The Law Office of Tonya D. Cromartie, P.A. The Law Office of Tonya D. Cromartie, P.A.2026-04-22T21:42:51Zhttps://www.daytona-law.com/feed/atom/WordPress/wp-content/uploads/sites/1403959/2020/10/cropped-site-icon-32x32.pngOn Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[Can you get a ‘hardship’ license after a Florida DUI?]]>https://www.daytona-law.com/?p=497842025-10-02T20:16:12Z2025-10-02T20:13:15ZMandatory requirements and waiting periods
Before the state grants you a restricted license, you must meet specific requirements. First, you must enroll in a Florida-licensed DUI school and provide proof of enrollment for either the Level I or Level II course.
The state may also require you to serve a mandatory no-driving period, sometimes referred to as "hard time," before you can apply.
If your suspension was due to an unlawful BAC, .08 or higher, the mandatory no-driving period is 30 days only if you fail to request a waiver review within the 10-day period or lose a formal review hearing.
If your suspension was based on refusing a breath, blood or urine test, you typically must wait at least 90 days.
If this is your first DUI offense, you can waive a formal review hearing, which can speed up the process. However, the guidance of an experienced attorney is crucial.
Applying for a BPO
You cannot apply for the license at a standard driver's license service center. Instead, you must submit your application to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Bureau of Administrative Reviews (BAR) office, as they are the sole authority that handles these administrative matters.
Steps involved in the process include:
Wait out a “hard time” period, if required
Submit the correct form and pay the filing fee
Provide proof of DUI school enrollment or completion
Gather documents like employment letters or a school schedule to prove your need for a “business purposes” license
An administrative hearing officer reviews your application, driving history and other evidence you provide. The hearing, which often happens over the phone, is your chance to prove that a complete suspension constitutes a severe hardship.
However, be aware that a BPO license is strictly limited to driving for purposes related to work, school, necessary household errands, medical appointments or church. Driving for any reason other than those specified by the DHSMV can be deemed a criminal offense.
Take action to protect your future
Florida’s administrative process is highly bureaucratic, with stringent timelines. A simple mistake on your paperwork or missing a deadline can result in a denial, leaving you without a license for many months.
An experienced DUI defense attorney can handle the complex paperwork, guide you through the process and prepare you for your hearing. A skilled lawyer can significantly increase your chances of approval and help you regain driving privileges.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[How job changes affect child support and alimony in Florida]]>https://www.daytona-law.com/?p=497782025-07-21T07:50:03Z2025-07-21T07:50:03ZIf your income changes because of a job loss, an involuntary demotion or a permanent financial setback, you can ask a Florida court to modify your child support or alimony. But courts don’t make these changes automatically. You need to prove that your situation isn’t just temporary or minor. It has to be serious, long-term and something you didn’t cause on purpose. That means a short layoff or a slow sales season usually won’t qualify.
Here’s what you need to know about how Florida courts look at different types of job changes and what they mean for your support obligations.
What courts look for in voluntary job changes
If you leave your job by choice or take a lower-paying role for personal reasons, the court looks closely at your intent. Florida courts examine whether you made your employment change in good faith because they want to confirm that you didn’t reduce your income to avoid your financial responsibilities. When you quit without a legitimate reason, launch a lower-paying business or cut your hours while still capable of full-time work, you weaken your case for relief. Courts take these situations seriously to protect your children’s or your former spouse’s right to support.
How raises, promotions or new jobs affect support
Not every job change lowers your income. Sometimes, you land a raise or promotion that significantly increases what you earn. When that happens, the other parent or your former spouse may ask the court to modify your child support or alimony. Florida courts focus on what’s fair, so if your ability to pay improves, they often adjust your support obligations to reflect that. But the court doesn’t just look at your paycheck; it weighs what your family reasonably needs to stay supported.
Protecting your finances and your family
When your income changes – whether for better or worse – you need to take action before problems build up. Florida courts won’t modify your support unless you request a formal review and prove that your situation meets the legal standard. By acting early and addressing these changes head-on, you protect your financial stability and meet your obligations, keeping your family’s future on steady ground.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[How much can children’s wishes influence custody terms?]]>https://www.daytona-law.com/?p=497762025-04-12T21:16:50Z2025-04-12T21:16:50ZChildren don't set their own custody terms
While parents do often want to respect their children's wishes and the courts consider their preferences, children cannot make decisions about their own upbringing. They generally lack the legal authority to do so until they become adults themselves.
Parents trying to negotiate custody arrangements can consider their children's wishes. If the matter goes to court, then a judge may also explore the children's preferences. Family law judges may speak with individual children about their wishes. The older and more mature the children seem, the more weight their preferences may carry.
State statutes do not establish a minimum age at which a child can express their preferences. Judges have to make a decision based on the child's perceived maturity level and how they explain the basis for their preferences.
Parents can use their court-ordered time-sharing as an opportunity to heal their relationship with their children. In cases where one parent uses the children's preferences as an excuse for refusing the other time with the children, it may be necessary to enforce the existing custody order or ask a judge to modify it.
