Also what happens if the notary did not check either "personally know to me" or "produced identification" and neglected to mark the type of identification on the edited document?
answered on May 22, 2023
A marital settlement agreement is a contract between the parties. It cannot be changed unless both parties sign off on the change. Amendments to a marital settlement agreement are not directly related to whether there is a counter petition or not. The missing notary check mark is probably not... Read more »
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »
The court also ordered that the support be directly taken from his pay at least 8yrs ago but he still pay what he wants to pay. U really need help. With the price of living has a increasing raise.
answered on May 19, 2023
In Florida child support is calculated pursuant to a mathematical formula in the law. It is based on the net incomes of each parent and the number of overnights with each parent. Child support is always modifiable until the children turn eighteen. Perhaps you can return to court for a modification?... Read more »
I'm representing myself. He has a high priced lawyer. He is in contempt for violating a court order which says that he has to cooperate in exams etc., to get life insurance written on his life. He claims a medical reason for not cooperating. He hasn't seen a doctor since 2021 for this... Read more »
answered on May 17, 2023
This can be a complicated evidentiary issue. He can testify about anything that he has personal knowledge of. As far as the actual paper records go he would need a records custodian and he would need to establish that they are business records. Medical records frequently contain hearsay, another... Read more »
My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... Read more »
answered on May 15, 2023
If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... Read more »
Child support was establish while still working a traditional job. I’ve saved up over time to open my own business to be able to spend time with my family, rather than 12-13 hour workdays 6-7 days a week. I requested a modification but am worried how the DOR will look at going from a high income... Read more »
answered on May 14, 2023
When a payor's income fluctuates then the court will look at an average over time. You are allowed to change jobs/ start your own business, but you will be expected to continue to earn at the same level moving forward. There may be a temporary decrease in your income which the court will... Read more »
The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?
answered on May 13, 2023
If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... Read more »
I refused to pay the Nanny with my ex wife because she just home Monday to Friday while my daughter she's at day care 7 AM to 6Pm and she just want to work weekends , i find that's not faire , what does the law say about that ? Can I take her to court for this ?
answered on May 11, 2023
You need to review the parenting plan that was entered in your divorce. You do not mention how old the child is or what your timesharing arrangement is. For younger children daycare costs are normally a part of the child support calculation. If you do not currently have a daycare obligation then... Read more »
Both kids (twins) will be 18 on June 28, 2024. I (father) split time 50/50 with their mother. I currently pay $157 a month in support. The mother's financial status has improved over the past several years to the point she no longer needs child support and agreed to sign off on any... Read more »
answered on May 4, 2023
There is no form. Because child support is a right of the child it is not always simple to "terminate" the support. You could also try filing an agreed order signed by both parents regarding the current child support. You do not mention whether you pay by income withholding order. Your... Read more »
He is only seeking every other weekend. Which leaves me all the school days. I cannot call out every time out 4 and 6 year old are sick. Can an arrangement be put into our custody agreement to where we need to alternate sick days if the kids are sick? Even if it’s during the week?
answered on May 2, 2023
Unfortunately, the way it usually works is if it is your timesharing day then you are responsible for child care. If dad has a school day and they are sick then he is responsible, same for you. You can try to address this issue financially (through child support or otherwise) so that you can afford... Read more »
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... Read more »
answered on May 2, 2023
You need to be clear about the difference between sole parental responsibility (decision making) and 100% timesharing. It sounds like you want 100% timesharing which is difficult to get. The court is always going to try and encourage a relationship between the child and both parents. You have given... Read more »
Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his... Read more »
answered on May 1, 2023
You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree... Read more »
My ex-girlfriend sent a message to my baby mom while we were arguing. She unsent the message and apologized, and hasn’t contacted her since. Can my baby mom get a restraining order on her still? Will my ex have grounds to fight the order if she’s sought mental health help/ has not continued... Read more »
answered on Apr 24, 2023
Your question raises two separate issues. Regarding a restraining order (injunction), the person seeking the injunction would have to show fear of imminent danger or harm. If the matter were to go to hearing, the respondent (person who the injunction is against) would have the opportunity to... Read more »
The reason why I was placed on child support by the department of revenue is because my children’s father applied for food stamps. There was no custody agreement nor order. The children resided with me at my residence 365 days out of the year every year. To which he admitted to in court during a... Read more »
answered on Apr 21, 2023
Depending on the timing of the order it is possible that it can be appealed. You have asked a complex question with a lot of variables. You should definitely make sure that you are not paying child support now. If you can prove to the court that the children are with you full time then you should... Read more »
My wife has her own child custody case from a previous relationship. She is the primary parent to her child. This is in FL.
answered on Apr 19, 2023
The short answer is no. Child support is based on the incomes of the parents, not subsequent spouses. In fact, you can seek to prohibit or limit discovery of the new spouse's finances. On the other hand, if a parent stays at home, not working, and is fully supported financially by the new... Read more »
We have a LDPP in place filed at the court house. BioMom wants to change it forcing me to pick up my son from school on Fridays instead of our current agreement of meeting halfway. They live 89 miles away from me (they moved before we filed the LDPP). Will a judge favor her choice? And can she... Read more »
answered on Apr 19, 2023
You raise two separate issues. As far as the exchange goes, if you previously agreed to meet halfway and have been doing that then the court will probably follow that arrangement. Child support is the right of the child under the law and cannot be waived by the parents. The court will address child... Read more »
. Our verbal agreement was to pay half and half. Is it possible for me to force him to pay his half off during our divorce so I don't have to keep begging him to send me $125 every month as I have been? (and he has not paid in 4 months)
answered on Apr 17, 2023
Yes, as long as the tax liability was accrued during the marriage then you are each responsible for half. You can either agree to pay it off as part of the divorce or include it in a marital settlement agreement. If no agreement then the judge can order that you are both responsible. Speak with a... Read more »
I divorced my ex in 2016. He raped me and went to prison and when the divorce was finalized support wasn't ordered due to prison time he was facing. He did 5 years and was released then was picked up again on separate charges for 9 months and was released 2 days ago. If I modify the child... Read more »
answered on Apr 15, 2023
You need to read carefully the original court order. If the order "reserved" on child support then you can go back to the beginning. If it did not reserve then you may be limited to going back in time 24 months (two years). Speak with a local family lawyer who offers a free consultation... Read more »
She would like to come visit us out of state for a week can she take minor child without permission
answered on Apr 9, 2023
As long as she is not relocating permanently and notifies the other parent that she will return in a week there should be no problem. She needs to read carefully any court orders that are currently in place to make sure that she is not violating any provisions. She should speak with a local family... Read more »
How do I enforce child support? Previously, I tried to put him in child support at no avail. I have even provided his address and SS but still I am never entitled to anything including health insurance
answered on Apr 1, 2023
Have you ever been to court for paternity? You need a court order to pursue child support. The father can be served in PR and child support can be enforced in PR. See if your local jurisdiction (court) has a child support enforcement office. They normally help you for free. Otherwise speak with a... Read more »
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