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Questions Answered by RoseMarie Feller
2 Answers | Asked in Family Law for Florida on
Q: Can my ex deny my visit because covid19? I work in medical field. There are no cases in marion county. What do I do?

It's a court order visit. He said I can make it up later but he lies and I have no documented proof

RoseMarie Feller
RoseMarie Feller answered on Mar 24, 2020

Unless the other parent is actively putting the child in danger or the State of Florida has issues an order that states that children should NOT be exchanged, then you should follow the court order. One option can be though is to have the parents agree that the parent with the child keep the child... Read more »

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4 Answers | Asked in Family Law for Florida on
Q: FL Family Law Case. Im the Respondent. My ex re-opened our case requesting to hold me in contempt

He says I speak "bad" about him to our 10yo son. We were referred to mediation which we can decline to attend. I prefer to proceed in front of the judge with our son as my witness. How may I respond to the Order Referring to Mediation and what's the proper way to present my case and witness?

RoseMarie Feller
RoseMarie Feller answered on Mar 24, 2020

Typically, the judges require mediation before you can go in front of the judge. You will likely not be allowed to bypass mediation. For more information, call us for a free consultation at 407-878-5942

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: I share custody of my child. Thier mother and I were never married. Since they were born I have claimed my child on

My taxes. After I recieve the return I split the money with thier mother. I've been told that since I pay child support the money from the return should stay with me. My child lives mostly with their mom and her husband. I only get my child on every weekend and some holidays. I would like to... Read more »

RoseMarie Feller
RoseMarie Feller answered on Mar 24, 2020

The first thing we would need to review is any agreement that you have and what the agreement says. If there is no agreement or order, then you are free to keep the money. If you are paying child support, then she should be filling out the necessary tax documents that allow you to claim the child.... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: My exeife was awarded alimony I paid it until my 401k dividends ran out then I didn’t she took me to court now they

Deduct $605 monthly until it was paid off well it has how do I stop payments and also she remarried we have no kids together we were married 15 years I have all court papers I live now in Illinois I am a Vietnam bet 76 yo

RoseMarie Feller
RoseMarie Feller answered on Mar 24, 2020

Depending on the Order and Settlement Agreement, you will likely need to file a motion to terminate or abate alimony. Please call us for a free consultation 407-878-5942.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How much does it cost to file an emergency child custodian form, and do I need to know my estranged spouse's address?

My wife & I have recently separated, and are trying to handle things amicably. She has left Hillsborough County FL to live with her boyfriend in Alabama. We've agreed to having my son spend spring break up there with her. However, she won't tell me her address because she's... Read more »

RoseMarie Feller
RoseMarie Feller answered on Feb 20, 2020

First and foremost, you DO NOT want to send your son to Alabama before you have formally filed and had her served with dissolution of marriage documents. Otherwise, she will be able to keep your son over there and refuse to return him. You are entitled to her address and other information just as... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Can Florida DCF make me take a 2nd drug test once I've already passed the first one? I complied with everything they ask

The DCF social worker did a well child check up on my son. I let her in my home, I let her drug test me (I passed), I let her talk to my son. I live with my mother and stepfather right now. The social worker drug tested my mother who tested positive for her PRESCRIBED medication. My mother showed... Read more »

RoseMarie Feller
RoseMarie Feller answered on Jan 15, 2020

You will want to document how many pills your mother has today. This will help to show that the count is proper had the case manager counted. The way you will move forward will depend on whether you are given a safety plan or whether they try to shelter your son (remove him from your home). At this... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: My son was arrested and his cell phone was taken as evidence. The phone is in my name how do I get it back

I’m still paying monthly installments on the phone and want it back... also they said in the arrest report that they took it because they could read the messages popping up on the screen but that’s not true. His notifications don’t preview the messages

RoseMarie Feller
RoseMarie Feller answered on Jan 15, 2020

Whether or not you can get the phone back depends on the charges and the evidentiary value of the phone. Please contact us for a free consultation st that we can help both you and your son during this time. Call us at 407-878-5942.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: Ask judge to cancel interest.

child support paid off, court told us the interest would not be charged, no proof, but now they are charging us interest. the eservices shows a zero balance and they are still taking money but we cant see where it is going and no payment history. Help to take it to the courts to cancel the... Read more »

RoseMarie Feller
RoseMarie Feller answered on Jan 9, 2020

We can certainly file a motion with the court to clarify the issue of interest and terminate what they are taking. We can also ask the judge to consider having them reimburse you for funds that were taken against the court order. Please schedule a free consultation at 407-878-5942.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: how to request to have case hear to remove interest. Child support paid in full
RoseMarie Feller
RoseMarie Feller answered on Jan 9, 2020

If the child has reached the age of 18 (or if the judgement requires you to pay till high school graduation and the child has graduated) and there are no arrears outstanding, you should be able to terminate automatically. If there is an Income withholding Order that you are still under or if the... Read more »

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