How to Keep Money Separate During a Divorce

/by

In Florida, marital property is considered that which was acquired during the marriage, whether cash in a bank or savings account, a home, vacation property, 401(k), boats, jewelry, or anything of value acquired during the years the couple was married. Debt acquired during the marriage may also be subject to division. 

It doesn’t matter if one person had a salary supporting the family while the other took responsibility for the children. All are considered contributions to a marriage subject to an equitable division.

It also doesn’t matter whose name is on the account. Marital property is divisible during a Florida divorce if acquired during the marriage.

According to AARP, the divorce rate among couples aged 50 and older has doubled in recent decades, meaning there is potentially a lifetime of earnings and assets to divide in a Florida divorce.

There are exceptions to asset ownership that protect assets for a single individual, even during their marriage, and cannot be divided. Some individuals plan to protect their assets, even during the marriage. 

Keeping Money Separate

An equitable property division is subjective, so even if you have kept money separate in preparation for a divorce, your divorcing spouse could be entitled to some of those funds. 

Equitable essentially means fair. The court will consider the contribution of both individuals to the marriage. Just because you were the sole breadwinner doesn’t mean you get to keep the funds all for yourself.  

Co-mingling Funds – If the assets were in a joint account, that may be subject to division in a Florida divorce. If the commingling of funds has occurred, even if the money represents, for example, an inheritance, proceeds from a real estate transaction, or a salary, those dollars are no longer considered separate property.

Separate Funds – Other times, couples decide early on, even before they get married, to retain ownership of certain monies. Say the couple is older and they have accrued funds during their lifetime; those earnings and the proceeds of any business or property sale owned by one partner before the marriage can be kept in a separate account that is not subject to division.

Separating funds does not have to be a controversial move. Sometimes, a person may want their children from a prior marriage to inherit certain valuables. If the money is co-mingled, it makes dividing those monies for one’s children more difficult.  

Suppose the money, such as an inheritance or dollars earned before the marriage, was kept in separate accounts. In that case, it is not considered marital property under Florida law; it is not subject to equitable division.

It then would be easier to direct those assets to one partner’s children.
Prenuptial Agreement – The other time when funds earned during a marriage are not subject to division is if there is a prenuptial agreement. In that case, both partners had to seek separate counsel and sign off on the prenuptial agreement before marriage. These agreements can later be challenged if one partner feels pressured into signing, but generally, a prenup is difficult to overturn.

When a divorce is pending, the couple could negotiate and sign a post-nuptial agreement to specify how funds should be divided. The agreement will require a complete, honest disclosure to be valid.

Your Florida Family Law Attorney

Once you decide to divorce, there are a couple of avenues you can choose to separate assets. Mediation is a process in which the couple decides, with the assistance of a neutral, third-party mediator, how they want to divide assets and share responsibilities, such as children, in the future.

In some cases, mediation is not a viable option. In particular, divorcing spouses who have a contentious relationship and are prone to conflict might not be able to resolve their issues through mediation. When this happens, then these issues are usually settled through negotiation or litigation.

Crystal Collins Spencer has been helping individuals through their divorce for more than 30 years, representing petitioners and respondents in Florida divorce cases.

Crystal Collins Spencer, Attorney at Law, will offer you a consultation on your case with offices in Fort Walton Beach, Pensacola, and Sandestin. Contact her office to make an appointment so you can review your options.

Sources:

AARP
https://www.aarp.org/money/investing/info-05-2012/protect-money-in-divorce.html

Investopedia
https://www.investopedia.com/articles/retirement/072916/how-protect-your-pension-divorce.asp

Dealing with Cryptocurrency During a Divorce 

/by

A Florida couple can expect that their assets will be divided during a divorce. The guideline in Florida is a fair and equitable division, unlike other states where 

community property means everything is divided in half to distribute to each spouse. 

In our changing technological world, a question needs to be addressed – what is an asset?

Homes, property, cars, bank accounts, savings – all are considered assets. A value can be assigned to them to divide them during a divorce. But these days, there is a new asset, considered by some to be as valuable as dollars and cents.

Your family law specialist in the Emerald Coast, Crystal Collins Spencer, will explain marital assets during an initial consultation.

What is Cryptocurrency?
Cryptocurrency is a digital asset tied to a blockchain network designed to work as a medium of exchange. It is not linked to any central authority such as a bank or government. Instead, it is governed by computer code. Its value is based on demand.

Cryptocurrencies are volatile investments with varying worth.  

According to Forbes, there are 19,000 different cryptocurrencies, and some are invested and growing in value. Bitcoin is the best-known cryptocurrency, along with Ethereum.

