financial-affidavits/</a>',	'Who Makes Medical Decisions for a Minor Child?',	'',	'publish',	'closed',	'closed',	'',	'who-makes-medical-decisions-for-a-minor-child',	'',	'',	'2019-03-22 03:00:51',	'2019-03-22 10:00:51',	'',	0,	'https://www.megajustice.com/?p=3131',	0,	'post',	'',	0),
(3133,	3,	'2019-03-28 03:00:27',	'2019-03-28 10:00:27',	'Adultery is devastating to any relationship, including a marriage. The violation of trust can cause bitter feelings that can not only lead to <a href=\"/tampa-family-lawyer/divorce/\">divorce</a>, but that infect the divorce process, making it hard for the parties to make rational decisions through feelings of anger, hurt, shame, and upset.\n\nBut does adultery legally matter in a Florida divorce case? It may not matter as much as you think.\n\n<h2>When Adultery Matters and When it Doesn’t</h2>\n\nFlorida is a no fault divorce state. This means that there is no need for a party to prove that the marriage is irretrievably broken, or to even give any reason for the divorce. The fact that one party or the other is at \"fault\" won\'t stop the divorce and in many cases judges don\'t even ask the parties why they are getting divorced.\n\nAdultery can, but does not always, have an impact on custody decisions. The question is whether the party having the affair did something that is harmful to the children.\n\nFor example, if a party simply has an affair outside of the home and the child has no idea or is too young to even appreciate what an affair even is, the fact that one party cheated won\'t have much of an effect on that party\'s request for timesharing with the child.\n\nOn the other hand, if that parent ignored parenting duties to be with the third party, or exposed the child to the third party, or did something inappropriate, like having the third party sleep in the marital home while the child was home, it could impact the judge\'s opinion of that spouse\'s fitness to have significant timesharing. In fact, a judge may understandably have concern about how a young child, devastated over the divorce of his or her parents, will take to immediately living with a parent that suddenly exposes the child to a new partner.\n\n<h2>Adultery and Alimony</h2>\n\nAdultery also will not directly play into alimony decisions, as alimony is not designed to be punishment. However, if a spouse is wasting marital assets on the third party, it could affect a judge\'s opinion of that party\'s ability to pay alimony.\n\nFor example, if a party is paying for vacations, diamonds, or other merchandise for the third party, it may contradict that party\'s contention that he or she cannot pay meaningful alimony or child support.\n\nAdditionally, if a party has depleted a marital asset, for example by using marital funds from a marital bank account to pay for dinners and surprises for the third party, the cheating spouse may be ordered to pay the other spouse back (or otherwise, the other spouse will be awarded a greater share of the marital assets in order to make up for the marital assets that were lost after being spent on the third party).\n\nOur Tampa divorce attorneys at The Pawlowski//Mastrilli Law Group can help you with your family law problems questions and assist you in your divorce. Contact us today for help.\n\n<a href=\"/can-you-be-awarded-assets-in-a-divorce-before-the-case-is-finalized/\">https://www.megajustice.com/can-you-be-awarded-assets-in-a-divorce-before-the-case-is-finalized/</a>',	'Does Adultery Matter in a Divorce Case?',	'',	'publish',	'closed',	'closed',	'',	'does-adultery-matter-in-a-divorce-case',	'',	'',	'2019-03-28 03:00:27',	'2019-03-28 10:00:27',	'',	0,	'https://www.megajustice.com/?p=3133',	0,	'post',	'',	0),
(3135,	3,	'2019-03-29 03:00:37',	'2019-03-29 10:00:37',	'When you are working out the areas of your <a href=\"/tampa-family-lawyer/divorce/\">divorce</a>, one of the things you will have to decide on is who will be responsible for the marital debt. Both spouses may treat marital debt as a hot potato, trying to get rid of it by giving it to the other spouse as fast as possible. However, there are times when taking marital debt may be a good thing.\n\n<h2>The Problem with Marital Debt</h2>\n\nIn most cases, both spouses’ names will be on marital debt. In other words, both spouses will be legally obligated to pay that credit card as far as the credit card company is concerned. If you took out a joint car loan, you both will be responsible for that car loan. The creditors don’t care that your ex has agreed to pay the debt in a divorce decree.\n\nThat means that if your ex does not pay a bill, you can end up being sued for it, having a car repossessed, or having a home foreclosed on. Even if none of that happens, it can result in  significant and long-term damage to your credit, no matter what the court ordered or what your divorce agreement says.\n\nYes, you can certainly take your ex back to court if he or she doesn’t pay a bill that he or she is supposed to pay. However, that process can be time consuming—your credit will surely be damaged by the time any court orders compliance, especially if your ex does not have the financial means to live up to his or her obligation.\n\n<h2>Taking Debt Can be an Advantage</h2>\n\nBecause of this, it may be better to take marital debts, and make up for doing so by taking additional assets to make up for it. In other words, let’s assume the marital home will be sold, and the proceeds divided 50/50. Instead of doing that, it may be better to try to negotiate for taking 70% of the proceeds in return for accepting more of the marital debt. Or, asking for $200 more a month in alimony in return for taking more marital debt.\n\nYou can do this with any asset. For example, you could ask for a greater portion of the value of a family business, or ask for a paid-off marital vehicle that you otherwise would have had to sell, or ask for a greater percentage of a retirement account.\n\nIn this way, taking on more marital debt can give you the security of not leaving your credit to someone else. As long as the numbers work out, it may be better to be in more control of your financial affairs. It may also may help you negotiate for some other benefit in your divorce that you would not have otherwise received.\n\nOf course, because this all must be negotiated, it is easier to make this work in the process of an agreed-to negotiated settlement agreement than leaving it in the hands of a judge.\n\nOur Tampa divorce attorneys at The Pawlowski//Mastrilli Law Group can help you negotiate a unique and individual divorce settlement, or help you take your divorce to trial if needed. Contact us today for more information.\n\nResource:\n\nflcourts.org/content/download/403048/3456622/902f3.pdf\n\n<a href=\"/do-you-need-an-accounting-or-business-valuation-expert-in-your-divorce/\">https://www.megajustice.com/do-you-need-an-accounting-or-business-valuation-expert-in-your-divorce/</a>',	'The Benefit of Taking on Additional Marital Debt',	'',	'publish',	'closed',	'closed',	'',	'the-benefit-of-taking-on-additional-marital-debt',	'',	'',	'2019-03-29 03:00:37',	'2019-03-29 10:00:37',	'',	0,	'https://www.megajustice.com/?p=3135',	0,	'post',	'',	0),
(3137,	3,	'2019-04-04 03:00:35',	'2019-04-04 10:00:35',	'Families take many forms nowadays, and they aren\'t always traditional. Plenty of children are born to unmarried parents, who are loving and caring and provide great home environments for their kids. But if you are unmarried and have a child, there are some legal issues that you may want to keep in mind when it comes to establishment of paternity.\n\n<h2>How Paternity is Established</h2>\n\nFlorida law looks at the parties\' marital status at the time of the child\'s birth--not at the time of conception. Thus, if the parents are married when the child is born, the child will be presumed to be that of both mom and dad.\n\nThis is true even if mom had an affair, or even if the parties did not know each other at the time of conception.\n\nIf both the mother and father agree who the father is, both parties can sign an acknowledgement of paternity. This document becomes effective 60 days after it is signed, after which point it can only be revoked by a showing of coercion, fraud or duress.\n\nIf the parties don\'t agree to paternity, a court action will have to be filed. Since most parents who don\'t believe a child is theirs aren\'t in a hurry to pay child support, paternity actions usually are accompanied by actions to establish paternity if they are filed by the mother. However, either party, mom or dad, can ask the court to determine paternity.\n\nRemember that the establishment of paternity will provide the father the right to time sharing and visitation if the parents ever split up--but it also could obligate the father to child support payments in the event of a breakup.\n\n<h2>What if You are Misled? </h2>\n\nWhat if the father, unmarried to the mother when the child is born, is misled about paternity--for example, if the mother had an affair that the father did not know about when he agreed to paternity?\n\nTo disestablish paternity, a party must file an action in court, showing that new evidence, which was not known at the time paternity was established or agreed to, has been discovered.\n\nA DNA test must be taken to establish that the child is not that of the father filing for disestablishment. If for some reason the DNA is not available to take a test (for example, a DNA sample cannot be taken from the child), the petitioner can state that, and ask that the court order a DNA test be taken.\n\nImportantly, child support payments must be up to date. If you doubt paternity, you should not stop making child support payments, and then file for disestablishment of paternity, but rather, should keep payments current until the court makes a ruling.\n\nA court can look at statements the alleged father makes, in determining paternity. If the father holds himself out as a child\'s father to friends, family and the public, any statements to that effect can be used against the father\'s effort to disestablish paternity.\n\nIf you are unmarried at the time your child was born, make sure your rights are protected. Our <a href=\"/tampa-family-lawyer/paternity/\">Tampa paternity attorneys</a> at The Pawlowski//Mastrilli Law Group can help you with your family law and paternity problems.\n\nResource:\n\nplantcityobserver.com/good-appeal-how-to-disestablish-paternity-in-florida/\n\n<a href=\"/florida-supreme-court-gives-rights-to-biological-fathers/\">https://www.megajustice.com/florida-supreme-court-gives-rights-to-biological-fathers/</a>',	'Can You Disestablish Paternity?',	'',	'publish',	'closed',	'closed',	'',	'can-you-disestablish-paternity',	'',	'',	'2019-04-04 03:00:35',	'2019-04-04 10:00:35',	'',	0,	'https://www.megajustice.com/?p=3137',	0,	'post',	'',	0),
(3139,	3,	'2019-04-05 03:00:46',	'2019-04-05 10:00:46',	'Social media is everywhere, and most of us consider it relatively harmless. But the things that we put on social media in the form of words, pictures or videos, can come back to haunt us. If you are in the middle of a divorce, or are anticipating being divorced, it\'s important to be mindful of what you are posting on social media.\n\n<h2>One Picture or Video Can Say a Lot</h2>\n\nThe things you post on social media can be evidence in your family law case and can be used against you. We may not give much thought to things like:\n\n<ul>\n<li><p>A picture of a spouse wearing a $10,000 watch even though he or she is trying to convince a court that he or she does not have enough income for alimony or support</p></li>\n<li><p>A picture or video of a spouse on a cruise, even as he or she is trying to argue that he or she is working as hard as possible, but still can\'t afford alimony or child support</p></li>\n<li><p>A picture of video of a spouse doing something illegal (or which may be legal but not beneficial to having children around) such as excessive drinking, fighting, or recreational drug usage</p></li>\n<li><p>A picture of a spouse partying while also saying in court that he or she is the one who spends nights with the child helping with homework</p></li>\n</ul>\n\n<h2>Your Online Image Could Define You</h2>\n\nRemember that a picture or quick video may not convey a great or even an accurate image of you (for example, partying one night does not make you an irresponsible parent). Still, to a judge that has limited time and must get to know who you are very quickly, a picture or video can be very persuasive.\n\nMany people even try to create a different image of themselves online than they do in real life. Still, many don\'t give much thought to how that online image translates to a judge that is determining things like alimony or child custody.\n\n<h2>Social Media Evidence is Common</h2>\n\nAccording to one study, over 80% of attorneys find something on social media that can be used to help their clients\' cases. Sixty-six percent of people surveyed said that Facebook information was a main source of evidence in their case.\n\nIn some cases, online evidence can be inadmissible, such as if it was procured by fraud--for example, hacking, or one spouse pretending to be someone else online so that he or she can be \"friends\" with the other just to access the other spouse\'s pictures. However, many couples share passwords, and there is nothing illegal about one spouse using the password to obtain information to use against the other.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can help you with your family law problems and can make sure that you are doing everything you can to make your divorce case as strong as possible.\n\nResource:\n\nnatlawreview.com/article/family-law-social-media-evidence-divorce-cases\n\n<a href=\"/does-adultery-matter-in-a-divorce-case/\">https://www.megajustice.com/does-adultery-matter-in-a-divorce-case/</a>',	'Be Careful What You Post on Social Media',	'',	'publish',	'closed',	'closed',	'',	'be-careful-what-you-post-on-social-media',	'',	'',	'2019-04-05 03:00:46',	'2019-04-05 10:00:46',	'',	0,	'https://www.megajustice.com/?p=3139',	0,	'post',	'',	0),
(3141,	3,	'2019-03-14 03:00:46',	'2019-03-14 10:00:46',	'Let’s assume that you and your spouse are getting divorced, and you have already agreed on time sharing and even child support when it comes to your children. That’s great news; the less fighting there is, the better it is for your children. But many times when parties agree on the big picture, they often get bogged down in the smaller things that seem like details when drafting final settlement agreements.\n\n<h2>The Right of First Refusal</h2>\n\nOne of those details that is actually pretty important when it comes to making decisions about the children of the marriage is what is known as the right of first refusal.\n\nThere are times when a party has timesharing with the children when that party may need a babysitter. Maybe it’s because of a work engagement, maybe it’s a social event, or some sort of emergency, but for whatever reason, temporary child care (maybe just for a few hours) is needed.\n\nAs the name suggests, the right of first refusal is a provision in a marital settlement agreement or <a href=\"/tampa-family-lawyer/parenting-plans/\">parenting plan</a>, that says that if one party needs temporary, short term childcare, that the other parent will be contacted and given the opportunity to watch the children, before a third party like a babysitter is contacted. If the other parent cannot take the child, a babysitter, relative, or other third party can be used just as they normally would.\n\n<h2>Pros and Cons to First Refusals</h2>\n\nThe pros to this provision is that it could provide you with some extra unexpected time with your children, and there is no consequence if you are not in a position to watch the children for your ex spouse. It also may provide you with some security, if you have concern about your ex spouse’s selection of babysitters, or whoever they would leave the children to be with.\n\nThe negatives should be considered as well. First, the provision means you may be in contact with your ex more than you normally would—if you have a working relationship, that’s no problem, but if not, you may want to think about that.\n\nThe location of your ex spouse should be considered also. If he or she is not living close by, you may be obligating yourself to drive the children somewhere unless you and your ex are OK with he or she coming to your house to watch the children.\n\nThere is also a minor invasion of privacy—every time that you are on a date, or at a work function, or have a personal emergency, your ex is going to know about it.\n\n<h2>The Provision Must be Followed</h2>\n\nThe right of first refusal also places another legal obligation on you to make a good faith effort to contact your ex before finding a babysitter. If this extra step makes it too difficult or time consuming every time you need babysitting, you could be violating your marital settlement agreement.\n\nOur Tampa family law attorneys at The Pawlowski//Mastrilli Law Group can help you with your family law problems and answer your questions about child custody and timesharing.',	'What is the Right of First Refusal in a Parenting Plan?',	'',	'publish',	'closed',	'closed',	'',	'what-is-the-right-of-first-refusal-in-a-parenting-plan',	'',	'',	'2019-03-14 03:00:46',	'2019-03-14 10:00:46',	'',	0,	'https://www.megajustice.com/?p=3141',	0,	'post',	'',	0),
