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Questions Answered by B. Elaine Jones
2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: What are some common things a judge will require a parent convicted of domestic violence to complete.

My son has a misdemeanor DV battery conviction (10/2018), and a violation of DV injunction conviction (6/2019) both against the mother of his 4 yr old son. He has not had any contact with his son in about 19 months due to this. I was doing some research & I see Florida has a “rebuttable... Read more »

B. Elaine Jones
B. Elaine Jones answered on Feb 18, 2020

I agree with Attorney Richardson. In addition to doing those things, he needs to file a Petition for Paternity to establish his legal right as the father. He should also go online to the Florida Putative Father Registry and register as the father. Finally, he should seek out the assistance of a... Read more »

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3 Answers | Asked in Child Support for Florida on
Q: Can I request temporary child support during a paternity proceeding?

My ex bf has filed to establish his paternity, and we have an upcoming hearing. I wanted to know if I can request temporary child support while this case is pending? He has not seen our daughter in over a year & nor has he sent any money to help support her and child support had been unable to find... Read more »

B. Elaine Jones
B. Elaine Jones answered on Feb 13, 2020

You should consult with and retain a family law attorney to assist you with this case. You can ask for child support but you will have to file the appropriate pleadings to do so. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and mention you found us on JUSTIA.... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Federal Crimes for Florida on
Q: My employer is committing fraud. I thought it was accidental and pointed it out, I was then bullied,

And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 23, 2020

I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... Read more »

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3 Answers | Asked in Landlord - Tenant and Probate for Florida on
Q: I own my parent's home in Florida along with my two siblings. How do we split the proceeds?

I have lived in the home since 2008, 7 years before my mother died. Since her death, I have continued to live here and covered all of the house expenses. Am I entitled to any reimbursement for those expenses (insurance, property taxes, repairs & payments on a HELOC my mother took out) when we split... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 16, 2020

If you have paid out money to maintain the home then you should be reimbursed by the estate. You should consult with a probate attorney. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Can I transfer property on quit claim deed to my mother to avoid splitting property value on divorce?

Or will my wife be able to still claim that property even though I transfer all authority to my mother.

Thank you!

B. Elaine Jones
B. Elaine Jones answered on Jan 16, 2020

No that will not work. The Judge will require you to transfer the property back to the way it was before the quit claim deed. Your wife is entitled to one half of everything accumulated during the marriage, assets and liabilities. You should consult with and retain a family law attorney. Most... Read more »

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: I divorced back in 2012 & the Dissolution of Marriage stated she kept the car and i kept the home. Now she wants money.

I am looking to sell the home and she has contacted my realtor stating she is entitled to 50% of any profits made. She has not lived in or put anything towards the house since her departure 8 years back. She refuses to sign off on a quick claim deed and is prolonging the sale process while the home... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 15, 2020

Your marital settlement agreement should state what happens to the house and what your individual rights are regarding the house. If you were represented by an attorney they should have made sure that these issues were addressed in your agreement. You should consult with a family law attorney and... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Need some clarification on procedures in Florida. Mother died 15 months ago. Older sibling was POA.

I was told by care facility Mother was declared incompetent and could not make decisions. I received a copy of her will January last year, but not copy of Trust instrument. Contents of Mother's house was disbursed, and to date, older sibling has not provided any accounting of bank statements,... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 2, 2020

If you have an attorney, you should be asking him/her this question. In general, however, if you are a beneficiary of the will you can force the case to be probated. If your attorney doesn't know how to do that, then you need to retain another attorney. Most JUSTIA attorneys offer a free initial... Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm not married and there is no custody order, can I take my child out of state without the father's permission?

I'd like to take my child out of state (FL) for a visit with friends and family, but my baby's father has threatened to call the police for kidnapping if I do so. I'm unsure if 1. That anything bad will happen for me custody wise if I do so and 2. If cops are legitimately called, if I can talk it... Read more »

B. Elaine Jones
B. Elaine Jones answered on Dec 16, 2019

You can take your child out of state for a visit but you cannot permanently remove the child from the state without expecting that the father will file something forcing you to return to Florida to deal with it. If you need to make a permanent move, the best thing to do is get a family law... Read more »

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4 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How can I get my child back from my child father?

I let my daughter go with her father for the weekend he was suppose to bring her back instead he decided to withdraw her from daycare, block my number and any attempt for me to contact my child. I filed for divorce soon after this happened but hes still not allowing me to see her its been 4 weeks... Read more »

B. Elaine Jones
B. Elaine Jones answered on Dec 11, 2019

You really should hire an attorney to assist you. It does not sound like you have one yet. Most Justia attorneys offer a free initial consultation. Contact one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can my ex request DOR to step in for no reason?

