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We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More 
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answered on Aug 7, 2023
If your final judgment says that alimony was waived then that cannot be undone. Child support, on the other hand, is modifiable until the children emancipate. She could return to court to recalculate child support based on your new income. Speak with a local family lawyer for more specific advice.
I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More
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answered on Jul 17, 2023
Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More
We have agreed to use post office which is between both of our homes. We cannot do parent and he harasses me daily. Now he wants to show up at my house.
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answered on Jul 17, 2023
Step one is to read your court order (parenting plan). That is what governs your case if it says something different. Otherwise you would need to return to court to modify the exchange location. The fact that you have been using the same location for the past two years should work in your favor.... View More
I am the petitioner and I have petitioned the court to establish paternity and other related relief, however, the father has hired an attorney (I am pro se) and the father wants time-sharing and has declared to be the Father but I want a paternity first. I don't know what form to file to... View More
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answered on Jul 15, 2023
If it was not in your initial pleading, file a motion for DNA testing. If you filed saying that he is the father and his answer admits that he is the father then paternity is established. You can ask the court for a partial final judgment of paternity. Speak with a local family attorney for more... View More
Childs father may have been deported back to Haiti from florida
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answered on Jul 14, 2023
A Florida child support order is enforceable on the father wherever he is. However, you would need to engage a lawyer in Haiti to pursue the father and answer the legal issue of whether it can be legally enforced in Haiti. In Florida, the child support owed would accrue like any other debt. The... View More
Which forms i need to do it? i was checking prices from a lawyer and they charge me more than 5000, i don't have that money. my ex give me the full custody but i need domesticate in florida, so i can have here too.
thank you
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answered on Jul 14, 2023
Yes, you can do it yourself. The first step is to get the Brazilian equivalent of a certified copy of the court order. You would also need to have it translated. Once you have the translated certified copy you can file it with your local court. Speak with a local family lawyer for more specific... View More
The court awarded my request for supervised visitation and my ex-wife's visitation time (every other weekend) is supposed to be spent at her mother's house and under her mother's supervision. My ex-wife is arguing that she is still allowed to pick up/transport the children on her own... View More
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answered on Jul 11, 2023
You have included several issues in your question. The short answer is that she must follow the court orders, as written. If the two of you do not agree on what the court orders mean then you must return to court for clarification. Since timesharing is modifiable until the children emancipate,... View More
Marital Settlement Agreement and Petition for Dissolution both listed $750/month child support per child (2 children), $1500 total/mo. This was agreed upon by both parties, and was greater than the amount calculated in the state monthly payment guidelines calculator (approx $900/mo).
The... View More
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answered on Jul 10, 2023
The marital settlement agreement, once signed, is a binding contract between the parties. It remains in force until a party moves to modify it. Statements in the final judgment do not generally change the marital settlement agreement. You need to show your documents to a local family lawyer for a... View More
Marital Settlement Agreement and Petition for Dissolution both listed $1000/month alimony, voluntarily paid by petitioner for 10 years. The Final Judgement states that "its in the best interest of the children that the parents comply with the MSA filed herein".... and then a few lines... View More
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answered on Jul 10, 2023
A marital settlement agreement, once signed, is a binding contract between the parties. A sentence in the final judgment does not modify the marital settlement agreement. Presumably the marital settlement agreement was filed with the court, and as you stated, the parties were ordered to comply with... View More
Schedule. I don’t mind that he moved but there was no communication about this and now he requested less days with her. And I am still receiving the same amount of money from him.
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answered on Jul 10, 2023
Child support is modifiable until the child emancipates. If you agree to the new schedule then you should get it in writing. You can either agree on a new child support number or return to court for a modification based on the new schedule and your current incomes. Speak with a local family lawyer... View More
I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida and I need full custody of her here too, how can I proceed in this case? he was deported for domestic violence
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answered on Jul 10, 2023
If you have a Brazilian court order then you can domesticate that order here in Florida. You will need a certified copy and it will need to be translated. Because it is international you may need an Apostille. Speak with a local family lawyer that deals with international family matters for more... View More
I filed for dissolution of marriage with a minor child recently. the respondent didn't reply in the 20 day summons deadline. i was issues a default and got a magistrate court date in September. he eventually submitted a reply that was completely inaccurate after the default. I was told to... View More
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answered on Jul 6, 2023
You do not mention what type of hearing has been scheduled. If it is a final hearing then you need to submit whatever evidence you intend to rely on to support your case. Evidence submitted in advance is generally documentary. The other way that you prove your case is with testimony from witnesses.... View More
my brother was supposed to pay the light bill and i pay the lease to own of said property @ $300 then we both pay the property taxes. well he got a settlement and moved out of property well the property is in both of our names he has not put no money in property, i have put new windows removed all... View More
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answered on Jun 10, 2023
This answer is based on Florida law and assumes that your property is in Florida. You can file a lawsuit called Partition which will end one of three ways. 1, you keep the property and buy your brother out. 2. your brother keeps the property and buys you out. 3. the property is sold and the two of... View More
I also do not if my child is going to college. He is 21 years old, plus he no longer lives with his parent. Do I still have obligation to pay monthly child support?
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answered on Jun 4, 2023
The first thing that you need to do is look at your current child support order. Any modifications will need to be in the court that issued the order. If the order is from PR then you need to contact an attorney there. In Florida, child support ends at 18. For a modification in Florida (reduction)... View More
My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... View More
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answered on Jun 2, 2023
Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... View More
Fl he owns multiple businesses. What steps can I take to get him served
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answered on May 31, 2023
You can provide any and all information that you know about where he can be located. If you can afford it, hire a private investigator. Speak with a local family lawyer for more specific advice.
This is a family law case where Petitioner is seeking visitation and child support review. Petitioner has yet to send financial affidavit. I sent mine to him only for it to be returned to me because petitioner moved and has not provided respondent with updated address as required by court of law.... View More
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answered on May 31, 2023
Your financial affidavit should be filed with the clerk of court, with a copy to Petitioner at the address on the pleadings that were filed. It is possible that you can move for a dismissal based on Petitioner's failure to pursue the matter. Speak with a local family lawyer for more specific advice.
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answered on May 31, 2023
Normally an engagement ring is considered a gift to the wife and is her separate property. There are other factors that may change that so you should speak with a local family lawyer for more specific advice.
Also what happens if the notary did not check either "personally know to me" or "produced identification" and neglected to mark the type of identification on the edited document?
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answered on May 22, 2023
A marital settlement agreement is a contract between the parties. It cannot be changed unless both parties sign off on the change. Amendments to a marital settlement agreement are not directly related to whether there is a counter petition or not. The missing notary check mark is probably not... View More
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
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answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... View More
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