(3142,	3,	'2019-03-11 11:10:22',	'2019-03-11 18:10:22',	'',	'ParentPlan',	'',	'inherit',	'closed',	'closed',	'',	'parentplan',	'',	'',	'2019-03-11 11:10:22',	'2019-03-11 18:10:22',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/ParentPlan.jpg',	0,	'attachment',	'image/jpeg',	0),
(3144,	3,	'2019-03-15 03:00:49',	'2019-03-15 10:00:49',	'News about self-driving cars is seemingly everywhere. As the technology evolves, not only are companies selling cars starting to make cars autonomous, but even shared ride services like Uber and Lyft are starting to look into how these cars can make life easier (or more profitable).\n\nBut for every bit of news about a technological breakthrough when it comes to self-driving cars is news about accidents involving these vehicles. Certainly the technology is not ready for mass usage just yet, but these cars are not only creating technological issues, but moral and legal questions as well.\n\n<h2>Should Autonomous Cars Cause Car Accidents? </h2>\n\nOne such question is whether we want a self driving car to purposely cause an <a href=\"/tampa-car-accident-lawyer/\">accident</a>, or to purposely hit a pedestrian. This may sound like an odd question. But just as humans must make immediate moral and ethical decisions in emergencies behind the wheel, so must the computers that power autonomous cars.\n\nTake for example a self driving car that is going along its way on the road, when kids at play jump into the middle of the road. There is not enough time to safely apply the breaks. Just as a person would, the computer must make an instant decision whether to hit the kids, or whether to veer off the road, potentially injuring the car’s occupants, or people that may be on the adjacent sidewalk (or worse, at an outdoor café or other commercially populated area).\n\n<h2>The Right Decisions Are Not Always Clear</h2>\n\nThe answer may sound simple—the car should do whatever people would do, if the car was a normal one. Most people would say that the car should make a decision that protects or saves the most amount of people. However, when people are asked if they would actually buy a self driving car that is programmed in the event of an emergency to purposely crash the vehicle and possibly injure the occupants, most people say no.\n\nA car also can’t make judgments about avoidability. Legally, if a pedestrian is able to avoid an accident, but does not, the pedestrian is at least partially at fault for the accident if he or she is hit by a car. But an autonomous vehicle again cannot make judgments about whether a pedestrian could have or should have avoided an accident. The car may simply determine that the occupants inside the car will be safer and the pedestrian will be spared, if the car veers off the road.\n\nIf you are in a car accident, make sure you get legal help as soon as possible. Tampa injury law attorneys at The Pawlowski//Mastrilli Law Group can answer your questions and help you obtain damages for injuries sustained in a car accident.\n\nResources:\n\npopularmechanics.com/cars/a21492/the-self-driving-dilemma/\n\nnpr.org/2018/10/26/660775910/should-self-driving-cars-have-ethics',	'The Moral and Legal Ethics of Self-Driving Cars',	'',	'publish',	'closed',	'closed',	'',	'the-moral-and-legal-ethics-of-self-driving-cars',	'',	'',	'2019-03-15 03:00:49',	'2019-03-15 10:00:49',	'',	0,	'https://www.megajustice.com/?p=3144',	0,	'post',	'',	0),
(3145,	3,	'2019-03-11 11:13:23',	'2019-03-11 18:13:23',	'',	'Autopilot2',	'',	'inherit',	'closed',	'closed',	'',	'autopilot2',	'',	'',	'2019-03-11 11:13:23',	'2019-03-11 18:13:23',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/Autopilot2.jpg',	0,	'attachment',	'image/jpeg',	0),
(3169,	3,	'2019-03-19 08:58:11',	'2019-03-19 15:58:11',	'',	'CarAccClaim',	'',	'inherit',	'closed',	'closed',	'',	'caraccclaim',	'',	'',	'2019-03-19 08:58:11',	'2019-03-19 15:58:11',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/CarAccClaim.jpg',	0,	'attachment',	'image/jpeg',	0),
(3171,	3,	'2019-03-19 09:07:01',	'2019-03-19 16:07:01',	'',	'Family2',	'',	'inherit',	'closed',	'closed',	'',	'family2',	'',	'',	'2019-03-19 09:07:01',	'2019-03-19 16:07:01',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/Family2-e1553011649550.jpg',	0,	'attachment',	'image/jpeg',	0),
(3184,	3,	'2019-03-25 10:03:55',	'2019-03-25 17:03:55',	'',	'Div5',	'',	'inherit',	'closed',	'closed',	'',	'div5',	'',	'',	'2019-03-25 10:03:55',	'2019-03-25 17:03:55',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/Div5.jpg',	0,	'attachment',	'image/jpeg',	0),
(3186,	3,	'2019-03-25 10:06:59',	'2019-03-25 17:06:59',	'',	'Alimony_Rings',	'',	'inherit',	'closed',	'closed',	'',	'alimony_rings',	'',	'',	'2019-03-25 10:06:59',	'2019-03-25 17:06:59',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/03/Alimony_Rings.jpg',	0,	'attachment',	'image/jpeg',	0),
(3200,	3,	'2019-04-01 10:45:24',	'2019-04-01 17:45:24',	'',	'Paternity3',	'',	'inherit',	'closed',	'closed',	'',	'paternity3',	'',	'',	'2019-04-01 10:45:24',	'2019-04-01 17:45:24',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/Paternity3.jpg',	0,	'attachment',	'image/jpeg',	0),
(3202,	3,	'2019-04-01 10:49:25',	'2019-04-01 17:49:25',	'',	'SocialM',	'',	'inherit',	'closed',	'closed',	'',	'socialm',	'',	'',	'2019-04-01 10:49:25',	'2019-04-01 17:49:25',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/SocialM.jpg',	0,	'attachment',	'image/jpeg',	0),
(3225,	3,	'2019-04-11 09:39:15',	'2019-04-11 16:39:15',	'In a case that demonstrates the importance of paying court ordered child support - as well as the importance of complying with court orders to pay support - a 74-year-old mother has been awarded $150,000 in back owed child support, despite her divorce being finalized 50 years ago.\n\nThe divorce court had ordered the father to pay $160 monthly as child support. Shortly after the divorce, the husband and father of the marital child left the country to live in Canada. He sent a single child support check that bounced, but when the mother learned that he had returned to the country, she sought to be paid the child support for all the years he had been gone.\n\nThe woman says that she woke up in the middle of the night and realized that there was no limitation on her collection of support, dug up her court paperwork, and went to work collecting.\n\nAlthough the support payment was only $160 monthly, the amount ballooned to $150,000 because of time and interest on the judgment.\n\n<h2>Limitations on Back Child Support</h2>\n\nUnder Florida\'s child support laws, the woman\'s realization about there being no limit on the collection of child support would be only partially correct.\n\nIf a judgment is obtained that orders the payment of support, there is no time frame to collect on the judgment. Generally, even many years after the judgment is entered, a party entitled to receive support can ask the Court to enforce the order, and can obtain a judgment for back owed support.\n\nHowever, there is a 24-month limitation on collecting back support if there is no existing child support judgment. For example, assume that the husband moves out of the marital house, and the wife is the primary custodial parent for 5 years. If the parties then finally petition for divorce, only two years of support (prior to the petition for dissolution) could be awarded.\n\nThis problem often arises in paternity cases, where the parents are unmarried when the child was born. Mom may be raising the child. If she decides to petition for paternity and child support when the child is ten years old, only the previous 2 years of support will be awarded.\n\n<h2>Defenses to Full Payment</h2>\n\nWhether back child support is ordered for 24 months or 50 years, the paying parent will have a right to prove income (or lack thereof) during that time period. So, for example, if it has been 10 years since a child support judgment was entered, and mom decides to enforce the back owed support, dad can argue to a court that he was unemployed for 5 of those 10 years, and have his back child support adjusted accordingly.\n\nIn some cases, the non-paying parent would be able to get credit for voluntary payments made for the child’s benefit that were not ordered by the Court. For example, if a party voluntarily paid additional day care or health care expenses, the Court can take that into consideration when determining the amount of back owed child support.\n\nOur <a href=\"/tampa-family-lawyer/child-support/\">Tampa child support attorneys</a> at The Pawlowski//Mastrilli Law Group can help you with any child support payment, collection matters, or defenses that you may need to assert in court. Contact us today for more information.\n\nResource:\n\nyahoo.com/lifestyle/woman-74-wins-150000-child-support-50-years-divorce-201815938.html\n\n<a href=\"/can-parties-agree-to-waive-child-support/\">https://www.megajustice.com/can-parties-agree-to-waive-child-support/</a>',	'Father Ordered to Pay $150,000 in Child Support 50 Years After Divorce',	'',	'publish',	'closed',	'closed',	'',	'father-ordered-to-pay-150000-in-child-support-50-years-after-divorce',	'',	'',	'2019-04-11 09:39:15',	'2019-04-11 16:39:15',	'',	0,	'https://www.megajustice.com/?p=3225',	0,	'post',	'',	0),
(3226,	3,	'2019-04-11 09:39:07',	'2019-04-11 16:39:07',	'',	'CSupport8',	'',	'inherit',	'closed',	'closed',	'',	'csupport8',	'',	'',	'2019-04-11 09:39:07',	'2019-04-11 16:39:07',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/CSupport8.jpg',	0,	'attachment',	'image/jpeg',	0),
(3228,	3,	'2019-04-12 03:00:36',	'2019-04-12 10:00:36',	'A very pressing and very legitimate concern when someone gets divorced is how much the divorce will cost them. Studies have been done comparing the costs of divorce state by state, and there are things that you can do to try to minimize the financial burden of your divorce.\n\n<h2>The Cost of Divorce by State</h2>\n\nStudies that discuss the cost of a divorce usually compare the cost of getting the divorce itself. Filing fees, experts, and attorney\'s fees are usually what are considered. The costs involved in the division (or complete loss of) of marital assets, or loss of income from a spouse, is not considered.\n\nOne recent study found that the cheapest state to get a divorce is Montana, with an average cost of $8,400. The first and second most expensive states to get divorced were New York and California, both with average divorce costs exceeding $17,000.\n\nFlorida ranked 15th nationally, with an average cost of $13,500. Florida also has the 8th highest divorce rate, and the 15th highest average attorney\'s fee.\n\n<h2>Every Case is Different</h2>\n\nIt is important to remember that every divorce is different. A case where the parties have few assets may be quicker, and thus cheaper, than couples with millions of dollars in properties, businesses and investments to divide.\n\nThe relationship of the parties matters as well. Even a divorce with a lot of property and assets can be inexpensive if the parties agree and can get along to work out a settlement. Conversely, a divorce with only 1 or 2 issues in dispute can be very expensive, if there is strong disagreement between the parties and an unwillingness to compromise.\n\n<h2>Minimizing Your Expenses</h2>\n\nSpouses can minimize their expenses by trying to be reasonable in negotiations. Try to agree to anything that you can agree to, as early in the process as possible (without giving up any of your rights or \"caving in\" to the other side, of course). Money paid to a family law attorney for consultation about whether what your spouse is proposing is fair can save money down the line.\n\nProviding information and documentation when your attorney requests them can also help minimize costs. If your attorney needs information that you can obtain, such as school or employment records, it can help if you get those records and provide them.\n\nAgreeing to mediation early in the process can be helpful as well. Although the mediation itself may cost money, if a settlement is reached at mediation, you may be able to settle all pending issues saving time and money.\n\nRemember that if cost is a serious consideration, and you can’t find a way to minimize expenses, Florida law does allow a party to get temporary alimony or attorneys fees from the other side.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can help you with any child support payment, collection matters, or defenses that you may need to assert in court. Contact us today for more information.\n\nResource:\n\n247wallst.com/special-report/2017/11/10/most-expensive-states-to-get-divorced/11/\n\n<a href=\"/be-careful-what-you-post-on-social-media/\">https://www.megajustice.com/be-careful-what-you-post-on-social-media/</a>',	'Minimizing the Costs of Divorce',	'',	'publish',	'closed',	'closed',	'',	'minimizing-the-costs-of-divorce',	'',	'',	'2019-04-12 03:00:36',	'2019-04-12 10:00:36',	'',	0,	'https://www.megajustice.com/?p=3228',	0,	'post',	'',	0),
(3230,	3,	'2019-04-11 09:43:33',	'2019-04-11 16:43:33',	'',	'Div20',	'',	'inherit',	'closed',	'closed',	'',	'div20',	'',	'',	'2019-04-11 09:43:33',	'2019-04-11 16:43:33',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/Div20.jpg',	0,	'attachment',	'image/jpeg',	0),
(3232,	3,	'2019-04-18 03:00:01',	'2019-04-18 10:00:01',	'If you are in a car accident, a major focus of the insurance company for the other side (or the attorney for the defendant if you file a lawsuit) will not just be the scope and extent of your injuries, but also whether the car accident actually caused your injuries.\n\nYou may be quick to say that the accident surely caused your injuries, but a major argument against what you are saying are the existence of pre-existing conditions.\n\n<h2>What Are Pre-Existing Conditions? </h2>\n\nThroughout our lives, we naturally suffer injuries, ailments, or disease that may simply be a part of the aging process, or a consequence of being active or having a strenuous job. In some situations, victims may have been involved in previous car accidents or slip and falls, sometimes years ago.\n\nDefendants will try to argue that whatever pain you say is caused by the accident is actually caused by these conditions or accidents, which predated, and are unrelated to, the car accident.\n\nIn fact, in many cases, a defendant in a car accident will admit that they are at fault for causing the accident, but will furiously fight over pre-existing conditions.\n\n<h2>Jury Instructions</h2>\n\nLuckily, Florida has a standard jury instruction to deal with pre-existing conditions. The jury instruction requires that if jurors find that there is a pre-existing injury that aggravated a condition that already existed, the victim can recover damages.\n\nIf the jury can determine how much of the victim’s injuries are caused by the accident and how much are caused by whatever condition pre-existed the accident, they can only award as damages whatever is caused by this accident.\n\nHowever, if jurors can’t determine what pain, injury or ailment is caused by the prior condition and what is caused by this accident, they must assume that all of the victim’s injuries are caused by this accident, and award damages accordingly.\n\nThis instruction places the burden of showing that a victim’s pain or injuries is caused by a pre-existing condition on the defendant. Practically, in many cases, it will be very difficult to determine how much of an injury is caused by which accident.\n\n<h2>Defendants Often Do Not Understand the Instruction</h2>\n\nDespite this instruction, you will still find many insurance companies and lawyers for defendants treating a victim’s pre-existing injury or prior medical history as if it was an automatic disqualifier for damages.\n\nUnfortunately, many doctors do not understand the necessity of separating injuries that may have pre-existed, as opposed to those caused by an accident. Medical records can often be confusing, vague or ambiguous, and may incorrectly “mash up” injuries or conditions from the past and the present.\n\nYou should not tell your doctor what to say in records or how to treat you. However, in discussing your injuries to your doctor, you should be very clear about what symptoms you had before the accident, and why those symptoms are different now, after the accident.\n\n<a href=\"/tampa-car-accident-lawyer/\">Tampa car accident attorneys</a> at The Pawlowski//Mastrilli Law Group can answer your questions and help you obtain damages for injuries sustained in a car accident. Reach out to us today for help.\n\nResource:\n\nfloridabar.org/the-florida-bar-news/proposed-civil-jury-instructions-4/\n\n<a href=\"/florida-supreme-court-to-determine-pip-deductible-issue/\">https://www.megajustice.com/florida-supreme-court-to-determine-pip-deductible-issue/</a>',	'Dealing With Pre-Existing Injuries in Car Accidents',	'',	'publish',	'closed',	'closed',	'',	'dealing-with-pre-existing-injuries-in-car-accidents',	'',	'',	'2019-04-18 03:00:01',	'2019-04-18 10:00:01',	'',	0,	'https://www.megajustice.com/?p=3232',	0,	'post',	'',	0),
(3233,	3,	'2019-04-11 09:47:10',	'2019-04-11 16:47:10',	'',	'CarCrash3',	'',	'inherit',	'closed',	'closed',	'',	'carcrash3',	'',	'',	'2019-04-11 09:47:10',	'2019-04-11 16:47:10',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/CarCrash3.jpg',	0,	'attachment',	'image/jpeg',	0),
