Get free answers to your Family Law legal questions from lawyers in your area.
hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More 
answered on Jul 19, 2024
Once you turn 18, the benefits that were previously managed by your mother on your behalf can be redirected to you. You will need to notify the Social Security Administration (SSA) of your status as a full-time student in high school.
My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More
answered on Jul 11, 2024
Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More
I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.
answered on Jul 11, 2024
According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.
Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,
can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?
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answered on Jun 25, 2024
There is no legal separation in the State of Florida. If you wish to seek support from your Husband without filing a petition for divorce then you would file a Petition for support unconnected with a dissolution of marriage and request alimony/support. The process is every similar to a dissolution... View More
Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,
can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?
answered on Jul 11, 2024
During the process of a divorce, one party may be eligible to receive alimony from the other party if there is a significant disparity in their incomes. This support is designed to alleviate the financial burden on the lower-earning spouse during and after the divorce proceedings. While Florida... View More
Currently have physical custody of minor child which was obtained before the Notice of Hearing Before Magistrate.
answered on Jun 24, 2024
Additional facts are needed. However, if there is an existing court order, it should specify who has majority timesharing. If no order is in place, the Judge will determine which parent will maintain temporary majority timesharing. Any request for temporary majority timesharing should be included... View More
They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.
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answered on Jun 24, 2024
You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More
My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so... View More
answered on Jun 18, 2024
You can leave the home without affecting any marital rights you may have in the home other than possession and access. Once you leave the home and the divorce is filed, you will not be able to return to the home unless you have a court order or an agreement between you and your husband. Also, if... View More
My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so... View More
answered on Jul 11, 2024
Moving out of the marital home while awaiting the finalization of the divorce does not automatically mean you relinquish your rights to the property. The home remains marital property regardless of who lives in it until the court issues a final decree in the divorce proceedings.
The one who fathered the child has financially helped the Mother and child since birth. He has been getting her alternate weekends and a few hours every Tuesday and Thursday since she has been able to walk. She is mad at the father at the present and is withholding the child.
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answered on Jun 17, 2024
Legally, the man that the woman was married to at the time of the birth is the "legal father." This can be changed but you must take the mother to court on a paternity/ disestablishment of paternity case. You will need to include the man that she is/was married to in the lawsuit. Speak... View More
Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More
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answered on Jun 16, 2024
The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.
I have a time sharing custudy agreement. I also have residential custody of my son that is based out of his mother living in Pennsylvania but she hasn't lived there in years and now resides on the east coast of Florida. Nothing has been changed in the courts on her end. I also live in... View More
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answered on Jun 16, 2024
Both of you are bound by whatever it says in your parenting plan. If you want to change the plan then you need to go back to court for a modification. As long as you are both following the parenting plan you can each live wherever you choose. Speak with a local family lawyer for more specific... View More
Brief overview:
* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county
* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.
* She filed a counter petition... View More
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answered on Jun 6, 2024
This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally... View More
I have a custody case now open and the father of the child will not abide by the court orders as far as parenting plan given from different state. Case was thrown out because of jurisdiction and is now open here in state of FL. What is the next steps so I can get 50/50 here in FL as the case is at... View More
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answered on Jun 6, 2024
You are always able to request a case management conference (status conference) with the judge. Look online for your judge's division procedures and there should be instructions for scheduling. Speak with a local family lawyer for more specific advice.
My daughter lives with me and sees her father every other weekend and he has never paid child support. I want to move to Alabama so my daughter can grow up with her cousins since we have no family here. Getting a job wouldn’t be an issue and we could stay with family until finding a place to... View More
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answered on Jun 5, 2024
If you are still married then you both have equal rights over the child. Technically you can move without his permission; however, if he goes to the court you could be ordered to return. The better path is to either reach an agreement with him or go to court with a divorce/ relocation case. Speak... View More
JAWS appears to be only for attorneys. I have filed two motions that I want to bring in front of the court.
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answered on Jun 3, 2024
Look up the division procedures for your judge online. There should be instructions on how to request and schedule a hearing. There should also be a phone number and/or email for the judicial assistant. That is the person with whom you need to communicate. Speak with a local family attorney for... View More
They live together still married can she stop kids from going alone to his family she's with children and husband thx
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answered on Jun 3, 2024
You need to carefully read the order that says "your daughter lost rights to children." That is where it will say if the father has the ability to send the children to Mexico. Speak with a local family lawyer for more specific advice.
He’s a narcissist and am fearful of being alone.
I have to pack and will need assistance from my son
He can keep the furniture but would like half of the $
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answered on Jun 3, 2024
You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.
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