Florida Questions & Answers

Q: My husband got remarried before we even divorced and he took my kids what can I do he is in another state

1 Answer | Asked in Family Law for Florida on
Answered on Jul 26, 2016

If you were ultimately divorced, the divorce decree should have addressed child custody. Did it?
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Q: I will be filing bankruptcy. Do I tell my creditors? Do I stop paying bills?

1 Answer | Asked in Bankruptcy for Florida on
Answered on Jul 26, 2016

Generally, you would only continue to pay secured debts that you are reaffirming. And, of course, it may depend on whether you are filing under chapter 7 or 13.
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Q: What cases has a Private investigator been used as an expert witness?

1 Answer | Asked in Employment Law, Products Liability and Insurance Defense for Florida on
Answered on Jul 26, 2016

The standard definition of expert is someone who by training and experience has developed an expertise in an area. Some investigators have significant training and experience in an area and may qualify as an expert in that area--only. There is no blanket "expert private investigator." It is very subject and case-fact specific.
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Q: How do I keep my home/vehicle in FL? I am current on mortgage, but home was purchased last year. No car loan.

1 Answer | Asked in Consumer Law for Florida on
Answered on Jul 26, 2016

You say you "can't " find an attorney? If you can't afford one contact legal aid/legal services. If the problem is you don't want to pay one, you may want to make the investment if your home is an issue. With the new law things are more complicated, so having an attorney or at least paying them for a consultation to answer your questions is well worth it.
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Q: I have a friend, he is from Poland

1 Answer | Asked in DUI / DWI, Immigration Law and Car Accidents for Florida on
Answered on Jul 26, 2016

Could be severe.He needs to get a good criminal defense attorney. Could be looking at homicide by vehicle, vehicular manslaughter.
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Q: I have a child support order that was established in NY, I know live in FL and it was being enforced here?

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 26, 2016

Ask the Florida Department of Revenue what, if anything, they can do to enforce this.
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Q: After living here and paying rent on time for 2 years, I don't see how this is legal?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 26, 2016

I believe "normal wear and tear" is not, by definition, due to tenant negligence.
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Q: I rent a room in a house where all the rooms are rented out. The landlord told me via text that I am to move out of the

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 25, 2016

Probably, assuming you don't have a written lease, and you pay weekly. Essentially he is giving you the required notice to move out, as preparation for an eviction action (if you don't move out). So you take it or leave it: either move to the smaller room or move out entirely.
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Q: Can I with hold rent due to the landlord not repairing the ac..leaks..and everything else he was suppose to fix?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 25, 2016

You may not withhold rent without proper notice to the Landlord, which usually takes the form of a seven-day notice to cure.
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Q: I'm in Florida and it's been 5 months since they sent the postal service verification. what it is going on?

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Jul 25, 2016

I'm guessing that this relates to service of process. But you need to supply more information. And it's important that you follow up to make sure that "they" complete the task you assigned to them.
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Q: Received letter from association stating that landlord has not paid dues and we must pay them. Can landlord evict?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 25, 2016

What the association attorney has told you is essentially correct. For details, see the following section of the Florida Statutes:

"720.3085 Payment for assessments; lien claims.—

...

(8)(a) If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all the...
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Q: I need to file for an emergency post seizure hearing to file a complaint on a wrongful arrest of a sailing vessel

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Jul 25, 2016

Is this case in federal district court (Admiralty rules and jurisdiction)? If so, I expect that you can request a hearing electronically. If you will send me the case number and district (There are three federal districts in Florida), I would be happy to look at it for you.
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Q: Red light camera ticket with my license plate in view, can I plead not guilty on the basis that no driver is pictured?

1 Answer | Asked in Traffic Tickets for Florida on
Answered on Jul 25, 2016
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Q: Can I pursue an alimony/child support modification in FL if my divorce was finalized in GA?

1 Answer | Asked in Divorce for Florida on
Answered on Jul 25, 2016

Yes you can bring the case to FL if no party lives in GA. You should have a lawyer represent you in the case.
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Q: Can a father who lives mexico who never did anything for his children fight for them?

1 Answer | Asked in Family Law for Florida on
Answered on Jul 25, 2016

He has zero chance of getting custody. The case would have to be filed in FL. You should have a lawyer represent you in the case.
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Q: what qualifies as a breach, in this statement in our court custody papers: listed below in "more info"

1 Answer | Asked in Family Law for Florida on
Answered on Jul 25, 2016

That would qualify. You should bring this to the attention of the court. You should have a lawyer represent you in the case.
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Q: I want to go to the court with Nasa cause they usedmy mothers ph.d in product used by pilots now

2 Answers | Asked in Products Liability, Gov & Administrative Law and Patents for Florida on
Answered on Jul 24, 2016

The National Aeronautics and Space administration (NASA) used your mother's PHD degree to design a product? How do you mean they "used" her PHD? Was it the product she designed, they used her name in association with the product, or something else?

If there is a potential lawsuit, is your mother still alive?
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Q: Who can the adult be? Can it be my child's father? Or would it have to be my sister since I stay with her?

1 Answer | Asked in Family Law for Florida on
Answered on Jul 24, 2016

Are you asking about a petition for removal of disability of a minor (i.e.: emancipation)? The statute (Florida Statute 743.015) refers to "a petition filed by the minor’s natural or legal guardian or, if there is none, by a guardian ad litem". Presuming that you don't have a legal guardian or a GAL, I would assume that your sister would qualify as your "natural guardian".
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Q: State of Florida do I pay rent to landlord even though I'm in the process of an eviction summons

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 24, 2016

Yes, whether or not you are evicted, you will owe the rent anyway. Are you being evicted for non-payment of rent, or for some other reason?
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Q: Does there have to be a no contact order under the classification of statue number 827.03 ?

1 Answer | Asked in Criminal Law for Florida on
Answered on Jul 24, 2016

Section 827.03 is about "Abuse, aggravated abuse, and neglect of a child; penalties". It doesn't require a no contact order.
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