(3235,	3,	'2019-04-19 03:00:45',	'2019-04-19 10:00:45',	'Drug use can be a sensitive topic when it is brought up in the course of a divorce. For the purposes of this blog, we’ll discuss drugs as being illegal drugs, not prescription drugs, or even abuse of prescription medications.\n\nDrug use can have an impact on decisions that judges make in family law cases. However, in certain circumstances it may not be as much of an issue as it seems.\n\n<h2>Drugs and Custody</h2>\n\nEven though the law makes it illegal to use certain drugs, the reality is that there is a difference in family law cases (and sometimes in criminal law cases), between casual, recreational usage of a drug like marijuana, or the use of “harder” drugs like cocaine or heroin. The use of the latter is never good to have revealed in a custody dispute.\n\nOne area where drug usage is often made an issue is in custody disputes—spouses will often want the other spouse drug tested, confident that he or she is using drugs, and thus is not a fit parent. This assertion is both true and untrue.\n\nLegally, drug use by itself does not speak to fitness to have custody of or visitation over a child. When the child is exposed to drug usage by the parent, or when the drug usage affects an adult’s ability to parent, the usage becomes an issue.\n\nFor example, if a parent is chronically late taking the child to school, misses the child’s after school events because of the drug usage, and is doling out drugs to friends from the family garage then it is a valid issue in a custody case (and probably a criminal case as well).\n\nHowever, if the usage is hidden from the child and does not affect anything the parent does, it may not be such a relevant issue.\n\nHowever, drug usage can be the factor that tips otherwise even scales. For example, assume you have two fit, attentive, and good parents fighting for custody. To some judges, the fact that one parent may be a drug user (especially of the “harder” drugs) could be enough to tip the scales to the other parent.\n\nIf you are the using parent, you are also in the position of having to convince a judge that your usage is not in front of, or affecting the child. That can be an uncomfortable, defensive position to be in.\n\n<h2>Drugs and Alimony</h2>\n\nDrug usage will often have little relevance to alimony, except if the usage is affecting a parent’s ability to earn money, or it is draining marital funds.\n\nFor example, if a spouse is not working to full capacity because of drug usage, then it may be an issue in an alimony determination. If a spouse argues that the parties lived a frugal lifestyle, and thus the other spouse should not get a lot of alimony, the fact the parties were living frugally because money was being poured into purchasing drugs, can be raised.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can help you understand the issues that may come up in your divorce. Contact us today for more information.\n\n<a href=\"/does-adultery-matter-in-a-divorce-case/\">https://www.megajustice.com/does-adultery-matter-in-a-divorce-case/</a>',	'Is Drug Usage an Issue in Divorce Cases?',	'',	'publish',	'closed',	'closed',	'',	'is-drug-usage-an-issue-in-divorce-cases',	'',	'',	'2019-04-19 03:00:45',	'2019-04-19 10:00:45',	'',	0,	'https://www.megajustice.com/?p=3235',	0,	'post',	'',	0),
(3236,	3,	'2019-04-11 09:50:58',	'2019-04-11 16:50:58',	'',	'Div_alcohol',	'',	'inherit',	'closed',	'closed',	'',	'div_alcohol',	'',	'',	'2019-04-11 09:50:58',	'2019-04-11 16:50:58',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/Div_alcohol.jpg',	0,	'attachment',	'image/jpeg',	0),
(3238,	3,	'2019-04-23 09:49:19',	'2019-04-23 16:49:19',	'When people get divorced they often give little thought to what will happen if they, or their ex, file for bankruptcy in the future. Spouses in a divorce may take the position that they could care less if the other spouse filed for bankruptcy. Alternatively, a spouse may think that bankruptcy will save them from seemingly difficult alimony or child support obligations. Both positions are incorrect.\n\n<h2>Chapter 7 and Modifications</h2>\n\nAlthough Chapter 7 bankruptcy can discharge most of your debts and obligations, it will not discharge or excuse a child support or alimony obligation. It will also not discharge any back owed but unpaid support, or any support even related to the child that’s not technically child support (for example, the obligation to pay a child’s medical or school expenses).\n\nHowever, if your financial situation has significantly changed since your divorce, and you are seeking a modification of the amount of support that you have to pay, bankruptcy may help convince a judge (and possibly your ex spouse) that you really and truly are struggling financially.\n\nThe only issue that may complicate things in a divorce case is with respect to marital property. In some cases, you may need to ask a bankruptcy court for permission to have the family law court make determinations as to property, bank accounts, or anything of value that is at issue in your divorce.\n\nCertainly, bankruptcy shouldn’t be used as a tool to convince a family court judge to lower your payment obligations, and you should speak with a bankruptcy attorney before filing.\n\n<h2>The Automatic Stay</h2>\n\nBankruptcy court also has an “automatic stay,” which prevents creditors or courts from taking any property owned by the debtor (the one filing for bankruptcy). However, that stay does not apply to family law cases, and courts can continue making timesharing, alimony, or child support determinations even while the bankruptcy is going on.\n\nThe automatic stay also will not stop any payments you are ordered to make as temporary support, if your divorce is still going on.\n\n<h2>Some Alimony Can be Discharged</h2>\n\nAlimony can be of concern to support recipients because the bankruptcy code prohibits the discharge of alimony that is supportive. However, not all alimony is supportive. For example, some alimony is rehabilitative—intended to provide the receiving spouse more education or training so he or she can get back on their feet.\n\nThere are some cases that say that even though support may be labeled as alimony, if the alimony is not specifically for support, it can be discharged. This is why it is important to include the language necessary in any marital settlement agreement to make sure that your alimony payments are protected from the other spouse’s bankruptcy.\n\nOur <a href=\"/tampa-family-lawyer/child-support/\">Tampa child support attorneys</a> at The Pawlowski//Mastrilli Law Group can help you fight for alimony or child support, or fight against a support order that you are having trouble paying. Contact us today for more information.\n\nResource:\n\nuscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics\n\n<a href=\"/father-ordered-to-pay-150000-in-child-support-50-years-after-divorce/\">https://www.megajustice.com/father-ordered-to-pay-150000-in-child-support-50-years-after-divorce/</a>',	'How Will Bankruptcy Affect Child Support and Alimony?',	'',	'publish',	'closed',	'closed',	'',	'how-will-bankruptcy-affect-child-support-and-alimony',	'',	'',	'2019-04-23 09:49:19',	'2019-04-23 16:49:19',	'',	0,	'https://www.megajustice.com/?p=3238',	0,	'post',	'',	0),
(3240,	3,	'2019-04-24 03:00:44',	'2019-04-24 10:00:44',	'Most people know what a divorce is, and may have heard of an annulment. But you may not know what an annulment is, what its legal effects are, or when it comes into play. Although an annulment is rare, annulments are still ordered in the right circumstances.\n\n<h2>Annulments and Divorces</h2>\n\nA divorce is a dissolving of a marriage. Thus, a divorce admits that there was and there exists a legally binding marriage that must now be broken. An annulment is an action that asks the court to find that there never was a legally valid or binding marriage in the first place. It is as if the marriage was void from the start and never happened. Unlike with divorce, there are no statutes that specifically address annulment.\n\nBecause an annulment is a finding that there was never a legally binding marriage, many of the issues in a traditional divorce are not present in an annulment. For example, alimony is almost never granted in an annulment. Division of property will often not be ordered in an annulment, although in certain situations a judge can still do what is equitable to the parties to restore them to the state they were in pre-marriage.\n\nIf one spouse files for annulment, the other party can counter petition for divorce. In that case, if there aren’t sufficient grounds for an annulment, the court can go forward with a traditional divorce, including awarding alimony and property to the parties.\n\n<h2>When Are Annulments Granted? </h2>\n\nA marriage can be found void, and thus annulled, in certain situations. Usually, annulments occur where, for some legal reason, the parties did not have the legal ability or capacity to be married.\n\nFor example, annulments may be granted where one party was already married to someone else (or never obtained a proper legal divorce from a former spouse) at the time of their marriage.\n\nOther reasons can be where parties are not legally able to marry, such as when one or both parties are minors, where the parties are related, or where one party did not have the capacity due to illness, age, or disease, to meaningfully consent to the marriage.\n\nIn limited cases, fraud, duress, or deception as to an essential aspect of the marriage can lead to an annulment. What kind of fraud is enough to get an annulment is up to the judge. Not every lie that is told between partners will be sufficient to qualify for an annulment. If one party got married as a joke, an annulment will be granted.\n\n<h2>Child Support Is not Affected</h2>\n\nIt is important to remember that annulment will have nothing to do with child support, custody or visitation. Child support does not require any marriage at all, so long as the man is determined to have paternity over the child.\n\nOur <a href=\"/tampa-family-lawyer/annulment-divorce/\">Tampa annulment divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can help you understand all of your options if you are seeking a divorce. Contact us today for more information.',	'What is an Annulment?',	'',	'publish',	'closed',	'closed',	'',	'what-is-an-annulment',	'',	'',	'2019-04-24 03:00:44',	'2019-04-24 10:00:44',	'',	0,	'https://www.megajustice.com/?p=3240',	0,	'post',	'',	0),
(3242,	3,	'2019-05-02 03:00:57',	'2019-05-02 10:00:57',	'The decision whether or not to sign a <a href=\"/tampa-family-lawyer/prenuptial-post-marital-agreements/\">prenuptial agreement</a> is certainly a personal one, and while there are strong valid legal reasons for doing so, ultimately the choice is yours. However, if you do decide that signing a prenuptial agreement is a good idea for you, steps should be taken to make sure that your prenuptial agreement is valid and enforceable.\n\n<h2>Problems With Prenuptial Agreements</h2>\n\nMost problems with enforcing prenuptial agreements arise from how the agreement was signed, not what is in it. Procedure and timing are vital to avoid legal challenges to the agreement.\n\nOne major problem is timing. Parties should have sufficient time to review proposed agreements. There is no bright line test to determine how much time is enough or not enough for a party to reasonably consider and negotiate a prenup.\n\nDespite there being no absolute legal time limit, handing your soon-to-be spouse a prenup 4 days before your wedding is a recipe for disaster, as is handing it to them and demanding a response within a short period of time.\n\n<h2>Give Documentation</h2>\n\nProposed prenuptial agreements should be accompanied by financial statements--a Florida Financial Affidavit used in divorce proceedings should suffice. Any other information you provide, such as bank statements, can only help the agreement’s enforceability later on. Parties should be 100% truthful and accurate in the information provided in financial affidavits.\n\nThere is a narrow exception to this disclosure rule, when a soon-to-be spouse knows or should know about the other\'s finances, but that\'s not an exception you want to rely on.\n\nHiding information will not help, but rather, could hurt your case. A combination of an agreement being very partial to one party, and a lack of full disclosure, are often enough for a judge to find a prenup unenforceable.\n\n<h2>Fraud and Duress</h2>\n\nThere should be no fraud or duress in the process of reviewing and considering the agreement. Threats not to marry someone if he or she does not sign are not considered duress and will not invalidate a prenup. However, the more threats or pressure a party puts on the other to sign, the higher chance that a court may find undue pressure or duress.\n\nYou should do your best to try to make the agreement somewhat fair to both sides. Judges won\'t rewrite agreements or invalidate them just because one spouse is getting a better deal than the other. However, extraordinarily lopsided agreements (such as one that leaves one spouse penniless and the other with pretty much all of the marital assets), combined with duress, coercion, or other factors, could lead to a judge invalidating the agreement or amending it.\n\nYou may also want to consider getting separate attorneys to review proposed prenuptial agreements. When both spouses have the same attorney, there is no confidentiality between the spouses, not to mention the risk that the attorney will have a conflict of interest. Having the same attorney can also strengthen a party\'s claim that he or she was pressured or mislead into signing the agreement.\n\nOur Tampa prenuptial agreenent attorneys at The Pawlowski//Mastrilli Law Group can help you negotiate a prenuptial agreement, or help you enforce one. Contact us today for more information.\n\nResource:\n\nflcourts.org/content/download/403036/3456550/902b.pdf',	'How to Make Sure Your Prenuptial Agreement is Enforceable',	'',	'publish',	'closed',	'closed',	'',	'how-to-make-sure-your-prenuptial-agreement-is-enforceable',	'',	'',	'2019-05-02 03:00:57',	'2019-05-02 10:00:57',	'',	0,	'https://www.megajustice.com/?p=3242',	0,	'post',	'',	0),
(3244,	3,	'2019-05-03 03:00:27',	'2019-05-03 10:00:27',	'It may not surprise you that there are apps that you can use on your phones to help you manage your custody and visitation schedules with your ex. What may surprise you is that some judges are mandating that divorced couples use these apps in an attempt to reduce fighting and keep families out of court. However, while these apps can be helpful, many have tracking features that can make some users uncomfortable.\n\n<h2>What the Apps Do</h2>\n\nThese apps allow for divorced couples to communicate through the app to coordinate pickups and drop offs. Some offer additional features, such as expense trackers, which can be handy when the court orders one parent or the other to pay certain expenses connected with custody or visitation. There are even language filters, which use AI to “clean up” hostile or aggressive language sent from one parent to another, or to make users think twice before sending hostile messages to the other parent.\n\nDocuments important to your custody arrangement can be uploaded for easy access. Users can archive prior conversations with the other parent, and communicate with the other parent using “check ins,” which allow the one parent to know when the other has arrived somewhere without the ability to track the other parent’s whereabouts.\n\n<h2>Privacy Concerns</h2>\n\nA recent report highlights that these apps may have a downside to them, in that the data that they store is easily accessible to courts, and can be the subject of information subpoenas by the other parent in the event of an in-court dispute.\n\nIn fact, one app even has a special kit built into it, which will allow judges to order data directly from users’ phones that the app tracks. For example, if both parents have a dispute about whether one parent is chronically late dropping a child off to the other parent, the judge can access the app’s stored data, and find out immediately which parent was where and when.\n\nPrivacy experts are concerned that the app not only constitutes electronic monitoring by courts, but in cases when usage of the app is required, constitutes forced monitoring, something that it is doubtful family law courts would have the legal authority to do on their own.\n\nParents who have privacy concerns and refuse to use the app despite a judge’s orders, face contempt charges, or face losing custody or visitation time with children.\n\n<h2>Apps are Growing in Popularity</h2>\n\nAt least one app says that it has 5,000 subscribers, who pay a monthly fee (the judge may order which party is responsible for paying the subscription fee). Judges are using the app—it is estimated that about 70% of the app’s usage, comes from being ordered by courts (although that does not mean that 70% of courts are monitoring the data the app collects).\n\nOur <a href=\"/tampa-family-lawyer/child-custody/\">Tampa child custody attorneys</a> at The Pawlowski//Mastrilli Law Group can help you handle custody, timesharing and visitation problems that may arise. Contact us today for more information.\n\nResources:\n\nmashable.com/article/coparenter-app-court-mandate-privacy-concerns/#JekqH7uPiuqV\n\ncoparenter.com/features/documentation/\n\n<a href=\"/can-a-minor-testify-in-a-custody-dispute/\">https://www.megajustice.com/can-a-minor-testify-in-a-custody-dispute/</a>',	'Timesharing Apps Cause Concern as More Judges Start Requiring Their Usage',	'',	'publish',	'closed',	'closed',	'',	'timesharing-apps-cause-concern-as-more-judges-start-requiring-their-usage',	'',	'',	'2019-05-03 03:00:27',	'2019-05-03 10:00:27',	'',	0,	'https://www.megajustice.com/?p=3244',	0,	'post',	'',	0),
