February 5, 2018in Uncategorized

Eddy Piniero to the Rescue – A Gator’s Fight Against Domestic Violence

As a life-long fan of the Florida Gators, it always fills me with pride to say that I am a part of the Gator Nation. I received both my undergraduate and law degrees from the University of Florida, and my Wife, Father and Sister are all Gator Alums.

However, I take to this forum today to say that I cannot remember being as proud of a Florida Gator as I am of former Gator place kicker Eddie Pineiro. Pineiro came to the rescue of a woman being attacked by her boyfriend. This crime of domestic violence could have ended in tragedy but for the quick actions of Piniero, who rushed downstairs to the woman’s aid. He was joined in the rescue by his Father.

Too often these days, we hear only of the negative actions of sports stars. It is sometimes the case that even Gator and former Gator athletic stars have been the perpetrators of these vicious acts, much to the horror and embarrassment of Gator Nation. However, Piniero, who’s name is often chanted during Gator football games as he kicks fifty-plus yard field goals, has now shown us all that true glory is found in the selfless actions of aiding victims of domestic violence.

The Gainesville Police Department awarded Piniero and his Father with the Police Service Award. Piniero himself took to Twitter to encourage respectful behavior. I’m sure Piniero will fill the hearts of Gator Nation with pride on Sunday’s in the NFL excelling in football. But, it will be his act of heroism in Gainesville on October 15, 2017, that may end up being his true legacy as a human being. Cheers to you Eddy from all those here at Benjamin & Melmer, LLC, for your actions in the struggle against domestic violence.

Source: http://collegefootballtalk.nbcsports.com/2018/01/22/former-florida-k-eddy-pineiro-granted-community-service-award-after-breaking-up-domestic-violence-incident/

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January 27, 2018in Uncategorized

What to do When the Other Parent isn’t Exercising Their Timesharing

Some people might not see this as a problem, particularly in high conflict relationships.  You don’t have to deal with the other parent and you have a monopoly on your child’s time.   However, there are some real considerations, chief among them is whether the other parent, despite not exercising their time-sharing, is still getting credit in the child support guidelines for that time.  Remember, the two biggest factors in calculating child support are the parties’ net incomes and the number of overnights that each parent gets with the child on any given year.  So, its possible the other parent is deriving a big benefit from time-sharing they aren’t even using.  Well, thankfully the Florida legislature has provided you with an answer to this dilemma.  Florida Statute 61.30 allows a parent to request a modification of child support when the other parent isn’t exercising their time-sharing, so long as that parent wasn’t being unreasonably prevented from doing so.  In fact, that modification can go all the way back to when the other parent stopped exercising that time-sharing.  Depending on what the change in child support amounts to and the length of time during which the other parent wasn’t visiting, this can amount to a fairly large amount of money.   Please note though, that absent the court modifying the time-sharing schedule as well, this modification will only cover the time that the other parent wasn’t visiting, it does not change the child support moving forward (Andrews v. Andrews, 219 So. 3d 1006 (2nd DCA, FLA).  Thus, another consideration might be for the primary parent to seek a modification of the time-sharing schedule as well in order to make the child support modification permanent.

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January 24, 2018in Uncategorized

Revictimizing the Domestic Violence Victim

Often times, in cases of domestic violence, victims come to the justice and court system seeking help or guidance to extricate themselves from difficult situations. Unfortunately, far too often, the very system set up to help victims serves to revictimize them in dangerous ways.

Take, for example, the situation of the unnamed victim depicted in Jerry Iannelli’s Miami New Times story. A Miami Police Officer seriously and grossly mishandled a potentially dangerous situation of domestic violence by discounted both the history and facts of her encounter with the domestic violence victim. Often times, situations of domestic violence are not given the respect they deserve by those in law enforcement or the criminal justice system. Many times, those on the front-lines fighting domestic violence become numb to the signs of danger right in front of their faces.

Such tendencies must be fought by those first responders dealing with domestic violence every day. Training of police officers and prosecutors, often done by attorneys right here at Benjamin & Melmer, LLC, is critical to safeguarding victims of domestic violence and our community. Overlooking crimes of domestic violence can often have tragic consequences. Many recent mass shootings, from Sandy Hook, to the Orlando Pulse nightclub shootings, to the recent Sutherland Springs First Baptist Church mass shooting, had perpetrators who committed acts of domestic violence that were overlooked by authorities.

We here at Benjamin & Melmer, LLC, given our training and background as prosecutors and attorneys representing victims of domestic violence, understand that education of first responders, police officers and others involved in our justice system, is a critical component toward changing misguided attitudes like those of the Officer depicted in this article.

