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Questions Answered by Vanessa Alexandra Vasquez de Lara
1 Answer | Asked in Family Law and Child Support for Florida on
Q: Im owed 38k in back pay for CS. Should I get a personal lawyer to help enforce payments on a regular basis?

I have an open case. Monthly payments are supposed to be $600 but are sporadic. NC parent works “under the table”. How can he be held accountable ?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 11, 2020

You should definitely get an attorney to help you collect on the money that you are owed. The court can order the father to get a job "on the books", they can order sanctions and contempt, they can order incarceration if he does not pay. Simply allowing him to get away with it, doesn't help you or... Read more »

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Filed for custody, mother replied but didnt reply with right paperwork. Can I still file for default?

We have a three year son whom I filed shared legal and physical custody of in October. She finally replied and wants sole custody but only filed a parental plan and financial affidavit. Can I file for default since she didn't file all required documents and mail them to me?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 4, 2020

If the Mother did not file an Answer to your Petition for Establishment of Paternity, then yes, the appropriate thing to file is a Devault and ask the judge for a final hearing.

Good luck.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Filed for shared custody, mother didn't file all of needed papers nor served. What to do next? Can I file for default?

Filed for 50/50 shared custody of my 3 year son in October after Mother stopped visits for 5 months. Mother only allowed supervised visitation before where I was responsible for transportation, food and entertainment for her and her 4 children. Mother wants 70/30. She filed parenting plan and... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 2, 2020

You must file a motion to compel or for her to show why she should not be held in contempt of court for her not complying with prior court orders. You must also ask the court for a final hearing or trial in order to have the court determine the final parenting plan.

Good luck.

1 Answer | Asked in Family Law for Florida on
Q: Can two people getting married get a prenuptial agreement that states a simple 70/30 split if they both agree?

If divorce occurs in one state, does the marrying state influence the terms of divorce?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 16, 2020

The prenuptial agreement can have any terms that both sides can agree to, even 70/30. Most of these agreements state if only one states' laws will apply. This would mean that despite you moving somewhere else, the laws of the state where you choose would be applied.

Good luck!

1 Answer | Asked in Family Law for Florida on
Q: What can my fiance do if the mother of his son left the residence state to restrict a father/son relationship?

He has made several attempts to visit him. (Mother denying) Just recently she finally agreed to a visit and the day of we find out she left the state. When he contacts her she tells him shes on vacation and they can set something up for visits when they come back. That was over a month ago! We have... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 16, 2020

If he has not established paternity through the courts, he needs to immediately start the process. Otherwise, he has no legal rights to timesharing with the child. He then needs to search for her in the new state through social media, questioning family members, or other methods. Worst case, he... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My ex wants to go back and ask for child support

in our divorce herring we agreed to deviate from child support and the judge made her sign a special document as well. im not sure of the form but we agreed no child support. she is now living back with her mother and the child is shared 50/50 but I usually have him 4 days a week( not sure how to... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

Child support can always be modified if there has been a substantial change in financial circumstances. There really isn't much you can do, other than document when you have the child in a journal in order to use that as evidence if you should ever have to go back to court.

Good luck,...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I have a hearing for my divorce case addressing an order that was granted in my favor.

I had representation until recently and my evidence is on lien and I have to regather my evidence as I just found out that prior counsel did not prepare or turn in my evidence needed for the judge in time for my hearing. Now I have nothing for my hearing and have missed a deadline I was not aware... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

It never hurts your chances to file a Motion for Continuance and explain to the court why you need additional time.

Good luck,

Vanessa Vasquez de Lara, Esq.

1 Answer | Asked in Family Law for Florida on
Q: Do you provide help with father parental rights .
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

Most family attorneys do.

Good luck,

Vanessa Vasquez de Lara, Esq.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Married 8 years to ASM. We are divorcing. What percentage of retirement, pension, and TSP am I “owed”/have a right To?

We are filing, i just dont know the logistics as far as numbers go that i have a right to as far as pension, TSP, and retirement. Also, what type of alimony do i ask for?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

The way retirement, pension, and TSP distribution looks like is based on the amount of time the person was employed prior to marriage and the amount of time married. For example, a person employed for 10 years and married 8, the marital portion is 80% of the value at the time of the divorce. This... Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it in my rights to give my unborn child hyphenated last name while going through a divorce

The divorce process started during the pregnancy. We filled all the paperwork out together and agreed on everything. We could not finalize the divorce due to the unborn child. Child has arrived and I decided to give the baby a hyphenated last name. I will be going back to one of my ex husbands... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