(3263,	3,	'2019-04-23 09:49:12',	'2019-04-23 16:49:12',	'',	'CSupport9',	'',	'inherit',	'closed',	'closed',	'',	'csupport9',	'',	'',	'2019-04-23 09:49:12',	'2019-04-23 16:49:12',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/CSupport9.jpg',	0,	'attachment',	'image/jpeg',	0),
(3265,	3,	'2019-04-23 09:51:55',	'2019-04-23 16:51:55',	'',	'Annulment',	'',	'inherit',	'closed',	'closed',	'',	'annulment',	'',	'',	'2019-04-23 09:51:55',	'2019-04-23 16:51:55',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/Annulment.jpg',	0,	'attachment',	'image/jpeg',	0),
(3271,	1,	'2019-04-24 09:35:52',	'2019-04-24 16:35:52',	'<h1>Kimberly A. Burchins, ESQ.</h1>\r\n<h3>Managing Partner</h3>\r\n[headshot url=\"/wp-content/uploads/2019/09/kimberly-a-burchins-1.jpg\" description=\"Kimberly A. Burchins, Esq.\"]\r\n\r\n<b>Email:</b> kim@megajustice.com\r\n<h2>BIOGRAPHY</h2>\r\nI learned this at a very young age. Growing up with a disabled Vietnam Veteran as a father, I learned first-hand how individuals suffer when stricken with injury, adversity and financial difficulties. Due to Agent Orange in Vietnam, my father suffered for as long as I can remember, enduring the physical and mental repercussions the war and toxic poison inflicted upon him and our family. Along with my father’s mental and physical suffering, my family experienced extreme financial hardships at times with no one to fight for us and through no fault of our own. These life lessons created a compelling need within to help those that are injured, mentally, physically and financially, through the wrongdoing of others. I remember feeling lost, confused and helpless during those times. I vowed to myself, that I would choose a path in life that enabled me to help others feeling that way. I consider it a privilege and an honor to be the voice for those who cannot without me, be heard.\r\n<blockquote>“As long as poverty, injustice and gross inequality, persist in our world, none of us can truly rest.”</blockquote>\r\n-Nelson Mandela\r\n\r\nKimberly A. Burchins, ESQ. has over 20 years experience in the areas of personal injury, auto accidents and injuries and workers’ compensation as a case manager. A native of Long Island, New York, Ms. Burchins graduated from the University of South Florida with a Bachelor of Arts in Business Management. Prior to joining the firm as an associate, Ms. Burchins acted as a senior case manager and law firm administrator. While working full-time, Ms. Burchins also attended law school and earned her Juris Doctorate. Ms. Burchins is admitted to practice in all Florida State courts.\r\n<h2>Education</h2>\r\n<ul>\r\n 	<li>University of South Florida, B.A.</li>\r\n 	<li>Barry University, Dwayne O. Andreas School of Law, J.D.</li>\r\n</ul>\r\n<h2>Admissions</h2>\r\n<ul>\r\n 	<li>2019, Florida</li>\r\n</ul>\r\n<h2>Membership</h2>\r\n<ul>\r\n 	<li>The Florida Bar</li>\r\n 	<li>Young Lawyers Division</li>\r\n<li>Hillsborough County Bar Association - Member</li>\r\n</ul>\r\n<h2>Practice Areas</h2>\r\n<ul>\r\n 	<li>Personal Injury</li>\r\n 	<li>Automobile Accidents</li>\r\n</ul>',	'Kimberly A. Burchins, ESQ.',	'',	'publish',	'closed',	'closed',	'',	'kimberly-burchins',	'',	'',	'2023-06-08 10:29:16',	'2023-06-08 17:29:16',	'',	30,	'https://www.megajustice.com/?page_id=3271',	2,	'page',	'',	0),
(3284,	3,	'2019-04-29 08:44:24',	'2019-04-29 15:44:24',	'',	'Prenup8',	'',	'inherit',	'closed',	'closed',	'',	'prenup8',	'',	'',	'2019-04-29 08:44:24',	'2019-04-29 15:44:24',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/Prenup8.jpg',	0,	'attachment',	'image/jpeg',	0),
(3286,	3,	'2019-04-29 08:47:59',	'2019-04-29 15:47:59',	'',	'Custody4',	'',	'inherit',	'closed',	'closed',	'',	'custody4',	'',	'',	'2019-04-29 08:47:59',	'2019-04-29 15:47:59',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/04/Custody4.jpg',	0,	'attachment',	'image/jpeg',	0),
(3300,	3,	'2019-05-16 03:00:59',	'2019-05-16 10:00:59',	'Children under the age of 18 are generally not considered legally competent to make their own decisions. Although we do take their interests into account when making custody and time sharing decisions, their wishes when it comes to these matters do not determine, by themselves, what is in their best interests.\n\n<h2>When a Child Does Not Want to be With One Parent</h2>\n\nOften, divorced parents will find that a child will want to be with one parent or another or will fight being delivered to a parent for visitation or timesharing. This will often depend on which parent is giving in to the child, letting the child stay up later, letting the child eat dessert, and other things that are very important to children (but not so great when it comes to parenting).\n\nOnce a visitation and time sharing schedule is determined, it is not up to the child whether or not he or she wants to follow it. The child must go wherever the schedule dictates that he or she must be (assuming, of course, that there is nothing harmful going on with one parent that keeps the child from wanting to go there such as abuse, which is a different topic).\n\nParents that \"give in\" to the child and refuse to drop off a child to the other parent because of the child\'s wishes, are in violation of the time sharing agreement between the parties. In other words, \"the child didn\'t want to go\" is not a valid excuse for ignoring a time sharing schedule.\n\n<h2>Teenagers and Kids Who Drive</h2>\n\nThis scenario can be especially different with teenagers and older kids. Many may even drive themselves, and thus, may be able to evade a parent from getting the child to the other parent for visitation.\n\nParents need to do whatever they can to try to make sure even older kids get to the other parent. This may include taking away privileges, including the privilege of driving. The fact that a child may be old enough to make his or her own decisions is not an excuse for a parent to ignore a time sharing schedule.\n\nOf course, it helps to try to see why the child does not want to go to the other parent\'s house. Selfish reasons (for example, the other parent lives too far from the teenager’s boyfriend or girlfriend) should generally be ignored. Valid reasons (such as the other parent won\'t take the child to an after school activity or the household does not provide the teenager privacy) should be given more serious attention.\n\nParents should do their best to work with the other parent to fix issues the children are having as opposed to blaming the other parent. Not only is this smart parenting advice, but if there is a dispute that ends up in court later on, you want to make sure your communications appear civil and rational.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family lawyers</a> at The Pawlowski//Mastrilli Law Group can help you with your questions or concerns about visitation, custody and timesharing. Contact us today for more information.\n\nResource:\n\nflcourts.org/content/download/403367/3458536/995a.pdf\n\n<a href=\"/the-benefit-of-taking-on-additional-marital-debt/\">https://www.megajustice.com/the-benefit-of-taking-on-additional-marital-debt/</a>',	'What Happens When Children Don’t Want to Follow a Time-Sharing Agreement?',	'',	'publish',	'closed',	'closed',	'',	'what-happens-when-children-dont-want-to-follow-a-time-sharing-agreement',	'',	'',	'2019-05-16 03:00:59',	'2019-05-16 10:00:59',	'',	0,	'https://www.megajustice.com/?p=3300',	0,	'post',	'',	0),
(3302,	3,	'2019-05-17 03:00:29',	'2019-05-17 10:00:29',	'When a parent takes child out of state without the consent of the other party, or in violation of an existing court order or marital settlement agreement, it is always a concerning situation. Aside from being illegal, and demonstrating a lack of respect for the law or the agreement of the parties, the parent “left behind” (the parent that is where he or she is supposed to be) may have serious concern for the health safety and welfare of the child.\n\nThere are certainly terrible stories of a parent taking a child out of state without consent (that is also considered kidnapping). However, the fear and concern of the parent without the child is rightfully magnified when the child is taken out of the country without the knowledge or consent of the court or the other parent.\n\n<h2>The Hague Convention</h2>\n\nThe United States is a member of the Hague Convention. The Hague convention is a treaty whereby participating countries agree to work together to return children abducted from their home country. The Hague Convention treaty therefore can help parents who have children illegally removed by the other parent to a foreign country—but only if the country where the child is believed to be is also a member of the Hague Convention treaty.\n\nThe country where the child has been brought to is supposed to return the child to the custodial parent in the “home country.” However, the Hague Convention does have a number of requirements to meet this burden.\n\n<h2>Rights are Different Than in the U.S.</h2>\n\nThe parent left behind cannot have consented to or accepted that the child would be relocated to the foreign country. That is similar to the laws here in the U.S.\n\nHowever, the Hague Convention also allows foreign courts to consider whether the child objects, if the child is mature enough. The child also must be age 16 or under. This is a stark difference from United States law, where the child’s preference or age would not be sufficient to override the requirements of a parenting plan, settlement agreement, or court order.\n\nIf a year has passed, and the child has, in the words of the Convention, “settled,” the child may be able to remain, even though under U.S. law, there is no bright line one year rule for returning a kidnapped child to another parent.\n\nYou will have to demonstrate that you, as the left-behind parent, were or would have been exercising your custodial rights. This could make it difficult for absent parents, or parents who do not routinely see their children, to seek the children’s return. This is also different than U.S. law, which would require that a child be returned regardless of the other parent’s excursive of his or her parental rights.\n\nCourts can also consider whether return of a child would subject the child to harm, or threaten the child’s human rights. In relationships where abuse is alleged, the left behind parent may be left to defend him or herself in a foreign court to obtain return of the child.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family lawyers</a> at The Pawlowski//Mastrilli Law Group can help you enforce any child custody or support orders or agreements. Contact us today for more information.\n\nResource:\n\ntravel.state.gov/content/travel/en/International-Parental-Child-Abduction/abductions/legain-info-for-parents/why-the-hague-convention-matters.html\n\n<a href=\"/what-happens-when-children-dont-want-to-follow-a-time-sharing-agreement/\">https://www.megajustice.com/what-happens-when-children-dont-want-to-follow-a-time-sharing-agreement/</a>',	'The Hague Convention Can Help Return a Child Illegally Taken Out of the Country',	'',	'publish',	'closed',	'closed',	'',	'the-hague-convention-can-help-return-a-child-illegally-taken-out-of-the-country',	'',	'',	'2019-05-17 03:00:29',	'2019-05-17 10:00:29',	'',	0,	'https://www.megajustice.com/?p=3302',	0,	'post',	'',	0),
(3304,	3,	'2019-05-23 03:00:39',	'2019-05-23 10:00:39',	'It can be very difficult to get rid of gender stereotypes or common notions of traditional gender roles and responsibilities. One area where stereotyping still tends to be commonplace is when it comes to paying alimony and child support. Many people still think of these obligations as a man’s obligation to pay, and many still believe that there is a presumption that women will have an advantage in asking to receive alimony or child support.\n\n<h2>Study Shows Women as Payors is On the Rise</h2>\n\nA recent study by the American Academy of Matrimonial Lawyers found that 54% of divorce attorneys found an increase in women who were ordered to pay child support and 45% saw an increase in the number of women ordered to pay alimony to an ex husband. A full 78% of attorneys cited an increase in the amount of couples who had shared custody over the children, dispelling the myth that women are more involved in children’s lives than men are.\n\nWith more and more women in the workplace, many women may be surprised that they can be ordered to pay alimony. It is estimated that in 4 of every 10 households the woman is the primary income earner.\n\nSimilarly, with more men accepting roles as stay at home fathers, it is commonly accepted that men are entitled to receive child support if they have the majority of time sharing with the child.\n\n<h2>No Legal Gender Presumptions </h2>\n\nThere is no legal presumption for a male or female to pay or receive support in Florida. In fact, the United States Supreme Court made any such presumption based on gender illegal in 1979.\n\nThere is a presumption for and against alimony depending on the length of the marriage. Usually marriages that last less than 7 years will be presumed not have an alimony award to either party. A marriage that lasted over 17 years will have a presumption in favor of alimony. Between 7-17 the judge can award alimony on “clear and convincing” evidence of the need for alimony payments.\n\n<h2>Support Factors</h2>\n\nIn deciding whether to award alimony, courts will look to the resources of both parties, as well as earning capacity. That can include evaluating the education and employability of both spouses (including considering the ability to take work if one spouse will be a primary residential parent).\n\nEach spouse’s age and physical condition are also factors, as is the standard that the parties lived when they were married (although there is no guarantee that couples will be able to continue to live in the same standard separately as they were when married).\n\nChild support also does not pay attention to gender. Rather, there is a simple formula that is based on the parties’ income, and the amount of time each party will have with the child.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family law attorneys</a> at The Pawlowski//Mastrilli Law Group can help you with your questions or concerns about alimony and child support. Contact us today for more information.\n\nResource:\n\naaml.org/about-the-academy/press/press-releases/big-increase-women-paying-alimony-and-child-support\n\n<a href=\"/the-hague-convention-can-help-return-a-child-illegally-taken-out-of-the-country/\">https://www.megajustice.com/the-hague-convention-can-help-return-a-child-illegally-taken-out-of-the-country/</a>',	'There Are No Gender Presumptions WIth Alimony or Child Support',	'',	'publish',	'closed',	'closed',	'',	'there-are-no-gender-presumptions-with-alimony-or-child-support',	'',	'',	'2019-05-23 03:00:39',	'2019-05-23 10:00:39',	'',	0,	'https://www.megajustice.com/?p=3304',	0,	'post',	'',	0),
(3306,	3,	'2019-05-24 03:00:30',	'2019-05-24 10:00:30',	'In a hotly contested divorce that concerns children, allegations of mental disorder can be quite common. Sometimes these allegations are just insults (he/she is “crazy,” or “out of control”), but other times the allegations can take a more material and serious tone (“he/she hits the wall when angry” or “he/she gets in fights with strangers”).\n\n<h2>Compelled Mental Examinations</h2>\n\nFlorida family law rules do allow a party to compel the other party to undergo a psychological examination in certain circumstances. First, a party’s mental status must have been put “in controversy.” This means that it needs to have been made a real issue in the case. Allegations of past behavior that may indicate a problem that would affect an issue in the case (such as child custody or visitation) must be present.\n\nAllegations that must be verified (sworn to under oath and under threat of perjury) must be made by the party requesting the other party undergo the examination. Those allegations must allege facts that would tend to show a mental problem or issue that is worthy of an examination and which would affect the other party’s ability to raise children.\n\nA party cannot require the other to undergo a psychological examination just to see if he/she is fit, normal, or sane. Just asking for custody does not make a party’s mental status an issue in the case that allows a mental examination to be performed.\n\n<h2>Allegations Must be Specific</h2>\n\nNot every allegation will meet the burden needed to require the other spouse to undergo an examination. Simply saying the children are scared of a parent, or don’t like being with the other parent are not enough. Saying a parent is not supportive or is not doing a proper job parenting is not enough (these allegations are relevant to custody and timesharing as a whole—they just aren’t enough to justify a compulsory mental examination of the other parent).\n\nIf a parent were to say he or she was contemplating killing herself, or perhaps had a medically documented serious mental illness, such as schizophrenia, that may be sufficient to warrant a medical examination. Threats of or actual or threatened violence may also be enough.\n\nEven with these factors present, a party asking the other to undergo an evaluation must show that the examination is necessary. For example, if medical records of the other party show mental illness, or the other party has been institutionalized, there may be no need for an independent examination, as the evidence already provides support that a party has a mental illness.\n\n<h2>Requirements are Strenuous Out of Privacy Concerns</h2>\n\nThese requirements are strenuous out of recognition that a compelled mental examination is an intrusive process, and an invasion into one party’s privacy. Courts will not routinely order these examinations just because a party is asking for time sharing of minor children.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can help you litigate your contested custody case, and explain every step of the process to you. Call us with any questions you may have.\n\nResource:\n\n1dca.org/content/download/425439/4585215/file/172238_1282_12272018_12160907_i.pdf\n\n<a href=\"/is-drug-usage-an-issue-in-divorce-cases/\">https://www.megajustice.com/is-drug-usage-an-issue-in-divorce-cases/</a>',	'Compelling Your Spouse to Undergo a Mental Exam Requires Specific Showings',	'',	'publish',	'closed',	'closed',	'',	'compelling-your-spouse-to-undergo-a-mental-exam-requires-specific-showings',	'',	'',	'2019-05-24 03:00:30',	'2019-05-24 10:00:30',	'',	0,	'https://www.megajustice.com/?p=3306',	0,	'post',	'',	0),