Cryptocurrency is treated like any other asset in a Florida divorce and is subject to equitable distribution. Even if just one person owned it before the marriage, if its value grew during the marriage, it could be considered a marital asset.

During a divorce, each party must disclose assets. In the case of crypto, the asset will have to be valued to determine its true worth, or one party may release their crypto holdings in exchange for other marital property. Any outstanding IRS tax obligation may be negotiated during the divorce. 

Crypto Asset Hiding
Hiding assets during a divorce can bring a fraud, criminal, civil contempt of court, or a perjury charge if they lie to the court. Some people try to do it anyway.

Unfortunately, cryptocurrency is becoming a way for one spouse to hide assets from the other. These can be high-value assets, and the other spouse may not understand their value.

In a divorce, a forensic expert can look for signs of a cryptocurrency purchase, such as login credentials, digital wallets, and bank or credit card statements. There may be a cryptocurrency listing on a loan application.

If crypto is from foreign exchange, it can be more challenging to track. A subpoena from a U.S. court may not be recognized in another country. That’s why crypto is called the “Cayman Islands bank account” for those individuals who want to hide assets from their soon-to-be-ex partner.

Even if hiding the investment is unintentional, a small amount of Bitcoin can be worth six figures. If one spouse is unaware of the other’s holdings, it can easily be overlooked during a divorce.

If you think your spouse may be invested in cryptocurrency in any amount, hiring a forensic expert may be worthwhile.

Your Florida Family Law Attorney
Digital assets in cryptocurrency are a relatively new topic in the law, and in a divorce, cryptocurrency should be considered a financial asset similar to a stock or mutual fund.

Since the value of cryptocurrency is subject to wild fluctuations, it may need to be liquidated at that time to determine a fair market value that can then be divided between the divorcing spouses.
 
Attorney Crystal Collins Spencer is an experienced Florida family law professional who will help you understand divisible marital assets and cryptocurrency. She understands that divorce is an adversarial process, and we must look everywhere to uncover all assets that may be subject to equitable division. 

Let attorney Spencer put her years of experience to work to advocate for your rights to ensure there are no surprises at the end of the day. Her office in Pensacola helps individuals along the Florida Panhandle including Destin, Fort Walton Beach, and Sandestin.

With over 30 years of experience, Crystal Collins Spencer has experienced how a high-asset partner may try to shortchange the other financially during a divorce. She understands that this is an emotional time and can be particularly stressful when there are complex issues ahead.

Call us at (850) 795-4910 or message us online to schedule your consultation.

Sources:

Fl Statutes
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

Forbes
https://www.forbes.com/advisor/investing/cryptocurrency/what-is-cryptocurrency/

A Florida couple can expect that their assets will be divided during a divorce. The guideline in Florida is a fair and equitable division, unlike other states where 

community property means everything is divided in half to distribute to each spouse. 

In our changing technological world, a question needs to be addressed – what is an asset?

Homes, property, cars, bank accounts, savings – all are considered assets. A value can be assigned to them to divide them during a divorce. But these days, there is a new asset, considered by some to be as valuable as dollars and cents.
Your family law specialist in the Emerald Coast, Crystal Collins Spencer, will explain marital assets during an initial consultation.

What is Cryptocurrency?
Cryptocurrency is a digital asset tied to a blockchain network designed to work as a medium of exchange. It is not linked to any central authority such as a bank or government. Instead, it is governed by computer code. Its value is based on demand.
Cryptocurrencies are volatile investments with varying worth.  

According to Forbes, there are 19,000 different cryptocurrencies, and some are invested and growing in value. Bitcoin is the best-known cryptocurrency, along with Ethereum.
Cryptocurrency is treated like any other asset in a Florida divorce and is subject to equitable distribution. Even if just one person owned it before the marriage, if its value grew during the marriage, it could be considered a marital asset.

During a divorce, each party must disclose assets. In the case of crypto, the asset will have to be valued to determine its true worth, or one party may release their crypto holdings in exchange for other marital property. Any outstanding IRS tax obligation may be negotiated during the divorce. 

Crypto Asset Hiding
Hiding assets during a divorce can bring a fraud, criminal, civil contempt of court, or a perjury charge if they lie to the court. Some people try to do it anyway.

Unfortunately, cryptocurrency is becoming a way for one spouse to hide assets from the other. These can be high-value assets, and the other spouse may not understand their value.

In a divorce, a forensic expert can look for signs of a cryptocurrency purchase, such as login credentials, digital wallets, and bank or credit card statements. There may be a cryptocurrency listing on a loan application.

If crypto is from foreign exchange, it can be more challenging to track. A subpoena from a U.S. court may not be recognized in another country. That’s why crypto is called the “Cayman Islands bank account” for those individuals who want to hide assets from their soon-to-be-ex partner.

