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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! |