Law Office of Maria Kazouris Esq.Law Office of Maria Kazouris Esq.
850 E Lime St, Suite 626. Tarpon Springs, FL 34689
You can only protect your liberties in this world
by protecting the other man's freedom.
Clarence Darrow
Every advance in this half-century--Social Security,
civil rights, Medicare, aid to education, one after another
came with the support and leadership of American Labor.
Jimmy Carter
Lawyers are the foot soldiers of our Constitution.
Rennard Strickland & Frank T. Read
Question
What are the qualifications for an annulment in the state of florida? Me and my wife are getting ready to go through a divorce, but she didn't get her last divorce paid off, she was making payments, until about a year after we were married, does this qualify for an annulment?My Answer
The conditions for annulment include: fraud in the inducement of the marriage ex. concealed identify, incest, legally married to someone else at the time, will not consummate the marriage. By pay off, I assume you mean equitable distribution that she was ordered to pay as part of her previous divorce. So, I don't believe you'd qualify for annulment for this reason. You may want to consult with an attorney privately to discuss whether you have other options. Good luck!Ask your question!
Question
Filed a notice of intent to rely on summaries and charts for a final hearing, do I have to send the other party everything? I've summarized close to 3 years (1100+) pages of text messages between my ex husband and I. These summaries have been turned in to a timeline of events to outline my case, petition for modification of the parenting plan/timesharing schedule. Additionally summarized are school records. I interpreted the rules regarding the use of summaries and charts, instruct me to give the opposing party all of the information I've summarizedF including the summaries and time tables. Is this correct?My Answer
Yes. Everything you intend to use in court is always shared with opposing counsel/party. Under the circumstances, you should be able to provide opposing with a zip drive but if they object, you may have to print it. In court you'll need the hard copies if you intend to admit them. There are strict rules in court that an attorney would best help you navigate. Good luck!Ask your question!
Question
I work at a Restaurant and the owner will not let me see my tips at the end of the night. He says its none of my business?!?!? Is the owner doing anything illegal by not letting me see my tip amounts from the guests?It's my money, I worked hard for it, it was left for me by the customer, I pay taxes on my tips. I am only allowed to see the whole days total, isn't there something wrong with this?
My co-workers have told me they have been shorted on there daily tips and the owner will not let anyone see there per guest tips? We feel they are skimming our money. No other restaurant does this, all other restaurants show us what are tips were on our check receipts but this restaurant says if we ask we will be terminated?!?!?!
My Answer
The fact that you're asking pretty much leads me to the answer but because you have no proof that they are actually stealing wages though, your ability to report is limited. I would suggest reviewing the DOL rules pertaining to tipped employees and consider filing a complaint with them. They will investigate your claim for free and take action as needed. If you find that you are not being paid, an attorney can help you collect. See link attached. Good luck!Ask your question!
Tipped Employees Under the Fair Labor Standards Act (FLSA)
Question
Is it legal for future husband don't tell me or show me his income? Hello, can my future husband (after we get married) don't tell me or show me his income and is that illegal? It is my first marriage and first in USA and I don't know if I can do something... if I wanna know the income of my husband. Many thanks.My Answer
If he wants for you to sign a prenuptial agreement, then you may have some right to income and asset disclosure. Otherwise, the answer is "no" he doesn't have to tell you what his income is. You may want to consider marriage counseling before you do marry him since, you already have secrets between you. Good luck!Ask your question!
Question
Should I take legal action? I've been at my job for just over a year. Last week I got a call stating that I'm no longer eligible to work because of a discrepancy on my background check. After getting the issue cleared with AHCA, my job refuses to pay to initiate a resubmission of my background. According to AHCA, this issue should have been solved before I was even offered the job. Now I have missed 5 days off work without pay and my employer does not want to initiate a resubmission of my background check that will cost the company $16 dollars. How should I go about handling this situation?My Answer
Offer them the $16. Unless you have a contract securing your employment or other legal right to the position, you're in a tenuous position; not one where you get to dictate. Florida is a right to work state which mostly means that your employer has the right to terminate you for no reason at all. If you want to change this support unions and union friendly legislation. Good luck!Ask your question!
