In Florida, in many jurisdictions, there is a presumption that both parties should maintain the financial status quo after a divorce is filed. This means that each party should continue to pay what they have traditionally paid. There are exceptions to this. You must apply to the court for relief,... View More

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answered on Oct 3, 2023

During a deposition, opposing counsel has broad latitude to ask questions related to the subject matter of the lawsuit. They can inquire about facts, statements, actions, or any other information that might reasonably lead to admissible evidence. However, they can't ask questions that are... View More

That depends on whether your boyfriend has any relevant information regarding the divorce. Generally, they cannot ask about his finances. The deposition must occur in the county where your boyfriend lives. If opposing counsel's office meets that requirement then the deposition can be held... View More

Although it is possible, generally payors do not go to jail for not paying child support. If you are ordered to pay a specific amount and you have that amount in your possession (bank account, etc.) then you can be ordered to pay by a certain time or be jailed. This is called you having the keys to... View More

Why do you think that you need to pay child support? If there is a court order that says that you need to pay child support then you need to file a motion with the court that issued the order explaining that the children have lived with you. Speak with a local family lawyer for more specific advice.

he can file for divorce and seek temporary spousal support until she can find work and support herself. Of course, it depends on many factors, like how long you've been married, whether you worked before having children, and the age of your children. Speak with a family law attorney to learn... View More

It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More

A motion to modify does not automatically require an Answer. You will not get a clerk's default since a notice of appearance was filed. You can schedule your modification for hearing and bring up the lack of a response to the judge but you will still need to prove your case (no default). Speak... View More

Have you tried asking the aunt if she'd be willing to give you the ashes, and telling the aunt how much it would mean to you? Sounds like your niece was the owner of the ashes and either gifted the ashes to that other aunt or requested her to hold onto them until she's freed. If... View More

Well, it was "eavesdropping" if one or both of them didn't know you were listening, but it was not necessarily unlawful. If you were on the phone with one of them, and she happened to hold onto the phone or put it down (knowing you were still there) as she started the interaction... View More

This is an age old question that may never be answered! Always maintain the high road and do your best. Always put the child's needs first. Good luck.

There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More

To find out if someone has filed a court case against you, particularly if it involves a family matter, you can search your name on the clerk of court website in the county where you reside or where the cause of action occurred. This should provide you with the necessary information.

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answered on Sep 18, 2023

In Florida, it is typically permissible for your husband's lawyer to contact your landlord, especially if it is relevant to the ongoing legal proceedings. However, given your concerns about privacy and safety, it's important to take steps to protect yourself. First, discuss your concerns... View More

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answered on Sep 18, 2023

To find pro bono legal assistance for child support and custody matters in Florida, you can start by reaching out to local legal aid organizations, the Florida Bar Association's pro bono program, and nearby law schools that may have clinics or programs offering free legal services.... View More

You are correct; the information is privileged. But since you have indicated that you will perjure yourself, the attorney's duty is to withdraw from the case.

This is not a simple calculation. You can probably recover your non-marital down payment but the remaining equity would probably be divided in half as marital. One or both names on the deed does not change the legal analysis in a divorce. Speak with a local family lawyer for more specific advice.

You need to read your settlement agreement carefully. Alimony can be modifiable or non-modifiable. Alimony is based on your financial need and the other party's financial ability to pay. If your alimony is non-modifiable then there should be no problem. However, if it is modifiable then your... View More

SSI received by a child does not count as a parent's income; however, it is part of the child support calculation and should reduce your obligation. Speak with a local family lawyer for more specific advice.

Child support is based on your income, which you can prove with pay stubs if you are a W-2 employee. As long as the loans from your family are not regular (emergency only) then they should not count towards your income. However, you may have to show the bank statements to prove that. Speak with a... View More