The term "attorney of record" means the attorney who has "appeared" in the case for one of the parties, either by signing a pleading in that case or by signing a notice of appearance.
Your starting point is the court that issued the order that you want to enforce. You also may need to consider where the property is located. Your best option is to speak with a local family lawyer to address the proper jurisdiction to enforce.
If I live in Florida, and I have money from a separate account prior to the marriage, and I transfer some of that money into a marital account for both spouses, then does the separate account prior to marriage stop being separate and becomes a marital account?
The transfer of premarital funds into a marital account only makes the money transferred marital. It does not convert the premarital account into a marital account. It is very easy though to convert premarital assets into marital. If this is an ongoing concern, a post-nuptial agreement may be... Read more »
Concerning Florida marital property, if I have a business created prior to marriage, and during the marriage the business generates income and increases in value, and I keep that income in my separate premarital account and any proceeds from selling the business is put in my separate premarital... Read more »
Yes. Unless you had a prenuptial agreement, all of the income and appreciation during the marriage is subject to division. If you can prove the premarital portion, meaning the business value on the date of marriage, you can argue that that gets subtracted prior to division.
You should... Read more »
If you have never been to court for paternity then the mother has full custody rights. You should immediately file something in court if you are concerned about this going forward. The court (and the police) will look at your past behavior regarding sharing the child.
My partner is trying to move out at the age 18, but is trying to do it quickly and needs help since the parents in question won't be willing. Would I and my friends get in trouble for helping them move out? Is it concidered tresspassing and the parents have legal reasons to harm us?
18 years of age is the age of majority in Florida and almost all other states. So your "partner" can move. If that person lives there, she or he can invite you to his or her place of residence. If the parents accuse you of trespassing, call the police and advise them if the situation;... Read more »
Google "pro bono lawyers in Palm Beach County"
If you are seeking to modify a current child support order and are filing a petition for modification, a financial affidavit will need to filed in the case. Mandatory disclosures will also be required. Whether the financial affidavit needs to be filed at the same as the petition for modification,... Read more »
Your financial affidavit does not have to be served with the summons but it must be filed with the court before you can get a hearing on your motion to modify.
My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »
1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.
2. The second line of defense is to hire a very experienced trial... Read more »
My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »
It is illegal to make false allegations of a crime. See Florida Statue 817.49
My current income is lower than I had in PR, I'm still paying to ASUME as if I was there and it's an amount that is hard to afford every month.
You need to apply for a modification in the court that is currently handling the child support order. If that is NJ then that is where you would file the modification.
homestead exemption going.. ? she hired a lawyer for his estate & THEY SAID no one can rent or live there. because it , would not meet medicare restrictions , she would not recieve payments for her daddys care in the facility ?... IS THIS TRUE OR FALSE ?
It is true that her father would lose his homestead exemption and the value of his home would then be a countable asset for Medicaid purposes (not Medicare) and be subject to claims after his death if the home is rented to an unrelated third party. A child or grandchild can reside in the home and... Read more »
They live in a retirement home with limited ability to care for her and it is very expensive
Below is a link to a video I created that explains how to get help paying for home-health care through Medicaid-planning.
https://youtu.be/b2pt20YdjLc
You get someone to petition the court to remove your "disability of nonage". Some details are here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0743/Sections/0743.015.html
But where would you live? If you... Read more »
The question I ask back is - when are you going to turn 18? You can hire someone to file a petition for emancipation so that you can emancipate and live on your own as a minor --- if you meet all of the requirements of the law. However, the process is not a quick one. So, if you are going to turn... Read more »
Is there any way to get the case brought to Fl? If so how? How do I know what lawyer to get? They are trying to adopt them and I want my babies back home asap!
If the children have been out of Florida for less than six months, you would sue in Florida for custody. It is unclear what in-laws took them to Tennessee and are trying to adopt them; the parents of the children's other parent?
Would the name on my social security card be considered a "former name" legally. I am asking because I am trying to apply for name change to fix the error.
Your birth certificate is your legal name so that is the starting point. Unless you have previously changed your name you have no "former name." To change SS name just send them your birth certificate. To change your legal name (on birth certificate), go to court for a name change. Former... Read more »
6 nieces and nephews of my husband's were placed with us as family foster due to emergency removal from their home.
We underwent background checks, drug tests and a home study and everything was approved with no issues for a year. We got the phone call that they now want to remove all... Read more »
As much as I feel saddened by your current situation, having worked as a supervising lawyer for Florida Department of Children & Families--longer than I wanted to--I feel compelled to point out that DCF does NOT EVER upset any families in the manner described by you for NO reason. Hire a Family... Read more »
we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »
Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... Read more »
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