Question
Does anyone know where to start paperwork process when a spouse refuses to sign. My spouse refuses to sign, show up for court hearings, etc. He is military. I want to do the divorce myself with a missing spouse. I need to know where to start the paperwork process, do I need to contact jag? or can I file missing spouse. We do not have any minor children, it would be a simple dissolution of marriage.My Answer
Because your spouse is in the military, you'll have no choice but notify the court of this and have him served through the military base adjutant. This will take longer or you can hire an attorney to write him with proposed paperwork and try to mediate an agreement so that you can file uncontested paperwork and get the dissolution completed more swiftly. Good luck!Ask your question!
Question
Re a motion Motion for Post Conviction Relief under Rule 3.850 To vacate a plea deal (adjudicated). If you WIN all you get is a trial right? It doesn't just make the whole thing go away right?My Answer
That would depend upon the grounds and the relief requested. Either way these motions are very difficult to win particularly because you voluntarily entered the plea. Use of an attorney is highly recommended.Ask your question!
Question
My FMLA is about to expire this month, can I still have health insurance under my employer? I am currently on FMLA, which will expire this week, due to my health condition I am unable to return to work this year, I was offered to apply Long Term Disability, I currently have insurance through my employer, will I still be covered with health insurance with my employer once my FMLA expires ? I also do not recall selecting long term disability as part of my health plan, would I still qualify for it if I apply? Thank you!My Answer
I can't know if you qualify without knowing the plan's conditions; even then the insurance company may buck. It's still worth APPLYING to see and then appealing if necessary. If your FMLA will expire and your employer is not keeping you, then you'll likely be offered COBRA assuming you qualify. Naturally, you'll have that only as long as you opt in and pay for it. Good luck!Ask your question!
Question
I live in Orlando,Fl now I'm separated and trying to divorce my wife does she get any alimony for being married 12 years. we have no children and no assetsMy Answer
The major criteria for assigning alimony are "need and ability to pay" and the duration of the marriage. We would need to know more about her ability to earn and income and who supported you (both) during the term of the marriage in order to give you specific advice. 12 years would be considered a moderate term for a marriage so yes, there's certainly a chance. If you intend to file for divorce, than you'll need to live in the State of Florida for at least 6 months before filing. I highly suggest that you personally consult with an attorney to determine your best course of action. At this point it could be living separately until she's stable and working or filing immediately because we know so little about your fact scenario. Good luck!Ask your question!
Question
To gain more credit as a single father what else should I do other than child custody. Should I take single father classes parenting classes etc....My Answer
Judge's usually order parents to take parenting courses when disputing custody so it can't hurt. Otherwise, judge's are looking for fundamental structure and love ex. healthy meals at a set schedule, fixed bedtime, timely to school, help with homework. Florida Statutes 39.810 Manifest best interests of the child lays out other examples. Good luck!Ask your question!
Question
Traverse on a MTD in a criminal case? Does the filing of a traverse on a motion to dismiss require a judge to automatically deny the motion and subsequent hearing? The facts being argued were not in dispute per State's response, as it goes line by line with the words "agreed" to each of the factual points raised in the motion. However, the traverse ends by drawing conclusions from those undisputed facts; and it was for those conclusions that the MTD and subsequent hearing were denied.My Answer
These are legal arguments then and it'll be up to the judge whether or not s/he wants a hearing, pleadings or is satisfied with the arguments before him/her in order to draw up an order. There is no rule requiring hearing or no hearing. Good luck!Ask your question!
Question
Can I return my son to her mother under my terms cost of travel paid by myself. Child is staying with me for 2 weeks (NY), her mother has changed the dates of when she will pick him up and fly back home (FL)with her. she claims she will bring her back but now has changed her mind and said she will bring her back in the middle of august. Petition has been filed but no court order yet mediation failed. she keeps playing this game. I never agreed to this in the first place she just came and dropped him off just like that.My Answer
Assuming you were married when the child was born and there is no previous order of custody, then there is no custody order to dispute. In which case, you make the rules just as well as she does. If you were not married, the rules are different for father and mother but that's up to a judge to decide. I suggest doing whatever is best for your child/ren and letting the judge decide how any future order will be written. Use of a lawyer is definitely recommended. This is a complicated area of the law where little things ultimately make a big difference is custodial rights. Good luck!Ask your question!
Question
Waiting on my recommendation to become final judgement. How do you count the days? If the recommendation by the magistrate for divorce/child custody was made June 16th then is the 15 day "waiting" period over tomorrow(July 1st) or is it only business days they count? Also, when and how will I know of final judgement?My Answer
Where a written procedure doesn't specify the count, Fla. R. Jud. Admin. 2.514 applies in which case the answer is calendar days but without seeing the recommendation, I can't be certain. Once the final order is signed a certified copy of the court order will be mailed to each respondent, petitioner or their respective attorneys. Good luck!Ask your question!