(3308,	3,	'2019-05-30 03:00:19',	'2019-05-30 10:00:19',	'Pretend that you are driving on the highway. You see a man standing by a pickup truck on the side of the road. His truck has work materials in the truck bed. He is looking to the middle of the road. You look to see what it is that the man is looking at. You realize that he\'s looking at a large ladder. Before you can react, your car slams into that ladder, causing injury to you. After your accident, the man by the truck leaves.\n\nIs the man in the pickup truck on the side of the road liable for your injuries? The answer may be more complex than you think.\n\n<h2>Common Sense and Inferences</h2>\n\nAs a matter of common sense, you (and the jury in your injury trial) can assume that the ladder belonged to the man. He\'s standing there looking at it and his truck is full of work materials.\n\nHowever, you don\'t know for a 100% fact that the ladder belongs to him. All a jury can do is infer that the ladder was his, and was once in his truck. This is an inference because nobody actually ever saw the ladder in his truck (or fall out of it).\n\nIs the man negligent? A jury can infer that allowing a ladder to fall out of a truck bed into the middle of the road is negligent. However, nobody actually saw the ladder fall, and nobody knows how it fell out. The man in the truck could have been rear ended himself. The ties that secured the ladder could have been defective--in other words, the ladder could have fallen through no fault of the truck driver.\n\n<h2>Stacking Inferences</h2>\n\nThis is the difficulty with this case, which is based on a real legal case: In finding the driver negligent the jury is being asked to stack inferences. First, the jury must infer the ladder belonged to the man, and then infer that the man negligently allowed it to fall out.\n\nAlthough a jury can use circumstantial evidence (and common sense) to infer a fact, stacking inferences-- inferring something from an inferred fact--is not allowable. However, in some cases (often in cases where debris or an item is on a roadway), so long as the inferences are reasonable, a court will allow the inferences to be stacked.\n\n<h2>Inferences Found Reasonable </h2>\n\nIn this case, the court found that it was a reasonable inference that the ladder belonged to the man in the truck. Furthermore Florida law requires that trucks secure their loads. Although the ladder may have fallen because, for example, the ties that held it down were defective, it is still a jury\'s call as to what they feel is reasonable, and it was reasonable to believe that the man in the truck was liable by allowing the ladder to remain in the middle of the road.\n\nThe <a href=\"/tampa-personal-injury-lawyer/\">Tampa personal injury attorneys</a> at The Pawlowski//Mastrilli Law Group can answer your questions and help you obtain damages for injuries sustained in a car accident. Reach out to us today for questions and to get help.\n\nResource:\n\n1dca.org/content/download/421832/4557509/file/172237_1284_12102018_09442700_i.pdf',	'Inference Stacking is Allowed in Recent Injury Case',	'',	'publish',	'closed',	'closed',	'',	'inference-stacking-is-allowed-in-recent-injury-case',	'',	'',	'2019-05-30 03:00:19',	'2019-05-30 10:00:19',	'',	0,	'https://www.megajustice.com/?p=3308',	0,	'post',	'',	0),
(3310,	3,	'2019-05-31 03:00:08',	'2019-05-31 10:00:08',	'Few things will motivate people to pay support, or otherwise live up to their support obligations, like an order of contempt. A contempt order, as the name sounds, is a declaration that a party has acted contemptuously or in disregard of the order of a court. As an ultimate penalty for contempt, a party can be ordered to be put in jail until they comply with a court\'s order.\n\n<h2>Contempt is Not Always Available</h2>\n\nYou may think that anytime someone fails to do something a court orders, they can be punished and threatened with imprisonment. However, a court\'s ability to imprison someone who owes money to another party is tempered by the Florida constitution, which prohibits any citizen from being put in jail for the failure to pay money or because they owe a debt.\n\nOf course, between alimony, child support, requirements to liquidate property and pay the other spouse, a typical Florida marital settlement agreement or family law judgment is filled with obligations to pay money. Only some of these obligations are enforceable by using the court\'s contempt powers.\n\n<h2>Property Division vs. Support</h2>\n\nGenerally, division of property or equitable distribution cannot be enforced by a court\'s contempt powers. This is true even if the distribution is made in payments (for example, if a husband agrees to pay the wife 50% of the family business by making ongoing payments until the value of the 50% is reached).\n\nOnly support obligations such as child support or alimony can be enforced by contempt.\n\nSometimes the line between support and equitable distribution is not so clear. For example, in many cases a party may agree to pay the mortgage on the family home, instead of alimony, or to set off child support that is owed. A party may agree to provide the other party more than his or her share of the value of property, in return for not having to pay alimony. A party may agree to pay for a child\'s summer camp or other needs, in return for paying less ongoing monthly child support.\n\nThese items blur the line between purely dividing property and paying support. Unfortunately, when drafting marital settlement agreements, parties often do not specify what is and what is not support.\n\n<h2>Draft Documents Wisely</h2>\n\nIf contempt is still available, obligations will have to be enforced the same way any creditor collects from a debtor. This can be a lengthy (but still doable) process.\n\nIf you want to create an easier path for yourself to enforce a family law order, you want to make sure that division of property in a settlement agreement clearly says that they are being made as a part of, or instead of, the payment of support. This gives a court more leeway to enforce compliance by contempt.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family law attorneys</a> at The Pawlowski//Mastrilli Law Group can help you draft an enforceable marital settlement agreement or enforce the terms of a divorce agreement. Call us with any questions you may have.\n\nResource:\n\nflcourts.org/content/download/403205/3457564/960.pdf\n\n<a href=\"/there-are-no-gender-presumptions-with-alimony-or-child-support/\">https://www.megajustice.com/there-are-no-gender-presumptions-with-alimony-or-child-support/</a>',	'Not Every Family Law Obligation Can be Enforced by Contempt',	'',	'publish',	'closed',	'closed',	'',	'not-every-family-law-obligation-can-be-enforced-by-contempt',	'',	'',	'2019-05-31 03:00:08',	'2019-05-31 10:00:08',	'',	0,	'https://www.megajustice.com/?p=3310',	0,	'post',	'',	0),
(3312,	3,	'2019-05-09 03:00:07',	'2019-05-09 10:00:07',	'When talking about alimony most people discuss (or argue about) what the purpose of alimony will be. For example, whether alimony will be rehabilitative, or whether it will be permanent assistance to the payee (receiving) spouse. However, few people give thought to whether continued monthly alimony payments as opposed to a one time payment are a good idea or not.\n\n<h2>Lump Sum Alimony</h2>\n\nOne time or \"lump sum\" alimony can be a good idea and can save the receiving spouse a number of headaches down the road. Lump sum alimony is exactly what it sounds like: a one time payment of alimony. Although the sum is usually paid at one time, lump sum can be broken up into a few separate payments.\n\nLump sum alimony is best used when there is cash available to pay it. Couples that have larger savings accounts, items of value (like property) that can be quickly liquidated, or valuable property that can be used as collateral for the paying spouse to take out a loan are all good candidates for lump sum alimony.\n\n<h2>The Benefits of Lump Sum Alimony</h2>\n\nReceiving alimony as a lump sum will avoid a receiving spouse from having to worry about whether the paying spouse will be able to pay on an ongoing basis. It also avoids the risk of a paying spouse from going to court after a job loss or illness to argue that his or her alimony obligation should be reduced.\n\nThe receiving spouse does not have to worry about the paying spouse stopping payments, being late with payments, or having to chase down non-paying ex-spouses.\n\nIf you are the receiving spouse, it also avoids any request for a change in alimony on the basis of your income changing. Spouses receiving alimony may find that if they come into money, get a better paying job, or even if they find a new significant other who cohabitates with them (thus sharing expenses and bills), that the paying spouse requests that alimony payments be lowered or stopped. Paying lump sum at the start of a divorce avoids this problem.\n\nIf the lump sum alimony is significant enough and it is properly invested, the interest from the investments can still provide monthly revenue for the receiving spouse. A financial advisor should be consulted before agreeing to lump sum alimony to see what can expect to be earned on the interest from an anticipated lump sum settlement.\n\nThe paying spouse may also reap a benefit by paying less total than would be paid monthly, in return for making the lump sum payment relatively quickly.\n\n<h2>Parties Can Agree to Lump Sum Alimony</h2>\n\nThe law requires that judges make special findings before awarding lump sum alimony, including a finding that there is something special that requires an award of lump sum alimony, and that unusual circumstances exist that justify such an award.\n\nHowever, that does not prevent parties from voluntarily agreeing to lump sum alimony. Thus, it is something to consider before engaging in settlement negotiations or before going to mediation.\n\nOur <a href=\"/tampa-family-lawyer/alimony/\">Tampa alimony attorneys</a> at The Pawlowski//Mastrilli Law Group you\'re a quick study! can help you with your questions or concerns about paying or receiving alimony. Contact us today for more information.\n\nResource:\n\nfloridabar.org/the-florida-bar-journal/overview-of-florida-alimony/',	'The Benefits of Lump Sum Alimony',	'',	'publish',	'closed',	'closed',	'',	'the-benefits-of-lump-sum-alimony',	'',	'',	'2019-05-09 03:00:07',	'2019-05-09 10:00:07',	'',	0,	'https://www.megajustice.com/?p=3312',	0,	'post',	'',	0),
(3313,	3,	'2019-05-07 13:12:16',	'2019-05-07 20:12:16',	'',	'Alimony4',	'',	'inherit',	'closed',	'closed',	'',	'alimony4',	'',	'',	'2019-05-07 13:12:16',	'2019-05-07 20:12:16',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/Alimony4.jpg',	0,	'attachment',	'image/jpeg',	0),
(3315,	3,	'2019-05-10 03:00:09',	'2019-05-10 10:00:09',	'A large part of winning a personal injury trial is selecting the right jury. Poor jury selection can end up with a losing case, regardless of how good the witnesses or facts may be. Jurors are a panel of our peers, but they are human beings, and go into the jury selection process with their own sets of preconceived notions and beliefs.\n\n<h2>When Jurors Can be Challenged</h2>\n\nChallenges to jurors by attorneys for both sides can be based on a juror\'s background, but can also be based on something the juror says in the course of jury selection.\n\nFor example, if a victim was injured when a speeding police car hit and injured him, and a potential juror is married to a police officer, the victim may not want that juror on the jury panel. Certainly, that belief may be based on the preconceived notion that the juror will automatically side with police officers, but that is an opinion that a party is allowed to have.\n\nDuring questioning, jurors with seemingly innocuous backgrounds may say things that alert one of the parties that the juror may not be a good fit for the case. General questions should be asked of jurors by the parties. While exact questions about the case that will be presented cannot be asked, questions about a potential juror\'s opinions about lawsuits, certain professions, or general biases can be asked.\n\nOther biases may exist as well. For example, a juror may have some interest in the case\'s outcome.\n\n<h2>Peremptory Challenges</h2>\n\nIf a juror has something in his or her background or says something that raises concern with a party, the juror can be stricken from the jury panel. This is called being stricken \"for cause.\" Judges will rarely second guess or be involved with an attorney\'s decision to strike a juror for cause.\n\nAttorneys have the opinion of striking a juror for no cause at all. It may be based on a hunch, or a \"look\" that a juror gives, or the attorney\'s (or jury selection expert\'s) own feeling or hunch. These are called peremptory challenges. Each party gets three such challenges.\n\nPeremptory challenges cannot be used to strike jurors based on race or gender. To ensure this does not happen, when a juror is stricken with a peremptory challenge, the other side is allowed to ask why the juror was stricken. The striking party must give a reason that is not race or gender based.\n\n<h2>Jury Selection is an Art</h2>\n\nSelecting jurors is an imprecise science. In many cases, jurors who parties think will react one way, react a different way. In our example above, we may assume that the juror married to the police officer will be biased towards officers. However, that juror may have a strained relationship with his or her spouse, or may simply dislike his or her spouse\'s employer.\n\nThis is why juror selection experts--usually trained in psychology or body language--are used in higher value cases.\n\n<a href=\"/tampa-car-accident-lawyer/\">Tampa car accident attorneys</a> at The Pawlowski//Mastrilli Law Group can answer your questions and help you obtain damages for injuries sustained in a car accident. Reach out to us today for help.\n\nResource:\n\nfloridabar.org/the-florida-bar-journal/an-overview-of-current-law-impacting-jury-selection-in-civil-cases/\n\n<a href=\"/dealing-with-pre-existing-injuries-in-car-accidents/\">https://www.megajustice.com/dealing-with-pre-existing-injuries-in-car-accidents/</a>',	'The Art of Jury Selection',	'',	'publish',	'closed',	'closed',	'',	'the-art-of-jury-selection',	'',	'',	'2019-05-10 03:00:09',	'2019-05-10 10:00:09',	'',	0,	'https://www.megajustice.com/?p=3315',	0,	'post',	'',	0),
(3316,	3,	'2019-05-07 13:17:51',	'2019-05-07 20:17:51',	'',	'CarAcc5',	'',	'inherit',	'closed',	'closed',	'',	'caracc5',	'',	'',	'2019-05-07 13:17:51',	'2019-05-07 20:17:51',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/CarAcc5.jpg',	0,	'attachment',	'image/jpeg',	0),
(3327,	1,	'2019-05-10 09:53:33',	'2019-05-10 16:53:33',	'',	'Kimberly_Burchins',	'',	'inherit',	'closed',	'closed',	'',	'kimberly_burchins',	'',	'',	'2019-05-10 09:53:33',	'2019-05-10 16:53:33',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/Kimberly_Burchins.jpg',	0,	'attachment',	'image/jpeg',	0),
(3338,	3,	'2019-05-14 08:15:50',	'2019-05-14 15:15:50',	'',	'FatherDaughter',	'',	'inherit',	'closed',	'closed',	'',	'fatherdaughter',	'',	'',	'2019-05-14 08:15:50',	'2019-05-14 15:15:50',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/FatherDaughter.jpg',	0,	'attachment',	'image/jpeg',	0),
(3340,	3,	'2019-05-14 08:18:20',	'2019-05-14 15:18:20',	'',	'ChildMoving',	'',	'inherit',	'closed',	'closed',	'',	'childmoving',	'',	'',	'2019-05-14 08:18:20',	'2019-05-14 15:18:20',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/ChildMoving.jpg',	0,	'attachment',	'image/jpeg',	0),
(3350,	3,	'2019-05-20 09:13:05',	'2019-05-20 16:13:05',	'',	'CSupport5',	'',	'inherit',	'closed',	'closed',	'',	'csupport5-2',	'',	'',	'2019-05-20 09:13:05',	'2019-05-20 16:13:05',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/CSupport5.jpg',	0,	'attachment',	'image/jpeg',	0),
(3352,	3,	'2019-05-20 09:18:43',	'2019-05-20 16:18:43',	'',	'Depressed',	'',	'inherit',	'closed',	'closed',	'',	'depressed',	'',	'',	'2019-05-20 09:18:43',	'2019-05-20 16:18:43',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/Depressed.jpg',	0,	'attachment',	'image/jpeg',	0),
(3371,	3,	'2019-05-29 09:46:29',	'2019-05-29 16:46:29',	'',	'Accident5',	'',	'inherit',	'closed',	'closed',	'',	'accident5-2',	'',	'',	'2019-05-29 09:46:29',	'2019-05-29 16:46:29',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/Accident5.jpg',	0,	'attachment',	'image/jpeg',	0),
