Brent Allan Rose's Answers

Brent Allan Rose
Tampa Family Law Attorney.
Contributor Level 17

4

Attorney answers:

  1. Brent Allan Rose
  2. John Stephen Hager
  3. Maurice N Ross
  4. Daniel Nathan Ballard

What are the laws effecting mug shot websites?

Asked by a user in Palm Beach, FL - about 1 month ago.

You're asking the wrong question. The question isn't, "what law allows it?" but, "what law prevents it?" Currently, there are several companies (one in particular) that obtain all the information you've described from legitimate public records sources and post them on their websites. No Florida or federal law prohibits the reposting of publicly-available information. The websites, of course, refuse to remove the criminal information, even if the criminal record has been expunged or sealed...

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Attorney answers:

  1. Brent Allan Rose
  2. Paula Brown Sinclair
  3. Juna Madray Pulayya

How do I skip divorce mediation?

Asked by a user in Boca Raton, FL - 3 months ago.

If you and your husband have agreed to everything, the two of you need to complete and file a Marital Settlement Agreement. You can find a form for one at www.flcourts.org. The online form is a little complicated, and you may find some better ones at other websites, but make sure you find one that works for Florida. If you have minor children, you'll also need to complete a child support guidelines worksheet and a parenting plan (there are excellent forms for those at www.flcourts.org)....

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Attorney answers:

  1. Brent Allan Rose
  2. Linda Yin Liang
  3. Melissa Angeleah Tracy

I just got me seperation agreement

Asked by a user in Pensacola, FL - 4 months ago.

What people say and what they put in writing are often two very different things. If you don't agree with what he proposes, you can outright refuse his offer and go to trial or make him a counter- offer.

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Attorney answers:

  1. Ivan Jose Parron
  2. Brent Allan Rose
  3. Gordon Philip Firemark
  4. Bruce E. Burdick

Right to use Copyrighted Material

Asked by a user in Winter Park, FL - 19 days ago.

Do you mean you want to use songs that you download to your normal iTunes account (or something similar) as background music for a slideshow of your photography you'll be posting on YouTube or a similar website? Yes, that would be a copyright violation. The copyright license you receive for downloaded music doesn't include the right for you to rebroadcast that music for your own creative works.

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3

Attorney answers:

  1. Brent Allan Rose
  2. Wendy Anne Mara
  3. Joseph Gufford III

What constitutes good grounds for objecting to or moving to strike a notice of non-jury trial filed in a family case?

Asked by a user in Stuart, FL - about 1 month ago.

There is no requirement that temporary relief occur, so that wouldn't be a good ground to strike the notice. When you say, "discovery," are you including mandatory disclosure? If the parties haven't just sat around and ignored deadlines on mandatory disclosure and haven't just delayed a couple of months or more on discovery and setting depositions, it's probably fair to say the case isn't ready for trial. If the case has sat around for a couple of months or more with nothing happening, the...

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3

Attorney answers:

  1. Brent Allan Rose
  2. Peggy Margaret Raddatz
  3. Robert Ricci

Can a computer be supoened in divorce

Asked by a user in Hialeah, FL - 7 days ago.

The contents of a computer may be subpoenaed.

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Attorney answers:

  1. Brent Allan Rose
  2. Debra G Simms
  3. Stuart M. Address

Can a signed mediation agreement be changed by one party if the other party is against it?

Asked by a user in Eastpoint, FL - 3 months ago.

I'm not sure your mediation agreement is being changed. It sounds like you and your ex agreed to do something you didn't have the authority to do, that is, you agreed that his wife would sign the boat back over to him. She wasn't part of the mediation agreement, so she isn't bound to do anything. But, if she agrees that you can have a lien on her boat, I'm not sure it makes any difference. It may be that your ineterest is protected anyway. However, if your interest isn't protected--I can't...

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Attorney answers:

  1. Zonald Evan Spinks
  2. Brent Allan Rose
  3. John Arthur Smitten

Divorce.....Child support in Florida..what exactly is the net income

Asked by a user in Tampa, FL - 3 months ago.

"Net income" means the net income calculated from the Florida Financial Affidavit Worksheet, Form 12.902(b) or (c), depending on the party's income level. Assuming your spouse has properly and truthfully complied with the requirements of discovery, your spouse should have filed that form after signing it under oath, and you should be able to pull the number right off your spouse's affidavit. If your spouse hasn't filed the financial affidavit, you'll either have to file a Motion to Compel or...

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Attorney answers:

  1. Brent Allan Rose
  2. Thomas R. Peppler
  3. Howard M Lewis

My divorced papers state that my exhusband is supposed to pay child support until they are 18 but if they go to college 21.

Asked by a user in Apopka, FL - 4 months ago.

You'd be filing a motion for contempt/enforcement and a petition to domesticate your New York divorce judgment (or decree or whatever they call it in New York). Normally, you wouldn't be able to do your motion for contempt on a New York divorce in Florida, but since you both live in Florida, Florida courts are allowed to take jurisdiction of your case. Since domestication is a little bit more complicated than a basic motion for contempt, you'll want to get a Florida lawyer to help you.

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Attorney answers:

  1. Brent Allan Rose
  2. Charles Ray Maxwell II
  3. Angelina Maria Monte Zinn

My ex husband quit his job and now owns his own business, and he has not paid child support in the last 6 months. What can I do?

Asked by a user in Fort Lauderdale, FL - 4 months ago.

I agree with what Attorney Zinn has suggested, and I also commend you for keeping a journal in case timeshare ever becomes an issue. Especially in case he attempts to reduce his support, you should hire a lawyer. We often have ways of proving income for those who are self-employed. We're used to people trying to claim a lesser or no income when they become self-employed.

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