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Questions Answered by Vanessa Vasquez de Lara
2 Answers | Asked in Family Law for Florida on
Q: Do I use the gross up method if the non majority parent doesn’t exercise his 20% overnight visits?

He voluntarily moved out of state and says the gross up method doesn’t apply to our situation since he chooses not to exercise his 20% of overnights

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Your question is confusing. Gross up is when the tables go through calculations twice to determine child support. Once for the child's basic needs, and the second time for a "gross up" of additional needs from spending extra time with the second parent. The gross up calculation... Read more »

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: My sons bio dad is not on the birth cert and no contact in 3 years. Can my fiancee adopt him without involving the bio?

My sons biological father is not on the birth certificate and paternity has never been established. My son is about to be 6. Bio dad (an incarcerated violent felon) has not seen him since he was 6 months old and has made no effort to contact is in the last 3 years. Can my fiancee, who has been in... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Yes! You need to do a step-parent adoption which includes checking if the biological father registered himself in the Florida putative father registry. If he didn't, which most men do not do, then there is no need for consent from him. His rights would be terminated in the adoption. But you... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Can an unwed mother, who has sole custody of the child, change the childs name without consent of the father florida law

I am unwed mother. Father is listed on birth certificate but has not established parental rights. I want to change the child's name, do i need consent from non custodial father.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Yes, you will need his consent or you will need to have him served with the petition for name change. If he is served and does not object, then you can go forward without his consent. If he responds, then you will need to convince the court why the name change is in the child's best interest.... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: in a custody battle, how do i get help for my kids involving a step parent who tries to divide my kids from grandma?
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

This sounds like a complicated issue that will require more details to assist with. Neither the step-parent nor the grandma has rights to the children. Therefore if one is causing alienation from the other, there may not be much the court can do. But it is a child's right not to be spoken to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Tengo un caso abierto aca en Orlando Fl y quisiera saber si me pueden ayudar?

Mi nombre es xxx y el caso mio es de custodia de mi hija quisiera saber si me pueden ayudar con mi caso y exponer el caso oh a donde tendria que ir por ayuda Les agradeceria de antemano espero respuesta pronto lindo dia.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Si usted tiene un caso en Orlando, necesita consultar con abogados en Orlando. Esta pagina ayuda con preguntas individuales. Tambien puede buscar abogados que esten localizados en Orlando en esta pagina.

Buena suerte!

1 Answer | Asked in Family Law for Florida on
Q: Can my visitation order be moved from Ohio to Florida?

My son and I moved to Florida in 2013. All the visitation and child support paper work was done in Ohio right after we moved (that’s where his dad lives and where we moved from). Recently Florida took over the child support portion because I lost my job and needed to get my son on state insurance... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Once your child has been in the State of Florida for more than 6 months, you are able to domesticate or establish your case in Florida and request a modification. You do not need to go back to Ohio to make changes. But what your son wants is not a good enough reason not to send him to his... Read more »

2 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.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Like many things, it depends. It depends on whether you were aware he was using it, depends whether the funds were commingled with marital funds, depends on if the assets are still around... anything purchased during the marriage is marital even if it's in only one person's name. You... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: How should I respond to a petition for modification of child support due to a child turning 18?

This fact is true however, the child is in college and is still being supported by myself and currently resides in my home. I also still pay for his insurance, vehicle, gas, and food.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 19, 2020

Agree with Rand. Child support is through high school or until a child turns 18. Therefore, it looks like child support will be completed if your child already finished high school and is approaching 18.

Good luck!

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1 Answer | Asked in Family Law for Florida on
Q: My brother is threatening to report his 16yo son as a runaway after allowing him to leave with me. What should i do?

My brother had slapped my nephew and so he called me to come get him. When i got there, my brother said he wasnt going anywhere but then threatened to beat the crap out of him when i left so i stayed. After arguing for several minutes he told him to leave but not to ever come back and even said he... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 16, 2020

You need to contact the Department of Children and Family immediately.

Good luck.

1 Answer | Asked in Child Custody for Florida on
Q: What is my next step if I was granted a relocation case for my child and 9 years later decide to move back.

Are both parents still obligated to follow the time sharing order even though this is based upon the parent and child living in another state?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 14, 2020

Typically, if you are returning to where the other parent resides, the other parent is likely to agree with the relocation. Otherwise, you are supposed to follow the relocation laws of your state to obtain permission to move. If the relocation happens by agreement, you and the other parent can... Read more »

2 Answers | Asked in Family Law for Florida on
Q: i havent received help from my son father and he refuses to help when i ask he rudely denies help and tells me no

Im currently having issues with the father of my son he hasn't help with nothing of the child these months no child support i recieved $40 about two weeks ago and tells me to take that sorry child support and to stop asking him for help because he is not obligated to help me if the child is... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 12, 2020

There's a lot of information in your question and you should probably consult with an attorney for more detaled legal advice. That being said, if there is no child support order, the child support amount has not been legally established and therefore the Father is not violating a court order... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Can you ask a judge to recalculate arrears in Florida Child Support case?

