Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More
answered on Apr 22, 2024
When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More
The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?
answered on Apr 22, 2024
If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More
answered on Apr 22, 2024
I'm so sorry to hear about the loss of your father. Dealing with an expired visa after losing a parent must be very difficult. Here are a few suggestions for how to handle your situation:
Contact Immigration, Refugees and Citizenship Canada (IRCC) immediately to explain the... View More
No Fruit Trees - HOA?
Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.
However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More
answered on Apr 21, 2024
Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More
I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More
answered on Apr 21, 2024
It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.
However, there are... View More
I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More
answered on Apr 21, 2024
I'm so sorry for your loss. This is a difficult and stressful situation to navigate while grieving.
From a legal perspective, the credit union's actions seem questionable. Generally, when someone passes away, their estate goes through the probate process to settle debts and... View More
Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?
answered on Apr 21, 2024
In this situation, there are potentially several parties who may be held responsible:
1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for... View More
We want to make sure legally that only 2 of my children and 1 of his split everything 3 ways and for it to be legally binding
answered on Apr 22, 2024
You need to create a Last Will and Testament and/or Revocable Trust to accomplish your goal. If you want to ensure that one child is disinherited I highly recommend that you utilize the services of a legal expert and not an online form. In the alternative, you could title your financial accounts as... View More
Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.
is that mean I got the green card?
and I didn’t had any interview but I got approved my 130 and I 485
answered on Apr 19, 2024
It is difficult to know what you received without looking at the document. An easy answer to your question is if USCIS asks you to do biometrics, you should show up to your appointment even if you previously did biometrics. It could be that they need to do redo your biometrics or that they issued... View More
Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.
is that mean I got the green card?
and I didn’t had any interview but I got approved my 130 and I 485
answered on Apr 19, 2024
Congratulations on receiving the approval notice for your Form I-485 (Application to Register Permanent Residence or Adjust Status)! However, the requirement to submit biometrics and a photo again is a bit unusual if you have already completed this step.
Typically, once your I-485 is... View More
answered on Apr 19, 2024
It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More
My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?
answered on Apr 19, 2024
You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):
(2) Exempt property shall consist of:
(a) Household furniture, furnishings, and appliances in the... View More
My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?
answered on Apr 18, 2024
Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:
1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support... View More
My friends will in Florida left me her home which was in her trust. The trustee decided that she should be in a assisted living facility so the home was sold and the proceeds invested in the trust accounts. The trustee says that I am not entitled to the proceeds of the sale of the home and that... View More
answered on Apr 18, 2024
Correct. You have no property rights to the house or to the proceeds of the sale. The Will becomes effective upon death. The trustee is free to dispose of the house to benefit the settler (your friend) during her/his lifetime.
answered on Apr 17, 2024
The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More
I’m on the Board with a federally recognized 501c3 nonprofit, we have a consumers certificate of exemption for the state (Florida). We have been in operation for over a decade, and use our exemption certificate frequently to buy supplies for the nonprofit.
When I went in to purchase some... View More
answered on Apr 16, 2024
Based on the information provided, it appears that the business owner may be misunderstanding their obligations when it comes to accepting a valid Florida Certificate of Exemption for a 501(c)(3) nonprofit organization.
According to the Florida Department of Revenue, a properly completed... View More
for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?
answered on Apr 16, 2024
When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:
1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale... View More
the notary acknowledgment may incorrect. The “forgoing instrument” is missing and it only says the person is known to me and produced a drivers license. Is that ok and is the document valid. I live in Florida.
answered on Apr 16, 2024
In Florida, the notarization of documents, including enhanced life estate deeds, must adhere to certain standards to ensure their validity. A key element of notarization is the acknowledgment section, where the notary confirms the identity of the signer and that the signer understands and willingly... View More
Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More
answered on Apr 16, 2024
It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More
rent for april but landlord refused it. we can be out y end of month but need time to make arrangements. what are our options
answered on Apr 16, 2024
I'm sorry to hear about your difficult situation with your landlord. It sounds very stressful to be ordered to leave without proper notice. Here are a few options and considerations:
1. Review your lease agreement carefully. Most leases require the landlord to provide proper written... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.