(3373,	3,	'2019-05-29 09:49:21',	'2019-05-29 16:49:21',	'',	'Div19',	'',	'inherit',	'closed',	'closed',	'',	'div19',	'',	'',	'2019-05-29 09:49:21',	'2019-05-29 16:49:21',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/05/Div19.jpg',	0,	'attachment',	'image/jpeg',	0),
(3383,	3,	'2019-06-06 03:00:48',	'2019-06-06 10:00:48',	'A while ago we wrote about states that were passing laws giving judges the power to make custody determinations when it comes to family pets. Recently, yet another court has made a custody determination as to a family pet.\n\n<h2>Court in Maine Gives Custody to Animal’s Mother</h2>\n\nThis time, it is a court in Maine that was called on to decide whether a family dog would reside with its (human) mother or father. However, unlike some states which specifically allow or require courts to make determinations as to what placement is in the best interest of the animal, the Maine court did not go as far as to use that legal standard.\n\nRather, the Maine court opted to do what so many other courts have done in animal custody cases: To treat the dog as property. In this case, the court simply looked at whose name was on the adoption papers (the boyfriend/dad) and awarded custody of the animal to him.\n\nThis is an important lesson: Although most things that we own do not have a title on them, courts will give deference to whose name property is titled in when it comes time to determine whether property is marital or nonmarital, and how it will be divided.\n\n<h2>Couple Fights Over Animal Custody</h2>\n\nThe girlfriend in the case says that the boyfriend is, in fact, an unfit father to the animal, citing to the fact that he kicked both of them out, leaving them homeless. Any father who did that to a human child would almost certainly be looked upon with scorn by a family court judge.\n\nAlso unlike some human custody cases, neither the boyfriend nor the girlfriend wanted any contact with each other, leaving the court without the option of shared custody or visitation. In custody cases involving human children, even parents who have no desire to interact will often need to do so in order to facilitate visitation (and the fact that a parent may not want to interact with the other parent in a custody case would be a strike against them in the eyes of a family court judge).\n\n<h2>Laws Regarding Pet Custody</h2>\n\nOnly Alaska, Illinois and California have laws addressing custody of pets in divorce cases. In the other 47 states, judges can still make animal custody determinations, but they don’t have to; they can opt to treat them as property.\n\nEven in the states with pet custody laws, there may have been little avenue for a court to make a custody determination, because the dog’s “parents” were unmarried. There are no states that currently require or even allow courts to treat animals as people when there is no dissolution of marriage needed.\n\nOne judge in the Maine case pondered in the written decision whether such a case is something the court should actually be spending time on. To those who see animals as part of the family, that answer would certainly be “yes.”\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family law attorneys</a> at The Pawlowski//Mastrilli Law Group can explain every step of the custody process to you. Call us with any questions you may have.\n\nResource:\n\nnypost.com/2019/05/29/woman-loses-custody-battle-for-exs-dog-still-vows-to-bring-honey-home/\n\n<a href=\"/not-every-family-law-obligation-can-be-enforced-by-contempt/\">https://www.megajustice.com/not-every-family-law-obligation-can-be-enforced-by-contempt/</a>',	'Maine Court Makes Pet Custody Determination',	'',	'publish',	'closed',	'closed',	'',	'maine-court-makes-pet-custody-determination',	'',	'',	'2019-06-06 03:00:48',	'2019-06-06 10:00:48',	'',	0,	'https://www.megajustice.com/?p=3383',	0,	'post',	'',	0),
(3384,	3,	'2019-06-03 08:38:33',	'2019-06-03 15:38:33',	'',	'PetCustody',	'',	'inherit',	'closed',	'closed',	'',	'petcustody-2',	'',	'',	'2019-06-03 08:38:33',	'2019-06-03 15:38:33',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/PetCustody.jpg',	0,	'attachment',	'image/jpeg',	0),
(3386,	3,	'2019-06-07 03:00:08',	'2019-06-07 10:00:08',	'In Florida, we have a very liberal and relaxed standard for being allowed to divorce. There is no waiting period, and couples do not need to spend any time separated before asking for a divorce. In fact, Florida does not even recognize legal separation. However, not all states or countries allow this.\n\n<h2>Ireland Voters Want Waiting Period Reduced</h2>\n\nThe country of Ireland is seeking to change its divorce laws, to deal with the question of how long a couple should have to remain separated, before being allowed to divorce. Previously, the law required that a couple spend 4 of the previous 5 years living separately from their spouse before being allowed to even ask the court for a divorce. Even those in abusive relationships were not excused from the waiting period.\n\nEighty-two percent of Irish voters in a recent referendum voted for a change in the law. Many residents found the law made it difficult to move on with their lives. Extended separations can also be difficult on children, who may be forced to live with divorced parents who aren’t actually legally divorced. Already strained relationships between soon-to-be ex spouses can be made worse with the required extended separation period.\n\nWe take for granted the ability to divorce, but many countries, including Ireland, have only recently agreed that it is a fact of life. Ireland only received the right to divorce in 1995 (although it did legalize same sex marriage in 2015).\n\n<h2>Waiting Periods for U.S. States Varies</h2>\n\nMany states in America have these “cooling off periods.” Some require that parties live separately before filing the divorce, others require that a certain time period elapse from the date the divorce is filed to the date that it is finalized. Waiting time periods in some U.S. states can be as long as 6 months. The purpose of these waiting periods is to allow the parties time to reflect on whether or not they really do want to get divorced.\n\nSome states only require the parties wait out the time period, while others require that they live separately and not engage in sexual relations during the waiting period. The waiting periods can be longer when there are children of the marriage.\n\n<h2>Court Cases Take Time</h2>\n\nOf course, even in states with no waiting period, such as Florida, there is a built in waiting period: The time it takes your divorce to go through the court.\n\nEven if the parties agree with absolutely everything, the time needed to prepare documents, file them, serve the other party with divorce paperwork, and get a hearing date in front of a judge, can range between 60-90 days. Add in even one or two minor issues that need to be resolved, and perhaps a mediation to resolve those issues, and the time becomes even longer—though still shorter than cases where more or major issues are contested by the parties.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group understand the need to get through your divorce and to get on with your life. Call us with any questions you may have.\n\nResource:\n\ncnn.com/2019/05/26/europe/ireland-divorce-referendum-scli-intl/index.html\n\n<a href=\"/compelling-your-spouse-to-undergo-a-mental-exam-requires-specific-showings/\">https://www.megajustice.com/compelling-your-spouse-to-undergo-a-mental-exam-requires-specific-showings/</a>',	'Ireland Looks to Reduce Divorce Waiting Period',	'',	'publish',	'closed',	'closed',	'',	'ireland-looks-to-reduce-divorce-waiting-period',	'',	'',	'2019-06-07 03:00:08',	'2019-06-07 10:00:08',	'',	0,	'https://www.megajustice.com/?p=3386',	0,	'post',	'',	0),
(3387,	3,	'2019-06-03 08:42:52',	'2019-06-03 15:42:52',	'',	'DivWords',	'',	'inherit',	'closed',	'closed',	'',	'divwords',	'',	'',	'2019-06-03 08:42:52',	'2019-06-03 15:42:52',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/DivWords.jpg',	0,	'attachment',	'image/jpeg',	0),
(3389,	3,	'2019-06-13 03:00:38',	'2019-06-13 10:00:38',	'Unlike child support, which is determined by a formula and where need is not a factor that is considered when making decisions about who pays what, in alimony situations, need and ability to pay are the two most significant factors that a court will consider. Of course, spouses in a divorce are usually left arguing over who has need, how much is needed, and whether there is any ability by the paying spouse to actually make payments.\n\n<h2>Case Applies Alimony Factors </h2>\n\nA recent case provides some insight on how courts will determine need and ability to pay. In the case, the parties were divorcing after 36 years of marriage. The appellee was requesting permanent alimony in the amount of $1,000 per month. Her financial affidavit, which listed her income and liabilities, showed a monthly deficit of about $500 per month, although she was currently making $1,900 monthly. The court also noted that she was in poor physical condition.\n\nThe husband\'s affidavit showed he made more money, but not a lot more--only about $3,000 per month, but he also showed a monthly deficit after subtracting his bills of about $3,000. The parties\' home was in foreclosure, and the husband was working multiple jobs, many paying at or about minimum wage, to make ends meet.\n\nAfter subtracting out some expenses that were not actually being paid by the husband (such as the mortgage), the court ordered the husband to pay about $1,250 in monthly alimony, and the husband appealed.\n\n<h2>Alimony Award Affirmed but Lowered</h2>\n\nThe appellate court found that the alimony award was justified, as 36 years was long enough to warrant an alimony award, and that there was a need by the wife and the husband had an ability to pay. However, the court lowered the award from the $1,250 down to $1,000, because that\'s the amount that was asked for in the original petition by the Wife.\n\nThe court said that parties have a right to rely on what is asked for in the documents that the other party files. If a party asks for $1,000 in alimony, the paying party can anticipate that his biggest payment will be $1,000.\n\nOf course, a party can always ask to amend a petition to raise the requested amount (and the court may even accept a request to amend orally, at the final hearing, for parties that represent themselves) but such a request was not made by the wife in this case.\n\nThere was also no demonstrated need for the additional alimony, as the court found the wife had begun earning more money, and had reduced expenses.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family attorneys</a> at The Pawlowski//Mastrilli Law Group can explain every step of the alimony process to you, and help you determine whether you are a candidate to pay or receive alimony. Call us with any questions you may have.\n\nResource:\n\n1dca.org/content/download/428742/4654686/file/171734_1284_02042019_03072669_i.pdf\n\n<a href=\"/maine-court-makes-pet-custody-determination/\">https://www.megajustice.com/maine-court-makes-pet-custody-determination/</a>',	'Parties Seeking More Alimony Than They First Request Must Make Proper Amendments',	'',	'publish',	'closed',	'closed',	'',	'parties-seeking-more-alimony-than-they-first-request-must-make-proper-amendments',	'',	'',	'2019-06-13 03:00:38',	'2019-06-13 10:00:38',	'',	0,	'https://www.megajustice.com/?p=3389',	0,	'post',	'',	0),
(3391,	3,	'2019-06-14 03:00:50',	'2019-06-14 10:00:50',	'Sadly in family law cases, parties will often go to any length to conceal or hide assets, in order to try to manipulate alimony, child support, or distribution of marital assets. For some, there is an art and a science to trying to make assets or money mysteriously disappear just as a divorce becomes imminent. However, Florida\'s equitable distribution laws do not make this as easy as it may sound.\n\n<h2>How Money or Assets May Try to be Dissipated</h2>\n\nLet\'s assume that a husband and a wife are on the verge of divorce. The husband has money in a bank account, that he knows will be divided by a court when the parties divorce. Obviously, just buying something with the money does little good to hide the money, because whatever is bought can be subject to being sold by a court in a divorce.\n\nSpouses often will try to sink money into a business to try to intermingle family money with business money (kind of like a money laundering scheme), but good forensic accounting can often discover this kind of thing, and doing so opens the company\'s books up for discovery and inspection.\n\nSome spouses will become suddenly very generous, opting to \"gift\" the money to friends and family, often with a tacit side agreement to return the money when the divorce is over.\n\n<h2>Proving Waste and Dissipation</h2>\n\nA spouse looking to show that the other spouse has purposely and intentionally hidden, gifted, or wasted marital assets in an effort to protect or hide those assets from being divided by a court, must first show that the actions were in fact hidden. That means that the other spouse cannot have agreed to spend or use the assets (such as if the parties agreed to spend money on a child\'s tuition, or spend money to go on a vacation).\n\nThe expenditure or depletion of assets must come at a time when it was clear that the marriage was undergoing an \"irreconcilable breakdown.\" This can create problems for some spouses. On the one hand, it may be easier to keep a party\'s intentions to file for divorce secret until the last minute. On the other hand, if the other spouse is in the dark about the pending divorce, any money spent, no matter how it is spent, will not be seen by a court as an intentional wasting of marital assets.\n\nThere also must be some kind of misconduct related to the depletion of assets. This usually means that the money is used for the benefit of only one spouse, and not for a purpose that benefits the marriage. The waste must be intentional; accidental loss of money, or good faith problems that cause money to be lost will not be considered misconduct.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can explain every step of the divorce process to you, and assist you in finding assets that may be hidden or wasted. Call us with any questions you may have.\n\nResource:\n\nleg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0061/Sections/0061.075.html\n\n<a href=\"/ireland-looks-to-reduce-divorce-waiting-period/\">https://www.megajustice.com/ireland-looks-to-reduce-divorce-waiting-period/</a>',	'How to Prove That a Spouse Purposely Wasted Marital Assets',	'',	'publish',	'closed',	'closed',	'',	'how-to-prove-that-a-spouse-purposely-wasted-marital-assets',	'',	'',	'2019-06-14 03:00:50',	'2019-06-14 10:00:50',	'',	0,	'https://www.megajustice.com/?p=3391',	0,	'post',	'',	0),
(3393,	3,	'2019-06-19 08:26:50',	'2019-06-19 15:26:50',	'As summer approaches, more and more people will be looking to engage in traditionally summer-related activities. One of those activities may be having fun in the open air environment of a motorcycle. Motorcycling is not just transportation, but a way of life for many people. However, those who do not respect the inherent dangers of riding motorcycles can find themselves seriously injured.\n\n<h2>The Use of Helmets</h2>\n\nThe use of helmets has been a controversial subject in Florida. In 2000, mandatory use of helmets was no longer required for any riders over the age of 21. However, that repeal led to an increase in the number of motorcycle deaths. Trying to address the issue, Florida law then required that cyclists take and pass a mandatory exam.\n\nRegardless of the law, it is always good practice to wear a helmet. In a motorcycle accident case, the failure to use a helmet can be used by the defense to show that a rider contributed to the severity of his or her injuries, regardless of whether using a helmet is legally required or not.\n\nRemember that helmets should fit the rider; one size is not protective for every size head.\n\n<h2>Inherent Dangers of Cycling</h2>\n\nMotorcycling can be dangerous, as shown by a 2013 study, which found that cyclists are about twice as likely to be involved in single vehicle accidents (accidents that are not caused by or which don’t involve another vehicle). In fact, when the study limited itself to very severe accidents or deaths, 50% of incidents involved the motorcyclist with no other vehicle involved.\n\nAlthough cyclists should worry about their own behaviors, they also should look out for other vehicles. The same 2013 study showed that when accidents involve cars and motorcycles, the cars are responsible for the accidents about 60% of the time.\n\nCar drivers may perceive motorcyclists as an “annoyance,” and be less fearful of running into them due to their smaller size. They also are harder to see, for car drivers that are distracted with phones and other systems inside the car.\n\n<h2>Other Protective Measures</h2>\n\nMotorcyclists should try to wear goggles to protect their eyes, as well as gloves, which can protect hands in the event a collision knocks a driver to the ground. Clothing that is baggy can entangle in a motorcycles’ exposed gears, and cause injury to riders. The same is true for untied shoelaces.\n\nThe law does require that motorcycles have daytime running lights, and, although not legally required, there are devices that can cause motorcycle headlights to dim intermittently, which may help other drivers see cyclists at night.\n\nCar drivers will usually say that a cyclist “jumped out in front of nowhere,” which means that cyclists may have to be extra cautious in observing speed limits and the rules of the road. Use common sense, and protective gear to stay safe.\n\nThe <a href=\"/tampa-personal-injury-lawyer/\">Tampa personal injury attorneys</a> at The Pawlowski//Mastrilli Law Group can answer your questions and help you obtain damages for injuries sustained in a motorcycle accident.\n\nResource:\n\narticles.sun-sentinel.com/2013-03-09/news/fl-finding-fault-in-motorcycle-crashes-20130309_1_motorcycle-crashes-chanyoung-lee-motorcycle-riders\n\n<a href=\"/inference-stacking-is-allowed-in-recent-injury-case/\">https://www.megajustice.com/inference-stacking-is-allowed-in-recent-injury-case/</a>',	'Use Common Sense to Stay Safe on Motorcycles',	'',	'publish',	'closed',	'closed',	'',	'use-common-sense-to-stay-safe-on-motorcycles',	'',	'',	'2019-06-19 08:26:50',	'2019-06-19 15:26:50',	'',	0,	'https://www.megajustice.com/?p=3393',	0,	'post',	'',	0),
