Family Law Questions & Answers

Q: Haven't seen my ex spouse since 2001 we have not lived together since 1998 I have not a clue where he lives

1 Answer | Asked in Family Law for Florida on
Answered on May 31, 2016

And what is your question?
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Q: How is the petitioner paid for retroactive child support?

1 Answer | Asked in Family Law for Florida on
Answered on May 31, 2016

It would depend upon what the payment plan provides. Normally, the obligor wouldn't have the ability to pay the full amount, so the plan should consider the obligor's ability to pay.

Also, the normal rule is that child support is only awarded from the time of the petition; retroactive CS from before that would not be awarded.
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Q: My husband and i had a dispute and seperated. Fl Police were called and hasn't returned. He actually left state.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Florida on
Answered on May 31, 2016

Can you be more specific? If one of you wants a divorce, you file for one. If there are children, or if there is property involved, those issues would be addressed.
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Q: Dad lives in Florida and son in NJ. In what state do I file for joint legal and physical custody.

1 Answer | Asked in Family Law for Florida on
Answered on May 31, 2016

You would file in New Jersey.
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Q: How to file Response to Motion to Dismiss?

1 Answer | Asked in Family Law for Virginia on
Answered on May 30, 2016

If you are trying to amend a current custody order, you have to file a Motion to Amend in the court that has jurisdiction over the case (which, depending on the underlying order, could be either Circuit or Juvenile & Domestic Relations District Court). If you have filed the wrong paperwork, the appropriate issue will not be on the court's docket, and it will likely be dismissed, possibly with an award of attorney's fees to the other party. The best course at this point would be to consult...
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Q: 23 y/o Male leaving household, father threatening to "take everything" from me, legally, what can he do?

1 Answer | Asked in Contracts and Family Law for Virginia on
Answered on May 30, 2016

It's unlikely that the father has a legal obligation to support a 23 year old child. If he really intends to initiate an expensive legal battle over ownership of the phone and other relatively low-cost items, you could have an argument that they were gifts, but that seems to be not worth anyone's time and money. If you decide to leave, be certain not to take items that are clearly not yours. If you are sued or charged with theft, contact an attorney for representation. You may want to meet...
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Q: Am I able to file a pro-se motion in Florida if Dept. of Rev. is enforcing current child support order?

1 Answer | Asked in Family Law for Florida on
Answered on May 30, 2016

Who told you that it could be extended for another year? This may, or may not be correct.

If the Department of Revenue has appeared in your behalf, technically you cannot file a motion unless the department first withdraws. But if the department has instead appeared in its own behalf, yes you should be able to file such a pro se motion.
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Q: Neither my wife or I have custody of our daughter do I need to include my daughter on the divorce forms?

1 Answer | Asked in Divorce and Family Law for New Jersey on
Answered on May 29, 2016

You should NEVER try to represent yourself in a divorce. Yes, your daughter has to be listed. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.
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Q: Hi,I was forced to leave my house one year back.Does my huband need my physical address to send divorce notice ?

1 Answer | Asked in Family Law for New Jersey on
Answered on May 29, 2016

Yes, he can obtain service by publication. You need to retain an attorney in NJ who has both immigration and matrimonial law experience. There are many options open to you. Don't put it off any longer, you need to retain counsel. Good luck.
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Q: i live in ga and the mother of my child wants child support. Can I use this for grounds to get joint custody?

1 Answer | Asked in Family Law for New Jersey on
Answered on May 29, 2016

Child support and custody have no relationship to each other. They are 2 separate issues. You will need to retain a NJ attorney to handle this matter for you. Good luck.
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Q: Looking for advice as far as custody and my wife having legal guardianship?

1 Answer | Asked in Family Law for Colorado on
Answered on May 29, 2016

From the sounds of it, you already have primary (and arguably sole) custody of the boy. What you are seeking is a legal document (from a judge/court) that affirms what is already occurring. I recommend that you petition for a custody hearing in Colorado. If you contact the mother before you file and try to remove any adversarial or judgment of the mother's inability to parent, you likely can petition for custody without unnecessary legal costs (lawyers) or bad feelings associated with a...
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Q: cs is through ohio divorce order. i now live in colorado my x lives in ky. do i switch my child support to where i live?

