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Questions Answered by Deborah Bianchi Tracht
1 Answer | Asked in Child Support for Florida on
Q: My ex is not working, have not received child support in 6 mos. He is moving to NY in 3 weeks. What are my options?

My ex-husband claims he cannot find a job, but even when he was getting unemployment, he gave me nothing towards support. He moved from Davie, FL, where I lived with our 14 year old daughter to Jacksonville, FL and is now talking about moving to N.Y. within the next 2 or 3 weeks. I have tried to... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 19, 2017

If he has the ability to move, he has the ability to pay. Is the Department of Revenue handling this? Have Motions for Contempt been filed/heard? You already have a court order, you just need to enforce it. Depending on your jurisdiction, the courts should make him show proof that he is not... View More

3 Answers | Asked in Divorce for Florida on
Q: Hello, My spouse lives in PA and I'm living in FL. What would be the best way to file the divorce?

We will be separated for 2 years come February and we have a child.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 19, 2017

Were the two of you ever in Florida together? Where do the children live and for how long? If he has never been in Florida, you may have a personal jurisdictional issue.

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1 Answer | Asked in Family Law for Florida on
Q: will a judge sign a proposed order at a magistrate's exception hearing if there are no findings?

I am the petitioner. My Ex wife, the respondent, submitted exceptions to the magistrate's proposed order (best interest of the child) which was all in favor of the child relocating with me and recommended my proposed parenting plan and hearing is coming up on February 9th. The hearing is with... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 18, 2017

I strongly recommend you have an attorney with you at the exceptions hearing.

1 Answer | Asked in Arbitration / Mediation Law, Child Support and Divorce for Florida on
Q: custody divorce relocation

im married but separated. I have a 2yr old daugther in common and an 8 yr old from my past relationship. i will be moving to florida on the 24 th with an authorization letter i have signed by my spouse and notarized. the letter states i can move with my daugther. i did come back to pennsylvania and... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 17, 2017

I do not fully understand your question. You need to be in one place for six months to establish jurisdiction.

2 Answers | Asked in Divorce for Florida on
Q: What if you live in Florida and both parties would like a simple divorce, but there is a minor involved.

Both parties would like to continue with the visit schedule and equally taking care of the kid like they always do.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 17, 2017

It should be a very simple and inexpensive process, however since there is a child involved, you should involve counsel to protect everyone. Feel free to contact me for further information.

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: Our daughter is now emancipated. Ex-husband is paying arrearages now. Ordered to pay $30/wk. Now paying $200/wk, why?

Ex's wife employed by Family Law attorney. For years they have tried to trick me into signing documents and taking me to court for any little thing.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 16, 2017

Is there a typo in your question? If he was ordered to pay $30 per week and instead he is paying $200.00 per week, what is the problem? He is paying them off faster. That is allowed.

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2 Answers | Asked in Domestic Violence and Child Custody for Florida on
Q: What will happen if 1 year old & I leave abusive father?

Been with babys father for 3 years. He has been abusive to me in front of my child & now that I want to seperate what will happen? Ive lived with him for 2 years & he has not let me have a job and demands all the babys belongings(crib, carseat, etc...) will stay at his house. I plan on... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 16, 2017

Domestic violence is serious and can lead to death. Please retain an attorney immediately and be safe. Feel free to call me so we can further discuss this matter, if you like. 954-776-2320.

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2 Answers | Asked in Child Support for Florida on
Q: Until what age do I have to pay child support if my child lives in Florida. Does attending college matter or not.
Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 16, 2017

Generally in Florida, you do not have to continue to pay child support while children are in college, unless your agreement states otherwise.

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1 Answer | Asked in Child Support for Florida on
Q: Marital settlement agreement states that the father shall pay support as long as there is not a 4 month gap in between s

What age does this stop? Child is 25, with 2 degrees and is still attending college, does not live with either parent.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 13, 2017

This question is not complete. Not enough information to answer appropriately.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I received an MOTION AND NOTICE OF HEARING ON CONTEMPT, I've had financial hardship my arrearage of 14K.

Filed a motion for continuance, she withheld contact turning 17. Gave them 3,000 in arrearage last year. Been basically homeless, wife got deported 3 years ago, applied for local housing program in Orlando, recive food stamps, totally involuntary contempt. Is it best to try to get a job and notify... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 9, 2017

Appear at the hearing and tell your story to the judge. It is ultimately up to the judge to decide whether or not they hold you in contempt and possibly put you in jail.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Family Law for Florida on
Q: Have to answer to an order to Show Cause (divorce) against a writ of Prohibition at the Appeal Court how can i get ?

