He has since transferred the title into his name which leave me without transportation
answered on Feb 2, 2023
Generally, if both of your names are on the title one party cannot simply remove the other party. You need to look carefully at the title. If you have the registration it should show both of your names. If it does not you need to look further. Ultimately you may need to go to court to resolve this... Read more »
now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?
answered on Feb 1, 2023
You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject... Read more »
My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... Read more »
answered on Jan 31, 2023
Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for... Read more »
Will the judge listen or is there anyone else I need to go to .. Pasco county Florida
answered on Jan 31, 2023
To be heard in court on any issue you need to file a motion and request a hearing. If a hearing is already scheduled you need to be sure that your issue is noticed to be heard at the hearing. Seeing the judge in chambers as opposed to in the courtroom is at the discretion of the judge. Once you... Read more »
Can I remove the dads wife from the pick up list on the daycare; and only father and mother can pick up child until the case has been closed and there is a parenting plan in effect? Please help! Thanks!
answered on Jan 30, 2023
Normally you are expected to maintain the status quo, meaning that you should not make changes. If you have a legitimate concern regarding the dad's wife that you can explain to the court then perhaps you can make the change. However, if you do not, this change could be held against you as... Read more »
4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)
They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... Read more »
answered on Jan 30, 2023
This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... Read more »
The new job will be less money. Would that warrant a change in child support?
answered on Jan 24, 2023
Child support is modifiable, up or down, until the children turn 18. You can change your income as long as you have a valid reason and it the change in income is reasonable. For example, you can't quit your $100K job to take a minimum wage job. Speak with a local family lawyer for more... Read more »
What is the process if I am unable to pay the spousal agreement? Does he get a judgment, like a creditor would, and go from there or would the court somehow be involved with enforcing it even though it was not court ordered, just filed with the courts as a divorce agreement.
answered on Jan 18, 2023
First, the agreement will be interpreted according to California law. In Florida, the first step would be to go to court on an enforcement action. In an enforcement action a possible remedy is a judgment. You should tale the written agreement and speak with a local family lawyer for more specific... Read more »
I had sign assets division but made a mistake and got much less than her! Could I legally ask to get some compensation from her?
answered on Jan 18, 2023
If you signed an agreement and eleven years has passed it is unlikely that you can change anything. Take the agreement and speak with a local family lawyer for more specific advice.
My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... Read more »
answered on Jan 18, 2023
Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... Read more »
I need it in order to get a job that pays decently.
answered on Jan 17, 2023
You need to file a motion to reinstate your DL. You may need to explain to the judge that you need to drive to work. The court wants you to pay your child support. Speak with a local family lawyer for more specific advice.
My sons father keeps him from me when he gets mad. This past time is because I forgot to text him. I just want legal paper on when each of us had our time with him.
answered on Jan 11, 2023
If you are not married then you, as the mother, already have 100% control of the child. If you want something formal and legal then you need to file a petition for paternity. Through that process you will get a parenting plan which is a written agreement between the parents regarding all rights and... Read more »
answered on Jan 6, 2023
The child support calculation takes into account each parent's income as well as the overnights with each parent. There is a sliding scale adjustment as you get closer to 50/50 but that does not mean that there is no child support due. Speak with a local family lawyer for more specific advice.
I hadn’t even started my first job at the time so how was the amount calculated? My mom passed away when I was a child and my dad passed away when I was 18 six weeks before the birth of my second daughter with my now wife which is around the time I was put on child support and because of the... Read more »
answered on Jan 6, 2023
You have asked several different questions and should probably look for a free consultation with a local family lawyer. Regarding income, a person with no job is generally imputed minimum wage. This means that the court assumes that you are earning at minimum wage, even if you are not. Regarding... Read more »
The father has the child and pays $2.00 monthly per court order. the father reopened the case, which is pending Mediation, can he go to Depart of Revenue Child support program and have them put on new case for child support from the mother if there's already a judge court order for him to pay... Read more »
answered on Jan 3, 2023
If the Department of Revenue has started a separate case you may need to ask the court to consolidate the cases. Whichever case began first would normally take precedence. You do not need to litigate child support in two separate cases. Speak with a local family lawyer for more specific advice.
So my mother in law and father in law put down 85,000$ on our house well there daughter is on the deed not the mortgage there salty bc when stuff went south I stopped paying the mortgage when I found she was cheating on me now I’m being threatened with eviction
answered on Dec 30, 2022
You do not mention if you are in divorce court. Once a divorce is filed you gain certain protections from the court incident to the divorce. Since your wife's name is on the deed and you are currently married you have a marital interest in the house. This is different than being evicted. Do... Read more »
I meant to say take out a mortgage to pay alimony
answered on Dec 29, 2022
Alimony is based on and should be paid from your income, not your assets. If you cannot afford your alimony obligation with your income then you need to return to court for a modification. Paying off your house presumably will reduce your monthly expenses which if anything should give you more... Read more »
I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... Read more »
answered on Dec 28, 2022
There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.
I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. I am worried about divorce. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay alimony... Read more »
answered on Dec 28, 2022
As far as the family court is concerned you will not have an alimony obligation because it is a short term marriage. You may want to consult with an immigration attorney to confirm whether you have any support liability there.
I'm trying to get my name changed and the hearing is scheduled, but I've been asked to file a Notice of Hearing and send a copy to the Judicial office.
answered on Dec 15, 2022
You need to file the notice of hearing with the clerk of court. You do not need to address it or send it to anyone else.
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