PAST CASES FISHER'S LAW OFFICE HAS HANDLED

Disclaimer: Pursuant to Florida bar Rule 4-47.6 computer access communications we are required to inform you of the following:
      Ralph B. Fisher is an attorney in the state of Florida. He is licensed to practice law in Florida.
      Fisher’s Law Office, PA is located in Lutz, Florida.
      This portion of our web-site is considered to be “communication made at the request of a prospective client.” By scowling down this page you are affirming that you have read and understand the following additional disclaimers:
      The information below deals with prior situations that Fisher’s Law Office as handled and the information has not been reviewed or approved by the Florida Bar.
      There may be past results provided below and you acknowledge that the fact and circumstances of your case may differ from those that are given below.
      All results are not provided. Moreover, the results are not necessarily representative of all results obtained by our law firm.
      Every case is different and each client’s case must be evaluated and handled on its own merits.



Here are some examples of past cases that Fisher's Law Office has handled and the outcome:

1. A woman is sued by her ex-husband and she defends herself. An elderly client whose husband has been employed as a truck driver came to Fisher's Law Office, P.A. She was being sued by her former husband to reduce her $100.00 per week alimony. She offered to lower the alimony to $50.00 a week so as to not go to trial but her former husband insisted on having a trial.

After a lengthy battle, the court awarded her $5,000.00 in attorney's fees and made her former husband continue to pay her the $100.00 a week and ordered him to pay an additional $25.00 a week to make up for the time he had missed paying her during the litigation.

2. A man with a valid Prenuptial Agreement is sued for divorce. A well-known attorney from another state who had moved to Florida was sued for divorce. He had a properly written Prenuptial Agreement which his wife challenged. He offered to give her $25,000.00 to leave him alone and to consent to an uncontested divorce. She refused. The case went to an all day trial.

During the trial, it came out that the wife had personally corrected grammar and made substantive changes to the Prenuptial Agreement. It was also determined that full financial disclosure had been made. The court upheld the agreement and gave the woman no relief. The judge also denied the woman all attorney's fees and Fisher's Law Office's client was very happy.

3. A client's child support withholding was kept by his employer. Our client discover-ed that his employer was refusing to pay the money deducted to his former spouse for child support. When Fisher's Law Office filed for a contempt against the former employer, the employer went bankrupt.

Fisher's Law Office went to bankruptcy court and had the "stay" lifted in order to impose a jai sentence on the employer. The employer eventually paid all of the child support owed and began to properly deduct and pay over the monies to the client's former wife.

4. The IRS takes a woman's earned income credit (EIC) and personal exemption. A divorced woman using her former husband's last name came to Fisher's Law Office in tears. That day she'd received a threatening letter from the Internal Revenue Service (IRS). The letter said the IRS had taken her "personal exemption" and EIC away and reduced her refund from over $2,000.00 to $182.00! She needed the money for her to live on because she'd just been laid off from her job where she'd worked for 17 years.

Attorney Ralph B. Fisher read the letter and realized the problem: This client's last name on her Social Security card was different from the name on her U.S. Federal Income Tax return. Unless the two are the same, a taxpayer can't take a "personal exemption" or the earned income tax credit (EIC). Solution? We had the client call the IRS service center and explain the situation. The IRS employee asked her questions on the speaker telephone. We helped guide her answers during the conference. Our client went to the social security office and "changed" her name in their records to her "IRS name". In this case, the IRS authorized the full refund over the telephone. What is the moral to the story? Always make sure your name in the social security administration records is the same as the name you use on your federal tax return. The IRS has never enforced this before so MILLIONS of women in the U.S. are affected by this new enforcement.

5. Fisher's Law Office keeps another client on the road. Our client fell behind on his child support and had his driver's license threatened by the Florida Department of Revenue (DOR). Our client had only 15 days to file a Motion to Contest Notice of Delinquency or risk losing his ship captain's license and his Florida driver's license.

Ralph B. Fisher, attorney, filed a motion asking the court to let the man still drive and fish while he tried to catch up his child support. The most important points in the court's ruling allowing him to keep his licenses? 1) He paid what he could even though he couldn't pay the full amount, and 2) he filed a Petition for Modification requesting the court to lower his child support because of his reduced income. Moral? Always see a lawyer if you get a Notice of Driver's License Suspension in Florida.

