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Florida Family Law

Use of Exempt Assets to Pay Marital Obligations

In addition to substantial tax savings/benefits which accompany IRAs, 401ks and other qualified retirement plans, they are often exempt from creditors claims.  This makes them a useful asset protection tool. One creditor who is not hindered by these general exemptions, however, is a former spouse to whom a party owes alimony, support, or attorney’s fees.

On the contrary, the Court may use an IRA to satisfy obligations imposed under Chapter 61 including an alimony obligation or arrearage (and presumably attorney’s fees) despite the fact that this type of account is normally exempt from creditors. “In a Chapter 61 contempt proceeding a trial court may properly look to a former spouse’s individual retirement account to determine whether that spouse has the ability to pay a purge amount in a contempt order. Contrary to… Continue reading

Providing Health Insurance Coverage to an Uninsurable Former Spouse

When parties are covered by a group health plan during the marriage, the non-participant spouse is often left without a permanent source of coverage when the marriage ends. Once the temporary relief provided by COBRA or Mini-COBRA ends; a former spouse who is afflicted with pre-existing conditions will often be placed in dire straits.

This issue, which has both financial and emotional components, can often derail settlement negotiations and convert an otherwise simple dissolution into a complex undertaking. If you become involved in a case where long-term health insurance coverage becomes an issue; you should note that an otherwise benign provision in the Florida health insurance code may have a significant impact on your client’s rights and your ability to settle an otherwise difficult case.

Florida Statute § 627.6675 titled Conversion of Termination on Eligibility requires an insurer to provide “conversion coverage” for qualified individuals… Continue reading

RJ Ferraro III, Criminal Lawyer and Blog Author

RJ Ferraro, III, Stuart, Florida Criminal Defense Attorney

RJ Ferraro, III, has been a criminal defense lawyer serving clients in and around Florida’s Treasure Coast and the Palm Beaches since 2001.  His practices is focused on representing individuals charged with crimes in both State and Federal Court.  RJ has  handled everything from routine traffic tickets to capital felonies.

Despite the fact that the law is constantly changing, ignorance is never a defense. With that in mind, the purpose of this blog is to discuss the issues that continue to re-surface on a consistent basis, and to answer many of the simple questions that people charged with a crime often contemplate.

If you are charged with a crime, the attorneys of the Ferraro Law Group, PL in Stuart, Florida are here for you.

Contact the Stuart, Florida Criminal Defense Attorneys of the Ferraro Law Group, PL today to set up… Continue reading