NCP was supposed to hold medical insurance on a special needs child and never did. The child has since been emancipated and I am looking to collect arrears that are past due? DOR has a hearing 10/14/2020 for contempt of non-payment...I need to know if I can ask them to recalculate the past due... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 7, 2020

The court can only give you what you ask for. You have to file a Motion for Contempt if he was supposed to do something and did not do it and it cost you money. Most child support orders include a division of medical expenses and you can seek reimbursement for those expenses. But unless a motion... Read more »

2 Answers | Asked in Family Law and Criminal Law for Florida on
Q: A friend of mine signed power of attorney over to me for all his affairs and properties while he's incarcerated

I am to move into his house and take care of his wife and to have anyone removed if they don't have permission to be there. The wife is not mentally stable to make decisions for her self. Question is can I do all of that without the police getting called and me going to jail for trespassing

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 7, 2020

The problem is not the police being called, but the fact that if his wife is there and this home is marital, a power of attorney is probably not sufficient to give you authorization over her property. If she has mental capacity and has not been declared incapacitated, a power of attorney on the... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Change of Name in USA

I born in Puerto Rico. Currently living in Miami, Florida. Want to change first and last name. Can I have the petition for change name in Florida ?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Sep 23, 2020

Yes, if you are now a resident of Florida, you can change your name through the courts here in Miami.

Good luck!

3 Answers | Asked in Family Law and Child Support for Florida on
Q: What does case status of consent judgement mean in a Child support case in which I'm the receiving Parent

I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Sep 10, 2020

There isn't enough information here to explain what you may have seen on the docket.

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1 Answer | Asked in Child Custody for Florida on
Q: my ex secretly filed & had a custody hearing on Feb 20, 20, he was awarded sole custody, i was granted a retrial

I was not informed of the proceedings in February, he was awarded sole custody by a majistrate, last week i was granted a retrial, does he maintain sole custody now or does it defer to the agreement signed by a judge on 8/20?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 25, 2020

This depends on what the order for the retrial state. If the order was set aside, then the prior court order applies. If the retrial order did not set aside the last custody order, then you are still under that order.

You really need to have an attorney assist you in evaluating all of your...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My exhusband is trying to send my kids to live with his mom in a different state for the school year. Can he do this?

He lives in Colorado, I live in Florida, our case jurisdiction falls in Colorado. He has decision making. But he wouldn’t be going with the kids. Him and his fiancé were kicked out so they sent our 2 kids and their 1 child to live with his parents in Kansas for the school year.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 19, 2020

I'm pretty sure the courts in Colorado would not be ok with him sending the children to live with third parties over a parent. Unfortunately, you will have to get an attorney in COlorado to assist you since I'm assuming that is the home state of the children for the last six months.

Good luck!

1 Answer | Asked in Family Law for Florida on
Q: Can I take my biological children from their biological father and keep them at my residence and not get in trouble?

I want my children to live with me and go to school in my county without getting in trouble. Me and their father have no legal agreement about custody.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 17, 2020

An unwed Mother is the sole and natural guardian of children born outside of a marriage. Therefore as the Mother, only you have the authority to choose their school and their residence. Once you go to court though, that changes. You may want to try to work it out with the Father. Otherwise, you and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: been dealing with support case for 13 yrs with my child’s mom. She has family that works in the system manipulated

Child lives with neither parent yet she seeks child support. Lost my job and I’m a injured vet whom served 7+yrs. original case from Illinois. Mother moved child from Chicago to Arizona without fathers (me) consent or knowledge

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 17, 2020

Your question is unclear. If you need someone to review the order of child support or modify it, since you lost your job, you will need to have someone where the order was initially entered, which from your question was not in Florida. You may want to repost your question in the Illinois section of... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter turned 18 last year Florida revenue closed the case in 2017 why is the st of Georgia unaware of this

Why are they still garnishing my disability check and took my stimulus money when I don't owe them nothing I sent a copy of the transaction history dating all the way back to 2012 showing balance due is zero I believe I'm intitlled to reimbursement from the date of case being closed til now

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 17, 2020

Sometimes, when a child support order is not clear when child support ends, you have to ask the court to end the child support. You may need to get a court order ending the support and addressing the issue of over payments.

Good luck.

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