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Questions Answered by B. Elaine Jones
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... View 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... View 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... View 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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1 Answer | Asked in Child Support for Florida on
Q: I recieve social security. Can i get child support for my 2 children 17 and 11? My ex makes 62,000$yearly.
B. Elaine Jones
B. Elaine Jones
answered on Jun 12, 2019

You should be able to if you have majority timesharing. You should consult with a family law attorney. Most Justia lawyers offer a free initial consultation. Call one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esquire

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My husband walked out of a 17 yrs marriage sole supporter 100% refuses to help in anyway looking to get support from him

looking for information on how I can get him to pay support or if there is anything That I can do to request temporary support alimony until I divorce can be decided or filed. Let me add that My husband filed today and requested to pay part of my bills along with $100 a week.. that doesn’t even... View More

B. Elaine Jones
B. Elaine Jones
answered on Apr 30, 2019

You should go ahead and file for the divorce and a motion for temporary relief. You should consider consulting and retaining a family law attorney. Most Justia attorneys offer a free initial consultation. Call one today. Good luck.

Sincerely,

B. Elaine Jones, Esquire

1 Answer | Asked in Child Support for Florida on
Q: Can I claim my personal medical insurance expenses in the child support calculation. They are only for myself,my kids

Are under Medicaid program.

B. Elaine Jones
B. Elaine Jones
answered on Apr 30, 2019

Yes you can claim your personal medical insurance as an allowable deduction. There is a spot in the very beginning of the Financial Affidavit for your medical insurance not the children. Look at the Financial Affidavit and read it carefully. Hope this helped. Good luck.

Sincerely,...
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2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: Separated, wife moved to CO leaving our son with me. Has nothing to do with him.

She moved 3 years ago and I had to track her down via social media. I have no idea what her address or situation of living is at all. I want to divorce her but I cannot contact her anymore. She violated out 50/50 custody plan as well with her move. Can I divorce her without her appearing. She... View More

B. Elaine Jones
B. Elaine Jones
answered on Apr 28, 2019

You can still get divorced and likely will get sole parental responsibility. You should consult with a family law attorney. Most JUSTIA attorneys who answer these questions offer a free initial consultation. Call one today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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2 Answers | Asked in Child Custody for Florida on
Q: My ex owns over $3000 in child support arrears. He is offering to pay $50 monthly. Is that reasonable or I can ask the

Judge to increased the monthly amount since it would take over 5 years to get it back and he was getting money but decided not to pay the full monthly child support?

B. Elaine Jones
B. Elaine Jones
answered on Apr 28, 2019

The Judge can order up to 20% of the monthly child support as arrears payments. So for example, if he pays $300 a month, the Judge could order up to $60 extra a month. Most Judges order around 10% of the monthly child support for arrears. Hope this help you.

Sincerely,

B. Elaine Jones, Esq.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How can I demand my 13yr yr old son be given back to me after my wife, not biological to him at all, took him to AR

They were taken without my permission to Arkansas

I filed an emergency pick up order in Bay county FL and it was denied. What do I do?

B. Elaine Jones
B. Elaine Jones
answered on Apr 24, 2019

If you know where the child is, and you can prove that he is your child and not the biological child of your Wife, you can get law enforcement to assist you to retrieve your son. You can also apply to the local court for an emergency pick up order. You should consult with a family law attorney to... View More

1 Answer | Asked in Adoption and Domestic Violence for Florida on
Q: My husband and I were in a domestic violence relationship do I need his consent to put a baby up for adoption
B. Elaine Jones
B. Elaine Jones
answered on Mar 29, 2019

Yes if the baby was his child also. You will have to get his consent or he can stop the adoption. Without consent or court approval you cannot adopt out a child that belongs to both you and your husband.

Sincerely,

B. Elaine Jones, Esquire

1 Answer | Asked in Family Law for Florida on
Q: I have shared custody my baby mom is in an abusive relationship police report/arrest is it possible i be named custodial

Florida case

B. Elaine Jones
B. Elaine Jones
answered on Mar 25, 2019

It could very well be a reason to change the custodial arrangement. You should consult with a family law attorney ASAP. Most Justia attorneys offer a free initial consultation. Call one of us today.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Family Law for Florida on
Q: Father often threatens to take son. Should I go to court first or let him take it first? I don't know what looks better.

I would like to have 50/50 timesharing. I tried to work out a timesharing schedule and every schedule I make isn't good enough. Father is planning on moving to Ocala in 2 months. Im worried he will take our son with him and never let me see our son. I recently moved out of the house I shared... View More

B. Elaine Jones
B. Elaine Jones
answered on Feb 20, 2019

The fact that he has a picture of himself with a black eye is not going to be positive proof that you did it to him. You really should consider consulting with and retaining a family law attorney. A lot of family law attorneys offer a free initial consultation. Call one near you today. Good... View More

1 Answer | Asked in Child Custody for Florida on
Q: How much does visitation change in the state of fla, before the other parents support drops? Other parent gets 50 night

Paying parents only gets 50 overnights a year currently

B. Elaine Jones
B. Elaine Jones
answered on May 17, 2017

In Florida when you have 33% or more overnights, it is a reason for the child support to be reduced. There is a child support formula that is applied and the number of overnights are plugged into the calculation. Good luck.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Child Custody for Florida on
Q: If a couple is not married does the mother have sole custody of the child until legal paperwork is signed by a judge
B. Elaine Jones
B. Elaine Jones
answered on May 13, 2017

Under Florida law a child born to an unwed mother, the mother is considered the n

atural parent of the child and has all rights to the child until the father is declared the father by a family law court. You should consult with a family law attorney near you.

Sincerely,

B. Elaine Jones, Esq.

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