Thomas H. McGowan's Answers

Florida Child Support End

In Florida if a child turns 18 during his or her senior year of high school, the person paying child support is required to pay child support through graduation in June of the following year even though the "child" is 19. The language of this agreement is poorly drafted and it runs contrary to the law. If the court adopted it, it should not have, and whoever drafted it should also have known better. In my opinion the "whichever occur first" would not apply to the child' eighteenth birthday.

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Suing to regain retainer

Take a look at your contract. My understanding of a "non-refundable retainer" is not that it is non refundable, but that the attorney can ut the money into his or her operating account immediately and start working on the case. A regular retainer should go into the trust account and then be drawn out only when the work is done. This is a tedious process, and that is why the "non-refundable retainer" concept is popular among lawyers. You should write your lawyer and request that he or she...

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Child support

Fla law requires that child support continue for an eighteen year old until he/she finishes high school. If the child is not in school eighteen is the cut off date.

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Billing

Unless the lawyer has a written contract signed by you allowing his firm to re-use your charge card whenever their retainer is used up, this is not a lawful act. Notify the lawyer IN WRITING that this is unacceptable, and notify your crdit card company that you dispute the charge. You shoud also request in writing copies of all the time sheets and expenses they have charged to you. This may also be something you should report to the Florida Bar. BEfore you do anyhing, however, check your...

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Drafted into service?

The short answer is no. In many cases, however the judge will cut a young person facing a criminal charge a break by droppong the chrge if the kid promises to join the military.

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Is a temporary child custody order granted in FL state valid in all 50 states?

Check to see if Pennsylvania has adopted the Uniform Child Suctody and Support Act. A quick call to any divorce lawyer in Philadelphia will get you the answer (you can also have your Fla lawyer check this. If Pennsylvania, like most states, has ratified this act, then al you have to do is go to court in Florida and get an order directing him to return the children to this state, and then have a certified copy delivered to a lawyer you hire in Pa. to enforce it, and the Pennsylvania courts...

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QUIT CLAIM DEED TO FINALIZE DIVORCE

You got bad advice when you signed the settlement agreement. The loan should have been locked in first, but that is water under the bridge. Hire a new lawyer and file a motion for contempt on the grounds that no efforts were made to refinance. You may also wish to try to set aside the final judgment and get an order that the house be partitioned and sold with you getting the benefit of the equity you would have receoved back when the market was still strong.

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Estate and wills

This is a no brainer. Find an estate awyer in Bradenton and have the will drawn up. It should not be all that costly. I would offer you my servics, but I am in St. Pete, and you'd probably spend as much on gas as you would on legal fees.

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Advertizing ad mistake

I echo the previous answer. This is a problem more common than you think, and in my experience the fine print on these contracts often require you to pay even if the ad was misplaced or was otherwise not what you ordered. Keep in mind they have the power to shut off your telephone if you don't try to work something out, and most certainly they can bury you with legal resources if you take them to court. That said, most of the time they wll work with you, reduce your rate and will make you...

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False Detainment by Florida Shopping mall security.

First of all you are not going to attract anyone to help you with your attitude. Florida law dos allow retailers to detain people they suspect of shoplifting or other crimes. If that is the case you need to hope there is a tape device in the store what you can get to show what happened, otherwise its going to be your word against their word. When you say they defamed you in print, I am unsure what you mean. If they filed a plice report it probably is not defamation. If they posted...

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