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Questions Answered by Deborah Bianchi Tracht

2 Answers | Asked in Family Law, Criminal Law and Domestic Violence for Florida on

Q: Will an injunction force a family member out of the home?

My mother has stage 3 lung cancer and my 31 year old sister has battered my mother. She resides in my mother's home. My mother wants to file an injunction against her, but is afraid that she will still be in the her home. So, my question is if the injunction is granted, would my sister have to... Read more »

Deborah Bianchi Tracht answered on Jun 26, 2017

Yes she would have to move out. You should call the police. Your sister is committing a felony.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on

Q: Can my husband take my kids away if he is the sole breadwinner and we have a prenup?

I am a 33 year old mother of 2, (8 & 4). My husband recently started a business 2.5 hours away and lives there during the week. He told me he wanted a divorce and will be fighting me for custody and wants the kids to move where he lives. We have been here almost 5 years, my son is going into 3rd... Read more »

Deborah Bianchi Tracht answered on Jun 16, 2017

You need a lawyer. He would most likely have to pay your fees. Even if the prenup says he does not have to, he cannot get our of temporary fees, per Florida law. There is too much at stake here. I believe you will ultimately prevail, barring any extenuating circumstances. Please seek... Read more »

3 Answers | Asked in Estate Planning for Florida on

Q: Hello, Interested in family will or estate planning..What are going rates for this service..Thank You

Deborah Bianchi Tracht answered on May 31, 2017

I don't like to post this online. Please call my office. 954-776-2320. Price depends on service you need. I am conveniently located in Fort Lauderdale.

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1 Answer | Asked in Child Support for Florida on

Q: separated from my husband for 5 mos in fla. He says he does not have to pay child support until a divorce? Is that true?

We have 3 kids and the kids and I have been forced to apply for medicaid and food stamps because he refuses to help and he makes around 1,000 weekly. He has taken on a few room mates to pay the rent where he is living, thankfully I can stay with my parents, but still need help in things of the kids... Read more »

Deborah Bianchi Tracht answered on May 31, 2017

You are absolutely entitled to financial support possibly for yourself and definitely for your children. However, if no one has filed for divorce yet, the court cannot help you. He would most likely also be responsible for reimbursing you for attorney's fees. You should seek legal counsel right... Read more »

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Florida on

Q: I am having trouble approaching attorneys to ask for help- I have been abused in the past, have self esteem issues-how

do I go about getting someone to represent me- all the attorneys are supposedly "caring" and understanding of "how rough it is to be in my position" but no-one has yet helped me....when I ask why I am being turned down the reply comes back , "you are rude" that is not true because I have been... Read more »

Deborah Bianchi Tracht answered on May 31, 2017

Are you looking to hire an attorney or representation for free? That may have something to do with it, however, you should be treated with compassion either way.

1 Answer | Asked in Child Support for North Carolina on

Q: My Fiancee pays child support for 3 daughters in North Carolina. He lives in Florida. 2 daughters have turned 18.

When he called Child services in North Carolina they said child support will continue until the youngest who is 13 turns 18 unless he goes to court for reduction of child support. He cant afford to leave work to drive for Florida to North Carolina make court dates for this. Can he hire a paralegal... Read more »

Deborah Bianchi Tracht answered on May 24, 2017

Paralegals are not allowed to practice law and go to court, as they do not have a license to practice law. An attorney can do this for you.

1 Answer | Asked in Child Support for Florida on

Q: I wanted to know if I have no income can I sign up for child support? I recently work but couldn't keep it because

My son dad didn't want to help with daycare? So I end up losing my jobs because I had 2 job at the time.

Deborah Bianchi Tracht answered on May 19, 2017

Yes. Contact the Department of Revenue.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Florida on

Q: I just found out that my girlfriend that broke up with 3 years ago had my son

She says he's mine she doesn't want me in his life I want to be a part of my son's life every man wants his son she says there's no way that I'll never see him she said that she doesn't want any part of me what can I do please help me

Deborah Bianchi Tracht answered on May 11, 2017

You need a paternity action filed immediately. This is too important to try to do it by yourself. I strongly advise that you utilize the services of an experienced family law attorney. You need to figure out how to borrow money for this purpose. This is your child's future we are talking about.

1 Answer | Asked in Family Law for Florida on

Q: Paternity and Visitation help!?!

The child in question was the result of a one night stand back in 2011, however I have made numerous attempts over the last 5+ years to make contact with the mother via facebook, and email, but she has successfully avoided me all this time. She used to work as a high school teacher for the Duval... Read more »

Deborah Bianchi Tracht answered on May 9, 2017

You need to speak with an attorney. I am available to speak with you anytime. 954-776-2320.

2 Answers | Asked in Family Law for Florida on

Q: My ex wife got remarried in Alabama. I live in Florida.