Learning more about the terms that apply to contentious child custody cases can help parents advocate for themselves and for their bond with their children. Even parents struggling to connect with their kids have a right to time-sharing in most cases.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[How is debt handled in a Florida divorce?]]>https://www.daytona-law.com/?p=497642025-01-17T20:52:20Z2025-01-17T20:49:48ZMarital vs. non-marital debt
One of the first steps when dividing assets and debts is categorizing the asset or debt as marital or non-marital property. Marital debt is generally debt incurred during the marriage regardless of which spouse is named on the account. This can include mortgages, credit card debt, car loans, and medical bills.
Non-marital debt is typically debt a spouse incurred before the marriage. In some situations, the court may also consider debt acquired after the spouses separate as non-marital. This determination depends on the specific facts of your case.
Equitable distribution of debt
As noted above, Florida courts aim for a fair and equitable distribution of marital debt. The court considers numerous factors when determining the division. Questions the court may ask can include:
How long were you married?
What is each spouse’s economic circumstance?
How did each spouse contribute to the marital estate?
Did either spouse interrupt their career or education to help with children or to care for the marital home?
Navigating debt in a Florida divorce can be complicated. It is important to note that the divorce negotiations are often only one step in addressing debt. You may also need to take steps to address your credit and mitigate the risk of your ex impacting your future finances. Knowing how courts handle debt and learning how to deal with creditors and your credit score can help you navigate the process in a way that reduces the risk of surprises after you finalize the divorce.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[2 things to discuss in a custody order]]>https://www.daytona-law.com/?p=493332023-06-09T13:10:30Z2023-03-22T20:50:35ZAre you going through a divorce and you have a child involved? Then it’s very likely that you’ll make a child custody order.
When planning out a child custody order, you may need to make the following considerations:
Sole or joint custody
Child custody agreements are either made with sole or joint custody in mind. While courts typically push for a joint custody arrangement, some family dynamics may require one parent to take sole custody. But, how are sole and joint custody different?Sole custody is for parents who may need exclusive legal and physical custody of their child. Legal custody allows a parent to decide what’s best for a child’s upbringing, such as their education, health care, religious instruction and other important matters. Physical custody determines where a child lives – sole physical custody means the child would live with the custodial parent (although visitation may be ordered with the other parent).Joint custody gives both parents some rights over their child’s upbringing. With joint custody, each parent will have equal legal custody and physical custody rights. What this means is that parents share responsibilities to decide their child’s education, health care and other important life issues. They may also split where their child lives.
Co-parenting or parallel parenting plan
If parents decide to work out a joint custody arrangement, it doesn’t necessarily mean that both parents have to constantly work side-by-side. In other words, parents may have a co-parenting or parallel parenting plan – this often reflects how well parents work together. A co-parenting plan generally means that parents have constant communication about their children and the custody arrangement since they have to work together on many issues. By comparison, a parallel parenting plan is for parents who can’t agree on a single parenting method. This type of plan allows both parents pretty broad autonomy when they have the children in their care, and usually limits communications with the co-parent through approved channels.These are only a few considerations you’ll likely make during the discussion process. As a parent, you may need to be aware of all of your legal options when planning out a child custody order.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[4 useful co-parenting tips and tricks]]>https://www.daytona-law.com/?p=493262023-06-09T13:10:48Z2023-03-22T14:37:57Z1. Embrace written communication
Direct verbal communication is a challenge for the average couple adjusting to co-parenting after cohabitating and raising their children as a unit. What should have been a brief check-in about someone's hockey schedule or math test turns into a screaming match in the driveway.
At least at first, communicating almost writing is the best option. Written communication, possibly through a parenting app, means that there is a record, which can stop people from saying cool and threatening things to one another. It also means that they will be a record of all plans and adjustments that people can reference in the event of disagreements or confusion.
2. View them as a co-parent, not a former partner
It will not benefit the parenting relationship or the children for the parents to maintain this intense, high-conflict dynamic. Once parents decide to end their relationship with one another, they should start trying to view each other as co-parenting partners and a source of support rather than someone they need to fight.
3. Be flexible to benefit from flexibility
Often, parents adjusting to time-sharing arrangements engage in malicious compliance where they follow the parenting plan to the letter and deny any requests for adjustments. Scheduling changes and other compromises will have to occur frequently throughout a co-parenting relationship. Being hostile and inflexible when a parent makes a request only means that someone will likely face similar levels of hostility and opposition when they need to make changes.
4. Know when to make formal changes
Parenting plans don't always align with what a family needs. Job changes, health issues and even kids moving on to high school from middle school can make an existing arrangement obsolete. Going back to court for a formal modification is important not just to avoid conflicts but to ensure that the support order is also an accurate reflection of the division of parenting time.
Recognizing some of the challenges that your family will face as you transition from a romantic relationship to a co-parenting relationship will make it easier to prevent conflicts from spiraling out of control. If, at any point, you have questions, just remember that you can always seek legal guidance. You don’t have to wait until something has gone wrong to speak with an attorney.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[How do you talk to your kids about your divorce?]]>https://www.daytona-law.com/?p=493232023-03-09T22:06:24Z2023-03-09T22:06:24ZThere are some conversations that you want to have with your children when they get older. A talk that can’t wait, however, is one that discusses your upcoming divorce. Your children will have a lot of changes in their life after divorce and you need to prepare them for it.
