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I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More 
answered on Mar 18, 2025
The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the... View More
I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form... View More
answered on Mar 18, 2025
If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More
I'm 18 years old and unintentionally signed a lease under pressure from my mother, which starts on March 28th. I cannot afford it, and now I'm seeking to remove my name from it swiftly. The landlord is aware, and I've considered legal advice. My mother insists that my 16-year-old... View More
answered on Mar 17, 2025
You are asking two separate questions, legally.
You have no legal responsibility to house your younger brother.
Regarding the lease, tell the landlord that you are canceling. Do not take possession of the property. You may lose any deposit that may have been made. Speak with a local... View More
I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More
answered on Mar 13, 2025
There is a law that prohibits relocation more than 50 miles, Statute 61.13001
Here is the link:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html
Speak with a local family lawyer for more specific advice.
My fiancé's ex-wife is threatening that my mother should not be around my son because she cursed at the ex, even though my mother never curses around my son or directs anything harmful towards him. There are no legal orders or custody agreements relevant to this issue. My mother babysits my... View More
answered on Mar 5, 2025
Probably not. There is definitely no law that says that. There would have to be a motion filed with the court and proof brought forward at a hearing to show that your mother babysitting is not in the best interests of the child. Speak with a local family lawyer for more specific advice.
I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More
answered on Mar 5, 2025
If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More
I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there... View More
answered on Mar 5, 2025
The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a... View More
I was divorced by mutual agreement in October 2023 and agreed to pay alimony for three years. I am also responsible for all marital debt since I signed all the loans, including a $10,000 consolidation loan, resulting in an extra $150 monthly payment. The alimony agreement doesn't specify... View More
answered on Mar 3, 2025
Generally speaking, alimony os modifiable unless your agreement says otherwise. Yes, you can file a modification without an attorney. You need to compare the income numbers that were used to calculate the original alimony award versus what the income numbers are now to see if you have a valid... View More
In 2007, my parents used a quit claim deed for $10 to add my name to their house to allow me to obtain builder permits for construction. I have no financial investment in the property. I'm now going through a divorce after being married for 27 years. My name was added to the house deed 10... View More
answered on Feb 27, 2025
First, it is too late to remove your name now. Second, what is more important is whether you have invested any money in the house during the time that your name was on the deed. Your name on the deed, by itself, does not make the property something for the court to consider. Depending on how it is... View More
I have an existing court order for spouse support in Pennsylvania. I am planning to move to Florida, and my spouse is already living in Tampa, FL. How can I transfer the spouse support order from Pennsylvania to Florida?
answered on Feb 26, 2025
Unless you are having problems getting the payments there is no reason to transfer anything. In the future if you need to go to court in Florida to enforce the order then you will need to file a copy of the original support order from Pennsylvania. Speak with a local family lawyer for more specific... View More
I want to know where should I start and how the process would be with two houses under our marriage and two small children
answered on Feb 26, 2025
Generally speaking, all of your marital assets and liabilities will be divided in half, including the houses. Regarding the children, you will enter into a parenting plan which will define all rights and responsibilities regarding the children. If you have been married long enough you can ask for... View More
I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More
answered on Feb 25, 2025
While there is a legal limit on how much they can garnish per pay period, you probably cannot get an exemption. You would need to speak directly with the attorney that is pursuing the wage garnishment to see if you can work something out. Speak with a debt defense lawyer for more specific advice.
My husband wants to file for 50/50 custody of his 3-year-old son, but he is concerned about a recent felony conviction for domestic violence in January 2025. There are concerns about the child's well-being when in the mother's care, as she suffers from seizures and has left the child... View More
answered on Feb 23, 2025
The legal standard is what is in the best interest of the child. The felony is a factor just like the other parent’s issues are. The court has to consider everything together. Try to make a list of all the good parenting factors on your side. Speak with a local family lawyer for more specific... View More
I am seeking guidance on executing the required paperwork and court filings for an amicable, peaceful divorce in Florida after 27.5 years of marriage. There are no children involved, and my spouse and I have agreed on all terms, including a detailed settlement covering all marital assets. We have... View More
answered on Feb 21, 2025
All of the necessary forms are available online for free... View More
What is the likely outcome of a temporary hearing in Florida when Parent A is requesting 50/50 custody of a 5-month-old infant? The infant currently lives 5 hours away from Parent A due to the other parent's recent move, which happened right before Parent A filed to establish paternity. The... View More
answered on Feb 17, 2025
There are a lot of "what ifs" in your question. The starting point for timesharing is 50/50. You do not provide the reason for the move. Was it for a legitimate reason or just to put distance between the parties. Obviously 50/50 timesharing for an infant with the parents living 5 hours... View More
I recently lost my alimony in Sept. 2024 due to my ex husband having a stroke but he is still alive but no longer employed. I received a letter from my ex's employer stating that I would no longer be getting any more payments.I contacted my original attorney immediately to file a "Motion... View More
answered on Jan 17, 2025
The real issue that your are facing regarding contempt is that your ex did not have a stroke on purpose. Technically he (or his attorney) should file a motion for modification of the alimony based on his health condition. I can't comment on the work or timing of another attorney. At the very... View More
Original time sharing case was set up in Brevard county, since both parents now live in Levy county. Order states mother has primary custody and father has visitation. As of October last year oldest child requested to live with his dad full time and visit mom. Mom agreed. We would like to get this... View More
answered on Jan 15, 2025
Whatever you do, first put your new agreement in writing. You can then file the agreement in the court where you both currently live and include a copy of the final judgment from Brevard. You will also need a current UCCJEA affidavit which details where oyu both live now. This form is available... View More
Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More
answered on Jan 9, 2025
You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More
A non-custodial parent moved after separation to Texas after the other custodial parent decided to move with the child to Orlando (both lived in Miami). A dissolution of marriage started after that and 1 year later this dissolution was done with a parenting plan. In this parenting plan the... View More
answered on Jan 9, 2025
The starting point for this question is to read your parenting plan. That is the law of your case. Technically a parent can move anywhere as long as they notify the other parent of their new address. Relocation comes in if the parent is trying to change the child's school or timesharing... View More
My case was opened in 2023, and my children have been removed from the home. My daughter is living with her maternal grandparents, and my son is in foster care. Since the DCF case was opened my husband and I have been dealing with homelessness, and lack of income. My husband has been completing all... View More
answered on Jan 6, 2025
The question that you need to decide is are you opposing the TPR. You can move wherever you choose so long as you are complying with any court orders issued. If there is a court order that says you cannot move then you need to return to court to get permission. Speak with a local family lawyer for... View More
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