You do not mention whether you have been to court or not. If you have never been to court then you can file a paternity case (assuming that you are not married). Through the court process you will get a parenting plan which specifies what time belongs to each parent. Then if she obstructs your time...Read more »
Me and my ex girlfriend broke up several months ago. I have a new girlfriend and my ex girlfriend does not want our son to be around my new girlfriend. Yesterday, my ex girlfriend and her mom came to my house to drop my son off to me. Her mom physically and verbally assaulted me. I called the... Read more »
Conditions in a restraining order (injunction) are up to the judge. If an injunction is issued against a person who shares a child with you then the injunction terms should reference access to the child. Speak with a local family lawyer for more specific advice.
Generally, if both of your names are on the title one party cannot simply remove the other party. You need to look carefully at the title. If you have the registration it should show both of your names. If it does not you need to look further. Ultimately you may need to go to court to resolve this...Read more »
now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?
You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject...Read more »
My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... Read more »
Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for...Read more »
To be heard in court on any issue you need to file a motion and request a hearing. If a hearing is already scheduled you need to be sure that your issue is noticed to be heard at the hearing. Seeing the judge in chambers as opposed to in the courtroom is at the discretion of the judge. Once you...Read more »
Can I remove the dads wife from the pick up list on the daycare; and only father and mother can pick up child until the case has been closed and there is a parenting plan in effect? Please help! Thanks!
Normally you are expected to maintain the status quo, meaning that you should not make changes. If you have a legitimate concern regarding the dad's wife that you can explain to the court then perhaps you can make the change. However, if you do not, this change could be held against you as...Read more »
This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take...Read more »
Child support is modifiable, up or down, until the children turn 18. You can change your income as long as you have a valid reason and it the change in income is reasonable. For example, you can't quit your $100K job to take a minimum wage job. Speak with a local family lawyer for more...Read more »
If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf....Read more »
My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... Read more »
Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning....Read more »
You need to file a motion to reinstate your DL. You may need to explain to the judge that you need to drive to work. The court wants you to pay your child support. Speak with a local family lawyer for more specific advice.
The paralegal emailed me two months ago that she was going to get approval to file a motion. Nothing was filed. No response to several follow up emails sent, and I left a voicemail almost two weeks ago, no response. Then I emailed the actual attorney informing them of all of the emails and the... Read more »
My best friend is in an abusive house hold and he is 18 turns 19 in September his father absolutely will not agree because he needs someone to babysit his younger brother. His father is an alcoholic and his mother is a drug addict who doesn’t have rights to the kids. His father had put him... Read more »
I had to call the police and they took him to a hotel until he was sober. He will not come back home and will not talk with me about anything. All our bills including his own come out of my accounts. He even has one of the cars which my name is on and comes out of my account. He is not sending... Read more »
You may file for divorce, where you can ask the court to order your husband to pay certain bills as well as alimony and child support, or you may file a motion for temporary relief, which can include temporary alimony and child support and an order for your husband to pay certain bills while the...Read more »
If you are not married then you, as the mother, already have 100% control of the child. If you want something formal and legal then you need to file a petition for paternity. Through that process you will get a parenting plan which is a written agreement between the parents regarding all rights and...Read more »
The child support calculation takes into account each parent's income as well as the overnights with each parent. There is a sliding scale adjustment as you get closer to 50/50 but that does not mean that there is no child support due. Speak with a local family lawyer for more specific advice.
I hadn’t even started my first job at the time so how was the amount calculated? My mom passed away when I was a child and my dad passed away when I was 18 six weeks before the birth of my second daughter with my now wife which is around the time I was put on child support and because of the... Read more »
You have asked several different questions and should probably look for a free consultation with a local family lawyer. Regarding income, a person with no job is generally imputed minimum wage. This means that the court assumes that you are earning at minimum wage, even if you are not. Regarding...Read more »
The father has the child and pays $2.00 monthly per court order. the father reopened the case, which is pending Mediation, can he go to Depart of Revenue Child support program and have them put on new case for child support from the mother if there's already a judge court order for him to pay... Read more »
If the Department of Revenue has started a separate case you may need to ask the court to consolidate the cases. Whichever case began first would normally take precedence. You do not need to litigate child support in two separate cases. Speak with a local family lawyer for more specific advice.
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