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  • Michael Fender 10:58 am on February 17, 2010 Permalink | Reply
    Tags: , dissolution of marraige, , , modification, modify,   

    Modification of Final Judgment of Divorce or Dissolution of Marriage 

    Modification of Spousal Support or Alimony:
    One matter from a final judgment of divorce or dissolution of marriage which may be modified is spousal support or alimony which can be either an increase or decrease in the amount of financial support a spouse receives. Under Florida law, if the financial ability or the circumstances change then either spouse may request the court for modification of the alimony payment. Reduced or increased income of a spouse paying the alimony is not enough on its own for modification of alimony.
    In order to modify alimony, a party must file a supplemental petition with the court and serve the other side. The party who is seeking the modification must show the court that there has been (1) a substantial change in the circumstances; (2) that the change was not contemplated by the parties at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature.
    Alimony may be modified or terminated if the paying former spouse can prove the receiving party is involved in a “supportive relationship,” a relationship in which his or her expenses are being paid.
    Modification of Child Support:
    A party may also seek to modify child support either an upward or downward change in the amount of support a former spouse receives for the benefit of a minor child. Florida law authorizes the court to modify child support payments when the financial ability of either party changes or the child who is the beneficiary of an agreement or order as described reaches the age of 18, or 19 if still in high school with a reasonable expectation of graduation.
    Florida Statutes list three grounds for modification of child support: (1) when modification is found necessary by the court and is in the best interest of the child; (2) when the child reaches the age of 18; and (3) when there is a substantial change in the circumstances of the parties. The party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. A guideline change must result in a change of either 15% or $50, whichever is greater. Substantial change may be either the child’s needs or a parent’s income. Once the court finds that there has been a substantial change then the court must consider all of the statutory factors in recalculating the child support obligation.
    Modification of a Parenting Plan:
    Under Florida law the standard for modification of a parenting plan, time-sharing schedule or parental responsibility is to show that the circumstances have substantially, materially changed since the original determination and the child’s best interests justify the change.
    If a request is made to modify time-sharing or parental responsibility because a parent is activated, deployed or temporarily assigned to active military service and the parent’s ability to comply with the time-sharing schedule is materially affected, the court may only temporarily modify or amend the time-sharing if it is in the best interest of the minor child. However, the court is required to ensure contact between the military service member and the minor child by electronic communications, webcam, telephone and other available means as well as liberal time-sharing during periods of leave from military service. Upon return from active military service, deployment or temporary assingnment, the court is required to reinstate the original time-sharing schedule between the military service member and the minor child.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. If you are in need of a lawyer for representation or advice, please contact Michael Fender’s office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 2:19 pm on February 15, 2010 Permalink | Reply  

    Establishing Paternity for Your Child 

    Has paternity been established for your child? Paternity has been established if:
    The mother and the father were married when the child was born,
    The mother and father signed an Acknowledgment of Paternity, or
    A legal order or paternity judgment identifies the man as the child’s father
    Paternity has been established if the mother and the father signed the birth certificate in the hospital
    If paternity has not been established, Attorney Michael Fender can help you.
    Why is paternity important?
    A child with a legal father is more likely to:

    Have a stronger sense of family
    Develop a strong bond with the father
    Do well in school
    Have better health care
    Have a more complete family medical history
    Receive child support
    Have inheritance rights
    Have rights to social security, veterans and other benefits

    Parents benefit from having paternity established too. Once paternity is established, a parent may
    Get an order for child support
    Have regular contact with the child
    Have a say in legal and other important decisions about the child including educational, religious, and healthcare

    What if the mother not sure who the father is or the father is not certain he is the father?

    A genetic test will tell you who the father of the child is.

    Is a genetic test required in all paternity cases?

    No. If the mother and father are in agreement as to paternity, then a genetic test is not necessary or required.

    Can an alleged father challenge paternity if an order has previously been entered?

    As of 2006 with the enactment of section 742.18, Florida Statute, a father can challenge previously adjudged paternity in certain limited circumstances and disestablish paternity.

    If you are a mother or father in need of legal representation with regard to a child born out of wedlock, please contact Attorney Michael Fender to schedule an appointment to review your rights and options.

