Tagged: Florida RSS

  • Michael Fender 2:04 pm on April 22, 2010 Permalink | Reply
    Tags: , , , Florida, , , premarital,   

    Basics of Premarital or Prenuptial Agreements in Orlando, Florida 

    “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

    “Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.

    A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.

    Parties to a premarital agreement may contract with respect to:

    1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
    2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
    3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
    4. The establishment, modification, waiver, or elimination of spousal support;
    5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
    6. The ownership rights in and disposition of the death benefit from a life insurance policy;
    7. The choice of law governing the construction of the agreement; and
    8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.

    The right of a child to support may not be adversely affected by a premarital agreement.

    A premarital agreement becomes effective upon marriage of the parties.

    After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.

    A premarital agreement is not enforceable in an action proceeding in a divorce under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:
    1. The party did not execute the agreement voluntarily;
    2. The agreement was the product of fraud, duress, coercion, or overreaching; or
    3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
    a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
    b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
    c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

    If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution or divorce, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

    An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

    If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

    Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

    ________________________________________________________________________

    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 10:21 am on April 6, 2010 Permalink | Reply
    Tags: , , Florida, , no fault,   

    No Fault Divorce in Orlando, Florida 

    In 1971, F.S. 61.041 (Fault based divorce) was repealed when the legislature enacted the Dissolution of Marriage law, which provided that fault was not an element requiring proof to entitle a spouse to a dissolution of marriage. Since there was no “fault,” the legal defenses of condonation, collusion, recrimination, and laches were abolished.

    The no-fault concept has been presumed to be in the best interest of the parties. Its objectives are to enable persons to obtain a divorce without becoming adversaries or colluding with each other to mislead the court, to encourage reconciliation by the elimination of “mudslinging” and mutual accusations, and to keep the parties “dirty linen” in the closet and out of the courtroom.

    All fifty states have made the transition to the no-fault concept of divorce, although their nomenclature may differ. The most commonly used terminology is that the marriage is “irretrievably broken.” No fault grounds may take the form of “incompatibility,” “living separate and apart”, and mutual consent. Florida’s no-fault concept has been held to be constitutional. Florida courts generally have considered the “no fault” concept to be an improvement over the fault concept to divorce proceedings with all of its attendant atrocities.

    The basis for almost all divorces in Florida is irretrievable breakdown of the marriage. The statutory test for determining if a marriage is irretrievably broken is simply whether for whatever reason or cause (no matter whose fault) the marriage relationship is for all intents and purposes ended, no longer viable, a hollow sham beyond hope of reconciliation or repair.

    It is not necessary for both parties to agree that the marriage is irretrievably broken. It evidently requires two willing spouses to remain married and only one unwilling spouse to end that relationship.

    The only other ground for divorce or dissolution of marriage is the mental incapacity of one of the parties. To use this ground, the party alleged to be incapacitated must be so adjudged pursuant to Florida law a minimum of three years before filing.

    ________________________________________________________________________

    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, plese contact Michael Fender’s office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 9:24 am on April 2, 2010 Permalink | Reply
    Tags: , , Florida, , ,   

    What Happens to the Marital Home when the Divorce is Final in Orlando, Florida? 

    In a divorce, there are many different possible results to resolve the issue of what happens to the marital home. First and most obvious, the home can be sold with the equity being split by the parties either equally or whatever distribution works.
    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 or hiring a certified appraiser to obtain a value. 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. It is important to realize that a quit claim deed does not absolve a party from liability on the promissory note and mortgage.
    Third, 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. If you are in need of a lawyer, please contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 9:30 am on March 12, 2010 Permalink | Reply
    Tags: , , Florida, , , step parent adoption   

    Step Parent Adoptions in Orlando, Florida 

    A step parent may adopt his or her step child in Orlando and the entire state of Florida if the biological parent consents in writing to the adoption, if the consent if excused by the court or adjudged not to be necessary.

    The consent of the biological father of the step child is required under Florida law the following circumstances:

    1) The minor was conceived or born while the father was married to the mother;

    2) The minor is his child by adoption;

    3) The minor has been adjudicated by a court to be his child by the date a petition is filed for adoption and termination of parental rights; or

    4) The biological father has filed an affidavit of paternity pursuant to section 382.013(2)(c), Florida Statutes, by the date a petition is filed for termination of parental rights and adoption; or

    5) In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with all other requirements.

    If the biological parent’s consent is required, a court or judge may waive if the following facts are proven:

    1) A biological father or mother has deserted a child without means of identification or has abandoned a child. “Abandoned” means a situation in which the parent of a child, while being able, makes no provision for the child’s support and makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities. If, in the opinion of the court, the efforts of such parent of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during her pregnancy.

    2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.

    3) A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable.

    A judgment of step parent adoption, whether entered by a Florida court, another state, or of any other place, has the following effect:

    1) The judgment of stepparent adoption relieves the birth parent of the adopted person, except a birth parent who is a petitioner or who is married to a petitioner, of all parental rights and responsibilities.

