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Questions Answered by A. James Mullaney III
1 Answer | Asked in Family Law for Florida on
Q: Hello, So here is my question. I am going on 15 months of a supplemental petition for modification.

I am trying to lower the amount of support I pay due to change of job and income level. I filed the modification and my ex had not met mandatory disclosure. I filed a motion to compel which was granted. I still did not receive anything so I filed a motion to issue sanctions to find her in contempt... Read more »

A. James Mullaney III
A. James Mullaney III answered on Sep 13, 2016

You should try to subpoena the records you are looking for from her bank or employer. Since she is still refusing to produce the mandatory documents, you should ask that she be incarcerated until she provides the documents (since she is in contempt for not producing the documents).

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: how much would it cost to get help with doing a minor child last name change?
A. James Mullaney III
A. James Mullaney III answered on Sep 13, 2016

The cost of the case would depend on whether both parents agree on the name change. If there is no agreement, there is no way to know the full cost of that litigation since there is no way to know how much time needs to be spent on the case.

1 Answer | Asked in Family Law for Florida on
Q: How do i go about finding out if someone is pregnant with my child?

Long story short...We met, has sex on and off. She developed feelings, and i told her i didn't feel the same way. after that she told me she was 3 months pregnant. I was happy to have a child, but told here this isn't going to lead to a relationship between us. After that, it was downhill. Anger,... Read more »

A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

That's a bad situation. The only thing I could think of is to start a paternity case anyway and request that she produce her medical records that proves she had a miscarriage. That seems a little extreme, but most mothers do not deny having a child. If she does have a child, you can ask the judge... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Child custody question regarding if both parents are required to live in the same school district.

My ex and I were never married but have a son. My son will be starting school soon. Are we required to live in the same school district or is just one parent required to live there?

A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

Residency rules are usually set by the district. But I have never heard that a school would require both parents to live in the same district. Generally, most parents do not live in the same district for elementary school.

1 Answer | Asked in Family Law for Florida on
Q: What to I do if I was awarded child support but feel that the amount wasn't correct
A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

You should have received a Child Support Guidelines Worksheet that describes how the calculation was done. The calculation is only wrong if the wrong numbers were used for income, deductions, child car, medical insurance and the number of nights spent with the child. If all the number are correct,... Read more »

1 Answer | Asked in Family Law for Florida on
Q: I've lived with my partner for 12 years - we are an opposite sex couple.

Will there be any issue if we try to adopt a child? Do we have to be married?

A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

You can't both adopt the child if you are not married. Either one of you can adopt, but not both.

1 Answer | Asked in Divorce for Florida on
Q: If I file for a divorce from my wife, will I have to leave my home. I'm disabled. 7 years left on our mortgage.
A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

There is no requirement that you live apart while getting a divorce.

1 Answer | Asked in Family Law for Florida on
Q: Forms needed to relocate WITHOUT children

I am relocating with my husband an my teens that I have with my ex husband would like to stay with their Dad instead of moving. I am ok with this and my ex is in agreement. what forms would we need to file?

A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

take a look at the relocation forms at flcourts.org . I will assume that you and your ex agree with the change. But you still need to get the judge to sign off on the agreement. The law requires you to submit a new Parenting Plan.

1 Answer | Asked in Family Law for Florida on
Q: If my wife is at someone else's house and no one will let her talk on the phone can I go to see her without any problems
A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

There is probably a lot more to this situation that what is in your question. That said, you have no right to enter someone's property to speak to your wife.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My daughter's father just filed something against me to set up visitation times to pick her up. She's 9 mths.

They have not bonded due to his inconsistency. I suggested that he visits with her in a comfortable environment then once I feel they are comfortable with each other, then I'll allow him to pick her up for a couple of hours or so. He doesn't want to do that. Will the judge or whom ever leads this... Read more »

A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

I don't think it's likely that a judge would let you control the situation. If you think they have not bonded, you should be prepared to have proof - like a doctor's opinion.

1 Answer | Asked in Family Law for Florida on
Q: Can I serve via certified mail in Florida for Family law?
A. James Mullaney III
A. James Mullaney III answered on Sep 12, 2016

No. An initial petition (for divorce or paternity) needs to be served by a process server.

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