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answered on May 8, 2021
It really depends on two things. First, what does your final judgment and/or marital settlement agreement say about this? Second, what is the purpose of the children going to the doctor? There is no one right answer to your question, it really depends on the facts and circumstances. It would... View More 
The decree ended on April 05, 2021 and it states the wife shall have 60 days to buy out the husband
The wife refinanced back in August 2020 so the remaining balance has to be
found on an Amortization table which the wife does not agree with
answered on May 8, 2021
Your question is a bit unclear. The final judgement should provide clarity in regard to the value of the home and how much Wife should pay to Husband by a certain point in time. You may want to consider having an attorney review the final judgment and/or any settlement agreements to provide... View More
answered on May 7, 2021
You can prepare and set for hearing a motion to temporarily update where reduce the monthly support. There is caselaw on it and no funds should accrue during the period of abatement or reduction except for the amount that the court orders you to pay if it is in fact reduced as opposed to being... View More
We were married from 2013 to 2018 and I filed for divorce after I discovered her with another man. She left the home on her own decision, I did not force her to leave. The divorce decree states that the home wil be sold and profits split 50/50 after I receive compensation for any home repairs paid... View More
answered on May 11, 2021
I agree with my colleague, the terms of the Final Judgment will control. In the event you have passed any time frames set forth in your Final Judgment, the issue of delay due to the hurricane may be relevant. If this does proceed, you may want to consider speaking with an attorney in your area.
My grandparents from my father's side have been dead for a very, very long time; my father died also about 15 years ago. I want to exhume my grandparents' graves and resell the plots. My younger siblings oppose to this. I am the oldest of all. Do I have a legal right to do so without... View More
answered on May 6, 2021
Interesting question. However, this is not a family law question. I would suggest that you post either in civil or wills/trusts/estates. The issue may be governed by law, by a will, by the laws of the state of Florida, and/or by a contract with the cemetery. It does not sound like the type of... View More
My sister sent my nephew down here to live with me because he was trying drugs, not doing well in school and coming/going from the house whenever he wanted. At first he was doing so well down here...said it was toxic in NYC and he appreciated the calmer environment. However, now he misses his... View More
answered on May 6, 2021
Are his parents coming to Florida to find him and/or pick him up? They should consider take responsibility for him and should report him as a runaway. Do you know where he is? You may want to consider speaking with an attorney and moving forward in terms of reporting him as a runaway and/or to... View More
The case did not contain any orders for if/when the children emancipated.
answered on May 6, 2021
Children emancipate at age 18 in Florida; however, the disability of non-age may be removed for several reasons set forth in the statute. Even though children emancipate at age 18, the court is permitted to order child support through high school graduation provided the child graduates prior to... View More
answered on May 6, 2021
I agree with my colleague. You may want to post in the state where your relative resided and where the will is. Also you may wanna post under Wells or trusts and estates as this is not technically a family law question. Best of luck to you you
Putting up cameras in my house without my permission. Threatening that they dare anybody come out and say something as in violence. Scarring my minor child saying she is going to call DCF and take to take my youngest child. All in retaliation of my sisters husband who I have an injunction on for... View More
answered on May 5, 2021
There are requirements to obtain a Domestic Violence Injunction that include being the victim of violence or imminent fear of becoming the victim of domestic violence. If someone is letting someone into your residence that has an injunction against him, your remedy is to report the violation to... View More
The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.
answered on May 5, 2021
What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... View More
She tells me to move out when i'm 18 but i turn 18 in 3 months and don't wanna get in trouble with the law if i do leave what can i do?
answered on May 5, 2021
You may want to reach out to a trusted adult such as a teacher, school counselor, friend's parent, doctor, clergy member, etc... to seek assistance. When you are eighteen, you are a legal adult in Florida, until then, please seek out help from an adult who can try to help you for the next... View More
Does this mean if 3 or more of your children have been placed in out of home care. Or if any of your children have been placed in out-of-home care 3 or more?
answered on May 5, 2021
This would refer to any child being removed, it is not only applicable if you have three children removed.
I went to pre trial on march based on my motion for contempt and modified time sharing that i put in the courts against my son father and the judge told my son father at Pre trial that he have 20 days to respond back to my motion. its been over a month and he have not responded and it was ordered... View More
answered on May 5, 2021
Motions do not typically require responses. However, a responsive motion or an Answer is required in response to a supplemental petition for modification. You may want to see if you can schedule another status conference with the judge. Additionally, if this was a pre-trial conference, there... View More
I am paralyzed, I have MS
I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.
I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... View More
answered on May 5, 2021
Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... View More
I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1... View More
answered on May 5, 2021
First, it is wonderful that your child has you as a parent as his other parent is unable to care for him. What you are asking is indeed possible; however, it is a much more streamlined process if you and your girlfriend are married and you and she file a joint petition for adoption by step-parent.... View More
My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.
answered on May 5, 2021
There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and... View More
answered on May 6, 2021
Spousal support, alimony, is based on need and ability to pay. As such, whether or not you have a claim for alimony would depend upon your income and your spouse's income as well as whether or not you have a need and your spouse has a corresponding ability to pay. In terms of length of... View More
set amount with my mother as the beneficiary. my father passed away 6 months ago. he canceled the life insurance policy the judge ordered him to keep because both parents paid into. he only kept the original life insurance policy.which only listed his wife as the only beneficiary. what does my... View More
answered on May 6, 2021
Your mother may want to discuss this matter with a highly qualified family law attorney. There is a possibility that she may have a claim on the estate.
Step son want to go hunting wife has primary custody we were going to sign him up for a hunter safety camp in the summer and possibly take him hunting next year. He excitedly told his dad about whom lives out of state and spends little to know time with them he threw a big fit and said we... View More
answered on May 6, 2021
The terms that you are using are unclear and any attorney would need to review the actual court order to provide specific information. If there is a Marital Settlement Agreement or Court Ordered parenting plan, it should set forth day to day decisions, summer care/camp decisions, and parental... View More
I won a hearing after the mother petitioned for an emergency pick up order. Judge agreed with mother and ordered, I apealed the decision based off of due process and my ability to not tell my side. the judge then recanted and called for a hearing. I won the hearing the judge determend the... View More
answered on May 5, 2021
I agree with Attorney Thorgaard that you have an attorney who is handling this for you. It is difficult to have patience with the procedural issues in the legal system; however, if the court said that the matter requires an evidentiary hearing, then your attorney will know how to handle this and... View More
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