Michael Ernest Chionopoulos’s Answers

Michael Ernest Chionopoulos

Fort Myers Litigation Lawyer.

Contributor Level 8
  1. Can I appeal a final custody order?

    Answered almost 2 years ago.

    1. Heather Morcroft
    2. Michael Ernest Chionopoulos
    3. Timothy A. Provis
    4. Anne Whalen Gill
    5. Eric D. Strand
    5 lawyer answers

    You can appeal any decision within 30 days of it being filed. However, the standard on appeal for questions of fact --- which you raise --- is "abuse of discretion." In other words, if there is any evidence to support the trial judge then the appellate court will not overturn the deicision. First, the only appellate issue I see is "I don't like what that judge done." While I can understand your frustration --- especially when it comes to your child --- that is not a winning appellate...

    3 lawyers agreed with this answer

  2. What constitutes waiver of an agreement? Read below and advise if the act by Comp. B counts as a waiver of a contract provision.

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Michael Charles Doland
    3. Neil Pedersen
    4. Michael Ernest Chionopoulos
    4 lawyer answers

    Like Attorney McCall, I am a bit concerned that this may be a homework assignment. With that in mind I will tell you: 1) This should not be listed under the genre of "constitutional law" (which tells me if it is a homework assignment it is not from law school); 2) While there are general contract principles, the same are only used when the contract itself is silent as to the issue; 3) No one can answer that question without seeing the contract itself, assaying the language contained therein...

    4 lawyers agreed with this answer

  3. Can i vote out an owner in a corporation

    Answered almost 2 years ago.

    1. Joseph Robert Gosz
    2. Brad Kenneth Saunders
    3. Michael Ernest Chionopoulos
    4. Barry Evan Haimo
    4 lawyer answers

    Yes --- you can vote out an "owner" of a corporation, but only if you own more of the stock. In other words, if the owner you seek to vote out owns more than 50% of the corporate stock, the answer is "NO." You cannot vote our a person who has "controlling" interest in a corporation because it normally takes --- at the very least (and perhaps more) --- a majority of the shares to take such action. This answer is "general." In order to render an opinion about any given company, I would need...

    2 lawyers agreed with this answer

  4. What happens if I can no longer pay child support?

    Answered over 2 years ago.

    1. Thomas R. Peppler
    2. Brent Allan Rose
    3. Michael Ernest Chionopoulos
    4. Mary Katherine Brown
    4 lawyer answers

    If you have been "court ordered" to pay child support, not paying can result in a "contempt of court" charge. It would be a "civil" (as opposed to "criminal") contempt of court - sometimes also referred to as "indirect" contempt of court. The goal of civil contempt to to coerce the contemptor into compliance. The Judge cannot "punish" for indirect or civil contempt. The "key to the jail is put into the contemptnor's hands" - in other words you can leave any time you want ... as soon as you...

    2 lawyers agreed with this answer

  5. I get a car allowance amount included on my pay check, will that be considered as income when calculating child support and alim

    Answered almost 2 years ago.

    1. Hillary Johns
    2. Michael Ernest Chionopoulos
    2 lawyer answers

    Your car allowance could be considered "payment in kind" or a "fringe benefit" --- in which case it would count. On the other hand, it could be considered "reimbursement" for expenses. The answer depends on whether you are self-employed or employed by a company. It also depends, if you have an employment contract, what the contract states. The way that payment is characterized by an accountant, i.e. the purpose for which you were paid, could also impact the determination. I would need more...

    Selected as best answer

  6. I would like to Sue the U.S. Army

    Answered about 5 years ago.

    1. Michael Ernest Chionopoulos
    1 lawyer answer

    First, this answer does not constitute legal advice and does not establish an attorney client relationship/privilege. WIth that understanding, and as a 27 year Army Officer myself, I can tell you that your best option is not a "legal" one. Rather, if your chain of command is not helping you - as they should - go to your US Senator's office. Each Senator has a military liasion officer, who handles only military issues. They know the regulations and procedures as good as most JAG officers....

    3 people marked this answer as helpful

  7. Married for 2 1/2 yrs and going through a seperation. I live in Florida and I have had my 401 for 13yr can he get my 401?

    Answered almost 2 years ago.

    1. Omar Jose Famada
    2. Michael Ernest Chionopoulos
    3. Daniel Seth Williams
    3 lawyer answers

    The marriage is "short term" and, therefore, he should not be entitled to alimony of any kind. As for the 401K, it will largely depend on whether you put his name on it or not. If not, they he will not be entitled to any portion of it before the marriage. However, since you and/or your employer likely contributed to it during the marriage, at least part of it was paid for with "marital funds" (money earned during the marriage are "marital finds" even though that is not fair under all...

    1 lawyer agreed with this answer

  8. Florida eviction disabled person family owned verbal agreement and now they want evict

    Answered almost 2 years ago.

    1. Barbara Billiot Stage
    2. Michael Ernest Chionopoulos
    2 lawyer answers

    While it may be difficult, you can attempt to show that the home is "marital property" by the conduct of the parties. That is not likely to be successful. However, there is an element of "fraud" lurking in the shades of your statement. It seems that your husband and his parents would not want to face allegations of fraud ---- especially ones that may have tax implications. I am NOT suggesting that you "black mail" anyone or state that if they give you what you want you will not "tell on...

    1 lawyer agreed with this answer

  9. Child support arrest order

    Answered over 2 years ago.

    1. Michael Ernest Chionopoulos
    1 lawyer answer

    This is always an issue when the non-custodial parent has left the state. Typically, other jurisdictions are not interested in executing the arrest warrant. Most law enforcement agencies view the orders of other courts as "not my problem." Moreover, the agencies are always concerned - almost exclusively - about funding. If law enforcement in, say, Ohio, arrests a person on a Florida warrant the person then has to be extradited to Florida pursuant to the warrant. Florida is unlikely to want...

    1 lawyer agreed with this answer

  10. Can I change venue im a child custody case from one county to another county which is in Florida?

    Answered almost 2 years ago.

    1. Melissa Engle Peat
    2. Michael Ernest Chionopoulos
    2 lawyer answers

    Many people --- even lawyers and especially judges --- mix up the meaning of "jurisdiction" and "venue." Jurisdiction has three components: 1) Jurisdiction over the person -- there is no issue here because both of you seem to be Florida residents; 2) Jurisdiction over the subject matter --- no issue here because it is clear that the Circuit Courts have jurisdiction to hear all family matters; and there is a third type that has to do with land and has nothing to do with your question. Venue,...

Experienced Lawyer and Former Judge ready to represent you. Call now for free consult

239-349-8010