Florida Questions & Answers

Q: How come, Bape doesnt sue Sprayground for having the same 'shark mouth'?

1 Answer | Asked in Copyright, Patents and Trademark for Florida on
Answered on Feb 20, 2017

Litigation can be expensive so Bape may have decided just to let it go. In New York City, there are dozens of "Ray's" Pizzas and everyone let's it go: https://en.wikipedia.org/wiki/Ray's_Pizza
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Q: Can a defendant speak with the plaintiffs attorney to settle a civil case?

1 Answer | Asked in Trademark for Florida on
Answered on Feb 20, 2017

Assuming the defendant does not have a lawyer, then yes. If the defendant has a lawyer the plaintiff's attorney may not speak to that person. Many lawyers won't speak to someone if that don't have an attorney as a personal way of conducting their practice.

Finally, not that a defendant can just talk to the plaintiff to settle the case.
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Q: How can I keep full rights to my son?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Feb 20, 2017

Parents have constitutionally protected rights regarding their relationship with their children. Unless there is some legitimate reason to restrict the father's contact it is likely the father will be entitled to and should receive visitation including overnight visitation. However, when the child is very young and/or a newborn and during the time you are nurturing and breast-feeding the child-- if that is the case-- that would be one potential reason to limit the contact to ensure the child...
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Q: Is my civilian pay tax free while I am in a combat zone?

1 Answer | Asked in Tax Law for Florida on
Answered on Feb 20, 2017

Under the regulations for the combat pay exclusion (26 CFR 1.112-1(4)) only pay received from the US Armed Forces (or similar entity) can be excluded. The regulations specifically state that pay from private employers, including differential pay, cannot be excluded under the combat pay exclusion.
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Q: What if a 19 year old gets a 14 yr old pregnant in florida and parents dont want charges pressed

1 Answer | Asked in Criminal Law for Florida on
Answered on Feb 20, 2017

Whether to press charges is not up to the parents; although depending on the circumstances the authorities might possibly elect not to prosecute.
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Q: My daughter and her children live with us. Do I have to let their father see them if she is not home?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 19, 2017

If the father has established his legal rights and has court ordered timesharing you should not interfere with a court order. If his paternity has bit been legally established and the father was not married to the mother at the childs birth then the fathers contact wouldbe at your and your daughters diacretion.
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Q: Can i move? Staying withing 50 miles of my last residance, and no permenant parenting plan.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Feb 19, 2017

Check out the relocation statute 61.13001. Since you are still in the midst of litigation you should consult an attorney to discuss strategies and ways to accomplish your ultimate goals regarding a parenting plan with the father.
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Q: In FL, are consumers liable for sales tax if they can't prove the tax was collected by the seller?

1 Answer | Asked in Tax Law for Florida on
Answered on Feb 19, 2017

If you cannot prove that sales taxes were paid, then you owe "use taxes" which are remitted by the purchaser of goods or services. So, yes, if the company cannot show that it paid sales taxes, it would be liable for use taxes.
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Q: Where can I find out my csed date?

1 Answer | Asked in Tax Law for Florida on
Answered on Feb 19, 2017

If you call the IRS's ACS line they will tell you your CSED date. The phone number is 800-829-7650
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Q: My employer changed all of the employees' W2 exemptions/allowance from 0/1 to 2 without our knowledge or consent.

1 Answer | Asked in Tax Law, Business Law and Employment Law for Florida on
Answered on Feb 19, 2017

This may have been a simple mistake by the employer, such as a change in payroll software causing an incorrect exemption number, or it may have been some form of fraudulent activity. From the IRS's view, it is still the responsibility of you and the other employees to ensure proper amounts are being withheld on a regular basis and if they are not to pay taxes in to the IRS directly throughout the year. I suggest talking the situation over with your employer and try to find out what the employer...
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Q: hospital released me with high blood pressure and didn't prescribed any medication what can I do

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Feb 19, 2017

Doesn't sound like anyhthing happened. You don't give more than medication if there isn't some emergent problem causing the spike.