Question
How can I or what can I do to stop this? The court granted me custody of my kids in 2010. I filed a supplemental petition to relocate with my kids to the Netherlands which the court granted in 2011. I return to the US in 2012. My ex has been on a vendetta from the day I walked out on her in 2009. She continues to file allegation of domestic violence, Child abuse etc. She was also court order to pay child support which she has failed to comply with. I am unemployed and a full time student. What are my options?My Answer
I suggest that you file motions for contempt and enforcement; it would be helpful to see the order of support that you have because you may have other options. Also, her false reports might fairly be considered contrary to FS 39.205(9) for which there are criminal consequences. A lawyer can help you navigate these waters to avoid reprisal and help put you on the offensive rather than what seems to be the defensive. Good luck!Ask your question!
Question
Independent contractor 1099 status for w2 employee. my employer will give me a raise if accept IC 1099 status. I am required to work in the office 45-50 hours per week with no limits on how much more work I will be assigned. I am the manager of the department for company A and the new Company B will pay my 1099 wages (and possible a "bonus" if any money is left over at the end of the year?). I am required to manage 2 other w2 employees and cover their duties if they are absent. One of the other w2employees is trained to cover my position. Note: I work in medical billing and coding. my current w2 salary as $12.50 per hour (with paid 40 hours vacation, holidays, accrued sick time, overtime, health insurance reimbursement of $200/month)... the new 1099 offer is $41000/year to be paid monthly, what taxes will I owe married filing jointly statusMy Answer
You'll need an accountant to answer the question related to taxes owing. As to the rest, it frankly sounds unlawful and it may not be a "raise" you're receiving if you're losing benefits in the process. What about worker's compensation? If you work 47.5 hours over 52 working weeks, you'll work 2470 hours at $16.59 per hour with no paid vacation, no sick time, OT or health insurance reimbursement; never mind the complication of liability. You should consult a tax attorney before making this change. Good luck!Ask your question!
Question
Can I expect my employer to uphold my same rate of pay after returning from LTD? The employer filled my then position and plans to reassign me into a new position if I qualify. Am I entitled to an unemployment benefit until I fill a vacancy? If I should not qualify for a vacancy can employment be terminated?My Answer
Was the disability employment related? Did you go out on FMLA? Have you requested accommodation? I need more information to be helpful. If you're restored to duty, it's most likely that your base rate of pay would be the same but benefits associated with your assignment would not be extended to you unless you're in the same assignment. Once your doctor releases you to full time, they'll most likely have to assign you right away, otherwise you'll have a different claim but again, I'm speculating a bit based on the limited information you provided. Good luck!Ask your question!
Question
Should i be demoted? At the place that i work we have multiple contractors working for a job site on a full time bosses. We are somewhat friendly with one another. One of them texted me and said that he thought another coworker was drinking on the job. I replied that i never knew of this person to do something like that. The accuser said he would watch him and see how it goes. The next day i confronted the accused to see if he had been drinking and filled him in on the circumstances. He denied it and was very upset and called our corporate office. the company lawyer said the best thing was to let it die down and go away. me and the accused work together and the accuse works for another contractor. i was demoted because i didn't report the claim to my supervisor. Mind you i wasn't on duty at the time, but was friends with the accused and was the reason why i was texted. me and the accused where at equal status in the company. He ultimately reported the claim. It seems unfair to me to be demoted with pay loss.My Answer
Do you have a labor contract? Is your position organized under a collective bargaining agreement? Is there an internal grievance process? Are you being discriminated against? Unfortunately, Florida is a right to work state so "unfair" happens all the time; what you need is some other authority from which to complain about in order to make it right. We need more details in order to help you. Good luck!Ask your question!
Question
I want to know if I was wrongfully suspended from work? Within one week some of my coworkers wrote statements saying about how I don't push the uhc lights when I'm on the food table. But I'm the only one that is always on the food table. I been doing this for 2 years.My Answer
I'd need a lot more information to technically answer your question. Is there a grievance process at work? Do you have other disciplinary history? What is the policy re these lights? Do these other coworkers dislike you for some reason? Has anyone else seen you "push the UHC lights" on? Do you work for a public or private employer? If there's an appeal process and you have no prior discipline, then there's a chance that you can have this discipline mitigated but I need more information. Contact a labor attorney for a consultation or edit this question with more information. Good luck!Ask your question!
