Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bruce Alexander Minnick
1 Answer | Asked in Tax Law for California on
Q: Alimony tax law.Sign divorce agreement on 12/18/19,filed and stamped by judge on 12/20/19 decree says 1/1/20 dissolution

Am I liable for taxes on the alimony since new law is in affect 2019. The above dates are incorrect in my question. Divorce agreement signed on 12/18/18 and filed date and stamped by judge on 12/20/18. But the divorce decree states 1/1/2019 as dissolution of marriage.

Which party is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2020

The legal date of your divorce is January 1, 2020. That means alimony payments will begin in January 2020, which means they do not have to be reported as income until 2020 taxes are due in April 2021.

1 Answer | Asked in Banking and Business Law for Texas on
Q: Can a bank put a minumum limit on a govt loan? I called other banks and no one else has a minimum limit on the PPP loan

I tried to escalate the question with my bank and recieved no response. I believe they are unlawfully applying rules to prevent small buisnesses from applying for the loan. A manager friend at Bank of America informed me there should be no minimum limit. I also called another bank down the street... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

All banks are different; and many of the larger banks will not fool around with tiny business loans. Why? Because it costs them the same amount of money to do all the paperwork for tiny loans as it does for larger loans. Keep calling, primarily to the smaller banks in your area.

2 Answers | Asked in Civil Litigation for Florida on
Q: Can I refuse to make a telephonic appearance for a hearing for Motion For Summary? The courthouse is closed due to Covid

I have a court date for 4/13/20. I received a voice mail 4/3/20 from the judge's assistant requesting I call her back so that she can give me instructions on how to do to a telephonic appearance. I have not called back. If I don't call back for instructions, will the judge issue a default judgment?... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

It is NOT possible for any lawyer answering questions here on Justia to tell you what is going to happen on April 13.

However, out of the goodness of my heart I will tell you this: If you fail to follow the clerk's simple instructions and then pretend you never heard about the telephonic...
Read more »

View More Answers

2 Answers | Asked in Tax Law and Child Custody for Florida on
Q: I claimed my son for the first time after Court ordered Parenting Agreement, IRS wants me to prove child is dependent?

Our agreement states that I claim my child for odd year returns. I claimed my child and now I am being audited to prove that I am qualified to claim the child as dependent, Head of Household and Earned Income Tax Credit. What do I need to know in order to satisfy their request?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

Whatever the court did or did not do about the parenting agreement between you and your ex is irrelevant to the IRS. There are different rules that apply in order to qualify for the three different classifications; and unless you have a background in accounting or tax law you should not try to... Read more »

View More Answers

4 Answers | Asked in Contracts and Collections for Florida on
Q: I joined a gym and was told it would be month by month and not a year long contract. I'm now being told it was year long

When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

Florida and federal law requires the collection agency to verify the fact of there being a valid debt (they must send you a copy of the contract you signed) and to verify their claim of ownership of the contract (to prevent the gym and the collection company from double-dipping). Get the copy, read... Read more »

View More Answers

2 Answers | Asked in Business Law and Contracts for Florida on
Q: In 2020 I noticed the business I co-owned is registered but I am no longer listed. What is the significance?

My partner who I have recently had a disagreement, recently registered the business for 2020 but I am not listed (I was listed in 2019 as a owner/mgr). What is the legal significance of not being listed on the business as I am a 49% partner?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

Annual "registration" of any business entity with Florida (on SunBiz) does NOT control who actually "owns" or controls the business. Those details are supposed to be set forth in the entities partnership agreement , by-laws and/or the operating procedures.

Based on your stated facts I...
Read more »

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: As a resident at Isla Del sol I was forced to remove my hammock from a public area can they do that?

Security was present and I was given no reason why it was not allowed

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

While Mr. Baron is probably correct--about this being another alleged HOA incursion into the member's "rights"--I am responding just in case the asker is talking about REAL public property.

