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Michael Ernest Chionopoulos
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Michael Chionopoulos’s Answers

24 total

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

    Company A had a signed written agreement with Company B to purchase 100 units upon execution of the contract and to repurchase a negotiated amount of units each year after for 5 years. Company A only purchased 50 units in the first year. Company A...

    Michael’s Answer

    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 and viewing any specific default/breach language in totality with the entire contract. You should consult a lawyer.

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  • Can I appeal a final custody order?

    I went to court 2 weeks ago. My ex has full custody of our son and I have supervised visits due to my felony I got 2 yrs ago for selling oxys. finalize the order. The judge granted it because he said I have no way to take care of the child becaus...

    Michael’s Answer

    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 position. Second, since there was no court reporter it would be near impossible to prove that the trial judge abused his/her discretion. Finally, based upon your own statements, it appears that you need to get some things in your life under control. Once you do so --- treatment facility etc --- you can apply to modify the court's last order and award you visitation. Typically, while intolerant of bad courtroom manners, judges want to keep the children safe. If you can come back and show that your child is safe with you, the judge will likely modify his/her order to give you visitation and maybe even parental-time-sharing.

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

    Never married have always had custody because I moved 130 miles where he is from he has filed for custody. I was recently diagnosed with brain tumor and will be going thru radiation whicy makes it hard for travel. Also I live in lee county he live...

    Michael’s Answer

    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, as opposed to jurisdiction, is the place or location at which an action is brought and/or heard. The person bringing the action has several choices --- generally speaking the action must be brought where one of the defendants (in a paternity action it would be the "respondent") lives. Paternity is a bit unique because one significant venue consideration is going to be where the majority of the information, i.e. witnesses, family, health records, school records etc., can be found and most easily presented. In short, unless you left out some significant facts, you should be able to compel the action be transferred to Lee County. If you do not have a lawyer you need to get one immediately. The more that happens in the other county the less likely you are to successfully have the action moved to Lee County.

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  • 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?

    What do I need to do protect myself. Can I get a legal divorse on line

    Michael’s Answer

    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 circumstances). In that case, he could have a claim for some portion of the amount paid into the 401K during the marriage. Given today's market conditions, it may be easy to show that the contributions made during the marriage are now worth nothing and any % of nothing is nothing. Moreover, depending on other marital assets, there may be other ways to negotiate the issue. If you do not have a lawyer, you need to get one as soon as possible. I understand it is a short term marriage, but doing this wrong could have long-term consequences.

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  • My ex boyfriend claimed he had sole custody to get food stamps and medicaid when I had the child. What can I do?

    There is no custody agreement. I have the child through the week and he has him on weekends.

    Michael’s Answer

    You can turn him in for "fraud." I would start with the medicaid office and they can direct you on the rest of the things you need to do. They will open an investigation. Has there been a paternity action? That is where a Judge declares he is the father and likely gives him some rights, i.e. time sharing etc. This is different from a Department of Revenue hearing where he can be ordered to pay child support, but he cannot be given any rights for purposes of visitation etc. If there is a "court order" in place, you could also file an action for contempt against him. The real problem is that you cannot now apply for those services for your child. Moreover, he is likely keeping and using (or potentially selling) the food stams --- therefore they do not help your child. You should be the one to get the food stamps since you have the child. If you apply for food stamps they will tell you that they are already paying --- that is when you can make your complaint for fraud. If there has not been a paternity action you need to do one immediately.

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

    marriage of 13 years, is been 10 years since first legali separated, one child 17 years old, custodial parent doesnt make a significat effor to became self suported, court gave two gavron warnings in previus court what can I expect this time cust...

    Michael’s Answer

    • Selected as best answer

    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 facts to determine if it is a benefit or reimbursement.

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  • Can i vote out an owner in a corporation

    he has been taking money from the register, and racking up charges on the company card, everyday spending money and given me no reasons why, we do have a third meber on the board, can we simply vote him out...

    Michael’s Answer

    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 to see the corporate documents --- formation, governing, maintained etc.

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  • I am an unmarried mother who needs to move out of state, what do i have to do so i can take my son?

    My son's father and I have not been able to work out our problems in the months after his birth. He wants me to move out, but my only option would be to temporarily stay with my family in another state. He threatens to have me thrown in jail if I ...

    Michael’s Answer

    Are you married to the baby's father? If not, has paternity been actually determined by a Judge? If so, Florida requires you to file a Petition to Relocate if you are going to move the child's permanent address more than 50 miles. On the other hand, if paternity has not been established, it is possible you may not have to give the Father any notice etc.

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  • Child support arrest order

    How to enforce an arrest warrant for child support if the defendant is out of state

    Michael’s 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 to "bear the freight" and Ohio is certainly not going to do so because the person did not disobey an Ohio judge and the tax payers of Ohio should not be burdened with the transportation costs of having someone adjudicated in another state. Rather, Floridians should pay the costs for compelling the person to obey a Florida Court Order. You are likely to be more sucessful in using the Department of Children and Families to garnish wages, tax returns etc. The best way, of course, is to hire a private lawyer to collect ... in some states lawyers are permitted to take those cases on a "contingency fee agreement" (i.e. a % of what they actually collect). Some states do not permit lawyers to be paid by that method.

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