Divorce, Family Law, Collections Attorney

Carmen G. Soto, P.A.

600 South Andrews Avenue
Suite 403
Fort Lauderdale, Florida 33301
USA

(954) 523-0703

(954) 688-2994

www.csotolaw.com

Contact the Firm

Law Firm Overview

Carmen G. Soto, P.A. handles divorce, bankruptcy, and criminal law cases in Broward, Dade, Palm Beach and all surrounding areas.

Attorney Carmen G. Soto was recently chosen for inclusion in 2012 Florida Rising Stars list, in Florida Super Lawyers magazine. An honor reserved for those lawyers who have chosen excellence in practice.

Practice Areas

Additional Practice Areas: Equitable Distribution; Collections; Misdemeanors; Arraignments; Detention Hearings; Violation of Probation; Drug Trafficking; Drug Possession.

Practice Areas Description

Carmen G. Soto, P.A. provides legal representation and services in the following areas of practice:

- Family Law

• Divorce

Florida is considered a "no-fault" divorce state. This basically means that one spouse cannot prevent a divorce from occurring if the other spouse indicates that she or he wants the divorce. There are only two requirements to obtain a divorce (1) one of the parties needs to have lived in Florida for a minimum of six months immediately preceding the filing for divorce; and (2) the marriage must be irretrievably broken.

• Child Custody & Visitation

Shared parental responsibility means both parents retain full parental rights and responsibilities with respect to their children. Both parents must confer and cooperate with each other so major decisions affecting the welfare of the child are determined together. All major decisions are still to be made by both parents. Access to all school activities, medical records, and all information regarding the children should be shared.

• Alimony

There are several kinds of alimony that the court can award a party in a divorce action (1) Periodic Alimony, (2) Lump Sum Alimony (3) Rehabilitative Alimony, (4) Bridge the Gap Alimony and (5) Permanent Alimony.

• Child Support

Florida utilizes Uniform Child Support Guidelines, governed by Florida Statute 61.30. This guideline is basically a worksheet for determining the amount of child support that each party is liable for. Each parent has the moral and moreover the legal responsibility to financially support their children. The court will calculate what each party will contribute according to the proportionate share of each party's income. The financial information that must be disclosed and included in the child support guidelines includes, but is not limited to gross income, net income, unreported income, income in the form of non-cash contributions, costs for health insurance for the children, daycare and child care costs.

• Equitable Distribution

For the most part, all assets and debts that were acquired during the marriage are subject to equitable distribution. Equitable does not necessarily mean "50/50" split, it means equitable or in other words, what is fair. There are some very detailed and defined exceptions such as inheritances and passive appreciation. The presumption under Florida Statute 61.075 is that the division be equal. It doesn't matter under whose name the asset is under, or which party incurred the debt.

• Paternity Disputes

In Florida, children conceived or born during marriage are presumed to be the children of the husband and the wife, and all parental rights and obligations belong to the husband and wife. Often a child born to an unmarried man and woman is not automatically presumed to be the man’s child. This means that the parental rights of the father need to be established and protected. Time-sharing and the obligation to provide support to the child need to be ordered by a court of competent jurisdiction.

- Civil Litigation

• Collections

At times a demand letter from a collections law firm resolves the matter in an amicable fashion without having to file suit. This is the case because those who owe money are at times more receptive and responsive if an attorney sends them a letter. If the debtor still refuses to pay the amount owed, a lawsuit is filed and the debtor is taken to court. Filing a lawsuit and obtaining a favorable judgment is step one in getting our clients the money owed them.

- Bankruptcy

• Chapter 7

The most common type of bankruptcy proceeding is a Chapter 7 liquidation bankruptcy. It is called a "liquidation" bankruptcy because the trustee will sell (or liquidate) non-exempt property of the debtor and the proceeds of the sale will be equally distributed between the creditors. Under a Chapter 7 bankruptcy, your debts can be discharged (wiped out) by the court within 3 to 4 months if there are no objections by creditors or by the trustee. No payments have to be made to creditors once the matter is discharged. Contact Fort Lauderdale Bankruptcy Lawyer Carmen G. Soto to assist you in your bankruptcy case.

• Chapter 13

Bankruptcy proceedings under Chapter 13 bankruptcy are a little different than Chapter 7. In a Chapter 13 bankruptcy, your disposable income is paid out to creditors over three to five years. Once you are done with your payment plan, the remainder of your debts are discharged. Disposable income means whatever money is left over to pay creditors after your everyday living expenses are deducted from your income. Although you have to pay a portion of your debt, there are benefits to a Chapter 13. Under Chapter 13, you can keep your non-exempt property. You can also force your mortgage company or car loan company to allow you to catch up on any missed payments under the plan. The payment plan has to be approved by the courts and it is only available to debtors that have regular wages or a steady source of income.

- Criminal

Our firm can assist you with your criminal case. We provide trusted legal solutions to clients in the following practice areas:

. Felonies and Misdemeanors;
. Weapons Charges;
. Defense DUI Driving While License Suspended;
. All Juvenile Offenses;
. Burglary / Robbery / Theft First Appearances;
. Arraignments;
. Detention Hearings;
. Violation of Probation;
. Assault;
. Battery;
. Drug Trafficking;
. Drug Possession;
. Domestic Violence;
. Sealing and Expunging of Record.