Even if hiding the investment is unintentional, a small amount of Bitcoin can be worth six figures. If one spouse is unaware of the other’s holdings, it can easily be overlooked during a divorce.

If you think your spouse may be invested in cryptocurrency in any amount, hiring a forensic expert may be worthwhile.

Your Florida Family Law Attorney
Digital assets in cryptocurrency are a relatively new topic in the law, and in a divorce, cryptocurrency should be considered a financial asset similar to a stock or mutual fund.

Since the value of cryptocurrency is subject to wild fluctuations, it may need to be liquidated at that time to determine a fair market value that can then be divided between the divorcing spouses.
 
Attorney Crystal Collins Spencer is an experienced Florida family law professional who will help you understand divisible marital assets and cryptocurrency. She understands that divorce is an adversarial process, and we must look everywhere to uncover all assets that may be subject to equitable division. 

Let attorney Spencer put her years of experience to work to advocate for your rights to ensure there are no surprises at the end of the day. Her office in Pensacola helps individuals along the Florida Panhandle including Destin, Fort Walton Beach, and Sandestin.

With over 30 years of experience, Crystal Collins Spencer has experienced how a high-asset partner may try to shortchange the other financially during a divorce. She understands that this is an emotional time and can be particularly stressful when there are complex issues ahead.

Call us at (850) 795-4910 or message us online to schedule your consultation.

Sources:

Fl Statutes
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

Forbes
https://www.forbes.com/advisor/investing/cryptocurrency/what-is-cryptocurrency/

How Divorce Affects Your Student Loan Debt

/by

Life may feel overwhelming when you are going through a divorce. But no matter what emotions are involved, make financial considerations a top priority. If you have a student loan, or you and your spouse both have student loans, you need to understand what will happen when you divorce.

That, in part, depends on where you live. Florida is an equitable distribution state, meaning that all debts are not simply divided in two and assigned to the parties. Community property states divide debt that way and make each party equally responsible for debt accrued during the marriage.

A student loan taken out during the marriage is considered a shared debt in Florida, not unlike a credit card or a mortgage. Either the divorcing couple will decide who will pay the loan in their divorce agreement, or if they cannot agree, a judge will determine who pays the student loan.

Generally, if you obtained the debt during your marriage, it is the responsibility of the person whose name appears on the loan documents. If you acquired the student loan before you got married, it would remain your responsibility when you divorce unless you both decide otherwise.

Types of Student Loans

The responsibility for loan repayment may depend on the type of loan you took out.

Co-Signer – In the situation where your spouse co-signed the loan, you both will still be liable for the loan. It will appear on your credit reports. The co-signer can try to get a release from the co-signed loan, but don’t expect the lender to be too anxious to release one party from liability. Lenders of course prefer to have their loans repaid, and being able to tap into two payment sources is always better than one.

Consolidated Loan – At one time, a husband and wife could consolidate their student loan debt. The government rescinded that option in 2005, and as it now stands, both are usually responsible for paying off the loan.

Paying Off Debt

A couple coming up with a separation/divorce agreement might want to consider making student debt a priority for paying off. For example, instead of alimony, your spouse can agree to pay the debt.

You might negotiate a divorce agreement in which one spouse agrees to pay off the other’s debt, but that can backfire. If they fail to pay, you are still responsible for the student loan payment. The lender does not care about your divorce settlement, only whose name is on the loan documents.

You will want to monitor your credit score and any promised payments. Several months of missed payments will put a dent in your credit and lead to a loan default. Student loans do not go away – even if you file for bankruptcy, so be sure you have a solid plan in place to get the loan paid off, and a backup plan if you are relying on your spouse to pay it for you.

Prenuptial Agreement

Prenuptial agreements are crafted before a marriage and may or may not consider student loans. Both spouses were supposed to be represented by separate counsel in the crafting of the prenup, so challenging it after the fact may be difficult.

If the prenup says that an individual loan is your sole responsibility, you cannot make your spouse pay the loan. Only if s/he agrees in a settlement agreement can the conditions of the prenup be modified.

Also, if you co-signed a loan and the prenup says you are each responsible for your debt, the fact that it wasn’t your student loan will not matter to the court or the lender. You signed a contract that says you will be responsible for the loan payment. 

Your New Budget

If you have a federal student loan and your income changes after a divorce, your monthly payment may change. A married person’s income is likely to be more substantial than that of a single person. If a loan payment was based on joint income, the payment plan might have to be recalculated based on a single individual’s income.   