6. A woman had a baby and her husband wasn't the father. A client had been separated from his wife for two years. During the separation, the woman had a child with another man and used the Florida Department of Revenue to sue our client seeking child support. The lawsuit was brought in a far-away county in Florida where none of the parties lived.

Fisher's Law Office got the case transferred to Pasco County, where the parties lived and CROSS-CLAIMED against the real father of the child. The real father signed an "Acknowledgment of Paternity" which Fisher's Law Office show to the judge. The judge ruled that our client was NOT the father of the child even though he was married to the mother and he did not have to pay child support.

What is the moral to the story? If you are a man going through a domestic proceeding, insist on a paternity test when you get divorced. Under the law, you have a right to a DNA test. In 25% of domestic cases filed, the accused father is not the real father. Do not be a victim of the system; get a paternity test before you pay child support.

7. A woman is harassed by her ex-husband who kept sending her e-mail demanding she give in to a list of unreasonable demands regarding the parties' children. The woman came to Fisher's Law Office for help. While talking to her, it became apparent her husband (an executive with a local company) was paying only $300.00 a month to support her two children while earning well over $60,000 a year! The child support seemed too low and it was.

Fisher's Law Office prepared a Petition to Modify the Final Judgment and raise the child support to "guideline" child support in accordance with Florida law. The child support will now be over $1,000.00 a month. The harassment of the woman has stopped and her children have the benefit of their father's improved fortune in life. If your former spouse's job or income has increased since your divorce, consider a modification action to increase the child support. It's the law.

8. A woman fights to keep her home against an ex-boyfriend. Our client foolishly allowed her former boyfriend's name to be added to the title to her house. Later, when the couple broke up, the man sued for her for his share of the house's value. His suit seeks to sell the property and divide the proceeds.

Such cases are allowed under Florida law (see F.S. 64.041) through a Partition action. With more couples living together and not getting married, this type of litigation is becoming more frequent.

Under the law, the circuit judge has the right to sell the house (F.S. 64.071) at the courthouse and give each party their fir share of the sale price based on each person's contribution to the property. (See F.S. 64.051). Plus, under the statute, attorney's fees can be awarded from the sale proceeds. Often houses sell for less than they are worth.

9. A prominent professor found a cell phone account he never authorized. Our client was a college professor with perfect credit. He received a telephone call from a cell phone company that his account was overdue. Our client didn't have a cell phone. When he called to explain this, the cell phone company threatened legal action against him if he didn't pay.

He came to Fisher's Law Office, P.A.; Attorney Ralph Fisher obtained a copy of the police report where the client had reported the matter. Our office prepared an affidavit and a demand letter directed to the cellular telephone company explaining that under the Fair Credit Reporting Act, our client disputed the debt. We sent the affidavit and the police report. After a short delay, they corrected the professor's account. The criminal was never located.

Moral: Always get a copy of your credit report and listen carefully when bill collectors call. It could be that you are a victim of identify theft.

10. A military serviceman is called to war during his divorce case. Our client was in a terrible jam. He was sent away to the Persian Gulf on active duty while in the middle of his contested divorce. He came to Fisher's Law Office and asked for help. We advised our client to have filed a "Motion to Stay Divorce Proceedings". Under the Soldiers and Sailors Relief Act of 1940, our client would not have to appear in civil court while he was away at war. The court granted the stay and the case is frozen until our client returns from the war.

11. A restaurant recovers money paid a radio station. Our client, the owner of a popular restaurant, sued to recover for advertising that hadn't been delivered. The client lost the case. The client asked Fisher's Law Office to file a motion asking the judge to "re-hear" the case. The rehearing was granted and eventually a new trial took place. The client won the second trial and the defendant paid the judgment.

12. A woman obtains possession of her deceased son's German Shepherd dog. Our client, a loving mother, was appointed by the court to oversee her son's estate. One of the assets was her son's dog. A younger woman who knew her son refused to give up the dog. After a trial in circuit court, the judge ruled for our client. The dog was brought to our client three days before Christmas!


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