Question
Protection Order and Active Arrest Order and considering reconciliation with husband. I have a Protection Order for a year and my husband has an Active Arrest Order for 1) Aggravated Battery on Pregnant Female and 2) Battery Domestic Violence. However, I've noticed he has changed and I was always aware that he had psychological issues, including undiagnosed autism and some other personality issue, same as his twin brother. When they were kids they were abandoned by the father, abused by the older sister and her husband and mistreated by their mother who ignored the school's advice of getting psychological help (through adulthood). What is the best way to proceed and what steps to take in order to protect him from going to jail and withdraw the Protection Order without one interfering with the other? Will it help if I don't show up at the Court? Can I drop this charges?My Answer
I would recommend that you seek personal counseling before considering requesting that the court withdraw the order of protection. If he's had these issues - as you say - all his life, it's unlikely that in a matter of months, he's suddenly a changed person. Nevertheless, going to court and telling the judge your feelings on the matter, is likely to be considered. You can also motion to dissolve the injunction but be prepared to justify your request to the judge. Good luck!Ask your question!
Question
How can I solve my outstanding petty theft case from six years ago in Miami? I have been living in New York since the month following the date I received the ticket. It is getting in the way of receiving a good job. I have lost two already over this nonsense. Please help!My Answer
Collect whatever information you can about the citation/notice to appear so that an attorney can more easily communicate with the State Attorney about it. The county, case number, your DL whatever information or documentation you have. Given the passing time, locating the charge may take a bit of time but thereafter, it should be swift. You'll need a Florida attorney to resolve this. Good luck!Ask your question!
Question
Early termination probation condition. Is some one on first offender eligible for early termination of probation as believe it is plea bargain to honor? If there was no prison time can one still apply for early termination of probation? What is the minimum time after one can apply if eligible? How can I improve chances if eligible?My Answer
Notice: I'm licensed in Florida and Connecticut but not Georgia. Many judges will allow early termination upon completion of the conditions of probation. Ex. if you had fines, fees and classes, so long as those are finished, you would qualify. Other judges require completion of the conditions AND passage of half of the time period assigned to probation ex. if the sentence is 12 months, 6 months must have already passed. In either case, the prosecuting attorney's opinion will be weighed and the probation officer asked his/her opinion. Your odds of success improve if these two people have no objection and when you file the motion for early term, you should note what that opinion is even if they do object. Sometimes, if the probation officer doesn't object, they will file the motion for you. Good luck!Ask your question!
Question
Is it possible to request a new family court Judge if he ignores all evidence, recommendations, testimony, etc.? Father's parental rights/visitation with his 4yr old were suspended when he was arrested for child abuse a year ago (victim was another child.) HIS CRIMINAL CASE IS ONGOING. His other children were removed from his home and remain in state custody. Father recently filed motion to resume visitation. At the hearing, Guardian ad Litem (appointed by the same Judge) STRONGLY recommended the father not have ANY visitation with the child for many reasons, not least that the child had spent a year in therapy due to what she witnessed/suffered at the hands of the father. NO witness testified in favor of the father. Judge ignored ALL EVIDENCE and says the father could have supervised visitation, despite his own previous order. There is to be another hearing. Any suggestions??Sorry if I wasn't clear above. The judge has not yet ordered that the father have supervised visitation, but instructed him to file a separate motion for that, and all but guaranteed he would approve it.
The father is not permitted visitation of any kind with his other children. The state is attempting to terminate his rights to them entirely and may have already done so. Mother's attorney and Guardian ad Litem are astonished that the judge is considering giving the father visitation, despite considerable evidence that he is a violent abuser, has severe anger issues, and that the child is afraid of him.
My Answer
It sounds like the mother may be rightfully anxious at the the thought of allowing time sharing. All judge's in my experience weigh heavily on the opinion of the guardian ad litem and from what I've read, the judge is only being very careful to simply afford all parties their civil rights. By suggesting that the father file a motion to resume time sharing, the judge is effectively saying "I'll listen to your argument" which the judge would have to do whether or not the judge suggested filing or not. With that said, you could still motion to recuse the judge (although I've heard no grounds for this to be granted) or if the father is actually afforded time sharing after his motion is heard, then the mother could file an appeal. The mother could even go so far as to move out of the county so that if future actions are filed, the venue should be in the new county. Use of an attorney is recommended. Good luck!Ask your question!