Questions Answered by Terrence H Thorgaard

Q: The father of my kids owes $15,000.00 in back child support. We got back together does he still have to pay me back?

1 Answer | Asked in Child Support for Florida on
Answered on Apr 19, 2018
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Q: Hi I just finds out my husban is been talking on Facebook with he’s ex, and sharing cell number. And I confronted

1 Answer | Asked in Divorce for Florida on
Answered on Apr 19, 2018
Terrence H Thorgaard's answer
Friending someone on Facebook is not adultery. Any, in any event, the legal consequences of adultery are minimal in the 21st Century.
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Q: Can a respondent file for motion to dismiss in a divorce case after a default was granted due to no response?

1 Answer | Asked in Divorce for Florida on
Answered on Apr 19, 2018
Terrence H Thorgaard's answer
It appears that the court is viewing the motion to dismiss as being also, in effect, a motion to set aside the default. Such a motion (to set aside a default) are liberally granted, although you could move to strike the motion. You should review the motion to dismiss and be prepared to discuss at the hearing whether it has any merit.
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Q: i have a quick claim deed on my house and i wanted to know a few things.

2 Answers | Asked in Real Estate Law for Florida on
Answered on Apr 19, 2018
Terrence H Thorgaard's answer
The term is "quitclaim deed". I assume that you mean to indicate that you conveyed the house to your son by a quitclaim deed, and that the deed was recorded. If so,

1. the mortgage company, if it checks the recorded instruments, will know about it; and

2. your son, as the record owner, can sign documents affecting his interest in the house.

But remember: you signed the mortgage note. This means that you are still liable on the mortgage.
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Q: Can I be charged with theft if someone gave me a dog and now someone else is claiming it’s theirs?

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
You could be charged with receiving stolen property only if there is evidence that when you were given the dog you knew it had been stolen.
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Q: Im work in collections in FL and my employer wants me to answer this letter from a CA. atty. im concerned if I should.

1 Answer | Asked in Business Law, Collections and Consumer Law for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
You didn't copy the entire letter. What specifically demand that your agency cease doing?

No, you aren't taking the fall; you are doing your job. Answer the letter.
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Q: We were leaving our house, notice to cars sitting on the road, at the end of our driveway talking. We got in the car my

1 Answer | Asked in Car Accidents for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
Maybe. Have you notified your insurance company?
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Q: Someone gave me a pair of nice work boots at least 2 months ago. Now he wants them back. Are they legally mine?

1 Answer | Asked in Small Claims for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
It appears to be a matter of your word against his. I doubt that the police will want to get involved.
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Q: Q: Can the state use video recording of a statement in trial, when the victim isn't compelling with them?

1 Answer | Asked in Criminal Law for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
Do you mean that the victim isn't COOPERATING? No, the state cannot introduce the video without the victim testifying in person; that would be a violation of the defendant's constitutional right to confront his or her accuser. But the victim could be subpoenaed and required to testify, in which case the video might be used for impeachment purposes.
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Q: Can a tenant who pays rent, but is not on a lease in FL, get evicted even if he doesn’t cause problems?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
He would have no tenant rights because he would not be a lessee; you would. Whether you would be in breach of the lease for having "guests" such as your boyfriend and his son would depend on the terms of the lease. Review the lease before you sign it for restrictions on guests, etc.
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Q: Married to a drug addict who is being pimped out. she has disappeared for months. The father lives in Jamaica.

1 Answer | Asked in Adoption, Family Law and Child Custody for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
So you want to adopt your step-daughter? What exactly is your question?
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Q: How can I legally keep this dog?

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
No, there is no "adverse possession" law for personal property. The dog belongs to your friend.
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Q: I've been divorced 10 years and receive permanent alimony based on adultery in the state of South Carolina. I want to

1 Answer | Asked in Family Law for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
Your ex husband can't take you back to court by filing in Florida to modify the South Carolina decree, if that's what you are suggesting. Until and unless it's modified by the South Carolina courts, it stands, and the Florida courts will honor it.
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Q: Which is filed first. 1. Change of venue or 2. Response or answers to your divorce papers that were served to you

2 Answers | Asked in Divorce for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
I'm assuming you are asking about a Tennessee lawsuit for divorce. If so, you should ask this question in Justia › Ask a Lawyer › Tennessee› Divorce ›.
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Q: as a homeowner what are my rights if i told a guest who is staying at my house NO Pets, and they later bring a pet ?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Apr 17, 2018
Terrence H Thorgaard's answer
He should give her written notice to leave and, if she doesn't, go to court to evict her.
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Q: custodial leaves the kids with the other parent and leaves the country without telling them what procedures can be taken

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Apr 17, 2018
Terrence H Thorgaard's answer
You would file to modify custody, giving primary physical custody to the other parent.
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Q: In Florida, can you ask a private room tenant to leave prior to lease expiration if landlord feels threatened? Process?

2 Answers | Asked in Real Estate Law for Florida on
Answered on Apr 17, 2018
Terrence H Thorgaard's answer
I seriously doubt that you could force the tenant to leave, unless of course you can get a restraining order to that effect from the court.
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Q: What happens to me if i dont appear in court as a witness

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Answered on Apr 16, 2018
Terrence H Thorgaard's answer
If you were served with a subpoena, you can be made to explain to the judge why you shouldn't be held in contempt of court.
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Q: Is a co-trustee on a family trust liable for personal debts incurred by other co-trustees if debt is paid from trust $?

1 Answer | Asked in Estate Planning and Family Law for Florida on
Answered on Apr 16, 2018
Terrence H Thorgaard's answer
Are you suggesting that your father, as a co-trustee, has made payments from the trust in violation of the trust? If so, it's possible.
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Q: Sheriffs came to my job I was not there. They said I had a warrant. I know nothing about. I'm go to turn myself in. ?

1 Answer | Asked in Criminal Law for Florida on
Answered on Apr 16, 2018
Terrence H Thorgaard's answer
This is definitely one of those situations in which you should "take the Fifth" (i.e.: refuse to answer any questions without first speaking to an attorney).
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