I need to answer to answer an order to show cause in my divorce case at the appeal court in 10 days against a writ of Prohibition at the appeal court i need a appellate attorney to help me

i was pro se for months at the circuit court got a order in my favor so my opponent try to reverse it... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 5, 2017

Unfortunately, this is very complicated and you need a lawyer. Most charge $10k but some charge a bit less. Please find an attorney to help you. Most take credit cards, as do I. Perhaps you can borrow money from family? There is no way a skilled attorney can tell you the steps to take with the... View More

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1 Answer | Asked in Child Custody for Florida on
Q: During custody (not divorce) proceedings may I go while child is with father to visit new boyfriend?

New relationship has never met child, will not be meeting child for the unforeseeable future. In no way will have any contact with my child. I am concerned that if child's father finds out that he will attempt to use that information against me in custody proceedings even though this has... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 5, 2017

Unless your boyfriend has a criminal record involving drug/alcohol abuse/domestic violence or injury or harm to a child, you should be fine.

1 Answer | Asked in Probate and Real Estate Law for Florida on
Q: My mom recently passed away and my only other sibling is in jail can I legally move into my moms house

And my brother is legally married but have not been together in 3 or so years what right does his wife have.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 5, 2017

Attorneys need a whole lot more information to answer a legal question. Did your mother have a will? Who are the beneficiaries? Is the home paid for or in foreclosure? Did she have a husband? You need to call a lawyer and provide a lot more information. We cannot provide legal advice with... View More

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: My friend pays support for his daughter in TN. Her mom won't let him visit or speak with his daughter. What can he do?

He lives in FL now.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 3, 2017

Everything depends on what the prior orders say. It's best to have an attorney help you to get in to court and get this resolved as soon as possible. Please let me know if I can be of further service.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: In regards to time sharing for a 3 year old- I would prefer a 3-1 & father (not married) insists 50/50. What is normal?

Father and I were never married. I, mother, have been primary caretaker for child. I would like to re-file for 50/50 when she starts elementary school. However, 3 year old still doesn't sleep by herself all night and she is not fully potty trained at night (I'm still waking her up). I... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 3, 2017

It varies from judge to judge and the court looks at the "totality of the circumstances" in making a decision. The trend has been towards 50/50 in some counties in Florida and not so much so in other counties. You will be best served by hiring an attorney to help guide you in this process.

1 Answer | Asked in Domestic Violence for Florida on
Q: How long can I wait to report being assaulted ?

Happened sept.18

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 3, 2017

Too long for imminent danger. Can certainly be used to show a history. Are you attempting to seek a restraining order? For that, it is too long. Next time (and I hope there is not one), report immediately.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son is trying to see his son and my grandson's mother is blocking get all his attempts. They have a custody order.

Father moved to NY 2 years ago and has been allowed to see his son twice. Mother blocks attempts for father to call. Blocked his texts. My grandson is not allowed to talk about his father. Doesn't even have a picture. He told me when dad left, mom smacked grandson in face for crying. She has... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 3, 2017

First of all, an attorney, prior to giving legal advice, needs to know what the prior order(s) say(s). It is impossible to tell you what legal rights he has without knowing this. If he has rights (in other words, not terminated by law), then something needs to be filed in the courts ASAP. This... View More

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My husbands kids mother pays child support, we want to go for termination of rights but her last payment was 12/31/16.

Before that it was 10/14/15. How do you stop payments from coming in??

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Jan 3, 2017

If it is being paid through the Department of Revenue, contact them. Something needs to be filed with the court. I need a lot more information before I can further advise. Basically, you need an attorney. This is too complicated for quick answers online.

1 Answer | Asked in Family Law for Florida on
Q: Can I relocate with my son?

My wife has sole legal and physical custody of her 8 year old son. In the final judgment there is no mention of any rules regarding relocation. Additionally the father has no court ordered visitation. The final judgment spells out that visitation is at Mother's discretion only. We are... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Dec 27, 2016

Generally speaking, you must comply with the statute and all it's requirements. The mere fact that he has visitation at mother's discretion, indicates that he has some rights. I would need to know a lot more, but it sounds like it should be pretty easy to get the court to allow this... View More

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