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Questions Answered by Natalie F. Guerra-Valdes

1 Answer | Asked in Landlord - Tenant for Florida on

Q: I am renting a condo in a HOA. I am behind 2 months on rent. No 3 day notice from my landlord. Can the HOA lock me out?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

No, the HOA cannot exercise self help and lock you out.

2 Answers | Asked in Family Law for Florida on

Q: My 16 year old daughter would prefer to live with me not her mom, what can I do?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

If your current agreement or judgment provides that your daughter is to live with her mom, and her mom won't agree to have your daughter live with you, you will need to file a Petition for Modification and show a substantial change in circumstances.

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1 Answer | Asked in Real Estate Law for Florida on

Q: Who is responsible for the mortgage loan after HOA sells house?

I am in a situation where I did not pay my HOA dues. The HOA took ownership of my house and sold it for $8800. I am up to date on my mortgage payments, but still owe 100,000. I have read that the new buyer becomes responsible for the mortgage loan. Is this correct? Or am I still responsible for... Read more »

Natalie F. Guerra-Valdes answered on Jun 12, 2013

That is incorrect. You are still responsible for making your mortgage payments, even if the house was sold to another party. If you stop making your mortgage payments, the bank may file a foreclosure action and seek damages against you. You should consult with an attorney regarding your case.

3 Answers | Asked in Family Law for Florida on

Q: Does child support change if you get married and have more children?

I recently got married and now have a child with my wife. Does my child support change now that I have two kids to support and not just the one?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

If you want to change the amount of child support you pay, you will have to file a Petition for Modification of Child Support and show a substantial change in circumstances that warrants a downward modification of child support. Having another child may prove to be a substantial change in... Read more »

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2 Answers | Asked in Real Estate Law for Florida on

Q: I am a co-owner with my two siblings, one wants out, can we be forced to sell or or be forced to buy it from her?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

The owner who wants out can file a partition action and force the sale of the property. You and your other sibling may also try to buy out the one that wants out.

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2 Answers | Asked in Child Support for Florida on

Q: If im not able to work and trying to get on disability do i still have to pay child support?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

Yes, you still have to pay child support. If you cannot make the required payments, you should file a Supplemental Petition for Modification of Child Support ASAP. You will need to show a substantial change in circumstances warranting a downward modification of child support.

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2 Answers | Asked in Child Support for Florida on

Q: I have a court order that my sons dad is to pay 50% of expenses. He has failed to do that can I file child support papers?

Or do i have to file a motion through court?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

You will need to file a Motion for Contempt and set it for hearing.

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3 Answers | Asked in Family Law for Florida on

Q: My ex husband is behind in child support and is taking me to court for modification. Who pays for my lawyer?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

You will most likely have to pay for a lawyer, at least up front. If fees can be recovered from your ex, it's usually later on down the road.

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3 Answers | Asked in Family Law for Florida on

Q: My ex boyfriend got an attorney when I got a restraining order on him, we have a 5 yr old together. Should I get one too?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

I agree with my colleagues. If he has an attorney, you should retain one too.

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4 Answers | Asked in Family Law for Florida on

Q: If I pay child support can the mother leave the state with child?

Natalie F. Guerra-Valdes answered on Jun 12, 2013

More facts are needed to answer this question. Were you married to the mother of the child? Are there any court orders regarding custody and visitation? You should consult with an attorney regarding the particulars of your case. Many attorneys on here, including myself, offer free initial... Read more »

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3 Answers | Asked in Bankruptcy for Florida on

Q: When a home falls into default via judicial,and foreclosure proceedings have started,how long before its goes to auction?

Natalie F. Guerra-Valdes answered on May 3, 2013

I'm not sure if you are saying that a default was entered against you in the foreclosure action. If so, it could be a few months before the foreclosure sale is set. I strongly suggest that you retain an attorney to help you defend the foreclosure action and advise you on loss mitigation options.... Read more »

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2 Answers | Asked in Collections for Florida on

Q: A credit card company has garnished my wages without my approval. They are taking almost $400.a pay. Can they?

Natalie F. Guerra-Valdes answered on May 1, 2013

If the credit card company obtain a final judgment against you and obtain a writ of garnishment, then, yes, the company can garnish your wages. However, there are exceptions. If you are head of household, you are exempt from garnishment of wages. I recommend that you consult with an attorney... Read more »

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1 Answer | Asked in Business Law for Florida on

Q: What protection does a business have from an employee using their client list and web site info to start their own?

Natalie F. Guerra-Valdes answered on May 1, 2013

You need to make the employee sign non-compete and non-disclosure agreements. It's best to have an attorney draft these agreements for you to make sure that all bases are covered. Many attorneys. such as myself, offer free initial consultations.

Natalie...
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1 Answer | Asked in Banking for Florida on

Q: I got a check for 10,000.00 and it bounced. what can i do?

Natalie F. Guerra-Valdes answered on May 1, 2013

You should send a demand letter to the person who gave you that check.

2 Answers | Asked in Divorce for Florida on

Q: I moved to fl 10/6/12. Husband lives in Alabama. Separated 4 yrs and want to get divorce - sent him letter about desire for divorce...

...before I left. Never got a response. It was a bad marraige,we have no children or property involved. I am age 60 with no job when I first got here I lived in hotel. Now I have been living with daughter for about 4 months and not sure how to prove I have been here little over 6 months. How do I... Read more »

Natalie F. Guerra-Valdes answered on May 1, 2013

Do you have a Florida driver's license? If not, your daughter can testify to the fact that you have been a resident of Florida for over 6 months. As far as the divorce goes, you will need to serve him in Alabama. He cannot block you from getting a divorce. If he does not respond to the Petition for... Read more »

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2 Answers | Asked in Divorce for Florida on

Q: My ex-wife has been living with her boyfriend for 2 years. am I still responsible to pay her lifetime alimony ?

Natalie F. Guerra-Valdes answered on May 1, 2013

More facts are needed in order to properly advise you. Please note that the alimony laws will most likely be changing come July. I suggest that you consult with a family law attorney regarding the particulars of your case. Many attorneys on here, including myself, offer free initial consultations.... Read more »

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2 Answers | Asked in Divorce for Florida on

Q: If my spouse cheated, would that affect child support and/or alimony?

Natalie F. Guerra-Valdes answered on May 1, 2013

It will not affect child support. It may affect alimony if he was wasting marital assets. Florida is a no fault state, so whether a spouse cheated or not doesn't really matter. I suggest you contact a family law attorney regarding the particulars of your case. Many attorneys, including myself,... Read more »

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3 Answers | Asked in Real Estate Law for Florida on

Q: Can land be purchased without a title search

Natalie F. Guerra-Valdes answered on May 1, 2013

You can purchase land without performing a title search, but that is not recommended. If you don't do a title search, how will you know if there are any liens on the property that may affect your interest in the property?

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2 Answers | Asked in Foreclosure for Florida on

Q: What can I file to re-open a Foreclosure Action erroneously dismissed

Natalie F. Guerra-Valdes answered on May 1, 2013

More facts are needed to properly answer this question. What do you mean by the case was erroneously dismissed? If it was dismissed by the plaintiff or the court, that would be in your favor as the defendant. I'm not sure why you would want to re-open it.

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