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
answered on Mar 21, 2024
You need to file a Motion to Enforce to notify the judge that an order has been violated. Then you need to request a hearing on that motion. Speak with a local family lawyer for more specific advice.
This is a newborn adoption that hasn't been finalized (TPR signed 15 days ago). It is still within the 90-day supervisory period.
Adoption was processed through an agency and is under FL adoption laws, but adoptive parents are from Minnesota.
Also of note, there is an error in... View More
I remarried in 2019 when my son, who lives with his mother in PR, was 12 years old. I live in Florida and I'm in perfect health but the question still arise. My son will be 18 this June and planning to go to college. I know that I need to pay child support most likely beyond him reaching 25... View More
answered on Mar 19, 2024
The child support obligation is yours alone (not new wife) and will terminate on your death.
answered on Mar 15, 2024
No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More
Grandson was taken by the dad because my daughter is dealing with mental health issues and now they won’t even let me see my grandbaby. It’s been almost three years. I’ve tried reaching out on social media but got no response. I don’t know what to do at this point. I at least want some type... View More
answered on Mar 15, 2024
If the child is in Louisiana, has been there for at least six months, and there is no court case involving him, in Florida or elsewhere, this is not a matter of Florida law. You need to contact an attorney licensed to practice law in Louisiana.
If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More
answered on Mar 13, 2024
I am sorry to hear what your parents are going through. However, your questions are not clear.
You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the... View More
About 5 years ago i got divorced, i payed for a QDRO to be made and for the assets to be split, the paperwork did went through the judge and my ex-spouse was suppose to file it to get the assets split and get the money. About a year and half i quit my job and when they asked me what to do about the... View More
answered on Mar 19, 2024
You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her... View More
On disability and only worked periodically. When he receives my income dies he have to claim that as income and pay taxes on it
answered on Mar 11, 2024
What do you mean by "when he receives my income?" Generally any income received is taxable. The exception in family law is if you are paying spousal support (alimony) with after tax dollars, meaning that you already paid taxes on those funds, then the receiver does not have to pay taxes... View More
Who enforces - local law enforcement or the Judge during a court case?
answered on Mar 11, 2024
Failure to pay child support is not a felony in Florida. It is generally not a crime at all. It is a matter in circuit civil court. Under certain circumstances you can be jailed for not paying but you must have the money available to pay prior to being jailed. Speak with a local family lawyer for... View More
answered on Mar 8, 2024
If you have a child support obligation then it can be enforced until it is paid, regardless of the age of the children. Regarding jail, there would have to be a motion for contempt and a finding that you have the ability to pay. You can only be jailed if you have "the keys to the cell."... View More
The reason for delaying changing her last name is that we live separately and won't be living together for at least 18 months.
We would be getting the marriage officiated in california.
She lives in California and I live in Florida.
Thank you in advance!
answered on Mar 14, 2024
Florida law does not impose a deadline or time limit for when she should change her last name after your marriage. If she becomes a resident of Florida and completes the name change, she has 30 days to update her Florida Driver's License with her new name.
To sum things up my wife made false domestic violence allegations against me with no evidence of abuse, the courts were sympathetic to her and now I haven’t seen my daughter in 3 years, I don’t have a lot of money, Iv had to start over from scratch, I just want to see my daughter.
answered on Mar 5, 2024
You need to return to court to ask for more time with your child. The child support and the timesharing are not directly related. File a motion explaining your reasons for wanting more time. Speak with a local family lawyer for more specific advice.
Because of a trial live in boyfriend of four months. That relationship ended after four months which was a year ago now. That ex only zelled money for rent inconsistently. Nothing else. My ex said he doesn't have to pay alimony any more because I was in a supportive relationship. I... View More
answered on Mar 4, 2024
You need to return to court on a motion for enforcement and contempt. Your brief supportive relationship by itself did not automatically alter the alimony obligation. You are still owed alimony and child support if that is what the current court order says. Unless and until there is a different... View More
I have my residential lease from company listing him as joint resident with me. I am divorced. Can I adopt him so he can stay and continue his education?
answered on Mar 4, 2024
Adopting your nephew, given his current situation of having overstayed his ESTA visa by a significant amount of time, involves navigating complex legal territory. It's crucial to understand that adoption laws vary by state and can be influenced by the specifics of the individual's... View More
Husband and I have one child together, married 14 years. Separated due to husband bad bipolar behavior. He took me off of health and dental insurance, without me knowing.
I need child support while Separated. What do I need to do?
answered on Mar 4, 2024
You can file a Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren). There is a free form available online12.904(a)(1) This addresses your specific situation where you are separated but not divorcing (at this time). Speak with a local family lawyer for... View More
I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More
answered on Feb 29, 2024
From what you’ve provided, it appears you are prior service Navy and were administratively discharged with something other than an Honorable characterization of service, causing you to be ineligible for certain veteran benefits.
If that is the case, you may be able to seek an upgrade of... View More
What are these forms? What do they mean?
answered on Feb 28, 2024
If the other party has failed to file or serve any documents within 20 days after the date of service of a spouse petition, he may ask the clerk of the circuit court to enter a default against you by filling out this form and filing it with the court. Generally, a default allows him to obtain an... View More
This divorce is time sensitive because other party will be moving out of country shortly, and i cant afford an attorney to help with the process
answered on Feb 27, 2024
If you cannot afford an attorney then you need to continue to follow the judge's instructions. Some counties have a self help area in the courthouse where you might be able to get some guidance. Otherwise, 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.