Response: It you hung your hammock from two trees growing on public land--like the beach--you were...
Read more »

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: If your roommate dies in the middle of your lease, does his or her estate still obligated to fill the lease?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

Although I have never heard of doing anything like you are thinking about trying, I suppose you could wait until the decedent's family opens a probate case (if they do) and then file a claim against the probate estate for the remaining portion of rent the decedent cannot pay. However, you are... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: My company gave me a choice to work or stay home, can I collect unemployment. Are state is in a stay at home order
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

The stay at home “order” does not mean you get to go home and get paid. Your employer will explain this to you if you ask. And depending on several facts you may or may not be able to get unemployment benefits.

2 Answers | Asked in Contracts for Florida on
Q: I have a question about contract enforcement

I purchased a leased vehicle for my grand daughters mom. I wrote an extensive email agreement and had her to accept the terms. Is our email agreement enforceable? Also, I was the primary on the loan, but she was added as the primary driver because I lived in VA and she was in FL. She started... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

You may have made a big mistake by taking your name of the title, leaving her name on and failing to record your loan and status as the lien holder. If the “email contact” you created contains all the elements required to form an valid enforceable agreement you can try suing her for breach; but... Read more »

View More Answers

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: I have a Tenant who said she is not paying me rent because she lost her job during Covid19 pandemic.

I have a house that I rent out a studio. The lease was up 2 months ago and the tenant was paying month to month without me renewing the lease. Last month I caught her smoking marihuana ( she showed me her medical marihuana license) but my lease agreement states no smoking allowed so I asked her to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

Start the 15 day eviction process immediately, so you can enforce it as soon as possible-even if they make you wait.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex boyfriend move out of state while a paternity action is pending?

A

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2020

Relax. Your lawyer will handle all these questions and do a good job for you. If you do not have a lawyer you should get one immediately.

View More Answers

2 Answers | Asked in Family Law for Florida on
Q: ex not allowing to visit my kids bc of the COVID-19 risks not following the court agreement 3 weeks w/out my children

We have a court signed agreement but I can’t spend time with my kids, spring break they where to spend it with me and ex did not allowed, I want to visit them and is not allowing me to do so either. I would not do anything to put my kids in harm ways and I feel she is using the covid -19 as an... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2020

File a motion in the court.

View More Answers

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: High wealth tenants and coronavirus! Interesting scenario. Your opinion?

My tenants are high wealth individuals, paying close to $12,000 per month in rent. They owned a few very high value cars, each priced above $200,000. In the past, in our direct conversation they stated that they are millionaires. A few weeks ago they mailed us a letter stating that they're not able... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2020

Surely you must have a written lease, right? Read it and answer this question yourself before you do anything unwise.

View More Answers

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Florida on
Q: I have a no contact order against the person that has my children,she signed a affidavit saying I'm in contact with her

So now I cannot get in contact with my children.is there any way I could loose my children? I am terrified that will happen,what are the steps I should take to get my children?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2020

Defend yourself in court, not here.

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: can my landlord charge a late fee if i have the money on a day i was given to have it?

I made a partial payment and was told to have the rest on april 9 i vae the money when i called to pay it i got no answer and theres a letter on my door stating ill be charged a late fee now

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2020

This is not l legal issue.

View More Answers

1 Answer | Asked in Consumer Law, Identity Theft and Tax Law for Florida on
Q: Do you take cases about tax refunds ? This company i filed with stole my identity and my tax refund. And i didn't sign

And i did not sign my tax return they filed

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2020

No. The amount of money involved is not enough to warrant hiring a lawyer. Call the IRS and report this theft.

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: For a minor working in the fast food business, Will he or she get fined $500 for working 35 minutes after their shift?

Like they were working on prepping for the day (during the corona virus outbreak) and their manager said there will be a $500 fine. Is this correct?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2020

No, but the manager can terminate anyone at any time, so pay attention.

View More Answers

1 Answer | Asked in Employment Law for Florida on
Q: Can I claim unemployment benefits in Florida if I am the President of an S Corporation, but the business has been sold?

I had 100% ownership, and was the only officer, of the corporation that was operating under a DBA. I paid myself a salary as a W2 employee. I sold the business in October, 2019.

The corporate entity is still active under my name, but it's not operating any business. 100% of the assets have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2020

The answer to your first question (which I think you already must know) is NO. (Query: If you sold the business in October how do you now claim you own 100% of the business?)

The answer to your second question is MAYBE. Too early to tell.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.