Source: http://www.miaminewtimes.com/news/miami-domestic-violence-victim-arrested-for-reporting-abuser-9921372

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January 16, 2018in Uncategorized

How to Choose the Right Divorce Lawyer

1. Know What Is Important to You – In any one divorce case there are endless issues that can be fought over. From child custody and child support to alimony and attorney’s fees. If you don’t narrow down the issues in order of importance to you, you will spend a great deal of time and money litigating everything. Know what your not willing to back down on and what you are willing to negotiate on will give the lawyer you do choose a better understanding of what you are looking for and can ensure you have reasonable expectations when it comes to results.

2. Stay Focused on Your Goals – Often times the other side will attempt to make things difficult during a divorce, particularly when there is a lot of animosity amongst the parties. The nature reaction can sometimes be to fight fire with fire, but in doing so, you often lose sight of what your goals are for the case and you begin to fight over things that have little or no importance to you. Stay focused and be the bigger person.

3. Have Realistic Expectations – The worst thing you can do is go in to a divorce with unrealistic expectations. Not only does that make it very difficult for your divorce lawyer to effectively represent you and you will never fully be satisfied. A good divorce attorney will manage your expectations and give you a realistic result based upon your goals and those issues that are important to you. It’s important to always remember that an attorney’s job is not to tell you what you want to hear, its to tell you what you need to hear, particularly when it comes to what kind of result you can expect. So please do disregard an attorney during a consultation simply because he is not telling you exactly what you want to hear, chances are that’s a quality divorce lawyer.

4. Ask for Referrals – The best place to start when searching for the right divorce lawyer is by asking your friends and family. Not only are they more likely to steer you in the right direction, but usually a referral is based on a positive experience they had with that particular divorce attorney. Please keep in mind that the facts and results for every case are different and you cannot hire an attorney expecting the same results that a friend or family member may have received.

5. Do Your Research – Whether it’s a divorce lawyer that was referred to you or one you found on the internet, you need to do your research. Like many other professional service providers, you can find reviews and disciplinary histories for most attorneys. In addition, nowadays almost every attorney has a website that you can browse to get information on the divorce attorney’s experience and accomplishments.

6. Sit Down With More Than One Attorney – In most cases you will want to sit down with more than one attorney in order to find the right divorce lawyer for you. Sure there are people who will hit it off right away and skip this step, but for the vast majority you will want to shop around to find the best fit.

7. Cost Should Always Be a Consideration – Just because you’re not a millionaire, doesn’t mean you can’t find a quality attorney. There are plenty of divorce lawyers who do amazing work at a reasonable price and aren’t knocking on your door on the 1st of the month when you haven’t paid last month’s balance in full. Whenever you meet with a potential divorce attorney you should ask about any cost saving measures they can employ and whether or not they offer payment plans.

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January 10, 2018in Uncategorized

GOP Tax Bill Repeals the Alimony Deduction Starting in 2019

Under the GOP’s new tax bill, spouses who pay alimony will be unable to deduct these funds from their taxes. Currently, spouses who pay alimony can deduct these payments from their income, lowering their taxable exposure. Such deductions often eased the pain for the paying spouses.

Like with most changes from Washington, D.C., there is good news and bad news. The repeal of the alimony deduction doesn’t apply to dissolution agreements made before December 31, 2018. However, starting in 2019, all divorce agreements requiring alimony payments will not allow the payor spouse to lower their income tax exposure.

Many family law practitioners worry this change may have a trickle-down effect, particularly, the fear comes in increased litigation over alimony itself, along with increased acrimony in such areas as equitable distribution. The increase in taxes could also serve to lower the amount available to children in child support calculations.

Like with most new changes, time will tell what the effect this alteration will have for Florida divorces. However, one thing is clear, if you are contemplating a divorce in the near future, and the prospect of not being able to deduct your spouse’s alimony payment is important to you, you should see a seasoned family law attorney soon.

http://money.cnn.com/2017/12/15/pf/taxes/alimony-tax-bill/index.html?iid=EL.

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June 5, 2014in Uncategorized

Divorce Talks Lead to Attempted Murder Charge for Palm Beach Man

In a cautionary tale for anyone going through a divorce, a Palm Beach County man is alleged to have pulled a gun at his soon to be ex-wife and threatened to kill her.  This scenario is, unfortunately, not uncommon in divorces, which are often filed with tension and emotions.  To see more, read the following article:

http://www.palmbeachpost.com/news/news/police-west-palm-man-arguing-about-divorce-attempt/ngFM9/

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Melmer Law, LLC prides itself on being readily available at all times for their clients and their families. Please contact us below for more information.

Melmer Law, LLC

Mark P. Melmer, Esq. served as a prosecutor here in Miami-Dade County, handling thousands of cases at both the misdemeanor and felony level. For the last 10 years Mark has devoted his practice to family law and domestic violence issues. This experience and insight makes him a formidable advocate.

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