    ________________________________________
    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 10:41 am on February 12, 2010 Permalink | Reply
    Tags: , , , , surname, wife, woman   

    Married Woman’s Retention of Former Surname 

    No statute or judicial decision in Florida requires a woman to take her husband’s surname when they marry. Based on custom, a woman may change her surname to that of her husband, but the law neither compels her to do so nor automatically converts it for her. Thus, a married woman may legally retain her former name by choice, intention and use.
    A woman who uses her husband’s surname has a right to subsequently establish her former surname as her legal name if desired. Any person who wishes to change his or her name must file a petition for name change and comply with the statutory requirements.
    A woman may also have her former name or maiden name restored in a final judgment of dissolution of marriage or divorce. Some women choose to retain their married name if there are children of the marriage. Most judges require that a wife testify that she has not declared bankruptcy under her married name, has not been adjudicated a felon, does not have any money judgments entered against her in the married name, and is not seeking a name change for any fraudulent or improper purpose.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 9:56 am on February 11, 2010 Permalink | Reply
    Tags: , , , , ,   

    Attorney Michael Fender Profile 

    Michael Fender was born in 1963 in Kansas. In 1973, his family moved to Lakeland, Florida where he graduated from Lakeland Senior High School in 1981. Mr. Fender then attended the University of Florida where he earned a Bachelor’s degree in Finance with Honors in 1985. During his undergraduate years, Mr. Fender competed on the varisty debate team for his Sophomore, Junior and Senior years travelling to many different campuses across the country representing the University of Florida in debate tournaments.

    Upon graduation, Mr. Fender entered the work force. After taking a 3½ year break and working in the residential construction industry, first as a construction superintendent and then as an estimator and purchasing agent for two large homebuilders, Mr. Fender then entered law school at the University of Florida in 1989 and graduated in 1991.

    On the morning of April 29, 1992 and after waiting since childhood to become a lawyer, Mr. Fender learned that he had passed the bar examination with a combined score of 170 (130 needed to pass at that time) and immediately made an appointment with The Honorable Frederick D. Smith of the Eight Judicial Circuit to be sworn in at 11:15 a.m. that morning and became of member of The Florida Bar. After having clerked at several local Gainesville law firms as a law student, Mr. Fender immediately opened his practice in Gainesville, Florida and has remained a sole practitioner for the past 17+ years. In 1993, Mr. Fender moved his practice to Orlando, Florida and initially located in downtown Orlando. In 1995, Mr. Fender moved his practice to Maitland, Florida and in 2000 made a final move to his current location in Altamonte Springs, Florida.

    Mr. Fender has received a Martindale Hubbell rating of BV. This means that his peers have rated his legal ability from high to very high and his ethical standards as very high.

    Mr. Fender represented his first divorce client in 1992 and has represented hundreds since then. Mr. Fender practices in all areas of family law including divorce, paternity, domestic violence injunctions, child support and alimony modifications, custody modifications and stepparent adoptions.

    Mr. Fender provides criminal defense representation for all misdemeanors and felonies in Orange County, Seminole County, Osceola County, Volusia County and Lake County, Florida.

    Utilizing his construction background and training, Mr. Fender also represents contractors, subcontractors, suppliers, owners and homeowners in construction disputes including breach of contract, construction or mechanic’s liens, warranty claims and defenses and construction defects.

    Mr. Fender is also admitted to the United States District Court, Middle District, the United States District Court, Northern District, and the United States Court of Appeals, Eleventh Circuit.

    In his spare time, Mr. Fender raises two young children with his wife, Julie, collects antique clocks, antique tube radios, antique fans, antique bookends, antiquarian Americana books, and antique prints and paintings.

    _________________________________
    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 11:36 am on February 10, 2010 Permalink | Reply
    Tags: , , , ,   

    Child Born Out of Wedlock 

    The mother of a child born out of wedlock is the natural guardian and has the primary duty of support.” The term “born out of wedlock” generally refers to a child who was neither born nor conceived of a legally recognized marriage. The terms “bastard” and “illegitimate” are disfavored, but the term “illegitimate” still appears in some court opinions. A child who is either born or conceived in wedlock is presumed to be a child of the marriage.

    The father of a child born out of wedlock also owes a duty of support, unless the child has been adopted by another man. The father’s identity may be established by any of the following procedures:

    1. A paternity action.
    2. The father’s marriage to the mother.
    3. A foreign judgment of paternity.
    4. The father’s acknowledgment of paternity.

