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Questions Answered by Mr Eric Klein
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Divorced for 3 years. Wife moved back in with me. What are my rights if I want her to move out again.She is not on lease

Joint Custody. Can she take half of my stuff in the apartment? She pays halp the rent and utility bills.

Mr Eric Klein
Mr Eric Klein
answered on Aug 7, 2018

As she is not your wife, it's as if she is a roommate. She cannot take any of your things. However, if you want her to leave and she refuses, you will have to file a lawsuit to evict her using a process called Unlawful Detainer. Good luck.

2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: getting divorced wife is buying a property and wants me to sign some papers pertaining to her mortage what should i do
Mr Eric Klein
Mr Eric Klein
answered on Jul 27, 2018

You may not want to sign ANYTHING until after your divorce. I strongly suggest you contact a divorce lawyer ASAP. Good luck!

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1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: I’m I obligated to pay more in child support then that is originally ordered?

I’m ordered to pay $135 bi-weekly in child support, however I have giving my ex $295 because I felt $135 was too little. Now my ex thinks I am obligated to pay $295 and feels like she can threaten me and say she’ll have me arrested for backed owe child support.

Mr Eric Klein
Mr Eric Klein
answered on Jul 26, 2018

Based on your narrative, you are only legally responsible to pay $135 bi-weekly child support. It is extremely unlikely you will be arrested for failure to pay child support. It would take a court order, signed by a judge, to do that and a very long and drawn out contempt process to end up in jail.... View More

2 Answers | Asked in Divorce for Florida on
Q: I'm paying my NJ alimony through garnishments of my disability check.

The payments are based on my salary from 10 years ago. What can i do to lower my payments?

Mr Eric Klein
Mr Eric Klein
answered on Jul 26, 2018

You should go back into court in NJ and file a Motion to Modify Alimony Downward based on a substantial change in circumstance. This should have been done 10 years ago. Good luck.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What legal rights do I have if my soon to be ex-wife refuses to send back my son, We live in Florida she lives in Texas?

My wife and I are in the middle of divorce, my 16 year old son went to visit his mom for one month this summer. She is now refusing to send him back. He has lived with me for the past three years in Orlando, FL. There was never a formal custody arrangement, she just one day dropped of the kids.

Mr Eric Klein
Mr Eric Klein
answered on Jul 25, 2018

You should immediately file an Emergency Motion for a Pick-up Order in the divorce case. Good luck!

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3 Answers | Asked in Divorce for Florida on
Q: After living together for seven years or more in Florida are we consider marry.

Wife left seven years ago, at present time she is still !iving with her lover, are they consider marry in Florida.

Mr Eric Klein
Mr Eric Klein
answered on Jul 18, 2018

No, Florida does not recognize common law marriage. Good luck!

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: How do one go about getting their name removed from a shared mortgage? 5 years ago the judge awarded the marital home

To my wife and and ordered her to refinance within 60 days and try every 6 months and show proof and take my name off the note and mortgage. To date she still hasn't done it and it is seriously hurting my credit and my ability to purchase a home. What can I do to remove my name and get my... View More

Mr Eric Klein
Mr Eric Klein
answered on Jul 17, 2018

File a motion to enforce the court order. Good luck!

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1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My Family Attorney is MIA with $1500 deposit! My ex is paying my attorney fees. What options do I have?

My ex dropped the case to modify our child agreement the day before our court date and after 2 years of litigation.

Now my attorney was going to get me child support, return my deposit and close the case. BUT my attorney is now MIA for over a month an a half.

What options do I... View More

Mr Eric Klein
Mr Eric Klein
answered on Jul 13, 2018

The best thing to do is to call the Florida Bar and make an inquiry. Ask the Florida Bar representative you speak with to simply make a phone call on your behalf. That will usually get the attention of the attorney without getting him in trouble. If, as you state, he is ill, he should refund your... View More

1 Answer | Asked in Divorce for Florida on
Q: My brother rec’d divorce doc’s and needs to respond quickly. No job and no money for an attorney. Needs help
Mr Eric Klein
Mr Eric Klein
answered on Jul 11, 2018

He should contact legal aid in the county in which he lives. Good luck

1 Answer | Asked in Divorce for Florida on
Q: Even if I make less than my ex, can I still waive child support from them in FL?
Mr Eric Klein
Mr Eric Klein
answered on Jul 7, 2018

No, Child-support is not waivable. Remember, child-support is not for you nor is it for your spouse it is for the child. Both parents have a legal obligation to support their children and the judge will not allow it to be waivable. Good luck

2 Answers | Asked in Divorce for Florida on
Q: I have been married 15yrs . What is my chances of alimony?

My husband is the main provider and makes a appox. $70.000 Yearly

Mr Eric Klein
Mr Eric Klein
answered on Jun 29, 2018

It depends. Alimony is based on your need AND his ability to meet that need. Without knowing more (your income, his income, whether there are minor children, your ages, etc), it is hard to say. However, alimony is at issue which would probably last for about 7 to 8 years. Good luck.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I establish disestablish paternity in a divorce case?