Your Florida Family Law Attorney

Crystal Collins Spencer has decades of experience in family law, and she has in-depth knowledge of the frequent issues divorcing couples run into, such as student loan debts. She will advocate for you aggressively during this time to make your future finances a priority. Start the conversation with Attorney Spencer today by calling our Pensacola office at 850-795-4910 or sending us an online message. 

How to Choose a Divorce Attorney

/by

When a person makes the decision to divorce, there are dozens of different things to consider, from where one will live while the divorce is pending to how issues in the divorce will be resolved and more. But before any major decisions are made, there’s something else to think about: who will provide legal representation during the divorce process. As you think about how to choose a divorce attorney to represent you during your divorce case, keep the following in mind:

Know Your Unique Needs

Before you hire a divorce attorney or even start the divorce attorney search, it’s important that you understand your unique needs relative to your divorce. For example, do you have kids? If so, then considerations about child custody and support will be part of your divorce process. Are you in a high-asset marriage? Do you and your spouse own a business that will need to be valued and divided during a divorce?

The issues pertaining to your divorce aren’t the only personal needs you should consider. You’ll also want to think about the relationship you want to have with your divorce lawyer and your involvement during the divorce process. Do you want to be involved every step of the way, or would you rather have your attorney manage the majority of the case for you?

Finally, you also need to consider your needs related to legal costs. How much can you afford to pay an attorney? Are there other sources of financial support that you can seek to help you hire the right attorney for you?

Your Attorney’s Background, Experience, and Focus

Once you have identified the things that are most important to you in a divorce and the relationship you want to have with your divorce lawyer (as well as how much you’re willing to pay), the next step is to start searching for a divorce attorney. Some important questions to ask potential lawyers are:

  • What types of divorce cases do you usually work on? Some divorce lawyers primarily work on high-asset divorce cases, others on cases involving children, and yet others on grey divorces. Make sure that the attorney you hire has experience working on divorce cases similar to yours.
  • How long have you been practicing family law? While there is nothing wrong with being a newer lawyer, as the old adage goes, “practice makes perfect.” The more experience that your attorney has, the better equipped they may be to handle complicated issues in your divorce and best represent your interests.
  • Do your cases usually settle or go to trial? It’s important to hire an attorney who is a skilled negotiator and who knows how to settle cases in their clients’ best interests. However, you also want an attorney who has represented clients in court before, too. In the event that your divorce case results in litigation, you want to be able to turn to an experienced legal representative for guidance and support.
  • How much do you charge? How much an attorney charges and how they charge (i.e. retainer fee, hourly, flat fee, etc.) is a very important consideration. Be sure that you have a clear understanding of how your attorney charges before you hire them.

Finding the Right Attorney

Before you are able to ask potential attorneys questions about their experience, background, and fee structures, you’ll need to identify them first. What’s the best way to go about finding the right attorney to represent you during your divorce case?

First, ask around – Do you have any family members or close friends who recently divorced and, if so, did they have a good experience with their divorce lawyer? Asking for recommendations is one of the best ways to identify an attorney worth hiring.

Second, conduct a local search online. Once you identify a few attorneys near you, read client testimonials and check out lawyer review sites, such as Martindale-Hubbell. If an attorney has strong reviews, it’s worth calling them and setting up a consultation.

Reach Out to the Office of Crystal Collins Spencer, Attorney at Law Today

No matter how ready you are, getting a divorce is hard, and going through the process on your own isn’t just a risky legal move, it’s also something can be emotionally draining as well. At the law office of Crystal Collins Spencer, Attorney at Law, our Florida divorce lawyers are here to help. Please call us today at 850-912-8080, send us a message telling us more about your case, or stop by one of our offices in Pensacola, Sandestin, or Fort Walton Beach today.

Can I Modify My Divorce Decree?

/by

Even though your divorce seems final, there are certain circumstances that might allow you to change aspects of your divorce decree in Florida. When you experience dramatic life-changing events, it may be necessary to request this change.

It might be tempting to do this informally by trying to work out an agreement with your ex-spouse on the side. Unfortunately, the courts don’t look kindly on these agreements. They are not enforceable by the courts and could cause problems later should the relationship between you and your ex deteriorate.

Appealing a Florida Divorce

A Florida divorce appeal is not the same thing as a modification. If you aren’t happy with the terms of your divorce, you can appeal the decision. This is not a simple process, and there are specific time limits for making these appeals. A Florida family law attorney can explain your rights and options.

What Types of Events Qualify for Post-Divorce Modification?

Anyone who wants to modify a Florida divorce decree is required to show that there has been a substantial change in circumstances since the decree was entered. Florida law specifies that this would have to be a permanent and material change that wasn’t anticipated at the time of the divorce.

