Wednesday, June 30, 2010

What types of alimony are available to someone seeking support?

In awarding alimony, the court considers factors such as the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife.
 After equitable distribution has been made, the court may consider an award of alimony. The court may grant alimony to either the husband or the wife. Rehabilitative alimony may be for a limited period of time to assist in re­developing skills and financial independence. Permanent alimony continues until the receiving spouse’s remarriage or the death of either party. Rehabilitative and permanent alimony generally are paid periodically (i.e., monthly or semi-monthly). The court may grant some combination of the two. The court may also order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property. Although adultery does not mandate or bar an award of alimony, the court may consider the circumstances of that adultery in determining an award of alimony.

You have the right to find out about all your spouse’s income and assets through the use of discovery procedures which your attorney will explain to you.

 Choosing a lawyer is an important decision if your need help please schedule an appointment with the Law office of Carolyn R. Jones

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Monday, June 28, 2010

Can Credit Repair Companies Really Clean Up my Credit Report?

Credit repair fraud occurs when companies offer consumers with poor credit the service of cleaning up their credit report for a fee. They typically charge from $50 and up, but often do little or nothing for you before vanishing.
If a credit repair company tells you that it will be able to remove negative information from your credit report, the company is not telling the truth. Only incorrect information or items left after the seven year or 10 year reporting date can be changed. If you have a poor credit history, time is the only thing that can heal your credit report. Some credit repair schemes promise you that they can “hide” bad credit by helping you to establish a new credit identity. For a fee, some schemers may ask you to file for an employer Identification Number (EIN) to use in place of your social security number. This practice is called “segregation” and is illegal.
The truth is that you can help yourself rebuild a better credit record. If you need help working out a payment plan and a budget, contact your local credit counseling service. These non-profit groups offer credit guidance to consumers, and their services are available at little or no cost to you. Your credit union, housing authority or employer may offer these services too. You are entitled to a free credit report if you are denied credit, insurance or employment within 60 days of notice. You must be able to show that you are either unemployed (but will seek employment within 60 days), on welfare or your report is inaccurate because of fraud.

Monday, June 7, 2010

What is Guardianship and Who can serve as a Guardian?

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person. This guardian can be an individual or institution such as a bank trust department appointed by the court to care for an incapacitated person-called a "ward"-or for the ward's assets.
Any adult resident of Florida can serve as a guardian. A close relative of the ward who does not live in Florida may also serve as a guardian. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed. Institutions such as a bank trust department, a nonprofit religious or charitable corporation, or a public guardian, can be appointed guardian, but a bank trust department may only act as guardian of the property. The court gives consideration to the wishes expressed by the incapacitated person in a written declaration of preneed guardian or at the hearing.

The Court may not appoint a guardian in any circumstance in which a conflict of interest may occur.

Choosing a lawyer is a serious decision if you have further questions please contact the Law Office of Carolyn R. Jones listed below for further assistance.