    A court may order support for a child born out of wedlock retroactively to the date of birth with a maximum retroactive period of two (2) preceding the date of the filing of the child support lawsuit. To determine the amount of child support that is necessary, a child born out of wedlock is treated as a child born of a marriage.

    The willful failure of the parents to provide support to a child born out of wedlock is a felony. A man cannot be held criminally liable for a failure to support such a child, however, unless a court of competent jurisdiction has first determined that he is the father.

    It is important to note that just because a child suppot order has been entered, the father has no rights of shared parenting or contact with the child until a court has adjudicated the father’s rights. After being served with a child support lawsuit, a father should hire an attorney if that father wishes to establish his rights of contact with the child, establish a parenting plan, and become involved in the child’s life.
    ______________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 10:57 am on February 4, 2010 Permalink | Reply
    Tags: , , Mediation,   

    Mediation and Divorce 

    I always advise my clients of the option of early an alternative dispute resolution or mediation provided there is sufficient kowledge or discovery of the marital assets and marital debts involved in the divorce. An agreement mediated by my clients with the assistance of attorneys is likely to be a more comprehensive document than a judgment received after a trial. Therefore, mediation is a powerful mechanism for the quick and efficient resolution of a divorce case and is successful most of the time. In Florida, mediation is mandatory prior to setting trial or a temporary hearing. When mediation occurs, the lawyer continues to be involved but in a different role. One of the important and critical decisions to be made when deciding to mediate, or being required to do so, is the selection of the mediator that is appropriate for your case.
    In child custody and related issues, clients need to be cautioned as to the possible consequence of mediation. Mediation is usually viewed as a privileged session. However, a divorcing spouse airing his or her strengths may alert his or her spouse to weaknesses or strenths of the case, thereby providing the opponent an opportunity to strengthen his or her case.
    There also needs to be an understandubg of the dynamics of mediation. The mediator is simply attempting to facilitate the decision-making process and is not a decision maker. Unfortunately, when one party or their attorney is intractable as to his of her positions, the mediator may focus on the more flexible party to see if that party will move from his or her position. In these situations, one of the participants may sacrifice his or her positions for no apparent gain.
    A client will be unable to effectively mediate financial issues if he or she is unaware of the nature and extent of the family assets, liabilities, income, and expenses. The client should be conversant with the disclosure form and be comfortable in relying on it during the mediation session. If questions concerning full disclosure, accuracy, or the like exist, mediation is premature. To the extent valuations are necessary, the practitioner should work with the client to select either a joint or independent appraiser to appraise businesses, real estate, defined contributions plans, etc. Without valuations, the client in mediation could be taking on significant risk and the practitioner could ultimately be blames.
    Prior to mediation, the attorney should also discuss the disputed issues with the client and advise him or her as to how the law would be applied if the case were to be litigated. The mediator should not be expected to give the client legal advice.
    Last, the attorney should continue to counsel the client throughout the mediation process. The mediation agreement should be thoroughly reviewed for accuracy because once it is signed, there is little chance of having the agreement voided in whole or in part.
    _________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 6:41 am on January 30, 2010 Permalink | Reply
    Tags: , , , duty, , ,   

    Parents’ Duty to Support Child of the Marriage and Adopted Child 

    The parents of a minor child have a duty to support and educate the child and must provide the child with adequate food, clothing, and shelter. Each parent’s duty of support continues while the marriage exists and after its dissolution, unless the child is adopted by a stepparent or by another person.

    The duty of providing child support generally arises either contractually or from parenthood. Thus, in the absence of an enforceable agreement to provide support, a former spouse has no legal duty to support a child who is not his or her natural or adopted child. A former spouse may be equitably estopped from repudiating a child for purposes of support, however, when the spouse has enjoyed the benefits of being a parent, among which are having received the child’s love and affection over an extended period of time. For example, a husband who was neither the biological nor the adoptive father of a child was equitably estopped from repudiating paternity of the child where the husband, from the child’s birth until the child reached the age of nine, had completely and willingly assumed the role of father. Until dissolution of the marriage, however, a husband stands in loco parentis (in the place of a parent) to his wife’s child born during the marriage; this relationship creates a duty of support even if the man is not the child’s natural or adoptive father.

