I filed a motion to modify parenting plan. It’s been 20 days and the only thing the other party filed was a notice of appearance that said an attorney will represent her in this case. Does that qualify as an answer or can I file motion for default?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2023
A motion to modify does not automatically require an Answer. You will not get a clerk's default since a notice of appearance was filed. You can schedule your modification for hearing and bring up the lack of a response to the judge but you will still need to prove your case (no default). Speak... View More 
Husband owner his own business and never wanted wife to work. Hes now withholding money to basically control her.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More
House value 185k, home paid off by insurance company 5 years later.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
This is not a simple calculation. You can probably recover your non-marital down payment but the remaining equity would probably be divided in half as marital. One or both names on the deed does not change the legal analysis in a divorce. Speak with a local family lawyer for more specific advice.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
You need to read your settlement agreement carefully. Alimony can be modifiable or non-modifiable. Alimony is based on your financial need and the other party's financial ability to pay. If your alimony is non-modifiable then there should be no problem. However, if it is modifiable then your... View More
I want to modify my child support because I’m not making nearly as much as I once was. The other side said they’re going to request my bank statements. I occasionally have family send me money through it when I can’t afford things, will that affect it? I’m struggling to pay the amount... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023
Child support is based on your income, which you can prove with pay stubs if you are a W-2 employee. As long as the loans from your family are not regular (emergency only) then they should not count towards your income. However, you may have to show the bank statements to prove that. Speak with a... View More
I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More
I live in Texas and my daughter lives in Florida. Long story short, before moving to TX I did not see my daughter for 8 months because the mother decided she wanted to stop coming to court ordered custody exchanges. The judge did not take that lightly and she was found in contempt and the judge... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
You do not mention if you have ever been to court regarding the child. If there is an existing court case in Florida then you can file a motion for electronic communication with the child. If there is no court case then you must file a petition for paternity (assuming that you are not married).... View More
Do we get 50/50 or how does it work
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023
The court will order timesharing that is in the best interests of the child. If you are both capable parents and are able to care for the child then you can pursue 50/50. It may be a little different with an infant because frequency of contact is more important than length of time. Speak with a... View More
Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023
The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the... View More
I'm disabled and the ex-wife was ordered to divide the pension 50/50. She knows I need to retain an attorney in another matter and is deliberately delaying releasing the money until I lose my case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023
A well drafted agreement or order should have a deadline for payment. A delayed payment is not 'Illegal" but depending on when it was due, you can file a motion for enforcement and contempt. Speak with a local family lawyer for more specific advice.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023
You do not say why it was moved. Presumably the other party lives in Georgia now. If you want to pursue further legal action on that case it will be in Georgia unless you have a legal reason to move it elsewhere. Speak with a local family lawyer for more specific advice.
My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023
It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.
My son's girlfriend took their three-year-old to New Jersey for 2 years against my son's wishes. She would not send pictures or facetime. My son did not have the money to fight it in court. She put him in an abusive home and called my son to come get him because she could not take care... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023
Legally, until your son goes to court the mother has all of the legal rights regarding the child. He can file a paternity case in Florida, however the court may not rule on custody until the child has lived here for six months. Multi-state family cases can be complex so speak with a local family... View More
I am a full time single mom and the dad doesn’t help do anything but “FaceTimes”, we are married and I am looking to move to increase income. There’s no custody order or anything regarding the court. I’m not ready for a divorce until I’m financially set. Can I move out of Florida though... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023
Yes you can move; however, if your husband files for divorce here it is possible that you would be ordered to return. The better course is to tell him what you are doing and why. Regarding filing elsewhere, most states require that you live there six months before you can file for divorce. Speak... View More
The principal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023
For equitable distribution, you would subtract the outstanding mortgage balance (the payoff amount) from the fair market value (or selling price) of the house to calculate the equity. The starting point then is to divide that number in half. Speak with a local family lawyer for more specific advice.
I need to establish paternity with the other man and seek child support because my husband was automatically put on her birth certificate
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
Your husband is the "legal" father and is responsible for child support unless the other father comes forward voluntarily. At that point you cold file a petition to disestablish paternity and switch the responsibility from your husband, the "legal" father, to the biological... View More
My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.
Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023
Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More
My sons stays with me (his mother) I took him to stay with his dad for 2 weeks he was supposed to come back but it has been a month and his father will not send him back to me because I won’t let him get food stamps for my child because he stays with me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023
If you have a court document that says the time is yours then go get the child. If the father refuses you can return to court to enforce the agreement. Although it is a last resort, you can also try to get the police involved. Speak with a local family lawyer for more specific advice.
My child was born in Colorado, but my primary residence is Florida where the child and I live. Does the resident state laws apply or does the birth state laws apply to custody?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023
In Florida, the mother is in control until the father goes to court. You do not mention how long you have lived in Florida or how old the child is. If you and the child have been living in Florida for more than six months then any legal action (like a paternity suit) would have to be in Florida.... View More
Home in his name only. Do not trust him!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2023
As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
