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Do not know if he filed for divorce. Filed for child support when we separated as he moved out of state. They had my case for two years then said they couldn't find him. I had given them name, address and phone number at out of state residence. I have solely supported our son from age 12. No... View More
answered on Jul 28, 2016
Long separation in and of itself does not make you single; you should pursue an action for dissolution of marriage to be restored to the status of being single. If you are unable to locate your Husband you should consider divorce by publication.
Landlord has sent the same ac man to fix ac yet it never gets fix. Can I withhold rent for not fixing the ac as well as for the leaks that have ruined my clothes..high electric bill
answered on Jul 25, 2016
You may not withhold rent without proper notice to the Landlord, which usually takes the form of a seven-day notice to cure.
change that agreement to the traditional every other weekend with his father and possibly one day within the week, to give my son a more stable home. His father will fight this, are there laws where he can possibly gain more custody because of our original verbal agreement. no case nor agreement... View More
answered on Jul 23, 2016
Time-sharing is governed by the "best interests" of the child standard. The status quo also carries weight. You may want to review section 61.13(3) of the Florida Statutes as to the factors that the Court considers when establishing a parenting plan with time-sharing schedule.
We emailed them on day 15 and got no response.
We did not do any damage to the house, other than normal wear.
What can we do next?
answered on Jul 22, 2016
You may file a lawsuit against the landlord in court for the return of your security deposit. However, please be aware that if you did not provide the landlord with your new mailing address, the landlord may send all correspondence to the premises you just vacated.
A woman I was seeing about 7 to ten years ago , but she was seeing several guys at the time and she had the baby close to a year after I stopping seeing her, my question is can they make me pay retro to the birthdate if it is mine
answered on Jul 21, 2016
Pursuant to Section 61.30(17) of the Florida Statutes, "In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the... View More
We have a 3yr old He has constantly left nasty voicemails and also text messages non stop. We have been separated for 3 months and this has been going on for that long.
answered on Jul 21, 2016
A divorce proceeding is commenced when a petition for dissolution of marriage with other pertinent documents is filed. As part of your dissolution of marriage action, assets and debts will be divided, a parenting plan with time-sharing schedule will be established based on the best interests of the... View More
We have been renting for over 3 years and the last year is with no lease now landlord wants house back for daughter and wants to give us a 7 day notice. Is this legal? And i have a disabled child does this make a difference? Help
answered on Jul 21, 2016
Pursuant to Section 83.57 of the Florida Statutes: "A tenancy without a specific duration ... may be terminated by either party giving written notice ... as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual... View More
If his ex wife said she didn't want the money that he didn't have to pay that amount anymore? Even if they went to court to settle?
answered on Jul 20, 2016
It depends if there are any funds owed to the State. If there is nothing owed back to the State, then the parents may reach an agreement on the arrearage, which would then have to be ratified by the Court.
Mom take child out of state to visit family for a couple weeks if father was notified?
My purpose is (1) To allow me to keep the house in my lifetime with me, not them, getting real estate tax bills; (2) to have them take ownership on my death without involving probate; (3) upon the death of one son to have ownership pass to the other, not to heirs.
answered on Jul 13, 2016
You may want to consider an enhanced life estate deed or a lady bird deed.
Would the surviving spouse be obligated for medical debt acquired during marriage? In Florida
answered on Jul 13, 2016
No, the surviving spouse should not be responsible for that debt unless the surviving spouse guaranteed the medical debt. Estate debts are only paid out of the available estate assets.
My landlord has threaten to evict me because I have complained he said "if I didn't like the conditions to just leave". I have called the Florida DPBR and they have told me that the landlord is illegally renting units and has over 100 properties. He does have a business license, but... View More
answered on Jul 12, 2016
You may consider furnishing your landlord with an official seven-day notice to cure this issue. Pursuant to Section 83.51(2)(a).1, "[u]nless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex... View More
I have a sister but she lives out of state. And according to the state I was my mother's caretaker.
answered on Jul 12, 2016
If the home was your mother's homestead property and the deed to the home is just in your mother's name, you should pursue a petition to determine homestead status of real property which sometimes is a stand-alone action or is part of a summary administration. The order on homestead... View More
My son was born during the marriage, but my husband is not his biological father. My son has his biological father's last name.
answered on Jul 12, 2016
No, you may not pursue a simplified dissolution of marriage when you have a child born during the marriage.
Wills drawn up in Pa. Separate willls for husband & wife.
Couple now living in Florida.
answered on Nov 11, 2014
Pursuant to Section 732.502(2), "[a]ny will, other than a holographic or nuncupative will, executed by a nonresident of Florida ... is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been... View More
answered on Nov 11, 2014
Only if there are assets to probate. In other words, if there are accounts left in the decedent's name without a beneficiary or if the decedent owned property titled only in the decedent's name, these types of assets need to go through probate. You should really consult with a probate... View More
answered on Nov 11, 2014
On the child support matter, you may want to consider pursuing a modification. As to seeing your child, if you were never married to the mother of the child, then you should pursue a paternity action. In a paternity action, a parenting plan with time-sharing schedule would be established and other... View More
I have been served foreclosure papers by the court. My landlord keeps demanding that I pay him rent, but he is not paying the mortgage.
answered on Jul 15, 2014
You should continue to pay rent or risk being evicted for nonpayment of rent. You should also be aware of Protecting Tenants at Foreclosure Act of 2009. This Act extends additional protections for tenants in foreclosed properties.
answered on Jul 15, 2014
As long as you have lived in Florida for at least 6 months before filing, then you can file for divorce and proceed with your dissolution of marriage action under Florida law.
answered on Jul 15, 2014
Generally not unless you commingled the inherited funds with the marital assets.
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