    Because a duty of support is owed to the child, one parent cannot relieve the other of this responsibility without court approval. Further, prior to enactment of the “shared parental responsibility” concept, the burden of child support could not be shifted from a noncustodial parent merely because his or her former spouse (the custodial parent) had remarried, and this rule appears to remain valid despite amendment of the custody laws to permit shared parental responsibility. However, the remarriage of the spouse with primary residential responsibility may affect his or her financial ability to contribute a greater share of the child’s support, which could be a factor in determining changed circumstances.

    The duty of support is nondelegable, even if the child does not live with either parent. Accordingly, if a parent neglects to provide support, a person who contributes to the support of the child is entitled to reimbursement from the parent.

    At any time during a proceeding for dissolution of a marriage, the court has the authority to order either or both parents to pay child support. In addition, the court has continuing jurisdiction to modify its orders and to require the parent with primary residential responsibility to account for expenditures made from child support received by him or her. A parent may seek an order to compel the other parent to pay child support at any time, regardless of any previous adjudication or opportunity to litigate the issue.

    ____________________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 11:51 am on January 28, 2010 Permalink | Reply
    Tags: , ,   

    What Happens to the Marital Home? 

    WHAT HAPPENS TO THE MARITAL HOME?
    There are several different ways to tackle the issue of what happens to the marital home. First and most obvious, the home can be sold with the equity being split in some fashion by the parties.
    Secondly, one party can buy-out the interest of the other party. This can be done by acquiring the fair market value from three reputable realtors and taking an average. The party who is going to remain as owner should re-finance the mortgage to remove the non-owner from any liability. Additionally, the party being bought-out should quit claim deed whatever interest he or she has in the property. The quit claim deed should then be properly recorded with the County Recorder.
    Thirdly, the parties can agree to remain joint owners of the property until some specific date or time frame (for example, when the youngest child completes high school). Upon the happening of that date or time frame, it can be dictated as to what will happen with the property. It is possible that one party will receive one-half of the equity that was present at the time of dissolution. It is possible that one party will receive one-half of the equity at the time of sale or re-finance.
    As you can see, the possibilities are endless and are only limited by the imagination of the parties and their attorneys.
    Regardless of what is ultimately decided, make sure that your Judgment and/or Settlement Agreement is highly detailed. There should be no confusion as to who shall pay the mortgage, taxes, insurance and utilities until the property is effectively divided.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for past 18 years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 11:33 am on January 28, 2010 Permalink | Reply
    Tags: , , uncontested divorce   

    Uncontested Divorces 

    Uncontested Divorce
    An Uncontested Divorce is a divorce case where both parties are in total agreement on all issues including timesharing issues with the child(ren) or custody, child support, alimony or spousal support if it applies, and equitable distribution or division of marital property, and division of marital debts. This allows for the case to be finalized in one court date. A typical uncontested divorce case can be completed within four to six weeks. All required documents are prepared by the attorney and sent out for signatures. Once the documents have been returned, they are filed with the Clerk of the Circuit Court. A court date can then be set where the proposed Judgment and attached Agreements can be submitted before a Judge for approval. Once the Judge signs the Judgment for Dissolution, it is official.
    Uncontested Divorces are more common than many people think. Some people are surprised to learn that parties can mutually agree upon the terms of their dissolution. Not every case involves a highly contested custody battle requiring often substantial legal fees and costs. To the contrary, many couples have no children, little property to divide and little joint debt. In those cases, an uncontested divorce is the best option for both parties. It brings a quick and swift resolution to a broken relationship, it saves the parties time, money and heartache and it takes the decision making out of the hands of Judges. It effectively allows the parties to decide how to complete their divorce on their terms.
    Uncontested divorces are a lot less costly and time consuming.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for past 18 years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 3:09 pm on January 26, 2010 Permalink | Reply
    Tags: , Lemon law,   

    Lemon law in Orlando, Florida 

    Florida’s Lemon Law applies to NEW or demonstrator vehicles sold or long-term leased in the state of Florida. When consumers buy or lease a new or demonstrator motor vehicle, they must receive from the selling dealer or lessor the “Consumer Guide to the Florida Lemon Law.” This publication explains consumer rights, gives steps to follow to resolve problems, contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.

