Florida Questions & Answers by Practice Area
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Florida Questions & Answers
Q: My question has to do with a child support issue. I live in FL, but initial child support case was started in MI.
Terrence H Thorgaard's answer
1: Ask the Florida Dept. of Revenue to re-open the case with the new address information. Or contact the New Mexico child support agency.
2: How do you know how his girlfriend files her taxes?
3: Correct.
1: Ask the Florida Dept. of Revenue to re-open the case with the new address information. Or contact the New Mexico child support agency.
2: How do you know how his girlfriend files her taxes?
3: Correct.
Q: How long does it take for a US citizen mother to file for her unmarried son over age 21?
Carl Shusterman's answer
It depends on her son's country of birth: For most countries, the waiting time is over 7 years. For a son born in the Philippines, it is over 12 years and for Mexico, it is well over 20 years.
It depends on her son's country of birth: For most countries, the waiting time is over 7 years. For a son born in the Philippines, it is over 12 years and for Mexico, it is well over 20 years.
Q: If someone takes a $300 product and throws them on the road on purpose and now has damage on them what actions do I take
Terrence H Thorgaard's answer
Was the "$300 product" your property? If so, how did it come into the possession of "someone"?
Was the "$300 product" your property? If so, how did it come into the possession of "someone"?
Q: What are my rights as a tenant when the landlord tries to move stranger into out house with 5 days notice?
Steve Louis-Charles' answer
If your lease agreement states that you are renting a single family residence and is entirely silent as to strangers subsequently moving at some later point, than such a decision of your landlord to do so afterwards is a breach of the lease agreement. Under such a circumstance the law permits a tenant the opportunity to unilaterally terminate their lease agreement without having any responsibility to pay further rent. The tenant (i.e. yourself) must move out by the way. Hope this helps.
If your lease agreement states that you are renting a single family residence and is entirely silent as to strangers subsequently moving at some later point, than such a decision of your landlord to do so afterwards is a breach of the lease agreement. Under such a circumstance the law permits a tenant the opportunity to unilaterally terminate their lease agreement without having any responsibility to pay further rent. The tenant (i.e. yourself) must move out by the way. Hope this helps.
Q: I live in Fl. How can I challenge a lottery proceeding in a public charter school, which no one witnessed ?
Andy Wayne Williamson's answer
Most likely it will be very difficult as you are not a member of the governing board and likely have no entitlement to view the method or procedure of the lottery itself.
Most likely it will be very difficult as you are not a member of the governing board and likely have no entitlement to view the method or procedure of the lottery itself.
Q: Real Estate valuation:My parents, deceased, are 1/3 owners of a vacation house with two of my brothers. How is it valued
Andy Wayne Williamson's answer
The person selling his or her interest would get a value equal to 1/3 of the agreed or appraised value in exchange for giving a deed for his 1/3 share.
If an owner wants or agrees to sell his 1/3 share for less than appraised value that person is free to do so.
Hope this helps.
The person selling his or her interest would get a value equal to 1/3 of the agreed or appraised value in exchange for giving a deed for his 1/3 share.
If an owner wants or agrees to sell his 1/3 share for less than appraised value that person is free to do so.
Hope this helps.
Q: new car from dealership, charges $450 for Tag/title. Per County cost was $99.75, get refunded $45, is this legal?
Andy Wayne Williamson's answer
Yes you have legal rights. Do you have sufficient legal damages to justify the pursuit of a case against the dealer is the better question to ask. I suggest that likely no, as a lawyer will cost anywhere from $250.00 per hour to potentially $450.00 per hour or more.
Hope this helps.
Yes you have legal rights. Do you have sufficient legal damages to justify the pursuit of a case against the dealer is the better question to ask. I suggest that likely no, as a lawyer will cost anywhere from $250.00 per hour to potentially $450.00 per hour or more.
Hope this helps.
Q: Why would DOJ close investigation to collect my child support when my ex husband died instead of pursuing his estate
1 Answer
| Asked
in
Foreclosure, Real Estate Law and Child Support
for
Florida
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Andy Wayne Williamson's answer
This is a basic legal question and answer site. If you need to hire an attorney you can use the find a lawyer feature of this site to search for attorneys near the area where you have the foreclosure case.
This is a basic legal question and answer site. If you need to hire an attorney you can use the find a lawyer feature of this site to search for attorneys near the area where you have the foreclosure case.
