Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney, Author at Rice Law Firm

Can I file for a Divorce in Florida?

December 30, 2013

The above question is really the starting point in all cases, including a family law case, such as a dissolution of marriage or otherwise known as a divorce. When I am consulting with a person regarding a dissolution of marriage case, the first topic area I address is what is referred to as jurisdiction.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Alimony and Taxes

November 25, 2013

A question I get often during consultations in dissolution of marriage cases is what are the tax implications for paying or receiving alimony or spousal support. The presumption under the IRS Regulations is that alimony paid is a tax deduction for the payer spouse or former spouse, and is taxable income for the recipient spouse or former spouse.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

But Honestly Uncle Sam, I did not know…

October 16, 2013

Family law is constantly evolving and embraces many areas of the law other than just matrimonial litigation and issues of support, parenting/timesharing, and equitable distribution. Tax issues often figure prominently in a divorce and include issues of misrepresentation of income and/or deductions by one spouse which may result in additional tax, penalties and interest for both spouses, usually to the shock of the spouse who trustingly signed the tax returns as presented.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Keep on Truckin’….

September 17, 2013

Effective July 1, 2013, Florida Law 322.2615 was amended and now provides that, in certain circumstances, a driver who is facing an administrative suspension of his or her driving privileges due to a first time arrest for a driving under the influence (‘DUI’), may now request what is referred to as a “Review for Eligibility for a Restricted Driving Privilege.” This is generally called a “hardship license.” This is an important change to the law and requires a prompt decision.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

To File or Not To File, That Is The Question…

August 6, 2013

In my practice of family law, I am often asked during consults by prospective clients, who have been served with divorce papers, if they need to file a written response to the Petition for Dissolution of Marriage. My first and immediate response is always yes, and I then confirm when they have been served. This is important, for the law in Florida is that the person served must file a written response within 20 days after the date of being served.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Thank You For Your DNA

July 1, 2013

The United States Supreme Court, in last month’s decision of King v. Maryland , ruled that law enforcement has the right, and it is not a violation of the 4th Amendment to the US Constitution, to take a swab of DNA from a person arrested, without the necessity of first obtaining a search warrant from a judge.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

“But I Need To Drive!”

May 28, 2013

One of the most important aspects of being a criminal defense attorney is to make sure that my client is aware of and understands the collateral consequences a criminal conviction can have for them. It can have a ripple effect for many reasons, and one of the most important, for many of my clients, is the effect such can have on their privilege to drive.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

“But I’m on the Birth Certificate, so my rights to the child as the Dad are protected, right?”

April 24, 2013

As a family law attorney, I hear the above question in some form or fashion quite often, and the short answer is no. If you are not married, and you have a child as an unwed father, simply having your name on the child’s birth certificate as the biological father will not help you if your relationship with the mother goes south, and she plans on leaving you and taking the child.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

“Can the cops search my mobile device without a warrant?”

March 19, 2013

One of the cornerstones of our legal protections in our society, the right to be free from search and seizure by the government unless and until the issuance of a search warrant by the court upon a finding of probable cause, may soon have application and become the law in the state of Florida in relation to our portable electronic devices.

By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

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Author: Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney