I am assuming that you and your spouse live in Florida in order to answer this question. You can file for divorce. You can file for exclusive use of the home, meaning that he would have to leave the house. However, adultery is not an "automatic" reason for one spouse to be "kicked...Read more »
If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to...Read more »
If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it...Read more »
The judge was very clear that it needs to be paid on the 1st of the month and not any later. but it never comes on the first of the month. it comes randomly all different times of the month and I cannot budget because I don't know when it's coming and I want to have the judge enforce it... Read more »
Unless your ex is self employed, the best thing that you can do is to ask for an income deduction order, which is your right under the law. With that order the child support would be deducted directly from his pay check by the state and then forwarded to you. Speak with a local family lawyer for...Read more »
The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »
You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues...Read more »
If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.
In Florida disability income is still considered income. You will either be imputed minimum wage or you will have a specific amount of disability received. Speak with a local family lawyer for more specific advice.
You need to get a hearing before the court that issued the child support order to explain what happened. You should have returned to court when he gave you the children. Speak with a local family lawyer for more specific advice.
You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future...Read more »
If you have a legal child support obligation then you must return to court to modify that legal obligation. The custodial parent losing custody will not "automatically" change your obligation. Speak with a local family lawyer for more specific advice.
In Florida child support terminates at 18 or high school graduation if later. First you need to read your child support order and see what it says. Second, if you do owe child support and the child is working you can go to court for a reduction based on the child's earnings. Speak with a local...Read more »
This is in Florida. Both vehicles are solely in the other spouses name. I am trying to take the one in my name and give her the one in her name until we get divorced and can figure it out in court. She is objecting but the divorce has not been filed yet. Both vehicles are being financed
You do not mention if the other party is objecting. Generally when a divorce is file the expectation is that both parties will maintain the status quo, financial and otherwise. You should continue to use the vehicle that you have traditionally used. If that requires a change then you must either...Read more »
If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a...Read more »
I lived in New Hampshire and he moved up there to be with me. Well we ended up having a baby and when the baby was 5 months old we moved to Florida, he is now 18 months. But I had no idea how controlling and abusive he was gonna be, and from his attitude and the stuff that he says he does not want... Read more »
You do not mention whether you have ever been to court for paternity. If there has never been a paternity order then in Florida the mother is in complete control. However, if you move the father can file a Petition for Paternity here (FL) and since you have lived here for the past six months it is...Read more »
I have a child with a woman who is not my wife. She is an alcoholic and abusive (not physically) to me and our son. Can I legally remove him from the home we cohabitate and move to another area. I am listed as his father on the birth certificate. Thank you
To protect yourself legally you would need to file a paternity action. You can certainly do what is necessary to keep the child safe but you should not simply leave without going to court as well. Speak with a local family lawyer for more specific advice.
My daughters father and I are not married and have never been married. I moved to Florida from Georgia and don’t have money to switch my car and everything over to Florida. So I have an out of state license. My child’s dad always wants me to drive and bring her to him and we have disagreements... Read more »
If yo have never been married then you as the mother have total control of the situation. If you have lived in Florida for more than six months then you can file for paternity here, with or without a drivers license. You just have to prove that you have lived here and plan to continue living here....Read more »
He had agreed for us to relocate back to FL by Oct of this yr but moved to SC & now he’s saying I can not relocate the kids even though he already has an out of state parenting plan which he didn’t even keep them during his summer visit causing me to lose a good travel assignment. His... Read more »
The law in Florida is that you can only address children's issues if one or both of the parents (or the children) live in Florida. It sounds like no one lives in Florida anymore so you would need to go to court where you or the other parent lives. Should you move back to Florida and live here...Read more »
We had a child support case in FL. It is completely paid off (she is 23 now and not in school). FL enforced it and we always paid through FL, now PR says that we owe child support through them. We were never contacted by PR and had no idea that there was a case. We found out because they just now... Read more »
You can start by providing PR with whatever FL documents that you have showing payments and satisfaction. Your ex can prepare an affidavit saying that the child support was paid in full in FL and that they are not requesting anything further. If that does not work then you may need to consult with...Read more »
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