About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
What Is Home Rule?
What works for a bustling metropolis like Chicago might not work for a small town in central Illinois. Similarly, large cities might differ from state politics in important social and political ways. So, why should every area of a state necessarily follow the same rules? Home rule refers to the power of local governments in the United States to pass laws and govern their own affairs. It gives communities more control over policies that directly affect them. However, state governments can still …
What Is Forum Shopping?
Choosing the proper court can mean the difference between winning and losing a case. Forum shopping occurs when litigants select a jurisdiction that offers procedural or legal advantages. While this tactic can be advantageous, legal doctrines and court rulings limit forum selection to prevent abuse and ensure fairness. Understanding how forum shopping works and when it is legally permissible is essential for anyone involved in litigation. Learn how experienced attorneys navigate this process to …
How Are Juries Selected in Civil Cases?
The composition of a jury can make or break a civil trial, influencing the outcome before a witness takes the stand. Jury selection is a crucial step in determining case outcomes. The process involves more than just randomly picking names — it involves strategy. Lawyers on both sides work to ensure that jurors are impartial while also considering how each person’s background, experiences, and biases might influence the verdict. Understanding this process can help you navigate jury duty or …
What Is Genetic Discrimination?
Genetic discrimination is employment discrimination based on an employee's or an applicant's genetic information or family medical history. Federal law provides workplace protections against taking adverse employment action based on genetic testing or family illnesses. Charging more for health insurance premiums, disparate treatment, or making hiring decisions based on genetic services exposes employers to liability. Legal remedies for employees facing unlawful termination or retaliation …
When Can Child Support Be Terminated?
Child support can be terminated if the family court determines that the parent must no longer provide financial support. Depending on state guidelines, child support terminates upon legal emancipation, the age of majority, high school graduation, military enlistment, the child's marriage, or the child's death. Payment obligations may end when there is a custody change, the parents reunite, after a step-parent adoption, or upon the paying parent's death. A parent is still responsible for support …
How Do You Change a Child Support Order?
To change a child support order, file a modification petition with the family court to show a material change in circumstances and serve legal papers on the child's other parent. Changed circumstances may include an income reduction, involuntary job loss, custody arrangement shift, or medical emergencies. Either parent can file for a temporary reduction or permanent modification, with an evidentiary hearing and financial affidavit showing a substantial financial burden. The court can also …
How Do You Enforce a Child Custody Order?
Enforce a child custody order by filing a motion for contempt with the family court with proof of service to the other parent. The court issues a show cause order requiring the parent to appear for a court hearing and explain why they violated the visitation schedule or custody agreement. After showing violation evidence, the court can award the parent make-up parenting time, attorney fees, supervised visitation, and approve a modification petition. The court can also issue a writ of assistance …
Child Support: A Legal Overview
Child support is a court-ordered financial obligation for the noncustodial parent to make payments to the custodial parent to help pay for the child's basic needs. Each parent has a legal obligation to provide for their child's living expenses, medical care, health insurance, and educational costs. The family court determines child support based on state guidelines, income share models, standard of living, and specific needs of the child. After paternity establishment, the court can assess …
How Can the Government Use My Personal Data?
The government can use government surveillance, electronic tracking, and data sharing of digital records for national security reasons. However, individuals still have Fourth Amendment rights against searches without probable cause or a search warrant. Individuals can lose their personal data privacy rights by sharing data with service providers under the third-party doctrine. Some states have strong statutory privacy laws for data collection and data retention. If law enforcement or federal …
What Are Sanctuary Cities?
Sanctuary cities are local jurisdictions that have limited cooperation with federal immigration enforcement. Towns and cities have municipal policies for law enforcement that limit information sharing and ignore ICE detainer requests to hold suspected undocumented immigrants in local jails. The 10th Amendment gives states limited independence from federal administrative requests, subject to federal funding threats. Reasons for sanctuary cities' non-cooperation ordinances include public safety …
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