    Is my vehicle covered?
    Florida’s Lemon Law only applies to NEW or demonstrator vehicles sold in the state of Florida. New or demonstrator vehicles that are leased in Florida are also covered, if they are lease-purchased, or if the lease is for one year or more and the lessee is responsible for taking the vehicle in for repair. If the vehicle is transferred from one consumer to another during the first 24 months after delivery to the original consumer, and both consumers use the vehicle for personal, family or household purposes, the consumer to whom the vehicle is transferred may be covered under the Lemon Law.
    The Lemon Law Does NOT Cover:
    Trucks weighing more than 10,000 pounds gross vehicle weight;
    Off-road vehicles;
    Vehicles which are purchased for purposes of resale;
    Motorcycles and mopeds;
    The living facilities of recreation vehicles.

    How The Florida Lemon Law Works
    The Lemon Law covers defects or conditions that substantially impair the use, value or safety of the new or demonstrator vehicle (these are called “nonconformities”). These defects must be first reported to the manufacturer or it authorized service agent (usually, this is the dealer) during the “Lemon Law Rights Period,” which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.
    Consumers should KEEP RECORDS of all repairs and maintenance. A written repair order should be obtained from the service agent (dealer) for each examination or repair under the warranty. The consumer should note the date the vehicle was taken in for repair and date he or she was notified that work was completed. Odometer mileage when the vehicle was taken to the shop and when it was picked up after repair should also be noted. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle and to any repair.

    If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer gives written notification by certified, registered or express mail, to the manufacturer (not the dealer) to afford a final opportunity to repair the vehicle. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Upon receipt of the notification, the manufacturer has 10 days to direct the consumer to a reasonably accessible repair facility, and then up to 10 days from delivery of the vehicle to fix it.
    If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer gives written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle. The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair for a cumulative total of 30 or more days.
    If the manufacturer does not provide a refund or a replacement vehicle, consumers may invoke their rights through one or two arbitration programs. The dispute must be submitted for arbitration to a manufacturer sponsored program, if that program was certified by the State of Florida when the consumer purchased or leased the vehicle and the manufacturer’s warranty or other written material explained how and where to file a claim with a state-certified program.

    If a manufacturer has no state-certified program, or if the manufacturer has a state-certified program, but the program fails to make a decision in 40 days, or the consumer is not satisfied with the state-certified program’s decision, the dispute must be submitted to the Florida New Motor Vehicle Arbitration Board, which is administered by the Office of the Attorney General. The consumer initiates the process by contacting the Lemon Law Hotline (1-800-321-5366; 1-850-488-2221) to obtain a Request for Arbitration form. The form is submitted for eligibility screening to the Department of Agriculture and Consumer Services, Division of Consumer Services.
    Once a case is approved for arbitration before the Florida New Motor Vehicle Arbitration Board, a hearing will be scheduled within 40 days. A panel of three arbitrators hears the case at a location that is reasonably convenient for the consumer. Hearings are held during normal working hours and are conducted in accordance with Florida’s Open Meetings Law. Arbitration hearings are conducted in English. Consumers who do not speak or understand English must bring an interpreter to the hearing, at the consumer’s expense. The interpreter should be fluent in both languages, since the hearing may contain very technical evidence that must be translated precisely. At the hearing’s conclusion, the board renders an oral decision which is subsequently reduced to writing and mailed to the consumer and the manufacturer.
    If the board determines the vehicle is a “lemon,” the consumer is awarded either a replacement vehicle or a refund (the Consumer may choose whether they want a refund instead of a replacement vehicle), including costs incurred in connection with the acquisition of the vehicle (collateral charges) and costs directly caused by the substantial defect which resulted in the award (incidental charges). The consumer is charged an offset for the use of the vehicle. The offset is calculated according to a statutory formula based on the mileage attributable to the consumer as of the date of settlement or an arbitration hearing, whichever occurs first. The case is dismissed if the board rules in favor of the manufacturer. Decisions of the board are final unless an appeal is filed with the circuit court within 30 days. If the award is not appealed, the manufacturer must comply within 40 days of receipt of the written decision.
    ____________________________________________________________________

    Attorney Michael Fender represented a consumer against Ford Motor Company in a Florida Lemon Law action at arbitration, circuit court trial, and on appeal. Orlando attorney Michael Fender, with his office in Altamonte Springs, Florida, obtained a treble damage award at the trial court level which award was affirmed on appeal in a written decision. Please contact Michael Fender’s office to schedule an appointment to discuss your lemon law claim.

     

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