(3395,	3,	'2019-06-20 03:00:13',	'2019-06-20 10:00:13',	'A judge and the courts in family law cases that involve minor children play a special role, unlike that which they play in any other type of case. The judge is not just the person who makes the ultimate decisions or decides disputed facts (assuming the parties don\'t settle), but the courts also play the role of parens patriae. This means that the court is the ultimate guardian of the interests of the minor child--even having higher authority than the parents of the child, in certain limited circumstances\n\nThis is why if two parties agreed to have no child support paid, the court would not allow that to happen. If parents decided the child would not have to go to school, the court would not allow that to happen. And, even if the parties enter into a marital settlement agreement and a parenting plan, the judge would have the authority to override that agreement, if it were not in the best interests of the child.\n\n<h2>Judge Orders Child to Undergo Treatment</h2>\n\nA good and recent example of the court\'s power can be seen in a new report about a judge in Florida who ordered that a minor child continue getting treatment for leukemia, even though the biological parents wanted to stop the treatments. The parents wanted the child to only undergo alternative medicine treatments.\n\nThe judge allowed the parents to provide the child with any alternative medicine treatments they wanted, but these treatments must be given alongside, and not instead of, the cancer treatments. The judge will review medical tests in the future, to evaluate further treatment needed by the child--a role that would normally be played by parents.\n\nThe parents in that case had lost custody of their child, making the case more of a dependency law matter, as opposed to pure family law. The court ordered the child live with a grandmother, to ensure that he continues his treatments.\n\n<h2>A Judge’s Broad Authority to Protect the Child</h2>\n\nCertainly, a court cannot just intervene in decisions made by parents that the court doesn\'t like or doesn\'t agree with. Decisions about what religion the child will be raised in, or medical care on a routine basis, or what school the child will go to, or the child\'s bedtime or curfew, will be the parents\' decision and only fall to the courts if the parents can\'t agree.\n\nHowever, the court can and will intervene in cases where children\'s health, safety and welfare are involved, even if it is against the express wishes of both parents.\n\nParents who have concern that a child\'s safety is at risk while in the care of the other parent should not hesitate to ask for court intervention, even if there is a prior order or a parenting plan that would seem to preclude a party from asking the court for help.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family lawyers</a> at The Pawlowski//Mastrilli Law Group can explain every step of the custody process to you. Call us with any questions you may have.\n\nResource:\n\ncnn.com/2019/05/09/health/florida-toddler-leukemia-chemotherapy-order/index.html\n\n<a href=\"/parties-seeking-more-alimony-than-they-first-request-must-make-proper-amendments/\">https://www.megajustice.com/parties-seeking-more-alimony-than-they-first-request-must-make-proper-amendments/</a>',	'The Court’s Role in Protecting Children is Broad',	'',	'publish',	'closed',	'closed',	'',	'the-courts-role-in-protecting-children-is-broad',	'',	'',	'2019-06-20 03:00:13',	'2019-06-20 10:00:13',	'',	0,	'https://www.megajustice.com/?p=3395',	0,	'post',	'',	0),
(3397,	3,	'2019-06-25 08:26:11',	'2019-06-25 15:26:11',	'In many cases, a parent may believe that there are grounds to argue that the other parent should have no contact with the child or children, and in severe cases, a parent may want the other\'s parental rights completely terminated.\n\n<h2>Termination of Parental Rights</h2>\n\nTermination of parental rights cannot be granted in a divorce, or even by a divorce court. There is no such thing as asking for parental rights to be terminated. Even a parent who may voluntarily want to terminate his or her rights (in order to stop child support payments, or perhaps in a desire to cease fighting with the other spouse) cannot receive such relief from a family law court (absent a simultaneous adoption procedure by another parent).\n\n<h2>Parenting Plans</h2>\n\nThere are ways that a family court can provide effects similar to termination of rights. For example, a parenting plan must be filled out by the parties during the divorce. That parenting plan can give 100% of the obligations, time sharing and decision making to one party (although that won\'t terminate the other parent’s child support payments).\n\nOf course, agreeing to a parenting plan that cuts off so many rights is one thing. Getting a judge to grant it in a contested divorce if the other parent/spouse disagrees is very different. Most judges will not grant such a lopsided agreement absent some very compelling reason, as a court\'s job is to foster a child\'s healthy and continuing relationship with both parents.\n\n<h2>Limiting Timesharing</h2>\n\nDecision making is different than timesharing. That means that if a court says that one parent will have sole decision making or a parenting plan allows one parent to make all decisions for a child, that parent will continue to have those rights even if and when the child is physically in the custody of the other parent.\n\nThis means that if mom has the right to determine what after school activities the child participates in, dad must facilitate and cooperate with the child’s participation in them even when the child is with him, and even if he disagrees with them\n\nCourts can put severe limitations on parenting, where there are concerns for the child\'s well being. For example, a court could order that a parent have no overnight visitation, at least for a temporary \"probationary\" period. A court can also order supervised visitation although this is usually ordered in the most extreme cases.\n\nRemember that should a parent fulfill his or her obligations, be they supervised visitation or visitation that is daytime only, and the child seems to be OK with the situation, there is always the likelihood of having the custody situation modified, to increase that parent\'s contact with the child.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family law attorneys</a> at The Pawlowski//Mastrilli Law Group can help you litigate your contested custody case, and explain every step of the process to you. Call us with any questions you may have.\n\nResource:\n\nflcourts.org/content/download/216041/1962192/Floridas_Dependency_Benchbook_TPRAdjudicatoryHearing.pdf\n\n<a href=\"/the-courts-role-in-protecting-children-is-broad/\">https://www.megajustice.com/the-courts-role-in-protecting-children-is-broad/</a>',	'Sole Custody of a Child is Difficult to Obtain',	'',	'publish',	'closed',	'closed',	'',	'sole-custody-of-a-child-is-difficult-to-obtain',	'',	'',	'2019-06-25 08:26:11',	'2019-06-25 15:26:11',	'',	0,	'https://www.megajustice.com/?p=3397',	0,	'post',	'',	0),
(3399,	3,	'2019-06-26 03:00:36',	'2019-06-26 10:00:36',	'The internet is full of advice columns that provide good legal and life tips for preparing for your divorce. Many of the ideas tend to repeat each other, or be limited to strictly legal advice. Here are some practical real world things you can do to prepare yourself for a divorce.\n\n<h2>Protect Personal Items</h2>\n\nYou never know what the other spouse may be thinking or what he or she is capable of doing. People generally know to protect passwords, cash, or other valuable property. However, you should be prepared to protect family heirlooms, or items of sentimental value as well.\n\n<h2>Be Prepared for a Longer Process</h2>\n\nYou are only half the battle. Just because you are agreeable, or want to get the process done with quickly doesn\'t mean your spouse does. Even minor arguments or disagreements can take time for courts to resolve.\n\n<h2>Courts are Not for Emotions</h2>\n\nMany people enter divorce proceedings with sights set on vengeance, emotional closure, or thinking that divorce will help them \"let go.\" Courts can\'t address these kinds of emotional issues. Surely, every divorce will have some emotion. However, every spouse needs to make sure they are fighting over things worth fighting for and not fighting for emotional reasons.\n\n<h2>The Marital Home</h2>\n\nMany spouses want to keep the marital home for the children. Surely, there is stability to keeping kids in their homes. However, spouses need to assess whether it is worth not just the fighting, but the cost of keeping the home even after the divorce is over.\n\nRemember that if a home has some equity, the proceeds from selling the home can act as a nest egg to start over. A smaller or less expensive home may be easier for you to maintain and afford (and have a positive emotional benefit as well)\n\nIf you do move out of the home and get another place to live, make sure that it has the space for the children to live and be comfortable in.\n\n<h2>Help Your Attorney</h2>\n\nMake sure you have information about bank accounts, debts, assets, the kids’ school teachers, their doctors and other information available for your attorneys. Certainly you don’t have to litigate your own divorce, or get the information yourself--that’s what attorneys are for. But start making note of important names, contact information, account numbers, and collecting vital documents that your attorney will need during your case.\n\n<h2>Getting Advice</h2>\n\nIt seems that everybody has advice about everything, or stories about past divorce catastrophes. Not everybody\'s disastrous divorce has to be yours, and not everybody knows what they are talking about.\n\nGet advice from good professionals, including attorneys and accountants. Friends, family and even the internet can help you know what to expect emotionally, but remember that not everybody goes through divorce in a healthy state of mind. Don\'t let their experiences or expectations destroy your ability to keep a healthy state of mind.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can explain every step of the process to you. Call us with any questions you may have.\n\n<a href=\"/how-to-prove-that-a-spouse-purposely-wasted-marital-assets/\">https://www.megajustice.com/how-to-prove-that-a-spouse-purposely-wasted-marital-assets/</a>',	'Real World Advice to be Prepared for a Divorce',	'',	'publish',	'closed',	'closed',	'',	'real-world-advice-to-be-prepared-for-a-divorce',	'',	'',	'2019-06-26 03:00:36',	'2019-06-26 10:00:36',	'',	0,	'https://www.megajustice.com/?p=3399',	0,	'post',	'',	0),
(3411,	3,	'2019-06-10 10:09:58',	'2019-06-10 17:09:58',	'',	'Alimony10',	'',	'inherit',	'closed',	'closed',	'',	'alimony10',	'',	'',	'2019-06-10 10:09:58',	'2019-06-10 17:09:58',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/Alimony10.jpg',	0,	'attachment',	'image/jpeg',	0),
(3413,	3,	'2019-06-10 10:13:13',	'2019-06-10 17:13:13',	'',	'DivMoney',	'',	'inherit',	'closed',	'closed',	'',	'divmoney-2',	'',	'',	'2019-06-10 10:13:13',	'2019-06-10 17:13:13',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/DivMoney.jpg',	0,	'attachment',	'image/jpeg',	0),
(3429,	3,	'2019-06-19 08:26:43',	'2019-06-19 15:26:43',	'',	'Motorcycle7',	'',	'inherit',	'closed',	'closed',	'',	'motorcycle7',	'',	'',	'2019-06-19 08:26:43',	'2019-06-19 15:26:43',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/Motorcycle7.jpg',	0,	'attachment',	'image/jpeg',	0),
(3431,	3,	'2019-06-19 08:29:26',	'2019-06-19 15:29:26',	'',	'FamCourt',	'',	'inherit',	'closed',	'closed',	'',	'famcourt-2',	'',	'',	'2019-06-19 08:29:26',	'2019-06-19 15:29:26',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/FamCourt.jpg',	0,	'attachment',	'image/jpeg',	0),
(3442,	3,	'2019-06-25 08:26:02',	'2019-06-25 15:26:02',	'',	'FatherSon',	'',	'inherit',	'closed',	'closed',	'',	'fatherson',	'',	'',	'2019-06-25 08:26:02',	'2019-06-25 15:26:02',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/FatherSon.jpg',	0,	'attachment',	'image/jpeg',	0),
(3444,	3,	'2019-06-25 08:29:27',	'2019-06-25 15:29:27',	'',	'DivorcePlan',	'',	'inherit',	'closed',	'closed',	'',	'divorceplan',	'',	'',	'2019-06-25 08:29:27',	'2019-06-25 15:29:27',	'',	0,	'http://megajustice.view-live.com.php72-35.phx1-1.websitetestlink.com/wp-content/uploads/2019/06/DivorcePlan.jpg',	0,	'attachment',	'image/jpeg',	0),
(3466,	3,	'2019-07-17 08:10:39',	'2019-07-17 15:10:39',	'A common complaint of parents who pay child support to another parent is how the child support money is being spent. There may be allegations that the child support money is being “wasted,” or spent on the other parent’s needs as opposed to the child’s needs.\n\n<h2>How Child Support Money Can Be Used</h2>\n\nFlorida law does not have any specific requirement of how child support money is spent. A parent with the majority of timesharing—that is, the parent who has the child more nights on a yearly basis than the other parent—is assumed to have to shoulder more of the child’s expenses than the other parent. The purpose of child support is to equalize that financial burden.\n\nHowever, there is generally no itemization of how the money is spent, and no requirement that the receiving parent account for the funds. As long as the child is being fed, has a roof over his or her head, has clothes, and has everything else that is necessary for a child to grow up in a healthy and productive environment, a court will not entertain any argument that child support is being wasted.\n\n<h2>Child Support When Timesharing is Switched</h2>\n\nParents also will have to continue to pay child support, even when the paying spouse has the child for a sustained period of time.\n\nFor example, a father may be ordered to make child support payments to the mother because the child spends the majority of nights with the mother. Over the summer, the father may have the right to have the kids stay with him for an extended period of time or to the kids may go with the father on an extended vacation. Even though the child is with the father for the majority of time for that particular month, the child support still must be paid.\n\n<h2>Accounting for Additional Expenses</h2>\n\nIn some cases, for parents that have enough combined income, a court may order that the parties share the cost of certain expenses for the child. These are usually for extracurricular or recreational activities for children, such as music, sports, or religious activities.\n\nThese costs will sometimes be included in child support and paid to the other parent, but in other cases, the court may permit the paying parent to pay the money directly to the activity organizer. Parents usually will be ordered to pay these expenses in the same proportion as their individual income is to the parents’ combined income. Here, the money must be spent as the Court orders.\n\n<h2>Summer Camp</h2>\n\nSummer camp will also often be included in child support payments, if the child is young enough that he or she cannot remain at home while the custodial parent works. If the child is too young, camp may be considered the same way as child care—a necessary expense. However, if the child is old enough, a Court may not order that it be required to be paid by the other parent.\n\nOur <a href=\"/tampa-family-lawyer/child-support/\">Tampa child support attorneys</a> at The Pawlowski//Mastrilli Law Group can help you understand your child support obligations. Call us with any questions you may have about child support or custody.\n\n<a href=\"/how-will-bankruptcy-affect-child-support-and-alimony/\">https://www.megajustice.com/how-will-bankruptcy-affect-child-support-and-alimony/</a>',	'What Can Child Support Be Spent on?',	'',	'publish',	'closed',	'closed',	'',	'what-can-child-support-be-spent-on',	'',	'',	'2019-07-17 08:10:39',	'2019-07-17 15:10:39',	'',	0,	'https://www.megajustice.com/?p=3466',	0,	'post',	'',	0),
