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Questions Answered by Matthew J Ausley
1 Answer | Asked in Family Law for Florida on
Q: If a person has an active indigent status and is fighting for paternity, can they receive free attorney representation?

They were also a victim of a crime and have an active case.

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

Legal aid services for family law cases are almost nonexistent. So, the chances of getting the help of an attorney for free are basically nonexistent. There are reasons that attorneys are expensive. If people could get services for free, lawyers wouldn't stay in business. These are cold hard... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My child’s father has not filed taxes since 2017. It is technically his year to file. Can I claim our child?

We have a court order every other year we switch for claiming our child. I have always followed this. I get even years he gets odd years. But since he has not filed since 2017 I want to claim our child

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

Generally, violating a court order is a bad idea. So, I wouldn't suggest you do that.

The wording of your judgment or agreement will be critical. Consider having an attorney look at it to see if there is a solution to the problem already in there somewhere. Sometimes, settlement...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I sue Department of Children and Families for lying about me on an investigation report?

Not only that but also closing my case without notifying me that it had been closed? How do I go about in even starting to get my kids back?

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

Anybody can sue anybody at any time. Whether that would result in anything positive for you is a very different question. From the information you have shared, it doesn't sound like you will get what you want by trying to sue DCF. But set a consultation with an attorney if you are committed to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: it's my turn to claim my daughter, but father won't give me 1095A to file. He has insurance for her. what do i do?

We rotate years. He has her on his insurance. IRS keep rejecting because i don't have information to fill that part out on taxes. I don't know how to get around it. He just got insurance some time last year.

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

You are asking a little bit of a tax question and a little bit of a Family Law question. The place to start is to look at the language of the court order that directs the actions of the parties. What the order specifically says will be very important. You can file a motion for enforcement if he is... Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... Read more »

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

Just because you don't have money for an attorney doesn't mean you can't get some money for one. The court can make him contribute to your attorney's fees. Some Family Law attorneys will sometimes take cases with little or no up-front payment if they believe that an award of... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: when we got divorced we were ordered to sell the house. he house was a marital residence. Deed was in both of our names,

The agreement was to stay there for 3 years and then sell. After three years, she told me that she would love to keep the house, and told me she was going to pay monthly for my half. I agreed and changed the deed to her name. The only condition I put was for her to pass the mortgage under her name.... Read more »

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

In addition to enforcement, a partition action may be an option. It is impossible to know based on what is written here, but this is going to require an attorney anyway. Get a consultation with an attorney, and they should be able to tell you fairly quickly whether a partition is an option.... Read more »

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1 Answer | Asked in Consumer Law for Florida on
Q: What are your tips for buying a used car in Florida?
Matthew J Ausley
Matthew J Ausley answered on Jan 22, 2018

When buying a used car, one of the best things you can do is take the car to an independent mechanic and have them conduct a thorough inspection of the vehicle, BEFORE YOU PURCHASE. Used cars are almost always sold in an “as is” condition. That means you get the car in whatever condition it is... Read more »

3 Answers | Asked in Small Claims, Contracts and Collections for Florida on
Q: We loaned $5500 to a bus assoc on 10/20/14 w/principal to be paid in full 4/20/15. They defaulted, what is our recourse

Our LLC loaned the money to their LLC. They signed a Promissory Note. They agreed to $5,500 with interest from 4/20/15 on the unpaid principal at the rate of 12% per annum. They are a construction contractor so In lui of interest on the first six months they agreed to provide labor to complete... Read more »

Matthew J Ausley
Matthew J Ausley answered on Oct 27, 2017

The first part is relatively straight forward and simple. You need to hire an attorney to file suit for breach of contract and obtain a money judgment against the company and the individuals if you had personal guarantees. Hopefully, your Note contained an attorney’s fee provision, so you can get... Read more »

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1 Answer | Asked in Products Liability and Lemon Law for Florida on
Q: I purchased a used car a month and a half ago. The check engine lite is on and it leaks oil. Can I return it?

It is the same problem since I first got it home. I have returned to the dealer 9time as of yesterday. I have asked him to change the car or return my money,but he refuses. How should I deal with him , and how do I deal with the lender. I contacted them about the problem but they have no interest... Read more »

Matthew J Ausley
Matthew J Ausley answered on Oct 19, 2017

The state of Florida has a “Lemon Law” which may apply in your situation. Essentially, you will deal directly with the car’s manufacture to have your car fixed or get your money back. You can find out more information on the process by going to the website of the Florida Office of the... Read more »

3 Answers | Asked in Consumer Law and Collections for Florida on
Q: What is the proper way to attempt to settle a judgement with a debt collector?
Matthew J Ausley
Matthew J Ausley answered on Oct 18, 2017

There is no one right way to settle a debt. Each situation is going to be unique based on the facts and circumstances. However, there are some general guidelines that may be helpful. Because you used the word “debt” I am going to assume we are in a pre-judgment situation. This means that the... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: How can I divorce someone who blocked me on everything, lives out of state, and refuses to sign anything
Matthew J Ausley
Matthew J Ausley answered on Oct 3, 2017

If you file for divorce, and you have your spouse properly served, you will get divorced if your spouse does not respond. Your spouse will have 20 days after service to respond to the Petition for Dissolution of Marriage. If the spouse fails to respond, and you ask the clerk to default him/her, you... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: How do I qualify for a pro bono divorce (very simple, no kids, property, no assets. .... nothing.....) I am on ssd. Ty
Matthew J Ausley
Matthew J Ausley answered on Sep 25, 2017

The Latin phrase “pro bono publico” means “for the public good.” In common usage, it describes a situation wherein an attorney takes a case, free of charge, because they believe doing so would benefit the public in some way. Many attorneys take pro bono cases because they have a special... Read more »

1 Answer | Asked in Divorce for Florida on
Q: How can i divorce my husband who is homeless
Matthew J Ausley
Matthew J Ausley answered on Sep 22, 2017

In order to sue someone, including for divorce, the person bringing the lawsuit has to notify the person being sued. This notification is called “service of process.” There is more than one way to accomplish it. However, when you suspect that the other party is homeless, and there is no way to... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: If divorce is necessary, which spouse will be paying for filing fee. Is the one that file first or both

We got married in Dec 2015 and got a 16 month old together. We've been in a really bad place lately and I'm really tired of the verbal abuse and want out. He's been threatening divorce for almost a year but never file. I'm wondering if he's doing everything because he... Read more »

Matthew J Ausley
Matthew J Ausley answered on Sep 19, 2017

To answer your question: the person who files a Petition pays the filing fee. Attorneys usually recommend that the person who didn’t initially file the Petition (called the Respondent) file a Counter-Petition, which also requires a filing fee.

That being said, if you are going to get...
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