Q: I've read about something called "pre forclosure" - what does that mean?
Steve Louis-Charles' answer
Its the period of time before a bank initiates foreclosure proceedings against a homeowner in court.
Its the period of time before a bank initiates foreclosure proceedings against a homeowner in court.
Q: Is a house purchase contract created by me, that was signed by my mom and I, legally binding on us?
1 Answer
| Asked
in
Contracts, Estate Planning and Real Estate Law
for
Florida
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Andy Wayne Williamson's answer
Can’t say for sure without first reviewing the contract.
I strongly suggest that you consult with a real estate from your area to get specific advice.
Can’t say for sure without first reviewing the contract.
I strongly suggest that you consult with a real estate from your area to get specific advice.
Q: HERE IS A COPY OF THE LETTER. I feel if I answer they are removing themselves from any guilt if any.
Andy Wayne Williamson's answer
This is a basic question and answer Legal site. Your situation appears to be more involved than the parameters of this site.
This is a basic question and answer Legal site. Your situation appears to be more involved than the parameters of this site.
Q: Got a les pendens notice in mail. How long can I stay in home till I have to move. It is not being contested.
Andy Wayne Williamson's answer
No way to say without more info. But if you just got a lis pendens that is typically done at the start of a case. Thus this appears to be the beginning of the case for you.
Good luck.
No way to say without more info. But if you just got a lis pendens that is typically done at the start of a case. Thus this appears to be the beginning of the case for you.
Good luck.
Q: Can I sue the school for failing to protect my child?
Stephen Arnold Black's answer
If the school was on notice that your child was being bullied and failed to stop the problem, then the school may be liable. In addition the parents of the bully may also be liable. Discuss in private with counsel.
If the school was on notice that your child was being bullied and failed to stop the problem, then the school may be liable. In addition the parents of the bully may also be liable. Discuss in private with counsel.
Q: My child was injured while playing at a friend's house
Stephen Arnold Black's answer
Yes, if the parents knew or should have known of their child's dangerous propensities, yet failed to act accordingly. then your child will have a case. Retain counsel here in the Central Florida area for representation.
Yes, if the parents knew or should have known of their child's dangerous propensities, yet failed to act accordingly. then your child will have a case. Retain counsel here in the Central Florida area for representation.
Q: How will I be able to secure alimony and child support if he owns his own company and is claiming bankruptcy?
Mr Eric Klein's answer
Not only will you need to hire a highly skilled attorney you will also have to hire a highly skilled forensic accountant. I wish you well, good luck
Not only will you need to hire a highly skilled attorney you will also have to hire a highly skilled forensic accountant. I wish you well, good luck
Q: Can an employee be issued a write up off the clock?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Florida
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Kevin Sanderson's answer
We get asked these type of questions often. "Can they......?" The short answer is they usually can. The employment police do not come screaming around the corner just for things we don't like. If actions are discriminatory or retaliatory based on legally protected classes, such as age, race or gender, etc. Then those activities are illegal. But you still have to get someone or an agency to advocate for your rights in that instance.
We get asked these type of questions often. "Can they......?" The short answer is they usually can. The employment police do not come screaming around the corner just for things we don't like. If actions are discriminatory or retaliatory based on legally protected classes, such as age, race or gender, etc. Then those activities are illegal. But you still have to get someone or an agency to advocate for your rights in that instance.
Q: What is the lemon law
1 Answer
| Asked
in
Lemon Law, Contracts and Landlord - Tenant
for
Florida
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Andy Wayne Williamson's answer
There is no way to explain the in's and out's of the Florida Lemon law via this type of forum. You can google the Florida statutes. I suggest that you consult with an attorney in your area about your specific set of facts to get specific advice on whether your situation falls under the Florida Lemon law.
There is no way to explain the in's and out's of the Florida Lemon law via this type of forum. You can google the Florida statutes. I suggest that you consult with an attorney in your area about your specific set of facts to get specific advice on whether your situation falls under the Florida Lemon law.
Q: Can interest be assigned to child support arrears?
Rand Scott Lieber's answer
You must return to court and have the arrearage reduced to a judgment. From that point forward it will accrue interest at the statutory rate.
You must return to court and have the arrearage reduced to a judgment. From that point forward it will accrue interest at the statutory rate.
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