You may be able to get the courts to modify terms of your child support, custody, or alimony agreements depending on your circumstances. Some of the events that might qualify for a post-divorce modification include:

  • A substantial change in income (usually 15% or more) or in the ability to make payments
  • An unavoidable increase in health insurance or other healthcare costs for children or parents
  • One parent moving a substantial distance from the other
  • Remarriage or cohabitation of a spouse that is receiving alimony

How to Get a Post-Divorce Modification in Florida

There are just two ways to modify a divorce decree in Florida, whether dealing with alimony, child custody and visitation, or child support. You can come to a mutual agreement with the other party before you file your request, or you can file a petition for modification.

Obviously, the preferable way to handle a modification is for the two parties to agree to the new terms. This might take some time and negotiation, but it is worth the alternative. If you can’t agree, your attorney will file a petition for modification, which is similar to a lawsuit.

When both sides lack agreement, there is a much longer road ahead before these issues can be resolved. The party filing the petition will need to have the other side served and then wait 20 days for a response. There is a period of discovery, a mediation to try to settle the matter, and then a court hearing. If you end up in front of a judge, they will listen to all of the evidence and then make a decision on your case.

These cases sometimes have substantial delays if they have to go to hearing. If a judge approves a modification and there are payments due to one spouse or the other, these are generally retroactive to the date the petition was filed.

Increase Your Chances for Success With a Modification Request

The Florida family law courts will not grant every request for modification. You will have a much greater chance of success with your request if you can show that you have completely held up your end of the agreement since it was first approved. For example, you should adhere to scheduled payments and all custody or visitation agreements.

If your circumstances haven’t materially changed and you just have a dispute with your ex-spouse, the courts are not going to approve a modification request. If you are unsure about whether you qualify for a modification or if this is the right step for you, it’s a good idea to speak with a qualified family law attorney about your situation.

Get Help Now with a Florida Post-Divorce Modification

Although your original divorce decree reflected your life at one time, it may not accurately reflect your current circumstances. Even if you and your ex-spouse come to an agreement about certain changes, they must still be reflected in your official documents with the court system.

If you need to modify your divorce decree or oppose any changes, the experienced Florida family law attorneys at Spencer Law, P.A., can provide you with sound advice and will protect the interests of you and your loved ones.

Contact us now at 850-912-8080 or reach us online to schedule an initial consultation.

I Hired A Family Attorney, Now What?

/by

Whether you decide to hire a lawyer due to divorce, a family dispute, medical child custody, or for some other issue, you’ll want to make sure there is excellent communication between you, your lawyer, and all parties involved. Here are some tips on how to stay on top of your case after you hire a lawyer.

Answer Questions Truthfully, in a Timely Manner

When you hire a lawyer you will have an initial meeting or sometimes more than one meeting to get down the basics of your case and give your lawyer as much information as you can. However, as the case moves along your lawyer will likely need more information from you. To stay on top of your case it’s important to provide your lawyer with the requested information in a timely manner so he can proceed with your case. It is equally as important to answer all questions truthfully and to the best of your knowledge.

Do Whatever You are Required to Do

In some cases, such as a personal injury case, you may need to attend medical appointments, follow a treatment plan, and take prescribed medication. Failure to do so may affect the outcome of your case. In other instances, you may need to communicate with your insurance company or contact someone to get more information that only you can secure. Do whatever you are required to do to stay on top of your case.

Set Up Regular Meetings

Whether by email, phone, or in-person, schedule regular meetings with your lawyer to discuss the progression of our case and discuss how your case is progressing. At this time ask any questions that may have come up since your initial meetings or since your last scheduled meeting. Part of a lawyer’s job is to clarify information and explain what things mean to a lay person.

Refrain from Social Sharing

Another way to stay on top of your case is be discreet with your outside communication when necessary until your case is settled. Refrain from sharing subject matter related to your case on social media, or from discussing your case with anyone other than your lawyer. This will ensure that information that shouldn’t be shared stays in the proper hands.

Get a Fee Agreement in Writing and Pay Your Bills on Time

Disputes are common between clients and lawyers when fees are not in writing and clearly spelled out for both parties. Make sure to get a fee agreement in writing and signed by both you and your lawyer. If anything is vague or confusing, ask for explanation and rewording when necessary.

Once you agree on a fee schedule, pay your bills on time. This keeps fees from building up and keeps a feeling of goodwill between you and your lawyer. It also allows your lawyer to continue working on your case.

