Collection of Palimony Judgments From Other States

Jon Alper Creditor Rights

Ex-spouses have extraordinary judicial remedies to collect past-due alimony. Courts can use equitable remedies, including civil contempt and administration of otherwise exempt assets, to collect alimony. Alimony debts may not be discharged in bankruptcy. A person hired me to help protect against a possible claim by an ex-girlfriend in New Jersey judgment based upon theory of “palimony.” Can palimony judgments …

Administrative Wage Garnishment of Head of Household Debtor

Jon Alper Writ Of Garnishment

A client called me for assistance dissolving a garnishment of his wages on the grounds that he is head of household in Florida. Florida statutes provide that creditors may not garnish wages of a Florida debtor who is head of household. The garnishment was initiated by a collection agent who had purchased a judgment in favor of the U.S. Small …

Homeowners Association Demands Dues From Homestead Sale

Jon Alper Uncategorized

Mortgages, mechanics liens, homeowner association liens are exceptions to Florida homestead protection. These three types of liens must be paid off in order to transfer clear title to a homestead property. One of my clients stated that a title company required that he pay past-due HOA assessments in order to sell his homestead even though the HOA had not recorded …

Homestead Benefits Under Condominium Termination Statute

Jon Alper Homestead Exemption

A client wanted to know if his condominium qualified as Florida homestead in an action to terminate a condominium association. Under a  Florida condominium statute an owner who resides in a condo unit as his homestead has rights to increased compensation. My client does not reside in the condo unit, nor does he reside in Florida. The question was whether …

Lender’s Release of Personal Guarantee Does Not Impute Taxable Income

Jon Alper Mortgage Foreclosure

I recently wrote a blog post about avoiding imputed income from debt forgiveness following a foreclosure against a business owned property. I suggested that a business that is organized as a C corporation would not pass through imputed income to its individual owners, but I stated I was unsure if there would be personal income when an individual corporation owner …

Can Financial Advisory Fees Be Exempt From Wage Garnishment?

Jon Alper Writ Of Garnishment

Some financial advisers are compensated for managing their clients’ money based upon a percentage of the clients’ securities portfolio. The typical adviser earns annually one percent of assets under management. One such financial adviser asked me last week whether his compensation based upon managed assets was exempt from garnishment under Florida head of household exemption from wage garnishment. The issue …