1 Answer | Asked in Family Law for Colorado on
Answered on May 28, 2016

You will need to eventually change it, but it is probably premature right now. This is not a difficult process (provided that the child support is only a simple transfer and not a modification). The only difficult issue that you have right now is jurisdiction (where to file). Your ex has probably not lived in KY long enough to qualify for him to be a resident of Kentucky (most states require 90-91 days in state). You may have difficulty transferring the child support until your ex terminates...
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Q: My grandparents are deceased. Are me and my siblings are entitled to my mom share through california intestate law

1 Answer | Asked in Education Law, Family Law and Probate for California on
Answered on May 28, 2016

Yes. Under the laws of intestacy, the first to take is the surviving spouse, if there isn't a surviving spouse, then the children take in equal shares. If a child is predeceased, then the children of that child take their share in equal parts.
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Q: Judge ordera wife to return with child. Wife served after court date. What can i do

1 Answer | Asked in Family Law for Florida on
Answered on May 28, 2016

You get her served with the order and then get the court to re-schedule the hearing.
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Q: I live in Fl & my cousin lives in Ga. She want to give me & my husb legal custody of her son child father is unknown

1 Answer | Asked in Family Law for Florida on
Answered on May 28, 2016

Whatever you question is, it concerns Georgia law, not Florida law. You need to talk to a Georgia family law attorney.
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Q: Can my lawyer respond to an email from my ex requesting to withdraw a motion to compel without consulting me first?

1 Answer | Asked in Family Law for Florida on
Answered on May 28, 2016

Unless your ex is represented by an attorney, yes your attorney can respond to the email. If you don't want your attorney to withdraw the motion (as requested in the email) tell your attorney ASAP that you don't want the motion withdrawn.
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Q: Is it possible to extend duration child support is paid from 18 to 19 years old in Colorado?

1 Answer | Asked in Family Law for Colorado on
Answered on May 27, 2016

First, I highly recommend that you consult with a lawyer. This is a technical matter and this is really beyond the scope of a pro se party's ability to self-litigate. Here is a general overview. Under WA law, child support ends at 18; under full faith and credit CO should follow WA law on this matter (cutting off at 18). EXCEPT, at present Colorado arguably has exclusive jurisdiction over: (1) you, (2) the children, and (3) the father. Under normal rules, this should mean that WA no longer has...
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Q: Can I get back child support from my stepson mother who after he moved in with his father and I she never reported it

1 Answer | Asked in Family Law for Virginia on
Answered on May 27, 2016

I'm not sure I'm reading this correctly - son lived with his father for 9 years, but father's pay was being garnished for child support the entire time? If that is the case, I'm not sure there's anything that can be done. The time to amend support and request it from the other parent was back when the child was a minor. Consult with a local attorney to review the specific facts of the case.
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Q: What expenses are presumed to be included in child support payments under Virginia law?

1 Answer | Asked in Family Law for Virginia on
Answered on May 27, 2016

Usually, the only expenses expressly added to child support that affect calculations are insurance costs, daycare costs, and the reimbursement provisions you stated. It is presumed that the child support calculation covers the other parent's share of basic needs for the child. Unfortunately, absent some agreement to the contrary or a showing of special need on the child's part, the other costs you indicate are generally not going to be ordered to be split. Speak with a local attorney to see...
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Q: My Godsons grandmother has come to an agreement to give us custody.Is there a fee or just signing of papers over

1 Answer | Asked in Family Law for Florida on
Answered on May 27, 2016

I really have no idea what you mean when you ask "Is there a fee or just signing of papers over [?]" A child is not a car or other item of personal property, so you wouldn't pay money in exchange for the grandmother "signing over" the child. If the agreement is in settlement of a lawsuit, it may provide for some payment of costs &/or attorney's fees, but not likely. There should be a written agreement.
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