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I got legally married in Aiken County, South Carolina, on September 11, 2024, to my current wife. Several years ago, I was married and obtained an annulment in Nassau County, Florida. However, I'm unable to find any records of the annulment, only our marriage license. Now, my ex-wife is asking... View More
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answered on Feb 18, 2025
First, your ex wouldn't need that document to change her last name UNLESS the annulment order itself changed her name - in which case it's already changed. If the order didn't change her name, she needs to petition the court (in a new case) for a name change. Secondly, if you had a... View More
What is the likely outcome of a temporary hearing in Florida when Parent A is requesting 50/50 custody of a 5-month-old infant? The infant currently lives 5 hours away from Parent A due to the other parent's recent move, which happened right before Parent A filed to establish paternity. The... View More
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answered on Feb 17, 2025
There are a lot of "what ifs" in your question. The starting point for timesharing is 50/50. You do not provide the reason for the move. Was it for a legitimate reason or just to put distance between the parties. Obviously 50/50 timesharing for an infant with the parents living 5 hours... View More
I'm 17, I was removed because of a pretty nasty CPS case and a lot of domestic abuse cases, and some felony cases on her party played a part into this. I haven't lived there since early 2024. My mom was receiving child support in this time, however not supporting me. No paying for... View More
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answered on Feb 4, 2025
Under IRS rules, a parent or guardian can claim you as a dependent under the following conditions:
Residency Requirement: The child must have lived with the parent for more than half of the tax year.
Support Requirement: The parent must have provided more than half of the child’s... View More
I reside in Polk county fl, my ex is out of state. Per the order, I have full physical and legal custody, no time sharing. There is no parenting plan past or present. I assume the provision to use the app is there should I need to discuss the children. However, I am unclear on if I am ordered to do... View More
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answered on Jan 30, 2025
I would interpret the provision as follows:
1) You should download the app. Verify that the app gives notice to the other party that it gives notice to the other party that a message has been sent.
2) Ascertain that your ex has downloaded it as well.
3) If your ex... View More
My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.
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answered on Jan 30, 2025
Typically, if you are in need of financial support to pay your bills and take care of your children and your husband is contributing or providing financial support, then you are forced to request through the court either temporary child support and/or spousal support. The amount of child support... View More
My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.
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answered on Jan 29, 2025
I'm sorry to hear you're going through this tough situation. In general, if you're in the process of divorce and trying to support your kids, it's important to know your legal rights. As for selling items in the home, technically, it depends on whether the property is considered... View More
My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

answered on Jan 24, 2025
In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that.... View More
In the original dissolution my ex and I had 50/50 time sharing. She filed a motion to relocate with the kids and it was denied and I was given majority custody as she had already moved. I was paying her $450 a month in the 50/50 situation. This was about 3 years ago. A ruling on child support never... View More
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answered on Jan 23, 2025
If you had majority custody after her move and there was no ruling on child support after the custody change, your ex-wife would not have grounds to pursue back child support for this period because child support obligations would normally align with the custody arrangement. Consult with a lawyer... View More
I successfully obtained a court judgment that entitles me to receive a specific portion of my ex-husband's pension. However, he recently passed away before I was able to collect the full amount awarded to me.
Given this situation, I would like to know if it is possible for me to... View More
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answered on Jan 23, 2025
You will likely need to file a claim against your ex-husband's estate in probate court to collect the remaining pension benefits. You can do this by contacting the Probate Court, submitting a claim within the statutory period allowed for creditors after the estate is opened, and providing... View More
if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template
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answered on Jan 24, 2025
In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More
Custody and Support:
We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

answered on Jan 20, 2025
While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More
Custody and Support:
We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

answered on Jan 20, 2025
As to the five topics you referenced (Custody & Support, Financial matters, Alimony, Life Insurance & Car, and Legal protection), you are free to enter into any agreement you like that addresses these topics. But beware, once you agree to the terms you are bound by them and cannot cry... View More
This could become federal but the civil filing continues to know I have no attorney because of the facts above
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answered on Jan 17, 2025
Sorry to hear you are going through that ordeal. Your inquiry is vague as to whether you or someone else is the embezzlement victim, but I'm guessing from your wording that your lawyer had to withdraw from your case because he/she has been charged with a crime against someone else, and the... View More
I recently lost my alimony in Sept. 2024 due to my ex husband having a stroke but he is still alive but no longer employed. I received a letter from my ex's employer stating that I would no longer be getting any more payments.I contacted my original attorney immediately to file a "Motion... View More

answered on Jan 17, 2025
The real issue that your are facing regarding contempt is that your ex did not have a stroke on purpose. Technically he (or his attorney) should file a motion for modification of the alimony based on his health condition. I can't comment on the work or timing of another attorney. At the very... View More
Original time sharing case was set up in Brevard county, since both parents now live in Levy county. Order states mother has primary custody and father has visitation. As of October last year oldest child requested to live with his dad full time and visit mom. Mom agreed. We would like to get this... View More
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answered on Jan 15, 2025
To modify the existing Order, you would need to file a Supplemental Petition to Modify, which can be done electronically. If both parties agree, you may sign a Consent Order Modifying the Final Judgment and submit it to the Judicial Assistant for approval. If the court requires a hearing on the... View More
Original time sharing case was set up in Brevard county, since both parents now live in Levy county. Order states mother has primary custody and father has visitation. As of October last year oldest child requested to live with his dad full time and visit mom. Mom agreed. We would like to get this... View More

answered on Jan 15, 2025
Whatever you do, first put your new agreement in writing. You can then file the agreement in the court where you both currently live and include a copy of the final judgment from Brevard. You will also need a current UCCJEA affidavit which details where oyu both live now. This form is available... View More
Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More

answered on Jan 9, 2025
You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More
A non-custodial parent moved after separation to Texas after the other custodial parent decided to move with the child to Orlando (both lived in Miami). A dissolution of marriage started after that and 1 year later this dissolution was done with a parenting plan. In this parenting plan the... View More

answered on Jan 9, 2025
The starting point for this question is to read your parenting plan. That is the law of your case. Technically a parent can move anywhere as long as they notify the other parent of their new address. Relocation comes in if the parent is trying to change the child's school or timesharing... View More
My case was opened in 2023, and my children have been removed from the home. My daughter is living with her maternal grandparents, and my son is in foster care. Since the DCF case was opened my husband and I have been dealing with homelessness, and lack of income. My husband has been completing all... View More

answered on Jan 6, 2025
The question that you need to decide is are you opposing the TPR. You can move wherever you choose so long as you are complying with any court orders issued. If there is a court order that says you cannot move then you need to return to court to get permission. Speak with a local family lawyer for... View More
Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?
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answered on Jan 3, 2025
This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More
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