For equitable distribution, you would subtract the outstanding mortgage balance (the payoff amount) from the fair market value (or selling price) of the house to calculate the equity. The starting point then is to divide that number in half. Speak with a local family lawyer for more specific advice.

The next step is to file a Motion to Compel the response. Speak with a local family lawyer for more specific advice.

Florida does not recognize "common law marriage" so unless they actually get legally married it does not count. If your final judgment awarded her a portion of your retirement then she is entitled to it. Speak with a local family lawyer for more specific advice.

Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More

Florida adheres to equitable distribution of assets, whereby all marital possessions are eligible for property distribution regardless of whose name they bear. The potential for receiving spousal support during divorce hinges on factors such as the duration of the marriage and individual... View More

If you think that you may want to change your name then include the request in the pleading and final judgment. After you are divorced you would still have to take affirmative action to make the name change happen. Speak with a local family lawyer for more specific advice.

You need to address this question directly to the manager of the pension. The courts cannot alter the rules of the pension so this is not a legal issue.

As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.

If you suspect that the Father's disciplinary actions towards the minor child constitute abuse or neglect, it's advisable to contact the police and/or Child Protective Services. If there's a current court order in place, consider consulting with an attorney to determine if the... View More

Schedule a consultation with an attorney handling real estate litigation or general practice; alternatively, an attorney handling landlord-tenant cases can probably help even though this is not a landlord-tenant matter. You should be able to sue for unlawful detainer and/or ejectment, and perhaps... View More

She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.

In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage,... View More

Florida is a no fault state so "abandonment" is a non-issue for the most part. As to your rights, the answer depends upon many factors including the length of the marriage and the number of overlapping years of employment where you earned your pension. Typically all property acquired... View More

Jane Kim Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

I am not a family lawyer but I work on international cases. This is what I know...

If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically... View More

Yes, Florida is a no fault state. The only requirement is that you have lived here for at least six months. The other party does not have to agree. Speak with a local family lawyer for more specific advice.

Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More

Step one is to read your court order (parenting plan). That is what governs your case if it says something different. Otherwise you would need to return to court to modify the exchange location. The fact that you have been using the same location for the past two years should work in your favor.... View More

Astrid M. Bismarck Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

You may be able to receive spousal support if he has the ability to pay. There is a new alimony law in Florida. Please call my office if you wish to schedule an appointment. 305.444.5554

Thank you, Astrid Bismarck

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

Attorneys are generally not obligated to report tax fraud if they identify it during a legal proceeding. Attorney-client privilege typically protects the confidentiality of information shared between an attorney and their client. However, there may be exceptions to this privilege in cases where the... View More

A marital settlement agreement, once signed, is a binding contract between the parties. A sentence in the final judgment does not modify the marital settlement agreement. Presumably the marital settlement agreement was filed with the court, and as you stated, the parties were ordered to comply with... View More