Mb civil suit rulings 11/15/2022

[Rubyroo]

@Joanne

Alper Law – 2 Dec 22

Florida Residency Legal Guide and Requirements - Alper Law

Up to date Florida residency requirements and explanation for how to become a Florida resident.

Thanks for this - this article also mentions the 183 day rule, but it doesn’t say whether someone has to live in FL for 183 days prior to declaring residency.

[Warmblood1]

Even if MB at one time was residing in the state of NJ, that does not condemn him to that location forever. They are going to look at where he currently resides IMO. He has the right to reside where he wishes. He is not a criminal bound to any state like some criminal cases where violent felons are not permitted to leave a particular state. MB holds no criminal charges.

I think it is wishful thinking for some that MB’s assets can be seized and that he not be able to move home. I don’t think that is logical to think, however.

[Angela_Freda]

@Rubyroo

Why are you so bitter and miserable?

[Knights_Mom]

@Rubyroo

@Knights_Mom

Give it up. He’s a resident of Florida. And it really doesn’t affect you.

Why are you so bitter and miserable? If you don’t like my questions, don’t answer them.

Like I said before, none of this affects anyone here, but we are all allowed to discuss it as long as a thread is open.

Recognizing your apparent confusion regarding post content and its meaning I’m noting that grasping tonality is something you are also mistaken about as I’m not posting bitterly or miserably at all.

[Rubyroo]

@Omgitsme

He owns a farm in FL and like most wealthy equestrians resides in Florida for the winter show season.

This doesn’t mean that he was an official resident of Florida.

[ekat]

@Rubyroo

Thanks for this - this article also mentions the 183 day rule, but it doesn’t say whether someone has to live in FL for 183 days prior to declaring residency.

The 183 day rule isn’t a FL requirement. It’s what some other states require for you to give up residency in their state. In other words, some states require you to be gone 183 days in order to give up residency.

[Omgitsme]

Not on its own, no. But you mentioned living there the required amount of days and he probably would have those under his belt from the show season. A lot of farms spend 50% of the year in FL, not just the winter months.
I don’t know how MB did it, I really don’t know much about the guy, but I would assume he spent 4+ months a year in FL.

ETA: As someone else mentioned, not all states follow the 183 day rule.

[Rubyroo]

@ekat

The 183 day rule isn’t a FL requirement. It’s what some other states require for you to give up residency in their state. In other words, some states require you to be gone 183 days in order to give up residency.

I mean, this is copied directly from your link so:

How long does it take to establish residency in Florida for tax purposes?

Most states implement what is known as the 183-day rule, which requires that a person reside in Florida for at least 183 days (more than six months) to be considered a resident.

During the 183 day window, it is also wise to follow a Florida residency checklist to ensure that you have demonstrated your intent to call Florida your permanent home.

It also says there is no waiting period to establish FL residency so that answers my other question too.

[Omgitsme]

I don’t know much about residency so this may be a dumb question but is that 183 consecutive days? The link won’t load for me or I would check myself.

[Einhorn]

@Rubyroo

Thanks for this - this article also mentions the 183 day rule, but it doesn’t say whether someone has to live in FL for 183 days prior to declaring residency.

Residency law is a bit of a slippery fish. Generally if you do live somewhere for x days, you’re expected to do the things that residents do, like have an address and locally issued DL. But if you don’t do those things, then you can certainly argue you have not changed your residency.

I’m guessing this is not going to come up in this case because, again, when raised in the motion to amend, LK didn’t contest, and that probably ended her ability to make it an issue.

And it’s really not something you’d want to adjudicate without actual knowledge of the other party’s residency.

[Knights_Mom]

The majority of the year. Six months and 1 day. In court cases like for child support its usually last 6 months to establish jurisdiction.

[MHM]

@Omgitsme

I don’t know much about residency so this may be a dumb question but is that 183 consecutive days? The link won’t load for me or I would check myself.

I don’t think so. I have a friend with a place in Florida who pays fairly close attention to the number of days they spend there, and they’ll go down for an occasional stretch in the spring and fall on top of spending winters there. Maybe not as much during the summer. Lol.

[Rubyroo]

@Omgitsme

Not on its own, no. But you mentioned living there the required amount of days and he probably would have those under his belt from the show season. A lot of farms spend 50% of the year in FL, not just the winter months.
I don’t know how MB did it, I really don’t know much about the guy, but I would assume he spent 4+ months a year in FL.

ETA: As someone else mentioned, not all states follow the 183 day rule.

He certainly could have met the 183 day requirement, but it turns out one doesn’t need to before declaring residency, so even if he had been a NJ resident up until the shooting, he shouldn’t have any problem switching to FL quickly (and maybe already has).

[Rubyroo]

@Einhorn

Residency law is a bit of a slippery fish. Generally if you do live somewhere for x days, you’re expected to do the things that residents do, like have an address and locally issued DL. But if you don’t do those things, then you can certainly argue you have not changed your residency.

Based on the article posted here, I suspect that Michael already has fulfilled enough requirements to declare himself a FL resident.

[ekat]

It wasn’t my link, but…it also states, which is referring to OTHER state requirements, ie: NY.

Also:

[Warmblood1]

It looks like he established an LLC in FL, I believe at his current FL residence, in 2013, no later than 2014. I imagine he has been a resident in FL for X amount of months of the year since:

http://search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=ForwardList&searchNameOrder=MICHAELBARISONEDRESSAGESTABLES%20M130000071130&aggregateId=forl-m13000007113-b078930f-65dd-4e32-9ffb-bbea67e5ccb3&searchTerm=MICHAEL%20BAHER%20PROPERTIES%2C%20INC.&listNameOrder=MICHAELBANKS%20L050000631320

I would also imagine if he were a primary resident of NJ, he would not have FL vehicle tags. That to me indicates residency in FL.

ETA- looks like the property of this LLC was purchased in 2016 so I suspect official residency was established in 2016.

[Rubyroo]

@ekat

It wasn’t my link, but…it also states, which is referring to OTHER state requirements, ie: NY.

Also:

Yep, I saw all of that, and my take is that you can declare FL residency without having to live there for 183 days first (as long as you meet the other requirements), but once you are considered a FL resident, you have to live in Fl for 183 days of the year. This makes sense, otherwise an out of state person who buys a house in FL wouldn’t be able to become a FL resident until more than halfway through the first year living there.

[Joanne]

Why would anyone think he would be a resident in New Jersey where he would have to pay state income tax? Florida doesn’t have a state income tax.

[Rubyroo]

@Joanne

Why would anyone think he would be a resident in New Jersey where he would have to pay state income tax? Florida doesn’t have a state income tax.

If he wasn’t staying at the farm in FL for at least 183 days out of the year, he would have been ineligible for FL residency.

[Knights_Mom]

Oy. Make it stop.