Report Unethical Behavior Immediately

You can expect your lawyer to follow a code of ethics that includes:

  • Attorney-client privilege
  • Client loyalty in representation
  • Conduct themselves within the bounds of the law
  • Refrain from engaging in criminal activity
  • Perform duties competently and to your satisfaction
  • Put your interest ahead of themselves

In Florida, The Department of Lawyer Regulation under The Florida Bar, which is an official arm of the Florida Supreme Court, is responsible for disciplining lawyers and other legal professionals. They enforce rules of professional conduct, accept complaints, investigate complaints, and prosecute at fault attorneys. They operate the Attorney/Consumer Assistance Program (ACAP) which can be contacted by phone or by filling out a complaint. They have a FAQ section and publish information for consumers concerning attorney discipline.

If your lawyer is found guilty, disciplinary actions can result in fines, suspension, or revocation of the license to practice law.

We Help You Stay On Top of Your Case

At Crystal Collins Spencer, Attorney at Law, we know how important it is to have excellent communication between lawyer and client and to follow the rules of ethics when practicing law. We can help you stay on top of your case once you hire us. Contact us or give us a call at 1-850-912-8080 for more information on how we can serve you.

Causes of Truck Accidents

/by

Trucking accidents are tragically common throughout Florida and the rest of the United States. To be sure, statistics provided by the Florida Department of Highway Safety and Motor Vehicles show that 4,812 truck crashes that led to injuries, as well as 222 that resulted in fatalities occurred in the state in 2015. Of course, because trucks can weigh up to 80,000 pounds, accidents involving these large vehicles lead to catastrophic property damage, as well.

Directly after a truck accident in Florida, accident victims or their loved ones are tasked with filing a claim or a personal injury lawsuit in order to obtain the compensation that they deserve. In order to do so, however, it is necessary to have a comprehensive understanding of the various causes of trucking accidents, as well as who may be held liable.

Naturally, truck driver negligence is often a contributing factor in many accidents. That being said, a number of other factors may be involved that can be used to recover damages in claim or lawsuit.

Driver Negligence

As mentioned above, truck driver negligence is often a contributing factor in trunk accidents. Indeed, a significant number of crashes are caused due to the truck driver operating the truck in an unreasonable fashion. While it’s impossible to list all of the potentially negligent driver actions, a few other factors that may lead to a wreck include:

  • Speeding;
  • Texting while driving;
  • Driving under the influence of drugs or alcohol; and
  • Driving while fatigued.

Ultimately, any of the actions listed above may be highlighted in a personal injury claim in order to hold a driver liable. However, some of the aforementioned actions may signify liability on behalf of the driver’s employer, as well. Specifically, if a trucking company incentivizes a driver to complete a trip in an unreasonable amount of time, and the driver chooses to speed, or drive without getting enough sleep in order to complete the distance, the trucking company could likely be held liable for their negligent actions in these cases.

Defective Truck Parts

Additionally, a sizeable portion of crashes could be attributed to defective truck parts. For example, a truck accident may be caused by a tire blowout, by defective brakes, or by any other piece of equipment in the truck that may have been manufactured or serviced in a faulty manner.

The party responsible for a defect may not always be apparent, however. Take, for example, a crash caused by faulty brakes. Here, the defect may have been the result of negligence on behalf of the manufacturer or the distributor; or, it may have arisen due to the negligence of maintenance personnel who serviced the truck. In light of this information, because of the complexity of these cases, anyone injured in a truck crash is highly advised to speak to a legal professional before moving forward.

Shipping Company Negligence

Finally, a vast number of truck accidents are caused by shipping company negligence, as well, often in the form of overloading. For exaple, many shipping companies may attempt to overload the truck with goods in order to increase their profits without the need for taking additional trips. And, sadly, this puts the lives of others at risk; overloaded trucks may tip over, leading to devastation on the highway. In this case, the shipping company could be held liable in a personal injury lawsuit in order to acquire adequate compensation for damages.

Have You Been Injured in a Truck Accident?

If you have sustained injuries in a truck accident in Florida, we can assist you in filing a claim or personal injury lawsuit against the responsible parties. At the office of Crystal Collins Spencer, Attorneys at Law, our dedicated attorneys are standing by, eager to help you throughout each step of your case. Don’t hesitate to reach out to us for a consultation on your case by calling 850-912-8080 (Pensacola), 850-424-6683 (Sandestin), or 850-200-4652 (Fort Walton Beach).

How is Child Support Calculated in Florida?

/by

The issue of child support is often one of extreme importance for divorcing spouses in Florida. To be sure, child support, which is payment from one spouse to the other for the support any shared children, is necessary to ensure their well-being.

In the Sunshine State, Florida Statute 61.30 sets forth guidelines for how child support should be calculated in a divorce case so that both spouses are providing an equitable portion for their shared children. That being said, anyone who is seeking a divorce in Florida and may be ordered to pay or receive child support should familiarize themselves with these calculations to help them be prepared for what is to come.

