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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Employment Law for Florida on
Q: Im a salary paid director of a child care in clearwater, FL The business temporarily closed Coronavirus do they pay me?

I have been paid on a salary basis for at least ten years now they do not want to pay me due to covid19 closure

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

it depends on the terms of your contract.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What can I do about this?

My ex moved out of state to NJ during this outbreak of covid-19. We have two children together and I have primary residency here in the state of Florida. He has not notified the courts in anyway about his moving out of state. After a week of being moved he tells me over the phone that he was faxing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

It appears that he has technically violated the visitation plan. If necessary, you can file a motion with the court which approved it (in your dissolution, I assume). If you seek to have him punished it will probably be a matter of proving how much of a health risk you have been during this... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Is this legal? What can be done?

Hello I recently placed a deposit and 4 months for a place and was to receive the keys but says they couldn't get in contact with me and headed back to the owner because she fell ill.(Did not receive phone call, text, nor email.) Then the owner dies the next morning. (Dealing with the nephew this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

If a lease was signed, you need to contact an attorney and file suit to enforce the lease.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I change jurisdiction of custody and child support from WV to FL. This is a dom violence situation, we have 2 kids,

Out of my and my families fears, and being turned down 2 times for restraining order. I was granted the motion to move to FL to be close to my mom. However, my eldest (who has special needs) wanted to stay with his grandparents (ex’s parents). Although it was hard, with his history (my son) of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

No, you can't "change jurisdiction". The Uniform Child Jurisdiction and Enforcement Act, which has been adopted by both states, would require that jurisdiction remain with the West Virginia court.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Whose name should the lease go in ?

A mother of a grown middle aged son with a wife and three children called on a rental of mine in WA state. She explained that he just lost his home to foreclosure and thinking nobody would rent to him she wanted to cosign and said that also the wifes parents would co-sign (they all are retired and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

You should probably ask this question in > Justia > Ask a Lawyer > Washington. This is because, while many Florida lawyers, myself included, are familiar with bankruptcy law, the question also involves a question of state eviction law: I expect that in Washington you would have to sue the occupant... Read more »

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2 Answers | Asked in Animal / Dog Law for Florida on
Q: So I have a Bullmastiff. We had friends over and a 7 year old fed my dog a sponge. We can only prove it cuz

The vet did a $5k surgery to remove it. Can I sue the parents.? They both think my dog was stupid cuz he ate it. But the child put it in my dogs reach.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

Dogs are allowed to be stupid. The question, nevertheless, would be whether the parents were negligent by allowing their child to eat the sponge. For the purpose of this question, I shall assume the surgery was necessary.

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3 Answers | Asked in Family Law for Florida on
Q: I'm trying to serve my soon to be ex who is on base. He refuses to help and his command wont answer any calls or emails

We cant serve his family like the sheriffs office told us to because his father rejected the serve. I filed an alias summons but now don't know how to serve him because he is on base in NC. He demanded the divorce and is now wont help because he does not want to lose any of the martial money.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

When the alias summons is issued, get it to a process server or law enforcement agency in North Carolina near to where the base is located. Have them figure out how to get him served.

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1 Answer | Asked in Gov & Administrative Law, Health Care Law and Libel & Slander for Florida on
Q: How long are voicemails retained? How much time passes before they can no longer be subpoenaed?

One is Assurance Wireless under Virgin Mobile under Sprint

The other is Bay Pines VA Center Carrier unknown.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 30, 2020

Why not ask them?

1 Answer | Asked in Real Estate Law for Florida on
Q: With a joint owning of a FL house, how can one sell and not the other?

This property came into my brothers' and my possesion via a will. One of us wants to sell the other doesn't. Is there a way the seller brother can get out of the ownership and not loose his equity?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 29, 2020

The terms "ownership" and "equity" are related if not the same. So probably not.

If one of you wants to sell it and the other doesn't, that would be a typical reason for one of you filing a suit to "partition" the property.

