Laws are strict in N.J. about relocating but I have support family a job here and nothing in N.J. he is demanding visitation court agreed to it. I do not trust him with my son or want him in his life at all he never was around or a parent when we were there. My son is happier with him not here.... Read more »
Step one is to establish your residency in Florida. You will need to live here six months before you can take advantage of the Florida courts. Until then your fight is in NJ.
We only speak once every few years, everything is civil right now. I haven't brought up the subject of divorce ever, but I would like to finalize this. I am in a long term relationship and its not fair to my current partner that I'm still legally married. My wife and I have lived apart... Read more »
You can only file where you (or your spouse) have lived for more than six months. For you that is Florida. Regarding alimony, unless you have been sending her money throughout your separation, she has demonstrated that she can live without your financial help. That is an argument against alimony.... Read more »
No children neither of us has assets
As long as there are no minor children and no claim by either party for spousal support then you do not need to file the financial affidavit.
I want to find out if there any way around this. I wonder if the marriage certificate would still be on file. He never married again. I have 2 children with him. I'm not married now. I believe I would also be entitled to survivor benefits.
The answer to this question will not depend on Florida law. You should be able to contact a social security office and ask this question. If your marriage did not last ten years there may be nothing that you can do.
Good luck.
The family law forms are available for free online. The laws regarding family law are found in chapter 61 of the Florida Statutes (free online). And finally you can read the Florida Family Law Rules of Procedure, also free online.
As long as there are no children and no claim for alimony then you do not need to file a financial affidavit, which includes assets and liabilities.
Your starting point is the court that issued the order that you want to enforce. You also may need to consider where the property is located. Your best option is to speak with a local family lawyer to address the proper jurisdiction to enforce.
Concerning Florida marital property, if I have a business created prior to marriage, and during the marriage the business generates income and increases in value, and I keep that income in my separate premarital account and any proceeds from selling the business is put in my separate premarital... Read more »
Yes. Unless you had a prenuptial agreement, all of the income and appreciation during the marriage is subject to division. If you can prove the premarital portion, meaning the business value on the date of marriage, you can argue that that gets subtracted prior to division.
You should... Read more »
If you have never been to court for paternity then the mother has full custody rights. You should immediately file something in court if you are concerned about this going forward. The court (and the police) will look at your past behavior regarding sharing the child.
There is currently child support order in progress in Florida, yet I received a letter from Indiana child support about a child support order. I never got an order from Indiana. I live in Florida. I never received paperwork about an order. How can this be? I have sole custody of the children and he... Read more »
This is why parties are required to file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. You need to notify the Florida court of the Indiana action and he was obligated to notify Indiana of the Florida action.
She took her out of public online school and put her in a private online school and college program as well as bought her a computer without discussing with him to make a coparenting decision. Is he legally obligated to pay?
You need to read the parenting plan (or any other court order) that addresses expenses for the child that fall outside of child support. Common examples are uncovered medical expenses and extracurricular activities. Unless the order says that he has to pay, he is not responsible. Furthermore,... Read more »
Your financial affidavit does not have to be served with the summons but it must be filed with the court before you can get a hearing on your motion to modify.
Property is in her name, we do have a child. I contributed monthly expenses and put money into improvements that increased value of property.
The short answer is no. Legally you had no obligation to support or improve the property so you do not get credit for it.
My ex and I have already had an out-of-court agreement on child support. We get along and he pays regularly so is it mandatory that we file for child support (child support guidelines form) when getting divorced? Can't we just keep our agreement without involving the court and inturn not... Read more »
When there is a minor child involved each party must file a financial affidavit and the court will require a child support guidelines worksheet. You do not mention if your agreement is higher or lower than the guidelines. If the agreed amount is higher then there is no problem. If the agreed amount... Read more »
My current income is lower than I had in PR, I'm still paying to ASUME as if I was there and it's an amount that is hard to afford every month.
You need to apply for a modification in the court that is currently handling the child support order. If that is NJ then that is where you would file the modification.
My ex petitioned the court for time sharing at the end of Jan/Feb 2020 (to avoid child support in my opinion) in March of 2020 my husband and I petitioned the court for TPR and Step Parent adoption (Ex hasn’t seen child in 5 years and the child is 6yrs old) In Aug 2020 our petition was granted... Read more »
If the TPR and adoption have already been granted then you need to provide that final order to the court that is addressing the timesharing issue. You should speak with a local family lawyer to make sure that it is handled properly.
Also is there an opportunity to submit a request for my daughter to express her desire where to live.
You do not mention what the current legal status is. If you were never married then you either need to file an action for paternity or if that was done in the past then a petition for modification of timesharing. Florida recognizes timesharing so one way or another you are going to share the child... Read more »
I recently got a letter from the clerks office stating I was delinquent on payments. The reason they think I am delinquent is because I made direct payments to the other party that weren’t recorded with the clerk. I have copies of all the checks. I scheduled a hearing to sort it out. The lawyer I... Read more »
You need to notify your attorney in writing that you do not want his services. You cannot stop the attorney from appearing at the hearing but you can put them on notice that you are not paying for them to appear at the hearing. If you have a retainer agreement with the attorney you should read it... Read more »
Our settlement reads, "The Wife shall receive one-half of value of the 1,536 sick leave hours and 480 annual leave hours, with the value of such hours being determined at the time of payment, upon the earlier of Husband's retirement or his departure from the School District of Palm Beach... Read more »
The legal issue is how did you receive the vacation and sick pay. Did it come to you directly or did it go to an account that was then taxed. If the payout was taxed then former wife should be responsible for half the tax on that specific payout. Unfortunately the quote that you provided could be... Read more »
I got divorced 3 years ago.
The "final judgement" document that I have states, in relation to my house, that "the court reserves to all matters relating to the house equitable distribution, assets and debts
In Florida, a final judgment that "reserves" on a particular issue means that the court has not made a decision on that issue. So yes, you need to return to court to resolve the issue unless you can reach an agreement directly with your former spouse.
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