    2) The judgment of stepparent adoption terminates all legal relationships between the adopted person and the adopted person’s relatives, except a birth parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes, including the interpretation or construction of documents, statutes, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship, except that rights of inheritance shall be as provided in the Florida Probate Code.

    3) Except for rights of inheritance, the judgment of stepparent adoption creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly exclude an adopted person from their operation or effect.

    4) However, if one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption and, unless the court orders otherwise, the adoption will not terminate any grandparental rights delineated under chapter 752, Florida Statutes. A close relative of a child is the child’s brother, sister, grandparent, aunt, or uncle.

    Please be aware that if a step parent adoption is entered and the step parent and biological parent subsequently separate or divorce, the step parent will have an ongoing duty to provide support for the adopted child after a separation or divorce.

    If you desire to adopt your step child and can obtain the written consent of the biological parent, or can make a strong case of abandonment, or believe that the biological father’s consent may not be necessary, please contact Attorney Michael Fender’s office to schedule an appointment to discuss your case. It is critical that a lawyer be involved when adopting a 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, please contact attorney Michael Fender’s office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 11:30 am on March 3, 2010 Permalink | Reply
    Tags: , , , , Florida, , , , retroactive   

    Retroactive Child Support in Orlando, Florida 

    Can a parent receive retroactive child support after filing a divorce case? Or a paternity or child support case? Retroactive child support is child support that is ordered to be paid prior to the entry of a child support order. Child support arrearage is unpaid child support that has been previously ordered. A court in Florida can order child support retroactive to the date of the parties’ separation with a maximum period of 24 months.

    Section 61.30, Florida Statutes provides that in an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:

    (a) The court shall apply the guidelines schedule in effect at the time of the hearing subject to the obligor’s demonstration of his or her actual income during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor’s income at the time of the hearing in computing child support for the retroactive period.

    (b) All actual payments made by a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.

    (c) The court should consider an installment payment plan for the payment of retroactive child support.

    In a child support action being pursued by the Florida Department of Revenue (“DOR“), the DOR has previously filed child support cases between the same parties which have been dismissed for lack of service. In that case, a court may consider a prior filing date to be the effective date for determining retroactive child support. For example, a father has been served with a 2009 child support case and the DOR has previously filed child support cases against the same father for the same mother in 2004 and 2000, which have been dismissed for lack of service. In that case, the DOR may be able to convince a judge that the retroactive period for the 2009 case would extend back to 1998. This, of course, would result in a rather large retroactive child support amount.

    There is also a provision now in Florida law that instructs a court to assess retroactive child support in a child support modification action. If a parent receives a child support reduction in a prior child support order based upon a substantial time sharing arrangement and the parent subsequently fails to fulfill his or her obligations under the time sharing agreement order order, then a court can assess retroactive child support back to the date that the parent stopped exercising his or her substantial contact.

    The relevant statute provides that a parent’s failure to regularly exercise the court-ordered or agreed time-sharing schedule not caused by the other parent which resulted in the adjustment of the amount of child support shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph shall be retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.

    ________________________________________________________________________

    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 9:56 am on February 11, 2010 Permalink | Reply
    Tags: , , , Florida, ,   

    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 3:09 pm on January 26, 2010 Permalink | Reply
    Tags: Florida, 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.

     

  • Michael Fender 11:51 am on January 25, 2010 Permalink | Reply
    Tags: , , Florida, , , ,   

    Pitfalls of Do-It-Yourself Divorce in Orlando, Florida
    It may seem like the quickest, simplest, and cheapest alternative: go online or get some forms from the office supply store and write up your own divorce. After all, in Florida, divorce is no-fault, so you simply have to assert that your marriage is irretrievably broken. Is there a reason to spend the money for a lawyer?
    As and Orlando and central Florida family law attorney with 18 years of experience, lawyer Michael Fender has seen the hazards of do-it-yourself divorce. Marriage is a powerful legal institution, and the dissolution of marriage must be handled carefully in order to ensure that the parties to the divorce actually get what they think they are getting — a fair and permanent settlement.

    Orlando attorney Michael Fender is an experienced divorce attorney who has had to repair damage from attempted “economy” divorces when clients came to him facing threats posed by simple errors:
    A check in the wrong box
    A single poorly chosen word concerning the marital home
    A failure to file a required document
    In some cases it turned out the couple, years after signing a divorce agreement, was never divorced at all!
    Failure to properly account for and divide retirement accounts
    If you have a good working relationship with your spouse, you may be surprised at how economical it is to have an experienced lawyer review your agreement with your spouse, ensure proper filings are made, and provide the protection you and your children need as you begin to rebuild your life.
    Whatever stage you are at in your divorce — considering a separation, negotiating a custody agreement, negotiating a property distribution agreement, or preparing to file for divorce — contact our Orange County and Seminole County law firm. You will speak with a divorce lawyer, not just an assistant or a paralegal.

    __________________________________________________________________

    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.

     

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