Calculating Child Support in Florida

Ultimately, calculating child support in Florida begins with an accounting of the divorcing spouses’ combined monthly income, as well as how many children will be supported between the pair. For example, if a divorcing couple earns a combined monthly income of $3,000, and they have one child, the spouse with a lesser degree of parental responsibilities may be ordered to pay $644 to the other. Using the same example, if this same couple had two children, the award would be $1,001 per month; and if they had three children, this number would increase to $1,252.

Of course, the child support calculation will increase along with the combined monthly income. Consider a couple that earns $5,000 per month; if they had one child, the support award would amount to $1,000, and for two children it would be $1,551.

It is important to note that the child support guidelines as set forth by Florida law only apply to divorcing parents whose combined monthly income is greater than $800 but less than $10,000. For those parents who earn less than $800, a monthly child support award will be determined by a judge on a case-by-case basis. The law does include calculations for those who earn more than $10,000. Instead, it states that the child support obligation is the minimum amount of support provided by the guidelines, along with an additional percentage multiplied by the amount over $10,000. In this case, the percentage would increase along with the number of children.

Finally, it is also necessary to understand that these are not exact calculations; instead, they are guidelines that a family law judge is required to consider when awarding a child support amount. That being said, a judge may order a child support award five percent larger or smaller than the guidelines include. Furthermore, in certain circumstances, the judge may order an award that differs by a greater amount, however, they must also include a written finding explaining their decision.

Modification of a Child Support Award in Florida

Many parents are under the impression that once a child support award is ordered, it must continue until the child becomes an adult. This isn’t the case, though; instead, Florida law allows for modification of a child support award for a number of reasons. For example, if one parent loses their job or other source of income, they may petition to pay a lower amount each month. On the other hand, if the paying parent receives a promotion or their income increases, the recipient may petition for a greater award in order to reflect the changes.

The Assistance of an Attorney is Invaluable in Child Support Cases

Overall, the importance of working with an attorney in a child support case cannot be overstated. Parents who represent themselves run the risk of losing out on child support money that they are rightfully owed, or being stuck with a monthly payment that is well above their means.

If you need help with a child support case in Florida, we can help. At the office of Crystal Collins Spencer, Attorneys at Law, we have significant experience assisting clients with all issues related to family law. Call us today for a consultation on your case at 850-912-8080 (Pensacola), 850-424-6683 (Sandestin), or 850-200-4652 (Fort Walton Beach).

Teen Drivers & Distractions in Florida

/by

According to the National Highway Traffic Safety Administration, 60 percent of all accidents caused by teenage drivers occur due to some type of distraction. This is an alarming statistic, especially when you consider the inexperience of the typical teenage driver. The 60 percent figure is three times the rate of accidents caused by distracted drivers in all age groups.

Florida Regulations for Teen Drivers

Like many states, Florida has a graduated system for teen drivers. That means they earn greater driving privileges the longer they have held a license and not had an accident. The minimum age to receive a driving permit in Florida, also called a learner license, is 15. To receive this provisional license, the 15-year-old must pass tests for rules of the road and road signs as well as complete a course on substance abuse and pass a vision and hearing test.

A teen with a learner license is limited to driving during daylight hours only for the first 90 days. Additionally, an adult licensed driver age 21 or older must sit in the passenger seat. No one else can be in the car. After that, he or she may not be on the road driving past 10:00 p.m.

To qualify for a Florida driver’s license, a person must have reached his or her 16th birthday and have held a learner license for a minimum of one year. He or she cannot have had any violations while driving with a permit. Additional requirements include proof of 50 hours of driving instructions, of which at least 10 must have been at night. Finally, the teen driver needs to pass a road test given by a state examiner.

Once licensed, 16-year-old drivers can only be on the road between 6:00 a.m. and 11:00 p.m. unless on their way to or from work. At age 17, the time restriction increases to 5:00 a.m. to 1:00 a.m. The teen driver must have a supervisor when driving outside of these hours. At age 18, the state lifts all time and supervision requirements.

