This is a family law case where Petitioner is seeking visitation and child support review. Petitioner has yet to send financial affidavit. I sent mine to him only for it to be returned to me because petitioner moved and has not provided respondent with updated address as required by court of law.... Read more »
answered on May 31, 2023
Your financial affidavit should be filed with the clerk of court, with a copy to Petitioner at the address on the pleadings that were filed. It is possible that you can move for a dismissal based on Petitioner's failure to pursue the matter. Speak with a local family lawyer for more specific advice.
answered on May 31, 2023
Normally an engagement ring is considered a gift to the wife and is her separate property. There are other factors that may change that so you should speak with a local family lawyer for more specific advice.
answered on May 28, 2023
You didn't ask a question, but I suppose your question is, "Do I have to give the car back?" Hard to say from the brief info in your post. First, the distributions under your aunt's Will cannot happen until she dies, so her Will is irrelevant at this point. That means the car... Read more »
Also what happens if the notary did not check either "personally know to me" or "produced identification" and neglected to mark the type of identification on the edited document?
answered on May 22, 2023
A marital settlement agreement is a contract between the parties. It cannot be changed unless both parties sign off on the change. Amendments to a marital settlement agreement are not directly related to whether there is a counter petition or not. The missing notary check mark is probably not... Read more »
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »
Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... Read more »
answered on May 22, 2023
The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.
To stop the foreclosure, you need an attorney to... Read more »
The court also ordered that the support be directly taken from his pay at least 8yrs ago but he still pay what he wants to pay. U really need help. With the price of living has a increasing raise.
answered on May 19, 2023
In Florida child support is calculated pursuant to a mathematical formula in the law. It is based on the net incomes of each parent and the number of overnights with each parent. Child support is always modifiable until the children turn eighteen. Perhaps you can return to court for a modification?... Read more »
I'm representing myself. He has a high priced lawyer. He is in contempt for violating a court order which says that he has to cooperate in exams etc., to get life insurance written on his life. He claims a medical reason for not cooperating. He hasn't seen a doctor since 2021 for this... Read more »
answered on May 17, 2023
This can be a complicated evidentiary issue. He can testify about anything that he has personal knowledge of. As far as the actual paper records go he would need a records custodian and he would need to establish that they are business records. Medical records frequently contain hearsay, another... Read more »
My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... Read more »
answered on May 15, 2023
If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... Read more »
Child support was establish while still working a traditional job. I’ve saved up over time to open my own business to be able to spend time with my family, rather than 12-13 hour workdays 6-7 days a week. I requested a modification but am worried how the DOR will look at going from a high income... Read more »
answered on May 14, 2023
When a payor's income fluctuates then the court will look at an average over time. You are allowed to change jobs/ start your own business, but you will be expected to continue to earn at the same level moving forward. There may be a temporary decrease in your income which the court will... Read more »
The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?
answered on May 13, 2023
If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... Read more »
I refused to pay the Nanny with my ex wife because she just home Monday to Friday while my daughter she's at day care 7 AM to 6Pm and she just want to work weekends , i find that's not faire , what does the law say about that ? Can I take her to court for this ?
answered on May 11, 2023
You need to review the parenting plan that was entered in your divorce. You do not mention how old the child is or what your timesharing arrangement is. For younger children daycare costs are normally a part of the child support calculation. If you do not currently have a daycare obligation then... Read more »
Loans are all in exwife name and over the years have been paid off and on- going into deferrment a few times.i have remarried and moved to Florida and am 73 years old. The original loans were for $53000 and now with interest is way over $150000.My ex has now sued me in a Pennsylvania court for 1/2... Read more »
answered on May 11, 2023
Being your case is from Pennsylvania and there was recent litigation that took place there, you would need to contact an attorney in Pennsylvania to address those issues. As for the order being enforceable in Florida, the opposing party would need to domesticate the order in Florida for it to be... Read more »
STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... Read more »
answered on May 7, 2023
You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... Read more »
I filed for divorce in feb. when I did the first package the family affidavit was file . The judge order mediation but her lawyer didn’t submit her affidavit till this morning which I couldn’t see till after mediation which we didn’t agree to anything! I emailed the lawyer asking her for the... Read more »
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answered on May 23, 2023
Both parties are required to provide mandatory disclosure to the other party. Florida Family Law Rule 12.285 states what documents are required to be provided to the other party and the time frame for production. If a party fails to provide said disclosure, the opposing party can file a motion to... Read more »
Both kids (twins) will be 18 on June 28, 2024. I (father) split time 50/50 with their mother. I currently pay $157 a month in support. The mother's financial status has improved over the past several years to the point she no longer needs child support and agreed to sign off on any... Read more »
answered on May 4, 2023
There is no form. Because child support is a right of the child it is not always simple to "terminate" the support. You could also try filing an agreed order signed by both parents regarding the current child support. You do not mention whether you pay by income withholding order. Your... Read more »
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... Read more »
answered on May 2, 2023
If you are seeking sole parental responsibility for your child, you can file a motion to modify your parenting plan with the court. You will need to provide evidence of factors such as alcohol or drug abuse, negligence, or domestic violence against the father in order for the court to consider... Read more »
He is only seeking every other weekend. Which leaves me all the school days. I cannot call out every time out 4 and 6 year old are sick. Can an arrangement be put into our custody agreement to where we need to alternate sick days if the kids are sick? Even if it’s during the week?
answered on May 2, 2023
Unfortunately, the way it usually works is if it is your timesharing day then you are responsible for child care. If dad has a school day and they are sick then he is responsible, same for you. You can try to address this issue financially (through child support or otherwise) so that you can afford... Read more »
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... Read more »
answered on May 2, 2023
You need to be clear about the difference between sole parental responsibility (decision making) and 100% timesharing. It sounds like you want 100% timesharing which is difficult to get. The court is always going to try and encourage a relationship between the child and both parents. You have given... Read more »
Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his... Read more »
answered on May 1, 2023
You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree... Read more »
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