My husband and I separated 3 years ago and did not file any legal paperwork. About 1.5 years ago, I gave birth to my son. Because we are in FL, my husband is the legal father. My husband, the biological father, and me all agree that the biological father should be the legal father. My husband... View More

Mr Eric Klein
Mr Eric Klein
answered on Jun 14, 2018

There is a way to handle your situation in the same case. You want to have your husband disestablish paternity in a legal document and have the biological father establish paternity in another legal document. All three of you should be prepared to be present at the final hearing in the event the... View More

1 Answer | Asked in Divorce for Florida on
Q: My wife purchase the house before we got married do I have to pay for it after the divorce?
Mr Eric Klein
Mr Eric Klein
answered on Jun 5, 2018

It depends. Generally, a premarital asset is not the property of not the responsibility of the other spouse so long as you did not sign any loan documents or change the deed. You should consult a skilled divorce lawyer to go over the issue in detail. Good luck!

1 Answer | Asked in Divorce for Florida on
Q: Wife had child with another man while separated. Can I still file a simple dissolution if a paternity test is present?
Mr Eric Klein
Mr Eric Klein
answered on Jun 4, 2018

I'm sorry, I do not believe that would be possible. In order for the court to even take a DNA test into account has to be approved by the judge. Further, you have to first disestablish paternity and then you should establish paternity by the biological father. This is nowhere near a simple... View More

1 Answer | Asked in Divorce for Florida on
Q: Wife and I are seperated. I left the home voluntarily. How do I stop her from selling our mutually owned belongings.

Have not filed for divorce yet.

Mr Eric Klein
Mr Eric Klein
answered on May 30, 2018

You must immediately file a divorce with a Motion to Prohibit her from Dissipating Marital Assets and set the motion for hearing ASAP. Good luck!

1 Answer | Asked in Divorce for Florida on
Q: Is it a bad idea to move out of my home with my child before filing for divorce?

Have not filed yet, but thinking of steps i need to take before doing so. We have many assests together including our home.

Mr Eric Klein
Mr Eric Klein
answered on May 24, 2018

It depends on many different things that are going on in your life; therefore, this is not the best forum for your question. Before you take such a drastic step, you should consult with a highly skilled family lawyer. You say you have many assets together, so the cost of an attorney should not be... View More

4 Answers | Asked in Divorce, Family Law and Immigration Law for Florida on
Q: My boyfriend is married in India but the relationship has been over for several years. Can we still marry here in US?

He is not legally divorce and a divorce would take about 2 years in India.

Mr Eric Klein
Mr Eric Klein
answered on May 1, 2018

You can marry in the US, but you first must obtain a divorce which you can obtain from a court in Florida. Seek a good matrimonial attorney to assist you. Good luck!

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: My wife ran off with my Son, and will not communicate with me, I found out where she is, should I come with the cops

My wife doesn't have any income, I want to make sure my son is getting proper care, I need to know his well being

Mr Eric Klein
Mr Eric Klein
answered on Apr 30, 2018

The police will not do anything for you. You will have to go into court and file an Emergency Motion for Pick-up Order. Good luck.

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1 Answer | Asked in Divorce for Florida on
Q: If I leave our home and buy another before divorce is my husband entitled to 1/2 of the new home?
Mr Eric Klein
Mr Eric Klein
answered on Apr 30, 2018

Yes, but he is also entitled to 1/2 the mortgage liability as well. You should wait until the divorce is complete prior to purchasing any real estate. Good luck.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Can I stop paying CS @ 18? Agreement says "until the youngest child turns 18". Do I pay for BOTH kids until youngest 18
Mr Eric Klein
Mr Eric Klein
answered on Apr 23, 2018

You would pay child support until your child turns 18 years old AND graduates high school or 19 years old with a reasonable expectation of graduating high school. This is known as emancipation. Once the oldest emancipates, you should pay less. As part of your divorce, there should have been a... View More

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