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

The ‘Big Ticket Item’ in Most Divorces

For most couples ending their marriage, their home is usually the biggest asset.  For those lucky enough to have equity or value in the home, the question often arises as to how to distribute the value of the home’s net equity in a dissolution of marriage.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Florida and Over-Criminalization

I read with interest the attached article from Daniel McCarthy, who is with the Center for Florida Tax Reform, Department of Social Justice. I encourage you to read it as well. In his article, Mr McCarthy highlights what many attorneys and others in the criminal court system in Florida have noted for years- that the Florida legislature has over the last decade expeditiously classified many low-level, non-violent actions as Third Degree Felonies.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Another legislative session – here we go again with alimony reform

The Florida Legislature will reconvene for it annual session on March 4, 2014.  As with every year, there will be a host of topics for the Florida state House and state Senate to consider- from education, to state health insurance coverage, and once again this year an attempt to revamp the alimony statute in Florida. 
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

As a criminal defense attorney

As a criminal defense attorney I hear the above statement at least a few times a week. The truth of the matter is that if the criminal allegations and charges are dismissed by the prosecutor, that is great, but the information pertaining to the arrest and the nature of the charges are still part of the public record and able to be viewed and the records accessible.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Can I file for a Divorce in Florida?

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

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…

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’….

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…

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

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