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He’s a narcissist and am fearful of being alone.
I have to pack and will need assistance from my son
He can keep the furniture but would like half of the $
answered on Jun 3, 2024
You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.
Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More
answered on May 31, 2024
You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.
We split our baby’s expenses half and half and I was wondering if a portion (half of the baby’s room) should be included in the monthly expenses we’re both responsible for. Thank you
answered on May 31, 2024
Child support is a specific amount paid based on the parent's incomes based on a formula in the law. Once chid support is paid the recipient can use it for whatever they want. It is not tied to any specific expens (like rent). Speak with a local family lawyer for more specific advice.
answered on May 31, 2024
In Florida, assuming that you are not married, it is the mother who starts with all custodial rights. Once you go to court for a paternity case then through shared parental responsibility both parents can make decisions as long as they are in agreement. If you are in agreement with the... View More
Marriied in the usa and at a catholic church overseas. marriage recorded in the foreign country.
if i divorce in the foreign country will i be also divorced in the united states
answered on May 30, 2024
As long as the overseas divorce is legal where it takes place then the US will also recognize the divorce. Make sure that you notify the other party of the proceedings. If your intention is to divorce without your spouse being aware of the proceedings then that can create a problem. Speak with a... View More
answered on May 27, 2024
You need to read the court order that awarded you custody. It may or may not allow you to obtain a passport without the other parent's consent. If it does not then you must either have the other parent sign the appropriate form or get a court order that gives you authority. Speak with a local... View More
and he wants weekend visiting but he is a stranger to my youngest granddaughter he spent most of her life denying he was her father. My oldest granddaughter is 9 and remember him choking her momma and all the fighting. We have taken them to have an assessment with a therapist and they are on a... View More
answered on May 23, 2024
You need to seek guidance from the court. Is there a court order that makes you the caregiver? Is there a court order that defines the father's rights? If not then you need to get one. You will not be able to exclude the father from the children's life but the court will make sure that... View More
answered on May 22, 2024
You can dismiss your attorney at any time; however, there is no guarantee that the trial will be continued for that reason. So either have another attorney ready for the trial or be prepared to conduct the trial yourself. Speak with a local family lawyer for more specific advice.
In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More
answered on May 18, 2024
What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.
My husband was divorced 17 years ago and in the divorce decree they were to equally split the marital portion of his 401k through a QDRO. He has contacted his plan administrator and received their QDRO form and it looks self explanatory. My question is does he calculate the percentage to file... View More
answered on May 16, 2024
That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.
I do hair on and off at home would I list down as self employment but also submit a letter explaining unemployment?
answered on May 16, 2024
Yes. Just be honest. You create issues by hiding things or telling half truths. Legally you are going to be imputed minimum wage. You cannot hurt yourself by being honest. Speak with a local family lawyer for more specific advice.
I would like to seek legal action for the purpose of reimbursement of an overpayment related to QRDO order.
answered on May 15, 2024
You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how... View More
answered on May 14, 2024
In Florida, shared parental responsibility means discussing major decisions like health and education. If you have a parenting plan there is a separate section that addresses traveling. Generally, as long as it is his timesharing and he has informed you about the travel he should be able to go.... View More
This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.
answered on May 9, 2024
I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More
my case was established in 1996, the amount ordered was and is above my means, this was never based on my income or anything because I foolishly signed a paper from my ex. At the time I was a waitress making $2.01 an hour with a eight grade education. In the past before modern day tech I was... View More
answered on May 7, 2024
You need to file a motion with the last court that handled the child support order asking to modify or terminate the obligation. Based on your question that appears to be Mississippi. It would also help if the other parent is willing to cooperate with you and say that they are no longer asking for... View More
answered on May 2, 2024
You need to return to the court that issued the order and file a motion for enforcement and contempt. The remedy will either be to file an amended tax return for the current year or allow you to claim both children the following year. If you just file your return claiming a child that has already... View More
I filed a motion for summary judgment on my petition and when I asked for hearing time for the motion, the judge instead issued an order for trial and ignored my request for hearing time. I believe that per rule 12.510 and rule 1.510 and rule 56 that the opposing party must respond and the judge... View More
answered on Apr 3, 2024
Family cases are a little different than regular civil cases. At the trial you can argue your summary judgment motion; however, the judge will probably consider your arguments together with everything else that is presented at the trial. Speak with a local family lawyer for more specific advice.
Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More
answered on Mar 29, 2024
The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More
answered on Mar 25, 2024
As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More
My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.
answered on Mar 22, 2024
If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More
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