November 23, 2011

Support-Owing Father Thrown in Palm Beach County Jail – Sometimes the System Actually Works!

Florida Family Attorney Joe Fields

Palm Beach County Judge Smith finally had enough! She recently incarcerated a Lockheed Martin engineer for his continued refusal to pay support to a LaBovick Law Group client.

Having given the man multiple occasions to cure his failures, Judge Smith finally said enough's enough. The father was led away in handcuffs Tuesday and will probably spend the Thanksgiving weekend in jail. Turkey loaf might cure his contemptuous behavior! Having to pay additional attorneys fees might also fix his attitude.

As a family law practitioner, I represent several parents who are owed substantial monies for back child support. One of those clients is owed more than $400,000. Eventually it catches up to you: I recently liened his personal injury case and also obtained an order authorizing me to pursue foreclosure of his home in order to collect this support.

Many years ago, I successfully garnished the Dodge Trust for outstanding support obligations. In addition to collecting several hundred thousand dollars of past support obligations, I also recovered all attorneys fees paid by my client in pursuing the father of my client’s child.

Compelling the payment of past support obligations is a tough job. Many of these deadbeats feel entitled to continue to ignore their past obligations and actually seem insulted that we would try to collect against them. However, these cases are winnable!

Attorney Joseph R. Fields, Jr., Esq. has significant experience in collecting past support obligations. For a free consultation contact the LaBovick Law Group today!

November 16, 2011

Children Conceived from Dead Parents – Who Has Their Backs?

Florida Family Attorney Joe Fields

For the past few decades, technology has allowed children to be born from deceased parents. In vitro fertilization allows frozen sperm or eggs to lead to children hypothetically years after the donor parent's death. In fact, both parents could have died years before the birth! How does such technology cause the legal system to adapt? Very slowly it seems. The United States Supreme Court is currently considering whether children conceived by in vitro fertilization after the death of their biological father are entitled to collect Social Security survivor benefits. So far, the children are winning the fight. However, in its infinite wisdom, the United States continues to appeal. There are currently more than 100 applications for Social Security survivor benefits for children conceived post-humorously. The nation’s longest conflict still being fought is contributing to this calamity. Many deployed soldiers are banking their eggs or sperm so that others can continue the genetic family line. Hypothetically, even the parents of a deceased soldier could make arrangements for their dead child to continue to create genetic offspring years after the soldier’s death. The government's position that these children are not entitled to benefits does not keep up with current technology and relies upon archaic definitions created at a time when women and children were considered property. It's time for a change to these archaic laws. Perhaps the United States Supreme Court will have the final say on this issue.

For questions regarding parental rights, genetic testing, child support and other family law related questions, please contact Joseph Fields, Esq. at the LaBovick Law Group.

November 14, 2011

Supreme Court Soon to Rule on Health Reform Law

The Supreme Court announced today that it will rule this year on the health reform law and hear a challenge to the Obama administrations’ signature legislative achievement. The plan is to focus on a specific case brought by 26 states, the National Federation of Independent Business and two individuals that challenges the constitutionality of the mandate that requires individuals to buy health care insurance by 2014 or pay a penalty fee.

Paul D. Clement, a lawyer for the 26 states challenging the law urged the Supreme Court in briefs to step in and resolve the “grave constitutional questions surrounding the ACA (Affordable Care Act).” He said, “time is of the essence, States need to know whether they must adapt their policies to deal with the brave new world ushered in by the ACA.”

Most likely, the Court will schedule oral arguments to be decided by early next summer – just in time for the next presidential election.