But, how do you talk to your children about divorce? For starters, your children may not all be in the same age range, so they may not equally understand the situation. And, there may be changes that you don’t know where to begin talking about.
1. Have this discussion as a family
Your children look to you and their other parent for care, guidance and support in life. You may consider taking steps so they continue seeing you and your spouse as such. Having “the talk” as a family helps reinforce the idea that both parents will still be present in their lives.
2. Pick your time carefully
This talk may not want to be done before school or bed, however. This could give your children the wrong impression in the future and harm their experiences. Instead, you may want to plan this talk at the start of a weekend or whenever your children have plenty of time to process what divorce means.
3. Let your children ask questions
Children are full of questions, and divorce is likely something they don’t have a solid grasp on. The questions they may ask often vary depending on a child’s age, but let your kids ask whatever they need to ask. Do your best to answer them honestly, without burdening them with “adult” information about the specifics of your marital problems. Focus their attention on practical concerns, such as who will live where.A lot in life is going to change for your children and they may need to know. If you work with someone who can give you legal guidance, then you may have some idea as to what’ll be different after the divorce.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[People often hide assets in very simple ways]]>https://www.daytona-law.com/?p=493182023-02-19T14:52:17Z2023-02-19T14:52:17Zvery simple tactics that should be fairly easy to uncover if you believe your spouse is considering this.
Putting assets in a safe deposit box
One tactic people use is simply to remove assets from the house – or financial accounts – and put them in a safe deposit box they don’t tell their spouse about. For instance, your spouse may have been getting cash back with their ATM card every time they go to the grocery store. They’re hoping you don’t notice those withdrawals while stashing the money on the side.
Giving money to a friend
Another example of how people do this is when they give away their money. For instance, they could make up an excuse about how they owe one of their friends $10,000 for a debt they forgot about. But they’re actually just giving their friend $10,000 to hold until the divorce is over when they plan to get it back. Some people will even transfer major assets, such as real estate.
If you believe your spouse is going to do this, it’s crucial that you know exactly what legal steps you can take during the divorce process.
]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[2 mistakes that can hurt your DUI case]]>https://www.daytona-law.com/?p=493162023-02-09T20:25:49Z2023-02-09T20:25:49ZIf you are charged with drunk driving in Florida, you are probably concerned about your future. What you do following a DUI charge will impact the outcome of your case. Making the right steps will help better a bad situation. Making certain mistakes, however, will worsen the potential for a good outcome. That being said, here are two mistakes you want to avoid after a DUI charge:
1. Talking about your case online
There is no doubt that facing a criminal charge is a terrifying experience. As such, it is only natural to want to turn to your social media audience for emotional support. Doing so, however, is a serious mistake that will only compound your predicament. As long as your case is active, the prosecution will be looking everywhere for evidence to strengthen their case – and that includes perusing your social media profiles. To be safe, avoid posting anything relating to your case on social media. Better still, deactivate your social media profile until the matter is resolved.
2. Driving without a license
If you are charged with drunk driving, your driver’s license will be suspended. Driving with a suspended license will certainly land you in more trouble if you are caught. In fact, this can lead to the revocation of your bail, which could leave you stuck in jail until your DUI case is determined.
Explore your legal options
Actions have consequences. If you are charged with DUI in Florida, one of the most prudent steps you can take is to figure out your defense options so you can fight the charges against you.]]>On Behalf of The Law Office of Tonya D. Cromartie, P.A.<![CDATA[Has your ex breached the custody agreement? ]]>https://www.daytona-law.com/?p=493102023-01-27T03:11:07Z2023-01-27T03:11:07ZThere are a number of issues to settle during divorce negotiations. For parents, their top priority tends to be child custody. Hopefully, you and your co-parent can come up with an agreement amicably that meets the best interests of the child. Failing that, the court will step in and do what they think is in the child’s best interests.
Once set, custody orders are legally binding. A parent may be disgruntled if they do not agree with the order, but they still have to stick to it. What happens, then, if your ex has failed to live up to their end of the arrangement?
What’s the nature of the breach?
Life can throw up unexpected events, and one of these may impact your co-parent’s ability to meet their custody obligations. Ideally, they will let you know beforehand. In an emergency, however, this may not be possible. Generally, the courts will not intervene if the custody order has been breached because of an unpreventable emergency. Habitual breaches, on the other hand, are a different matter. A repetitive pattern of failing to stick to the custody arrangement will not sit well with the family court. Instability and uncertainty are not good for you or the kids, and you can appeal to the court to take action.
What are the potential remedies?
If your ex has repeatedly broken the custody arrangement, then you can ask the court to enforce the order. They might even make a modification depending on the nature and regularity of the breaches. In severe cases, your ex could even face criminal penalties for contempt of court. Having a workable and stable child custody arrangement will benefit your kids post-divorce. If you are having issues relating to this matter, be sure to explore your legal options. ]]>