If you and dad did not agree to the child's name, then yes, this could be an issue that may delay your divorce. Basically the court would need to decide between the names that each parent wants based on what is in the child's best interest. It doesn't stop the divorce, but you'll need a hearing in... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Mom hasnt let me see one of my daughters, who is 4 months old, since birth. Will that look bad to a judge

Child support is pending, DOR already send me papers establishing paternity, don't know if i would file for visitation, but went to court office and they said i don't have a case number?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

Department of Revenue (DOR) child support cases are different from parenting plan cases. In order to establish timesharing with your child, you must file a Petition for Determination of Paternity. This allows you to establish parental responsibility (ability to make decisions for your child, along... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: I have physical custody of my son and dads mother had me give her custody of my son at 3 months old. The court order

Was till I got on my feet and was able to provide for my son. I am already getting child support granted by the same judge. So how long does his mother have to respond to the summons?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

The facts here are difficult to sort out, but all summons in the family court allow for 20 days to file an answer.

Good luck,

Vanessa Vasquez de Lara, Esq.

1 Answer | Asked in Child Custody for Florida on
Q: Can mom come & remove our daughter from my home since I have filed for legal custody and court mediation is in 14 days?

I have one yr old, (mom/I never married) & she has lived in my home since she was born, mom left in Sept 2019 & she left our daughter with me. Three Face-to-face visits happened once a month as when mom requested them through another party from Late Oct-Dec, with only other contact by mail in that... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

As the unwed mother of the child, she is the only person legally entitled to the child. The police will usually not do change in custody but you never know. Therefore, until you go to court to be declared her "legal" father and not just the biological father, I would try to get along. It might be a... Read more »

1 Answer | Asked in Family Law and Military Law for Florida on
Q: Can a married military member file CS on their spouse who’s also a military member. Wife lives in AL, husband in FL?

They are still married, neither has filed for legal separation or divorce. They have 2 kids wife is Army, husband is Airforce.. wife is stationed in Enterprise Alabama but filed from Montgomery county. Husband stationed in Florida. the father pays half of daycare and provides extra money for food,... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

Child support can always be requested, even if the parents are still married. But it sounds like the jurisdiction on this case may be incorrect as child support must be filed where the paying parent lives, not where the children live. An attorney should be consulted to see if the case can be... Read more »

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
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

Interest is a statutory right if the child support was not paid on time. You may be able to file a motion to determine the arrears and/or make an offer to the other parent for a lump sum payoff.

Good luck.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: Spouse has been in jail for over a month for a court date he was never notified of.

Apparently in 2017 my husband had a court date for missing a couple child support payments. He never received any type of notification. As a result judge sentenced him to 179 days in jail or pay $696 because he didnt appear. He didn't even get a chance to defend himself and let the judge know that... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

This sounds like a contempt issue where the child support purge was set to allow him to "purge" himself of the contempt by paying $696. There are definitely options such as setting a hearing on the purge, filing a motion to set aside the original contempt order, or simply paying the purge amount.... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Me and my wife are separated , can she legally forge my signature to sell a boat in my name obtained during marriage?

She threw my clothes out And locked me out so I went out of town to let things cool down hoping it would work out . She called me and needed money for The mortgage payment And I did originally tell her (if need be) to pay the mortgage , sell the boat butI got her the money in time For the mortgage... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

No one can "legally" forge someone else's signature on a document. It is a criminal act to forge someone's signature. You definitely need to see an attorney asap in case you want to try to undo the sales and get those items back.

Good luck.

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: Son doesn’t want to see dad today

He wants to see relatives he hasn’t seen in a long time

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

Children don't get to make decisions, parents do. This is something that should be discussed with the father and substitute arrangements offered in order to try to accommodate seeing the relatives.

Good luck.

1 Answer | Asked in Divorce for Florida on
Q: If there is nothing between anyone can the other party take half of the others paycheck

My boyfriend and his wife are separated. There’s no kids, no property between them. They don’t own nothing together or separate. He gives her money every week because he is afraid that she will take half of his paycheck in the divorce.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

That's not exactly how alimony works. In Florida, one persona has to have a need and the other has to have an ability to pay. If he's been giving her money every week, it sounds like he may have the ability but there's also a calculation of her needs and determining how long the assistance should... Read more »

2 Answers | Asked in Child Custody and Child Support for Florida on
Q: I have 3 kids on child support, twins 13 and a 15 year old.the 15 yo is moving in with me how will this affect c suppor?

Currently I get them every other weekend and the following Sunday for family dinner. I pay $333 per week

She has moved 2 different men in and out twice I think I should have full custody of all my kids and she is bi-polar

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 18, 2019

In order to modify the child support because one of the children is moving in with you, you must petition the court to modify the child support. Without the request for a modification, then the numbers cannot be changed retroactively. You should seek an attorney to assist with this as mistakes in... Read more »

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