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I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More
answered on Sep 6, 2023
The decision of whether to file for divorce first or pursue a VAWA (Violence Against Women Act) self-petition for a green card depends on your individual circumstances and the facts of your case. It's essential to consider various factors before making a decision, and it's advisable to... View More
My daughters father makes child support payment by depositing it to my account at the bank on the 1st of every month. This month he didnt do it and did not respond after i reminded him. I want to file for child support payments through the state of florida. How can I do that? He lives in broward i... View More
answered on Sep 3, 2023
Contact the Florida Department of Revenue Child Support Program:
https://childsupport.floridarevenue.com/
I have a 50/50 split custody agreement with my ex amanda for our daughter. In the papers it states that out of pocket medical expenses are to be paid 50/50. My daughter broke her glasses and i got an estimate for a new pair and mom is refusing to pay half as my daughter broke them at my house. She... View More
answered on Aug 31, 2023
First, you should just pay for the glasses. Second, you need to decide if it is worthwhile to go back to court to try and collect her half. Speak with a local family lawyer for more specific advice.
I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?
answered on Aug 30, 2023
The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More
My ex spouse threatened to shoot me 2 years ago, and at first she denied that during my divorce hearing under oath, but during the next hearing, she confessed about it for the record.
She also previously filed 2 DCF cases and 1 domestic violence case against me, which were never proven.... View More
answered on Aug 30, 2023
Theoretically, it could be a criminal assault case (if she threatened to shoot you at the same time she made the threat), or a criminal case for perjury, but I would doubt that the criminal authorities (either in Florida or in the military) would elect to prosecute. If by "a legal case",... View More
I live in Texas and my daughter lives in Florida. Long story short, before moving to TX I did not see my daughter for 8 months because the mother decided she wanted to stop coming to court ordered custody exchanges. The judge did not take that lightly and she was found in contempt and the judge... View More
answered on Aug 30, 2023
You do not mention if you have ever been to court regarding the child. If there is an existing court case in Florida then you can file a motion for electronic communication with the child. If there is no court case then you must file a petition for paternity (assuming that you are not married).... View More
I gave him POA already
answered on Aug 25, 2023
Using a Power of Attorney (POA) to manage your financial affairs is a legal way to grant someone else the authority to act on your behalf. However, it's important to ensure that the actions taken under the POA are within the bounds of the law and the terms specified in the POA document.... View More
Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off... View More
answered on Aug 24, 2023
The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the... View More
I'm disabled and the ex-wife was ordered to divide the pension 50/50. She knows I need to retain an attorney in another matter and is deliberately delaying releasing the money until I lose my case.
answered on Aug 24, 2023
A well drafted agreement or order should have a deadline for payment. A delayed payment is not 'Illegal" but depending on when it was due, you can file a motion for enforcement and contempt. Speak with a local family lawyer for more specific advice.
answered on Aug 23, 2023
You do not say why it was moved. Presumably the other party lives in Georgia now. If you want to pursue further legal action on that case it will be in Georgia unless you have a legal reason to move it elsewhere. Speak with a local family lawyer for more specific advice.
My son's girlfriend took their three-year-old to New Jersey for 2 years against my son's wishes. She would not send pictures or facetime. My son did not have the money to fight it in court. She put him in an abusive home and called my son to come get him because she could not take care... View More
answered on Aug 18, 2023
Legally, until your son goes to court the mother has all of the legal rights regarding the child. He can file a paternity case in Florida, however the court may not rule on custody until the child has lived here for six months. Multi-state family cases can be complex so speak with a local family... View More
I am a full time single mom and the dad doesn’t help do anything but “FaceTimes”, we are married and I am looking to move to increase income. There’s no custody order or anything regarding the court. I’m not ready for a divorce until I’m financially set. Can I move out of Florida though... View More
answered on Aug 17, 2023
Yes you can move; however, if your husband files for divorce here it is possible that you would be ordered to return. The better course is to tell him what you are doing and why. Regarding filing elsewhere, most states require that you live there six months before you can file for divorce. Speak... View More
The principal?
answered on Aug 17, 2023
For equitable distribution, you would subtract the outstanding mortgage balance (the payoff amount) from the fair market value (or selling price) of the house to calculate the equity. The starting point then is to divide that number in half. Speak with a local family lawyer for more specific advice.
My baby father and I are separated but still married, there’s no court order for anything regarding custody or divorce. I want to move to another state. He doesn’t support this child, and only wants to “FaceTime” the child. Can I move from Florida to another state without notifying him.
answered on Aug 17, 2023
If there is no court order, you can generally move to another state with the child without the other parent’s permission. However, the other parent can file a proceeding seeking custody or visitation in the state you are moving from, which you may have to address. Once the child has lived in a... View More
My daughter's mother and I have never been married. We ended our relationship when our daughter was 1, she is now 9. The mother and I both currently live in Florida, but our daughter was born out-of-state. I am already on the out-of-state birth certificate as the father. I want to ask the... View More
answered on Aug 14, 2023
You would file a Petition to Determine Paternity and For Related Relief in the county where the Mother and minor child reside. You should consult with an attorney regarding the specific facts that may be applicable to your case.
I need to establish paternity with the other man and seek child support because my husband was automatically put on her birth certificate
answered on Aug 14, 2023
Your husband is the "legal" father and is responsible for child support unless the other father comes forward voluntarily. At that point you cold file a petition to disestablish paternity and switch the responsibility from your husband, the "legal" father, to the biological... View More
Out going to Puerto Rico? Our mother still luves in the house.
Thank you
answered on Aug 12, 2023
It's very likely that there would be no need for them to go to Puerto Rico (where I assume the house is located, and assuming they have title). Contact a lawyer licensed to practice law in Puerto Rico to prepare a deed and to arrange the transaction without the necessity of travel.
Home or attach a paper to will with new home address?
answered on Aug 10, 2023
If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More
Me and my mom got into a fight which she started and proceeded to beat on me. I did swing back to get her to leave me alone. She was upset because I was sharing my feelings with my aunt that had nothing to do with her. I was talking to her about my feelings when my mom came up there yelling at me... View More
answered on Aug 9, 2023
No one has the right to renege on a gift, but if the phone service is not in your name, and the phone was provided from the service, your mother might be able to get away with claiming the phone belongs to her. You seem to have much bigger problems in your household than the wrongful taking of... View More
My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.
Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More
answered on Aug 8, 2023
Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More
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