The Fourth Amendment guarantees a person the right not to be unreasonably searched. Much of the law interpreting and applying the Fourth Amendment in various criminal cases was created before a person could carry a huge variety of personal details about their life in a palm-sized cellphone. Two considerations are at the heart of these...
Many unmarried couples today view home ownership as a highly desirable goal for the same reasons that married couples want to own their own home. The purchase of a home by an unmarried couple is more legally complicated, however, than a married couple’s home purchase. There is no question that if you are close to...
Florida has a well-deserved reputation as a haven for debtors. One of the state’s most attractive offerings is Florida’s constitutional exemption of homestead property from forced sale by creditors. Residents of other states who find themselves unable to pay their debts often decide that Florida offers an unbeatable combination of sunshine, beaches and protection from...
When alimony and/or child support arrearages accrue after a divorce, sometimes the only asset of value owned by the former spouse is his or her pension/retirement accounts. However, your former spouse may be far from retirement age. Fortunately, there is still a way to demand payment of the support arrearage from your former spouse’s pension/retirement...
Garnishment is a collection remedy in Florida that can be used to collect on support arrearage debts. If your spouse is employed, an income withholding order is usually entered, triggering automatic payroll deductions for support owed. But what if your former spouse doesn’t have an employer? You may be searching for a way to collect...
A former spouse owes you an equitable distribution equalizing payment as a result of your divorce, but he or she never makes the payment, or only partially pays you. What can you do? In a family law case, garnishment of wages and or personal property is one method of collecting debts owed to you by...
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