Teenagers Still Drive Distracted Despite Repeated Warnings

Driver’s education courses for teenagers make a point of discussing the dangers of distracted driving and the consequences for doing so. Despite this, some teenagers don’t have the maturity to put away their phone so they’re not tempted to text, use Snapchat, or browse social media while behind the wheel. These are just some of the most common distractions for young people. Others include:

  • Changing the radio station or getting absorbed in the music: Young people often underestimate the time they take their eyes off the road while changing the dial on their car’s radio station. Unfortunately, it takes less than a second of distraction for a serious accident to occur. It’s also common for teens to sing or even dance along to the music to the detriment of paying attention to the road.
  • Passengers in the car: Carrying on conversations with other people in the car can be distracting for any driver, but it’s especially problematic for teens when their passengers are other teens. In fact, 15 percent of all driver distraction accidents caused by teenagers is due to paying more attention to passengers than the road.
  • Grooming, eating, or drinking: These activities take the focus off what’s ahead of the teen driver and put them on the object of his or her attention. Approximately 12 percent of crashes with teenaged drivers involve one of these activities.
  • Sights outside the car: A road sign, someone jogging down the road, or work at a construction site are common examples of things that may pull the teen driver’s attention away from driving. Due to their inexperience, teen drivers are more apt to overcorrect when their attention returns than older drivers.

 

Have You Been Injured by a Teenage Driver?

Sustaining injuries in any type of auto accident can be traumatic. However, there are specific legal challenges when the driver of the other car is a teenager. Is the teen driver responsible or does the fault lie with his or her parent? This is just one question that Crystal Collins Spencer will help you answer when you pursue a personal injury lawsuit. We invite you to contact her law office in Pensacola at 850-912-8080 to request a free, confidential case review.

 

Injured By An Aggressive Driver

/by

It seems like everyone is in a hurry these days, including drivers on Florida roads. Whether it’s from stress, a self-centered attitude, or because they’re running late, aggressive driving has become a serious problem across the country. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that aggressive driving is the cause of two-thirds of all traffic fatalities every year.

Unfortunately, the NHTSA also reports that half of all drivers who encounter aggressive driving from someone else on the road respond with a rude gesture of their own. While it can be difficult to maintain composure in these situations, it only makes things more dangerous to respond in kind. NHTSA defines aggressive driving as behavior by a driver that is violent or visibly angry.

Florida’s Statutes on Aggressive Driving

While it’s frustrating to deal with the aggressive driving behavior of other motorists, the good news is that Florida is cracking down on this problem. It is one of 15 states nationwide that has enacted legislation around aggressive driving. Under Section 316.1923 of the Florida State Statutes, a motorist can be charged with aggressive driving if he or she engages in at least two of the following acts while behind the wheel:

  • Tailgating or following another vehicle too closely
  • Driving too close to the side of another vehicle or a bicycle
  • Speeding
  • Failing to yield the proper right of way
  • Not obeying traffic control devices
  • Improper passing
  • Illegal passing
  • Changing lanes in an unsafe or illegal manner
  • Racing another driver
  • Repeatedly failing to signal a turn or a lane change
  • Not following posted traffic laws

 

Any one of these actions can cause a serious accident. However, the Insurance Institute for Highway Safety reports that speeding is the leading cause of fatal crashes across the country.

Aggressive Driving is Not the Same Thing as Road Rage

People understandably feel upset when they find themselves the victim of an aggressive driver. Some assume that the other party in the accident committed road rage when this typically isn’t the case. Both types of behavior are illegal, but aggressive behavior is a civil offense while road rage is a criminal one. When you’re injured by an aggressive driver, you would seek justice by filing a personal injury lawsuit.

Examples of road rage would include a driver who becomes so angry after an altercation on the road that he or she takes out a gun and starts shooting or uses his or her personal vehicle as a weapon to run someone over. Road rage is an extremely serious matter that typically results in jail time and other sanctions for the driver who perpetrates it.

What to Do When You’re Involved in an Accident with an Aggressive Driver

You should follow the same procedures for this type of auto accident as you would with any other type. That means you should exchange information with the other driver, file a report with the police and your insurance company, take pictures at the scene, and obtain statements from any witnesses. You may find that the aggressive driver who caused the crash is unwilling to cooperate afterwards. If so, obtain as much information as you can and report the incident to your local police department.

The most important thing you can do if you’re injured is to seek immediate medical attention. Be sure to keep a record of the dates and times of your appointments as well as the doctor’s prescribed treatment. If you’re considering filing a personal injury lawsuit, be sure to keep all medical bills you receive for treatment related to the accident.

You Deserve Fair Compensation for Your Injuries

A car accident can cause extreme financial stress. Besides the seemingly never-ending healthcare expenses, you’re also missing time from work and may need to repair or replace your vehicle as well. Crystal Collins Spencer, Attorney at Law, understands the frustration of car accident victims. She will work hard to pursue your right to fair compensation due to the aggressive driving actions of the other party. Please contact the office nearest you for a free initial legal consultation. Ms. Spencer maintains law offices in Pensacola at 850-912-8080, Sandestin at 850-424-6683, and Fort Walton Beach at 850-200-4652.