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My soon to be ex husband begged to file tax return jointly in January as soon as he got his tax documents. I expressed I didnt trust him, and that he would steal money from me. He told me I was crazy psycho for thinking that. He sent a written email stating he would write a check for 50% of our tax... View More 
answered on Feb 18, 2020
No, it doesn't sound right. You filed a joint return, you are entitled to a portion of the refund. The joint return is marital property. You should consult with an attorney since he has one. Your attorney can see to it that you are treated fairly and equitably. Good luck!
My son has a misdemeanor DV battery conviction (10/2018), and a violation of DV injunction conviction (6/2019) both against the mother of his 4 yr old son. He has not had any contact with his son in about 19 months due to this. I was doing some research & I see Florida has a “rebuttable... View More
answered on Feb 18, 2020
If your son was ever on probation for any of the charges, he should have been ordered to complete a batterer's intervention class and anger management. If he has not completed any of those, he probably should. Also, he may want to consider completing a parenting class. Best of luck!
I went to court the judge gave me a certain amount of days to get my license they said when I reappear back in court and I have my license they are going to dismiss the ticket what if I didn’t pass the driving test or exam and didn’t get my license What will happen when I go back to court will... View More
answered on Feb 17, 2020
If the officer was extremely nice and chose to charge you with a failure to display, then it is a civil infraction. Therefore, no jail involved. It sounds like you were charged with a second degree misdemeanor driving without a valid DL. If that is the case, you face up to maximum 60 days in jail.... View More
answered on Feb 17, 2020
It depends. Do you have kid(s)? Even though you don't want anything from each other, are there property to be divided? If there are no kids, no property, then it is a simple dissolution. Some attorneys have flat fee retainer and some will still charge an hourly rate. If it is a truly simple... View More
But for the past year I have been paying her directly. If she writes a letter to child support will that be enough for credit?
answered on Feb 17, 2020
Sure, a letter should be sufficient. However, I would recommend an affidavit that is signed and notarized. Good luck!
answered on Feb 14, 2020
Please be more specific. There is not enough information to formulate a proper answer to your question. Is this a relative (brother, sister, mother, spouse, etc.)? Is this an employee? Immigration law can be complicated and extensive.
answered on Feb 13, 2020
If the cmfinal order gave you the property right, she is in contempt for violating the order. You would have to file an appropriate motion to hold her in contempt of that final order.
Also, the CS Mod I’d like to attempt to make is this. I’m on disability, in turn my son gets his own stipend as I’m sure you’re aware. It was agreed on between she and I that I didn’t need to write her a check every month , as, not only would my son’s stipend from my SSDI cover my CS... View More
answered on Feb 13, 2020
Did your ex domesticate the GA order in SC? If yes, you must file in SC. I'm licensed in FL so, you should call an attorney in GA or SC for either state's substantive law dealing with child support. My experience in FL, even if she did not register the order in SC, if she's lived... View More
She has refused a paternity test while Pregnant. I attempted to talk to the probation officer. He didn't really tell me anything besides he can't confirm or deny what she is trying to do. She has blocked my number and blocked me on all social media outlets. I found this out through her... View More
answered on Feb 13, 2020
Your question leads to more questions. How far along is she? First, if she wants to move her probation to another state, the judge on her case must approve the move. If the judge is OK with it, there's nothing you can do to stop her from moving. 2nd, if she is still in the early terms of... View More
In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... View More
answered on Feb 13, 2020
Yes. Her behavior is certainly inappropriate and even criminal. Were there any bruises on your child's arm(s)?
I have had a permanent injunction against my ex boyfriend since July 2018. I did not ask for child support when I got that injunction. He has now filed to modify the injunction so he can see our son (our son is on the injunction), and I’m wondering if at this hearing I can ask for child support?... View More
answered on Feb 12, 2020
You have to file a petition for child support. There are guidelines the court must consider prior to awarding child support. I strongly doubt the judge will consider your request for child support at an injunction hearing.
My ex bf has filed to establish his paternity, and we have an upcoming hearing. I wanted to know if I can request temporary child support while this case is pending? He has not seen our daughter in over a year & nor has he sent any money to help support her and child support had been unable to... View More
answered on Feb 12, 2020
Yes, you can request temporary child support pending a final order in the case.
My ex husband (prior military) got out of the military during divorce to avoid pay being garnished. (He always said he Refuses to pay me to raise our kids). So his CS was based off min. Wage for 3 special needs children. He took everything we owned in the divorce (before finalized). I moved to Fl... View More
answered on Feb 12, 2020
Did you register the child support order in FL? If yes, the Department of Revenue should have garnished his wages if he has a job/income deduction order. The amount of child support is going to be based on his income. If he is only making minimum wage, you are not going to get much regardless the... View More
I broke up with my ex girlfriend July 2018 and in January 2019 I was sent to jail until July 2019. Back in January of this year I was served with an administrative order to establish child support. I completed the paper work & turned it back in in time. Yesterday I just received a proposed... View More
answered on Feb 12, 2020
The statute does not make an exception for incarceration. Typically, the state will ask that you pay retroactive child support for up to 24 months. The back child support can be paid via lump sum or payment plan. The fact that you were incarcerated is immaterial because you are paying now and going... View More
His daughter is now 10 yrs old. Paternity wasnt established until 2016 and he was then added to the birth certificate. The mother didnt show up to court so no child support payments were ordered. Now she is requesting a modification and wants retroactive child support from the date the child was... View More
answered on Feb 11, 2020
Retroactive child support only goes back 2 years from the date she filed the child support action in the state of Florida. Therefore, she will not succeed in asking for arrears from the child's DOB.
I have permanent custody now where does she file for her custody back
answered on Feb 11, 2020
She can file in either county. You mentioned the children were taken from her in Hillsborough county, this leads me to believe that there were court actions in Hillsborough for that to have happened. Venue would not be improper in Hillsborough if that is the case. If the children have been with you... View More
answered on Feb 8, 2020
Unfortunately, the government does not provide "free attorney" for immigration cases. If you cannot afford to hire a private attorney, you have to represent yourself in immigration court. You may be able to get legal aid to represent you if you qualify.
My husbands mom sent her snapshots of texts between myself and his mom when in a heated argument. Will his ex be able to use these in court if my mother in law is not there to testify? Or will it be considered hearsay? Can texts be used from anyone not there to testify even if there are snapshots?
answered on Feb 8, 2020
You're correct, the texts are hearsay. I'm assuming you're a party opponent. Under some circumstances, communications from a party opponent can be considered admissions. In this case, I don't see how that exception to hearsay applies.
Here is the scenario in question:
Person A rear ended Person B going maybe 15 mph, no damage to person b car (only person a car sustained damage), person b accused person a of being intoxicated, then another person (person c) who saw it said they would act as a witness for Person B. Person... View More
answered on Feb 8, 2020
For someone to be charged with a DUI, law enforcement has to be involved. Eye witnesses can always testify to their observations and whether they smell alcohol or not. LEO must conduct investigation. For instance the responding officer or DUI unit would request field sobriety exercises and breath... View More
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