We have a court ordered child support. It comes directly out of my check. Until that was active I was writing her checks for the same amount. Not behind, and never missed. Now she requested DOR to step in and "enforce" it and Im hearing that since I am in arrears they will now intercept my tax... Read more »

B. Elaine Jones
B. Elaine Jones answered on Nov 7, 2019

Yes she can do that. The recipient of child support has the option of requesting a Income Withholding Order and the Department of Revenue Child Support Enforcement will enforce this order. You should consider consulting and retaining a family law attorney to look at your situation. Most JUSTIA... Read more »

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2 Answers | Asked in Child Custody and Child Support for Florida on
Q: I pay support on 5 kids. 1 child hasnt lived with my ex for 5 yrs and 1 now lives with me. What do I do please help
B. Elaine Jones
B. Elaine Jones answered on Oct 31, 2019

I agree with Attorney Lieber and suggest that you have a consultation and retain a family law attorney. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m seeking to modify suspension of timesharing

I’m a mother of 3. In 2013 I was legally divorced from my children’s father and I had majority custody while he had every other weekend timesharing. I fell upon hard financial times and moved into a 2 bedroom apartment at which time my ex husband took 2 of our three children to live with... Read more »

B. Elaine Jones
B. Elaine Jones answered on Oct 29, 2019

I agree with Attorney Lieber. Call one of the JUSTIA attorneys today. Most give a free initial consultation. Call one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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1 Answer | Asked in Child Support for Florida on
Q: Hi the non custodial parent has court for petition for order of contempt charge for non payment of child support.

I am the custodial parent. Do I have to attend

B. Elaine Jones
B. Elaine Jones answered on Oct 22, 2019

Yes of course you do. You should attend every hearing that involves your child's custody or support. It shows the court that you are really interested and care about your case. Even if the Department of Revenue is bringing the contempt motion, you should be there because it affects you and your... Read more »

2 Answers | Asked in Child Support for Florida on
Q: What will my child support be after my oldest child turns 18 and graduates high school?

I currently pay child support in the amount of $500 per month to my ex-wife for my two children (we have 50/50 custody but I have a higher income). The agreement says my obligation shall continue for each child until that child turns 18 (unless still in high school...then it lasts through school).... Read more »

B. Elaine Jones
B. Elaine Jones answered on Oct 21, 2019

Both parties will have to exchange financial affidavits and do the guideline calculation. It is based on net income. There are some free child support calculators online. If you have problems, consult with a family law attorney. Most Justia attorneys offer a free initial consultation. Good... Read more »

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3 Answers | Asked in Insurance Bad Faith, Estate Planning and Probate for Florida on
Q: My brother's life insurance company is asking for a Legal Representative form. Where can I find this document?

My brother passed away he did not leave a will, he has no assets. Unfortunately he died 4 days before the contestable period ended for his life insurance policy. I am his beneficiary. The insurance company is asking for a Legal Representative form from me. How do I obtain this form? The... Read more »

B. Elaine Jones
B. Elaine Jones answered on Oct 21, 2019

You should consult with and retain a probate attorney. Most Justia attorneys offer a free initial consultation. Call one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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2 Answers | Asked in Divorce for Florida on
Q: Married for ten yrs spouse wanting to separate or possibly divorce, living in condo where my name isn’t on the deed but

Have been paying mortgage for last ten yrs... wanting for me to move out so that spouse can rent out condo... what are my legal rights as far as my home?

B. Elaine Jones
B. Elaine Jones answered on Aug 9, 2019

I

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5 Answers | Asked in Criminal Law for Florida on
Q: I need a lawyer for a drug case
B. Elaine Jones
B. Elaine Jones answered on Jun 25, 2019

You should definitely consult with and retain a criminal attorney. Most Justia attorneys offer a free initial consultation. Call one of us today. My number is 813-681-8383 and email at belainejoneslaw.com. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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4 Answers | Asked in Criminal Law for Florida on
Q: I need a lawer for my case meth and drug paraphernalia and driving first
B. Elaine Jones
B. Elaine Jones answered on Jun 25, 2019

You should definitely consult with and retain a criminal attorney to assist you. Most Justia attorneys offer a free initial consultation. Call one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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3 Answers | Asked in Family Law and Child Custody for Florida on
Q: I wasn't married to my ex when she up an left one day when i was at work that wasin October 2018

She has not allowed me to see my daughter since October iv tried texting her fb messages she has blocked i haven't seen my daughter since then what do i have to do so i can see her she just turned 2 i just want to be able to see my daughter please could you help answer or guied me to what i haveto... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jun 18, 2019

You need to consult with and retain a family law attorney. In the state of Florida you have no rights to your child if you were not married to the mother. You will have to file a Petition for Paternity and get the family law court involved to assist you in establishing a time-sharing parenting... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: family law and custody issues and visitation issues. What happens when a court paperwork has been filed in courts?

we have agreed to every other weekend now the father is wanting more days thru the week with our son some new law he has heard or told by someone he wants 3/4 days out of the week and half summer time and he has not given me time to agree or accept anything he has filed court documents on me to... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jun 17, 2019

You need to consult with and retain a family law attorney. Most Justia attorneys offer a free initial consultation. Call one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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