1 Answer | Asked in Child Support for Florida on
Q: If you're order is from Puerto Rico is the same in usa
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 29, 2020

You appear to be asking whether a child support order from a court in Puerto Rico "is the same" as child support orders from other states and territories of the United States. It would depend on what you mean by "the same".

1 Answer | Asked in Real Estate Law for Florida on
Q: How do I make a neighbor remove their water pump from my pond in Florida?

Pump was installed without our knowledge and they are irrigating their land with our pond water. The pond is not shared or adjoining our lots. We contracted and pulled permits in 1970 to build the pond and it is a solid 100' from their property line with us.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 27, 2020

Does the pond also adjoin their land? If so, it's not your water; you and your neighbor share it.

1 Answer | Asked in Social Security for Florida on
Q: I was denied SSDI by the Appeals Council & filed a complaint with Fed. court. Do I say "is" or "is not" on this form?

Have no attorney. Deadline tomorrow, unless extended due to COVID-19. Don't know who to send this form to. Courthouse is open, but I have been sheltering in place.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

You probably file on PACER, giving notice to the other parties or their attorneys. Why not call the clerk of court?

1 Answer | Asked in Civil Rights for Florida on
Q: I am filling out the Notice of Pendency of Other Actions. Do I put "is" or "is not" on this form?

I filed with US District Court, Middle District of FL, after an SSDI denial by the Appeals Council.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

it depends on whether there are cases other than yours pending.

1 Answer | Asked in Copyright for Florida on
Q: Copyright re: teachers reading a book online but posted in a closed platform where students log in?

Violation or no?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

You are asking if this could be a copyright violation? Whether or not the students have to log in probably has little to no significance. The school board should run this by an attorney who specializes in intellectual property.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a hospital ?

I had my son May 28,2019 and it was hell of a day. I was schedule for my c-section at 7:30 am and when I went in I did everything they asked me to get ready for surgery. They lost my drug test they didn't have records on me ( But they called me the day before to confirm) So I could not have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

Next time, find a different hospital.

It doesn't appear that you have been damaged monetarily by the hospital's mistakes.

1 Answer | Asked in Employment Law and Public Benefits for Florida on
Q: I was denied for unemployment because I quit my last job......but....

The end of Oct 2019 I was forced to quit my job at Pollo Tropical in Sunny Isles due to being evicted, my car being totaled, and having to move to my mom’s in Hollywood. I had spoken with my employer regarding the strong possibility I would need to transfer because I was on the verge of losing my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 25, 2020

If you make your unemployment insurance claim, chances are that you will be deemed to qualify.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Landlord wont honor Repair and Deduct because they have warranty with a company that isnt operating due to covid19

The AC where I live gives constant problems, I told the realtor who is the middle man between me and my landlord told me that I could get it repaired but the cost would be on me so I mentioned the contract states that any repair over 100$ is to be paid by the landlord and that i had no problem on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 25, 2020

And your question would be whether the landlord has to honor the "repair and deduct" contract clause? The landlord's warranty work is the landlord's problem. I believe the landlord will have to honor the clause. But you should have an attorney review the contract to be sure.

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3 Answers | Asked in Estate Planning for Florida on
Q: In Wisconsin I had a lawyer draw up my will. Now I’m a Florida resident. Do I need a new will?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 25, 2020

Probably not, but you should have a Florida attorney review it to be sure.

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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Can my apartment complex refuse to accept payment by checks "due to Coronavirus"?

The lease states that payment by check is one of the accepted payments methods. The office states they are no longer accepting payment by check, citing concerns over Coronavirus. However, they are open by appointment to show you "in person" how to work the online payment system (where you must... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 23, 2020

If and when they seek to evict you for non-payment, you simply inform the court that you attempted to pay by check and the check was refused.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: I pay child support but I do not have a way to contact ex-wife anymore.

we use to talk but I guess numbers have changed again. Before when numbers changed I knew where she lived but now I have no way to get ahold of her and it has been 6 months

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

And what do you want to know? Do you have to continue paying child support? Yes.

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