Questions Answered by Deborah Bianchi Tracht

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

2 Answers | Asked in Family Law, Criminal Law and Domestic Violence for Florida on
Answered on Jun 26, 2017
Deborah Bianchi Tracht's answer
Yes she would have to move out. You should call the police. Your sister is committing a felony.

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jun 16, 2017
Deborah Bianchi Tracht's answer
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 representation.

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

3 Answers | Asked in Estate Planning for Florida on
Answered on May 31, 2017
Deborah Bianchi Tracht's answer
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.

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?

1 Answer | Asked in Child Support for Florida on
Answered on May 31, 2017
Deborah Bianchi Tracht's answer
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 away.

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

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Florida on
Answered on May 31, 2017
Deborah Bianchi Tracht's answer
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.

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

1 Answer | Asked in Child Support for North Carolina on
Answered on May 24, 2017
Deborah Bianchi Tracht's answer
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.

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

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Florida on
Answered on May 11, 2017
Deborah Bianchi Tracht's answer
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.

Q: Paternity and Visitation help!?!

1 Answer | Asked in Family Law for Florida on
Answered on May 9, 2017
Deborah Bianchi Tracht's answer
You need to speak with an attorney. I am available to speak with you anytime. 954-776-2320.

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

1 Answer | Asked in Divorce for Florida on
Answered on Apr 24, 2017
Deborah Bianchi Tracht's answer
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.

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

2 Answers | Asked in Child Support for Florida on
Answered on Apr 24, 2017
Deborah Bianchi Tracht's answer
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 disparity in your income. Please call, so we can further discuss this matter. 954-776-2320.

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

2 Answers | Asked in Divorce and Child Support for Florida on
Answered on Apr 24, 2017
Deborah Bianchi Tracht's answer
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.

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

2 Answers | Asked in Family Law and Child Custody for Florida on
Answered on Apr 17, 2017
Deborah Bianchi Tracht's answer
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' income, he may have to pay all or part of your legal fees.

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

1 Answer | Asked in Child Custody for Florida on
Answered on Mar 18, 2017
Deborah Bianchi Tracht's answer
You have no "standing" or "rights" as to a step-child, unless you have adopted that child.

Q: Divorce: question around motion for contempt

2 Answers | Asked in Child Support for Florida on
Answered on Mar 16, 2017

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

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Answered on Mar 2, 2017
Deborah Bianchi Tracht's answer
It can help but there is not enough information for me to give you an intelligent response

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?

3 Answers | Asked in Divorce for Florida on
Answered on Feb 25, 2017
Deborah Bianchi Tracht's answer
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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