Head of Household Exemption For Support of Adult Children

Jon Alper Writ Of Garnishment

My client is divorced and provides money to his former wife each month for child support. His ex-wife works but my client says his child support payment pays for most his child’s expenses. The child lives with their mother. The child is over 18 and in college. The client wants to know if his wages are exempt from a judgment …

Should You Fill Out a Financial Affidavit After a Car Accident?

Gideon Alper Uncategorized

Sometimes clients ask me whether they should fill out a financial affidavit after the injured person in a car accident requests the affidavit from the insurance company. This situation typically comes up when the client’s insurance company makes a settlement offer to the injured person, but the injured person (and their attorney) wants the financial affidavit completed before they decide …

Fraudulent Transfer Statute of Limitations in Collection of Criminal Restitution

Jon Alper Creditor Rights

Florida law, and the law of most states, imposes a four year statute of limitations on a creditor’s allegations of fraudulent transfers under the fraudulent conveyance statute. The four year limitation does not apply when the creditor is the U.S. federal government or a government agency collecting court-ordered restitution. A recent Colorado federal court case involved the collection of criminal …

Priority of Sequential Charging Liens Against Same LLC Membership Interest

Jon Alper Limited Partnerships and LLC

Florida Statute 605.0503 states that a charging lien is a judgment creditor’s sole remedy against a debtor’s membership interest in a limited liability company. The statute does not explain what happens if two judgment creditors apply for a charging lien against the same LLC interest. It is not clear whether the second charging lien has the right to share any …

Florida Homestead Protection Against Partition Sales

Jon Alper Homestead Exemption

The Florida homestead exemption does not protect homeowners against all forced sales of their property. Consider one of my client’s situation where my client resided in a home that he owned jointly with a friend. The friend did not live in the house. The friend decided he wanted to sell the house and reap profits from the house appreciation. My …

Can LLC Operating Agreement Transfer Shares Upon Member’s Death?

Jon Alper Estate Planning

An earlier blog post addressed a question about directing ownership of a deceased LLC member’s membership interest . The post said that an LLC operating agreement cannot direct the inheritance of an LLC interest, and that each member should provide for inheritance in their will or living trust. A Florida court decision since that post holds that LLC operating agreements …

Living Trust Homestead Exemption

Gideon Alper Estate Planning, Homestead Exemption

When I am preparing a living trust for estate planning clients I am often asked to advise whether or not it is wise to title homestead properties in the name of the living trust. Trustmaker clients are concerned that conveying their homestead to their living trust may forfeit their Constitutional homestead exemption from creditor judgments. The Florida homestead exemption applies …

Florida Homestead Protection After Death

Gideon Alper Homestead Exemption

The Florida homestead is exempt from your creditors during your lifetime by virtue of the homestead provision of the Florida Constitution. But, what happens after you die? Can your creditors put a lien on your homestead once you are no longer living in the house after your death? One of my clients expressed concern that their parent’s creditors would find …

Do Florida Asset Exemptions Apply Only To Florida Residents?

Jon Alper Florida Exemptions

Assume a man resides in the state of Georgia, but works for several years in Florida for a Florida employer. During the time of employment he establishes a 401k plan at a Florida financial institution, and for investment, he buys an annuity from the same Florida institution. Later, he is sued in Georgia, and the Georgia court awards a money …