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Questions Answered by Michael David Fluke
3 Answers | Asked in Divorce for Florida on
Q: I live in florida and my husband and I are separated. I refianced my home and paid him so he could buy another property.

I gave him 20 k he bought a home with non marital funds . Now he wants equity in my home but says i have no rights to the home he bought.

Michael David Fluke
Michael David Fluke answered on Feb 9, 2021

It seems to me from the limited amount of information provided, that either you both have an interest in the other's real property or neither of you do. Start with the premise that you are both still married. Therefore both properties are marital and subject to equitable distribution. Now... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a petition for modification of alimony be dismissed without a hearing?

I filed and served a petition for modification of alimony. My ex did not answer in 20 days so I filed a motion for default judgment. The clerk did not enter the default judgment. Instead I got an email from the JA requesting hearing dates on my exes motion to dismiss. Are there any circumstances... Read more »

Michael David Fluke
Michael David Fluke answered on Feb 3, 2021

What is required is that a responsive pleading be filed within 20 days. A motion to dismiss is a responsive pleading. A motion to dismiss a supplemental petition for modification of alimony would generally be based upon a lack of a substantial, unanticipated, change in circumstances. Examples... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »

Michael David Fluke
Michael David Fluke answered on Jan 21, 2021

He appears to be off the hook as long as you allow him to be. Your ex cannot be required to pay for a daycare that is not in operation. Now, if you were to ask him to pay the same amount to the new daycare and you are willing to pay the difference, I think you would have an argument. Otherwise,... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Paying spouses debts with non-marital money.

My husband bought a house before our marriage. If we buy home appliances and remodel the house using credit cards under the name of both spouses, and then we pay off all debts with the income from the non-marital home, Do all the appliances and updates that we did in the house become marital... Read more »

Michael David Fluke
Michael David Fluke answered on Jan 16, 2021

This answer is a bit complicated, but worth investigating based on the roughly $285,000.00 in appreciation. Absent a written agreement to the contrary (Prenuptial/Postnuptial Agreement), the improvements made to the home during the marriage are marital. If there was marital effort such a marital... Read more »

1 Answer | Asked in Divorce for Florida on
Q: If one parent enjoys a holiday does the other parent get extra time after?

I had start of Christmas break until Christmas at noon and my ex had from Christmas at noon until end of break which gave him 2 weekends which is the benefit of having the second half of Christmas break, and i will get go enjoy that next year. After i had my half of Christmas break and he had his... Read more »

Michael David Fluke
Michael David Fluke answered on Jan 15, 2021

Usually this only happens if there is a provision in your Parenting Plan or Settlement Agreement which states that there will not be three weekends in a row. Typically, I do not include these in mine for the very reasons you cited, it throws off the entire schedule. Assuming this clause is not in... Read more »

2 Answers | Asked in Divorce for Florida on
Q: In Florida, are you obligated to take money out of non marital IRAs to pay alimony?

I am getting a divorce in Florida. Every month my expenses are higher than my income. I have some IRA money that is not marital. Will I be obligated to deplete my IRAs to pay alimony?

Michael David Fluke
Michael David Fluke answered on Jan 12, 2021

This will really depend on the amount in your IRA. The Court will start by looking at your relative incomes. Assets are then also considered by statute, but unless the assets are significant, a court will typically not order alimony when there is otherwise no ability to pay. You may also... Read more »

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2 Answers | Asked in Divorce and Child Support for Florida on
Q: What are the laws regarding accessing my husband’s personal bank account transactions?

We have started talking about getting a divorce. I found out earlier in 2020 that he was having an affair. He has since changed his log in for his 401K account and withdrew money to go on a trip and she also went along. Then he just got terminated on Dec 27th and now has cashed out his 401k as well... Read more »

Michael David Fluke
Michael David Fluke answered on Jan 12, 2021

I would suggest you retain an experienced divorce attorney and file divorce immediately in order to protect the assets. There is law to establish marital waste for the money he has spent on his extra-marital affair, but it does you no good if there is no money left. Once filed, you can attempt to... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: In a divorce settlement, one spouse will keep the house & refinance the mortgage. The Closing Costs will be split 50/50

The refinance settlement statement requires 13 months of Escrowed FUTURE Hazard Insurance and 4 months of Escrowed Taxes.

Is the one leaving the property responsible for the FUTURE Escrowed taxes and hazard insurance since they will not be on the mortgage or own the property for the next... Read more »

Michael David Fluke
Michael David Fluke answered on Dec 10, 2020

Sadly, I think this was an unanticipated matter not really addressed by your settlement agreement. I think the recipient of the home could argue that these are closing costs. I think you could argue that not all costs in the settlement statement are closing costs. I think you ought to discuss... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: My husband and i have been married for 3 years. Am i entitled to anything?

We’ve never combined bank accounts. He’s been married three times and he’s always insisted on being the provider. Even our therapist has suggested he let me pay for stuff and he won’t let me. Am i entitled to anything if we split? He’s been deceptive and untrustworthy and at this point... Read more »

Michael David Fluke
Michael David Fluke answered on Dec 4, 2020

The answer is yes. Regardless of your name not being on bank accounts or retirement accounts, you are entitled to half the assets accumulated during the marriage. Depending on the finances, you may also be entitled to some short term alimony to help re-establish yourself as a single person. I... Read more »

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Do I have any legal recourse to be repaid my inheritance that my ex took?

Do I have any legal recourse in getting my inheritance back from my exhusband in our divorce. While married I received a sizable inheritance that he borrowed/took and purchased himself a car, motorcycle and spent approximately 50k shopping. The motorcycle and car are in his name only.

Michael David Fluke
Michael David Fluke answered on Dec 4, 2020

The general answer is no. If your inherited funds were spent during the marriage, you have accepted that as part of your marriage. That being said, through the process of equitable distribution, you would still be entitled to half of the value of the remaining assets (the car and the motorcycle).... Read more »

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