You may want to see a cardiologist.
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Q: Can I apply for a k-1 visa while on a work visa in the US?

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 19, 2017

Generally speaking, K-1 is for people who are engaged to be married, want to get married in the USA, and where the foreign national is abroad. If you are already here, realistically there is no need for a K-1. You can just get married to your US citizen fiancé(e) and then proceed with adjustment of status (assuming you are eligible).
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Q: Can a state garnish wages for back taxes if you live in another state? And how can you get proof of back taxes owed?

1 Answer | Asked in Tax Law for Florida on
Answered on Feb 19, 2017

Yes, Connecticut can issue a wage garnishment order to the company you work for in Florida and will typically do so. You should contact CT DRS with the contact information provided in the tax warrant to discuss setting up a payment plan for the back taxes. Do not delay because DRS is typically fairly aggressive in collecting a tax debt after a warrant has been issued. The Tax Warrant would normally include information about the liability you owe, including the year (or years) you owe for and...
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Q: I did not have health insurance 2016. I will be filling on 11,000.? Will I be penalized. If so how much?

1 Answer | Asked in Tax Law for Florida on
Answered on Feb 19, 2017

This question cannot be answered on the basis of just these facts. If your income is above the filing threshold, you would have to see if you qualify for any exemptions from the penalty for not having health insurance. You can seek help in preparing your return if you are not able to determine this on your own. Given your income level, you should qualify for help from VITA or AARP-Tax Aide to have your income tax return prepared. You can find a site by following this link and using the locator...
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Q: Can my grandmother remove me from our condo deed in Florida?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 19, 2017

No, she can't. the deed names her and you (the quoted language, if accurate, is somewhat confusing, because it refers to "a single women (sic)" twice, but definitely creates a JTWROS. The dead could only be defeated were she to sue to cancel the deed, survive you (i.e.: remain living after you had died), or join with you in executing a subsequent deed.
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Q: can my ex force me to go to NJ to fight for custody of our children if she had previously signed away custody in FL

1 Answer | Asked in Child Custody for Florida on
Answered on Feb 19, 2017

If the Florida court entered a final order, the New Jersey court doesn't have jurisdiction. Check the Florida court file (contact the clerk or look online) to see if the judgment is in there.
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Q: A bite from a 10 year old boy to another 10 year old boy considered battery in the state of Florida?

2 Answers | Asked in Personal Injury, Criminal Law and Juvenile Law for Florida on
Answered on Feb 18, 2017

Yes that is a battery. Depending upon the severity and location and the circumstances regarding the perpetrators supervision this may be redressed brought civil remedy.
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Q: My son was hurt when a firework went off early. Do we have a claim against the company?

1 Answer | Asked in Products Liability for Florida on
Answered on Feb 18, 2017

Problem is define early. Do you know who you bought it from or was it from a pop up tent sale? If it's serious, I'd consult an attorney who is a member of Florida Justice Assn--they give free consults.
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Q: Received ticket for driving unknowingly w/ suspended license 3days before suspension ended. What do I do? Due in 20days

1 Answer | Asked in Traffic Tickets for Florida on
Answered on Feb 18, 2017

A lot will depend on what happened. Serious enough to warrant you getting an attorney who handles citations in that county.

You will save money by researching your suspension. I suggest you go to the DMV HQ if possible and look at the records they have that will explain how this happened--or you will find out they didn't notify you. Generally what happens is that people don't change the address on their license, move, the citation(s) or hearing notices go to the license address, and...
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Q: My son is turning 21 in April and I obtained an order of Abatement in Kissimmee, Florida. However,there is an arreage

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Feb 17, 2017

If your court order specified credit or rebate during the summer months you had the children the court should consider this. Certainly appears to have some likelihood of success.
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