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We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?
answered on Dec 17, 2024
If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More 
He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More
answered on Dec 6, 2024
The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More
My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More
answered on Nov 18, 2024
You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More
At this point in time we are in family court and as of yet I have not been ordered to pay child support. I am responsible for paying recurring expenses such as child care and medical expenses. She wants me to stop doing so and send her the money so that she may do so directly.
answered on Nov 15, 2024
You do not mention if there is a court order or not. If there is a court order then you should do what it says. If not, how ever you choose to provide money, make sure that you keep clear records of the date and how much you paid. Without a court order, you decide what and how to pay. Speak with a... View More
is my marriage legal even though I put Stewart instead of Evans because my name was going to be Evans anyway they had me put the former last name
answered on Nov 4, 2024
If your marriage license was executed by a proper officiant and filed with the clerk then you are legally married. Think about it like a typo. I am assuming that the remainder of the identifying information is correct. Moving forward you always have the option of going to court for a legal name... View More
from a joint account that their mortgage is taken out of each month, therefore making my son pay the mortgage. Is this legal? What can my son do? He alone does not make enough money for ALL expenses, and there are 3 children involved.
answered on Nov 4, 2024
Generally when a divorce is filed both parties are expected to maintain the financial status quo. That means that each party is expected to continue to pay the expenses that they traditionally paid. Until your son is in court for a divorce action he really does not have any recourse. Speak with a... View More
I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More
answered on Oct 9, 2024
The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50.... View More
I've been separated from my estranged husband since December 2023. I tried to get the divorce earlier in 2024 but he refused to sign the paperwork out of spite; I paid for everything and only wanted his signature. He is an angry, abusive, and hateful alcoholic. After receiving harassing and... View More
answered on Sep 30, 2024
If you have filed for divorce then you have been assigned a judge. Schedule a hearing with the judge and explain what is happening. You may need to file a motion. It can be handwritten explaining why you want the hearing. Judges have a judicial assistant who you may be able to call on the phone for... View More
answered on Sep 19, 2024
If your children have lived in NY for longer than six months then you need to file for timesharing in NY in the jurisdiction where the children live. If you were never married to the other parent and have never been to court then it would be a paternity case. Speak with a local family lawyer for... View More
I got married in Florida in July 2005 after knowing my exhusband for only three months. After we were married I learned he is a criminal, has mental issues, and he became very abusive. He spent the majority of our marriage in and out of Jail & mental hospitals. I left multiple times but he... View More
answered on Sep 12, 2024
You may want to hire a private investigator for this. If the divorce happened in Florida then you should be able to find a record of it. If it in fact never happened then you can file a divorce now. In the final judgment you will need to include that he has no legal rights to any of your property.... View More
My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.
I dismissed her because we weren’t in... View More
answered on Sep 6, 2024
Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More
Do you know if that can be done and how?
answered on Sep 6, 2024
As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.
I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More
answered on Sep 2, 2024
The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More
They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.
answered on Jun 24, 2024
You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More
The one who fathered the child has financially helped the Mother and child since birth. He has been getting her alternate weekends and a few hours every Tuesday and Thursday since she has been able to walk. She is mad at the father at the present and is withholding the child.
answered on Jun 17, 2024
Legally, the man that the woman was married to at the time of the birth is the "legal father." This can be changed but you must take the mother to court on a paternity/ disestablishment of paternity case. You will need to include the man that she is/was married to in the lawsuit. Speak... View More
Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More
answered on Jun 16, 2024
The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.
I have a time sharing custudy agreement. I also have residential custody of my son that is based out of his mother living in Pennsylvania but she hasn't lived there in years and now resides on the east coast of Florida. Nothing has been changed in the courts on her end. I also live in... View More
answered on Jun 16, 2024
Both of you are bound by whatever it says in your parenting plan. If you want to change the plan then you need to go back to court for a modification. As long as you are both following the parenting plan you can each live wherever you choose. Speak with a local family lawyer for more specific... View More
Brief overview:
* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county
* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.
* She filed a counter petition... View More
answered on Jun 6, 2024
This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally... View More
I have a custody case now open and the father of the child will not abide by the court orders as far as parenting plan given from different state. Case was thrown out because of jurisdiction and is now open here in state of FL. What is the next steps so I can get 50/50 here in FL as the case is at... View More
answered on Jun 6, 2024
You are always able to request a case management conference (status conference) with the judge. Look online for your judge's division procedures and there should be instructions for scheduling. Speak with a local family lawyer for more specific advice.
My daughter lives with me and sees her father every other weekend and he has never paid child support. I want to move to Alabama so my daughter can grow up with her cousins since we have no family here. Getting a job wouldn’t be an issue and we could stay with family until finding a place to... View More
answered on Jun 5, 2024
If you are still married then you both have equal rights over the child. Technically you can move without his permission; however, if he goes to the court you could be ordered to return. The better path is to either reach an agreement with him or go to court with a divorce/ relocation case. Speak... View More
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