(3468,	3,	'2019-07-18 03:00:26',	'2019-07-18 10:00:26',	'In the process of a divorce, not only will assets be divided by the spouses, but so will debts and liabilities. Outside of maybe a mortgage, one of the largest liabilities that a divorcing couple can face is a student loan (which is sometimes even larger than the mortgage).\n\n<h2>Division is Not Always 50-50</h2>\n\nAs a general rule, debts are equitably divided just as property is divided. Although both are often divided 50-50, there is no rule that says that they have to be. As the name “equitable” implies, a court’s obligation is to try to divide assets and liabilities fairly, which means that one spouse can be awarded more than 50% of any asset or liability.\n\nIn many cases, when debt is taken out during the course of the marriage, there is the presumption that both parties will be responsible for half of the debt. This is presumed to be fair. If the couple took out $5,000 on a marital credit card, and used the $5,000 for expenses related to the marriage, then they should both be equally responsible for paying that debt back.\n\n<h2>Student Loans Are Equitably Divided</h2>\n\nStudent loans are somewhat different because if taken out while the couple is married, the “benefit” of the debt—that is, the thing that was “purchased” with the student loan—is the education or the degree. While that degree may have helped both parties while they were married, upon divorce, one spouse will have that degree while the other will not.\n\nThis can make it inequitable to make both spouses equally responsible for student loan debt in some cases.\n\nHowever, in some cases, the money from student loans is not used just to pay the tuition that lead to the degree. Sometimes, couples use student loans to pay the expenses of the family, while one spouse gets his or her degree. The student loan money may be applied to making mortgage or car payments, or to buying food or paying utilities. In this circumstance, both couples may have received the benefit of the student loan funds, even though only one spouse has earned a degree.\n\n<h2>Using Alimony</h2>\n\nAlimony can also be used to equalize the playing field. The party that obtained the degree may now be making more, or have the ability to earn more money.\n\nThus, even though a spouse may have to pay part of a debt for a degree that belongs to the other spouse, the non-degree earning spouse may realize an alimony award that he or she may not have otherwise been able to receive.\n\nAll of this applies when loans were taken out during the marriage. For loans that a party took out before marriage, and thus brought into the marriage, a court is more likely to find those to be non-marital debts. A student loan taken out and used by one party before marriage does not transform into marital debt after marriage.\n\nOur <a href=\"/tampa-family-lawyer/\">Tampa family attorneys</a> at The Pawlowski//Mastrilli Law Group can help you understand your obligations after a divorce. Call us with any questions you may have about property division or custody.\n\nResource:\n\nfloridabar.org/the-florida-bar-journal/a-seven-step-analysis-of-equitable-distribution-in-florida-part-2-distributing-marital-property/\n\n<a href=\"/sole-custody-of-a-child-is-difficult-to-obtain/\">https://www.megajustice.com/sole-custody-of-a-child-is-difficult-to-obtain/</a>',	'Dividing Student Loan Debt in a Divorce',	'',	'publish',	'closed',	'closed',	'',	'dividing-student-loan-debt-in-a-divorce',	'',	'',	'2019-07-18 03:00:26',	'2019-07-18 10:00:26',	'',	0,	'https://www.megajustice.com/?p=3468',	0,	'post',	'',	0),
(3470,	3,	'2019-07-25 03:00:16',	'2019-07-25 10:00:16',	'A jury is a large part of our injury system, and for cases that go to trial, a jury will determine how much your injuries are “worth” by putting a dollar figure on everything that you have gone through. But long before that happens, there is a negotiation process, usually with an insurance company. The insurance company may offer to settle your case, and they will assess their own value to your case.\n\n<h2>How Insurance Companies Value Cases</h2>\n\nInsurance companies offer to settle cases based on what juries have done with cases similar to yours. If juries give a million dollars for a case with the same facts as yours, the insurance company won’t offer you 100% of that amount, but they may come pretty close.\n\nThis means that smaller insurance company offers are often just a function of smaller awards by juries in courtrooms.\n\nOf course, the problem comes in that juries are not bound by each other’s decisions. One jury that hears a case about a sideswipe car accident that causes a herniated disk with $50,000 in medical bills may award $75,000, and the very next day a jury hearing a case that is identical may award $10,000.Compound this with the fact that in reality, no two cases are ever exactly alike.\n\nThis all means that when insurance companies evaluate “how much could a jury make us pay if we take this case to trial,” they may have a wide range of verdicts to help them answer that question. This gives insurance companies a lot of leeway to make low offers.\n\n<h2>Evaluating Liability</h2>\n\nLiability also is a factor. Let’s assume that there is a consensus that the value of the damages in a case with someone with your injury is $100,000. The insurance company will ask itself, what are the chances of a jury finding that their client (the defendant) is negligent?\n\nIn a rear end accident, that is a relatively easy question to answer. Defendants are almost always found liable in these types of cases. But what if the case is an accident in an intersection, with no traffic lights, and both sides say that the other side could have and should have avoided the accident? What if it is a slip and fall accident and the defendant claims the victim could have avoided the accident?\n\nIn these situations, the insurance company will say that although your injury may be “worth” $100,000, they may feel there is a good chance that a jury will find the Defendant not liable at all. So, they may offer $50,000 or less. They may offer nothing at all, if it seems that there is a good chance the jury will find the Defendant not liable.\n\nRemember that a low offer from an insurance company is nothing more than a prediction.  You don’t have to settle your case, and can always opt to go to trial.\n\nThe <a href=\"/tampa-personal-injury-lawyer/\">Tampa personal injury attorneys</a> at The Pawlowski//Mastrilli Law Group can answer your questions and help you obtain damages for injuries sustained in a car accident.\n\n<a href=\"/use-common-sense-to-stay-safe-on-motorcycles/\">https://www.megajustice.com/use-common-sense-to-stay-safe-on-motorcycles/</a>',	'How Do Insurance Companies Evaluate the Value of Cases',	'',	'publish',	'closed',	'closed',	'',	'how-do-insurance-companies-evaluate-the-value-of-cases',	'',	'',	'2019-07-25 03:00:16',	'2019-07-25 10:00:16',	'',	0,	'https://www.megajustice.com/?p=3470',	0,	'post',	'',	0),
(3472,	3,	'2019-07-26 03:00:37',	'2019-07-26 10:00:37',	'Retirement accounts can be a big part of the process of dividing property in a Florida divorce. However, unlike traditional assets that can just be sold and the profits split, or where parties can just take physical property, a retirement account has specific rules that must be followed in order to make sure that it is properly divided in a divorce.\n\n<h2>Marital vs. Non-Marital Property</h2>\n\nRetirement accounts are marital property, and are subject to division upon divorce. This is true even if one spouse acquired the retirement account through his or her employment, without any help or assistance from the other spouse.\n\nHowever, in many cases, only part of the value of the retirement account will be marital property. Any part of the retirement account that accrued, or increased in value during the marriage is subject to division. However, any part of a retirement account that a party owned before the marriage, will generally be considered non-marital property.\n\n<h2>Tax Penalties</h2>\n\nIn some cases, pensions cannot legally be divided, or can’t be divided without a party receiving some kind of tax penalty. This is often the case with governmental employment retirement accounts.\n\nIn some cases, taxes can be severe. Taxes can be assessed at the spouse’s current tax bracket, plus 10%. These are numbers that must be accounted for when valuing a retirement account or drafting a QDRO (which is normally done by accountants or tax professionals).\n\nStraight liquidation of retirement accounts will often carry the biggest tax penalties. However, for spouses who may be struggling economically, or in need of funds to start their lives over again, it may be the only option.\n\nSometimes, a spouse’s share of the other’s retirement need not be liquidated, but rather can be rolled over into the receiving spouse’s own IRAs.  This carries the least tax penalties, although withdraw and liquidation will be subject to whatever rules the receiving spouse’s IRA currently has.\n\nThe option with the least tax penalties is an offset. The parties may want to value the marital portion of the retirement account, allow the party with the pension to keep it, and make up what is owed to the other party by giving him or her a larger share of another, separate asset.\n\n<h2>Using Professionals</h2>\n\nAs long as the order dividing up the plan (called a QDRO) is drafted correctly, and the spouse receiving funds elects to take the funds at the time that the QDRO is approved, the IRS has a policy that minimizes the tax penalties to the receiving spouse.\n\nTax professionals may need to be consulted if you do opt to divide up a retirement account, to determine what the tax penalty is. That amount may be equally subtracted from both parties’ share, to make sure they both are paying an equal share of the tax burden (by giving up what they receive from the account).\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can help you understand how and if your property will be divided by a court in a divorce. Call us with any questions you may have.\n\nResource:\n\nirs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-domestic-relations-order\n\n<a href=\"/lottery-winners-ordeal-demonstrates-importance-of-separation-agreements/\">https://www.megajustice.com/lottery-winners-ordeal-demonstrates-importance-of-separation-agreements/</a>',	'Dividing Retirement Accounts in a Divorce',	'',	'publish',	'closed',	'closed',	'',	'dividing-retirement-accounts-in-a-divorce',	'',	'',	'2019-07-26 03:00:37',	'2019-07-26 10:00:37',	'',	0,	'https://www.megajustice.com/?p=3472',	0,	'post',	'',	0),
(3474,	3,	'2019-07-30 03:00:44',	'2019-07-30 10:00:44',	'Although we would like for the divorce process to go by quicker, and for parties to resolve their disputes as amicably as possible, the reality is that just is not always the case. The most contested divorces can drag on in courts for over a year, depending on the complexity of the issues that are in dispute.\n\nAt the end, you may be entitled to alimony, or child support, or other types of monetary relief. But what happens while the case is going on? If you are a spouse that is making very little money, how are you supposed to pay for the children’s needs, keep a roof over your heads, or even pay attorneys to litigate a contested divorce case?\n\n<h2>Obtaining Temporary Support</h2>\n\nThe answer is asking the court for temporary support or relief. This is a request for support from the other spouse while the case is going on. A temporary order that gives support to a spouse does not mean that the spouse will be awarded support permanently at the end of the case. Temporary support is only meant to make sure that the parties can litigate on an even playing field, and to make sure that the basic needs of the less financially able spouse (and the kids) are taken care of while the case is going on.\n\nMotions for temporary relief usually happen at the beginning of the case, as the party in need is often desperate to pay the household bills. However, the result of this expediency is that often all of the facts and evidence are not developed at the time that the hearing is held. This makes the gathering of a party’s own evidence at the start of the case even more critical.\n\n<h2>How Support is Determined</h2>\n\nThe court will usually hold a hearing to determine temporary support and will take into account some of the same factors that are considered in final alimony or child support determinations. Some factors may include the parties’ standard of living, the ability of a spouse to pay, the earning capacity of the parties, and the location of the children.\n\nA party may also obtain temporary attorney’s fees that must be paid from the other side. In addition to considering the same factors as are used in alimony cases, the Court may also consider whether one party is dragging out litigation, or arguing matters that are frivolous, thus increasing the cost to the other party.\n\nA court will not award temporary attorneys fees if the paying spouse cannot afford his or her own attorneys fees. There must be a demonstrated ability to pay both sides attorneys fees for an award to be made.\n\n<h2>Temporary Custody</h2>\n\nTemporary relief is not just monetary; the court can also determine temporary custody and visitation, although it will do so along with a temporary order of child support.\n\nOur <a href=\"/tampa-family-lawyer/child-custody/\">Tampa child custody attorneys</a> at The Pawlowski//Mastrilli Law Group understand the need to take care of your family’s needs while your divorce is being heard by the Court. Call us with any questions you may have.\n\nResource:\n\nhttp://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0061/Sections/0061.16.html\n\n<a href=\"/timesharing-apps-cause-concern-as-more-judges-start-requiring-their-usage/\">https://www.megajustice.com/timesharing-apps-cause-concern-as-more-judges-start-requiring-their-usage/</a>',	'Temporary Support Can Help While a Case is Going On',	'',	'publish',	'closed',	'closed',	'',	'temporary-support-can-help-while-a-case-is-going-on',	'',	'',	'2019-07-30 03:00:44',	'2019-07-30 10:00:44',	'',	0,	'https://www.megajustice.com/?p=3474',	0,	'post',	'',	0),
(3476,	3,	'2019-07-31 03:00:51',	'2019-07-31 10:00:51',	'One of the biggest purchases that one spouse will make for the other is often a purchase that is made before the marriage is even legally complete: The engagement ring. Despite the promise of marriage and a life together, not every engagement actually ends in a marriage. This raises a legal question of what happens to the engagement ring when the parties either opt not to marry, or when the parties divorce.\n\n<h2>Broken Engagements</h2>\n\nOf course, broken engagements do not technically fall under the umbrella of “family law,” which means that civil laws, as opposed to Florida’s family laws, apply.\n\nIn Florida, an engagement ring is considered a gift, but a conditional one. That means that unlike a traditional gift, which vests all property rights into the party receiving the gift, for the receiver to have legal rights to the ring, the marriage must actually happen.\n\nIf the marriage does not happen, the legal issues get complex, because the law requires that the ring be returned to the giver only if the giving party is not at fault (that is, he or she did not cause the marriage not to happen). This can result in courts having to determine whose “fault” it is that the marriage never happened, a thorny, fact-intensive and often unclear question to answer that will often have to be answered by a jury (unlike traditional family law cases, where there is no jury).\n\nAdditionally, questions arise when rings are given in conjunction with a holiday or birthday. Courts will have to determine whether the ring is truly a gift conditioned on completing the marriage, or whether the ring is an outright unconditional gift for the holiday or birthday.\n\n<h2>Who Gets the Rings In a Divorce?</h2>\n\nAs a general rule, when parties marry and then divorce, the ring is considered the non-marital property of the receiving spouse, and thus, cannot be divided or sold by a court in a divorce.\n\nThere is little case law for guidance on this matter, but as general advice, like any non-marital property, an engagement ring could become marital in the right circumstances.\n\nFor example, if a husband gave a ring to a wife and charged the purchase, and after the marriage marital funds were used to pay off the debt, there could be some argument for return of the ring.\n\nLike any property, a prenuptial agreement can be drafted that includes provisions for what happens to the engagement ring upon divorce. This is especially recommended when a ring is a family heirloom, and return of the ring after divorce or if the marriage never happens, has significance beyond monetary value.\n\n<h2>Wedding Rings</h2>\n\nWedding rings are an easier legal question to address because they are considered marital, being given at the time of marriage. Even though the rings are considered “gifts,” gifts from one spouse to another are considered marital property and thus are subject to equitable distribution by a court.\n\nOur <a href=\"/tampa-family-lawyer/divorce/\">Tampa divorce attorneys</a> at The Pawlowski//Mastrilli Law Group can help you understand what property the Court may try to divide amongst you and your spouse. Call us with any questions you may have.\n\nResource:\n\nhuffpost.com/entry/divorce-engagement-ring_n_3964186\n\n<a href=\"/dividing-retirement-accounts-in-a-divorce/\">https://www.megajustice.com/dividing-retirement-accounts-in-a-divorce/</a>',	'Who Gets the Rings After Separation or Divorce?',	'',	'publish',	'closed',	'closed',	'',	'who-gets-the-rings-after-separation-or-divorce',	'',	'',	'2019-07-31 03:00:51',	'2019-07-31 10:00:51',	'',	0,	'https://www.megajustice.com/?p=3476',	0,	'post',	'',	0),