Would she be able to have her new husband adopt my kids with out me finding out. I pay my child support, have them on my insurance. The whole nine yards.

Deborah Bianchi Tracht answered on Apr 24, 2017

No

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1 Answer | Asked in Divorce for Florida on

Q: My wife remarried, can I stop my payments to her?

I was living in NY and she was living in Fl. Our divorce is filed with Orange County, Florida. It wasn't a disability payment. She asked for a percentage of my retirement as that would stay constant in case I wasn't working. I looked up payments for divorce and I see only 5 types. Only 2 carry on... Read more »

Deborah Bianchi Tracht answered on Apr 24, 2017

Are you sure your retirement was for alimony or was it part of equitable distribution? If for alimony, then you would need to file a Petition for Modification. An attorney would need to see all your paperwork to advise you properly. Please call me so we can discuss this further. 954-776-2320.

2 Answers | Asked in Child Support for Florida on

Q: Going through divorce after living apart for 4 yrs. Should I get settlement THEN petition for 2 yrs retro CS or ask now?

My husband and I have been separated (unofficially)since July 2013. A mediator got involved in January 2017,making it official. I've been financially hit hard trying to pay 1/2 of my 2 kids' needs. My husband always cried poor,so I felt I had to go in half. I have since found out he lied about... Read more »

Deborah Bianchi Tracht answered on Apr 24, 2017

Based on the income of both parties, you should both have attorneys. There is too much at stake. Between the two of you, there is $150k - $200k in income. Why wouldn't you have an attorney to help you at this next meeting? Your husband should have to pay for your attorney's fees, based on the... Read more »

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2 Answers | Asked in Divorce and Child Support for Florida on

Q: Can I ask for travel allowance to see my son when i move to go to college?

i have 50/50 custody rn, I have no child support from my son's father, instead a child support is imputed to me while i attend college full time. Father makes 100K+. Between my savings and student loans, I was able to support me and my son for the past 2 years. I wont be able to do that or afford... Read more »

Deborah Bianchi Tracht answered on Apr 24, 2017

You need an attorney to protect you. Seriously. He should have to pay your legal fees. I suggest you contact a lawyer immediately, prior to moving. This is too important to try to handle by yourself. I would be happy to speak with you on the phone if you call. 954-776-2320.

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2 Answers | Asked in Family Law and Child Custody for Florida on

Q: Can an unwed father win custody over that baby's mother

My sons father and I were never married and he lives in a different state. My induction was scheduled 2 weeks ahead of time but he still didnt make it to the birth and is not on the birth certificate. I have an open door policy with him to visit but hes only been 3 times in almost 3 months. He... Read more »

Deborah Bianchi Tracht answered on Apr 17, 2017

He has rights to time sharing with the child. Also, the child is entitled to child support. If he filed a paternity action, you need to respond. The court will ultimately enter a parenting plan and will set child support. It is recommended that you hire an attorney. Depending on both parties'... Read more »

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1 Answer | Asked in Child Custody for Florida on

Q: what are my rights as a stepmom to have my stepson send back to his mom? My husband does not have custody,

The ex-wife verbally agreed for him to have the kid and she lives in Oregon. I do not agree to live with my stepson, my husband impose him to me. Can I refuse him under my roof ?

Deborah Bianchi Tracht answered on Mar 18, 2017

You have no "standing" or "rights" as to a step-child, unless you have adopted that child.

2 Answers | Asked in Child Support for Florida on

Q: Divorce: question around motion for contempt

completed mediation on 08/2015 / agreed to "pay to the mother" child support starting 11/2015 / I did not feel comfortable paying opposing counsel attorney or counsel directly, this was verbally expressed. 2 years later right before final judgement I am served with a motion for contempt. Should i... Read more »

Deborah Bianchi Tracht answered on Mar 16, 2017

Yes

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2 Answers | Asked in Family Law and Immigration Law for Florida on

Q: I married a guy for love. He married me for Greencard. He never moved in with me. What do I do?

I don't want to get in trouble with the law. I tried to get him to move in but he just kept making excuses. I finally get gave up,due to I was taking care of my Grandfather until he passed. I got married in 2012. I went to the first interview at immigration with him. I don't remember much because I... Read more »

Deborah Bianchi Tracht answered on Mar 10, 2017

You need to file for divorce

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on

Q: Can I get full custody of my son when the father is charged with domestic violence charge

He's been arrested for battery assault on a pregnant woman knowing

Deborah Bianchi Tracht answered on Mar 2, 2017

It can help but there is not enough information for me to give you an intelligent response

3 Answers | Asked in Divorce for Florida on

Q: Got married in S.Carolina. I live in Florida now. Should I get a lawyer in S.Carolina or Florida? Which would be better?

Divorce lawyer.

Deborah Bianchi Tracht answered on Feb 25, 2017

It depends on which state has jurisdiction. Many other questions have to be answered before anyone can answer that question for you.

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