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Michael David Fluke

Michael David Fluke

Michael D. Fluke, P.A.
  • Divorce, Family Law
  • Colorado, Florida, Massachusetts
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Biography

Michael D. Fluke, P.A. is an A.V. rated law firm low volume practice handling serious Divorce and Family Law and matters. When you are dealing with matters of Custody, Alimony or Equitable Distribution, you may need to fight for your rights. Michael D. Fluke, P.A. is always ready to help you fight. Receive the personal attention you deserve!

Education
Duquesne University School of Law
J.D.
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University of Colorado - Boulder
B.A.
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Professional Experience
Managing Partner
Michael D. Fluke, P.A.
- Current
Awards
10 rating
AVVO
AV rating
Martindale Hubbell
Professional Associations
hillsborough county bar association
- Current
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Clearwater Bar Association
- Current
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Florida State Bar  # 97829
Member
- Current
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Jurisdictions Admitted to Practice
Colorado
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Florida
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Massachusetts
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Fees
  • Free Consultation
    Free 30 minute counsultation
  • Credit Cards Accepted
    Visa, Mastercard, American Express, Discover
Practice Areas
    Divorce
    Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Family Law
    Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Languages
  • English
Legal Answers
Q. I live in florida and my husband and I are separated. I refianced my home and paid him so he could buy another property.
A: It seems to me from the limited amount of information provided, that either you both have an interest in the other's real property or neither of you do. Start with the premise that you are both still married. Therefore both properties are marital and subject to equitable distribution. Now if you can show a court that you refinanced AND your spouse deeded the home over to you, the Court could consider that a gift to you and thereafter deem it non-marital or separate property. Gamesmanship aside, remember that Florida Family Law courts are courts of equity as well as law. Judges do not like people playing games. If it was clear that the intent of the parties was that you buy him out of the home for $20,000.00, that is likely what the court is going to do. Even if the court deems both properties marital, the court can choose to set things right by using unequal distribution or selecting a more appropriate valuation date for such marital property. All of these words are a bunch of legal mumbo jumbo for the court will do what they believe is right. I do suggest you consult an experienced local family law attorney to discuss this in greater depth. Good luck!
Q. Can a petition for modification of alimony be dismissed without a hearing?
A: What is required is that a responsive pleading be filed within 20 days. A motion to dismiss is a responsive pleading. A motion to dismiss a supplemental petition for modification of alimony would generally be based upon a lack of a substantial, unanticipated, change in circumstances. Examples may be that the change in income is not so substantial as to change the need or ability to pay alimony or that such a change is not permanent in nature. Cases seem to indicate that a change in income that has been present for less than a year of time is not permanent and therefore not substantial. In these cases, motions for temporary modification or abatement may be more appropriate. I suggest you consult an experienced local attorney to discuss your options. I wish you the best of luck.
Q. Does he not owe child support due to COVID lockdowns and terms of the child support agreement?
A: He appears to be off the hook as long as you allow him to be. Your ex cannot be required to pay for a daycare that is not in operation. Now, if you were to ask him to pay the same amount to the new daycare and you are willing to pay the difference, I think you would have an argument. Otherwise, you will have to file a supplemental petition for modification of child support stating that there is a substantial change in that the daycare is closed and asking for that his portion of the daycare expense now go to you. I wish you luck!
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Websites & Blogs
Website
Website
Contact & Map
Michael D. Fluke, P.A.
1022 Main Street
Suite E
Dunedin, FL 34698
Telephone: (727) 793-9000
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM (Today)
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: Saturday and Sunday By Appt Only
Michael D. Fluke, P.A.
620 East Twiggs Street
Suite 209
Tampa, FL 33602
Telephone: (813) 380-9095
Fax: (727) 793-9008
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM (Today)
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: Saturday and Sunday by Appt Only.