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prior to the wife leaving the property 1 yr an 3 months (without any notice ) she had stopped paying her share of all financial responsibility 8 months prior. except for her personal C.C. that i had no access to. (NOTE only one name is on the Mortgage & DEED)
answered on Jun 7, 2023
While I am not sure what your question is, if and when you file for divorce you can seek to recover from your wife half of the payments that you made to support the marital assets. Speak with a local family lawyer for more specific advice.
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Motion to Set
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answered on Jun 7, 2023
It looks like there will be a hearing on June 14th at 10:00 AM. Miami is in the Eastern time zone, so if you are not in that time zone, adjust accordingly. If you can't access the notice of hearing contact the clerk of court for the Zoom information.
Do I have to go to PR to do that?
answered on Jun 7, 2023
You petition the Florida court for a name change. When the petition is granted, you would probably send a certified copy of the decree to the Puerto Rican governmental department in charge of birth records and ask for an amended birth certificate. That is the way it is done in most or all states,... View More
answered on Jun 6, 2023
One would have to read the motion to be sure, but I would guess that an order holding one party in contempt of court has previously been entered, and now that same party is moving to vacate the order.
We were split for 7 months she had job and place to stay. Suddenly she was homeless, at my door. our 9 year old son cause wind of the situation. I allowed her to stay under strict circumstances/rules. Within a week she was unemployed. It’s been almost a year, I am going crazy. I need advice on... View More
answered on Jun 6, 2023
If your Wife has been served and she has failed to respond to the Petition, you can file a motion for default. However, if she has responded, you will need to comply with mandatory disclosures and request a mediation date be set. Based on the information you have provided, it may be advisable to... View More
My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... View More
answered on Jun 2, 2023
Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... View More
I filed in January but, didn’t know I can file a motion for default until March. Once, I filed I had until May but, it was answered but the father wasn’t present January-April. Can I still get a default?
answered on Jun 1, 2023
If the Father has already answered, the clerk will not issue a default.
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.... View 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... View More
answered on May 28, 2023
Pets are considered property in a divorce. Whatever you do, my advice is to inform the other party of your actions. If the two of you agree you can do whatever you like. If the two of you do not agree you could get in trouble with the court for taking unilateral action. Speak with a local family... View More
I understand you have 60 days to get married, does that mean after 60 days if it’s not filed it would be void? Even if it was officiated? According to clerk of the court it is supposed to filed within 10 days. In other words if it was misplaced but found a year or so later would it be valid and... View More
answered on May 23, 2023
In Florida the marriage license must be filed within sixty days of issuance.
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... View 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... View 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... View 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... View 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?... View 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... View 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... View More
answered on May 17, 2023
No, Florida does not recognize common law marriage at any time (nor do most states).
I was given 20 days to formally notify the court if I will be continuing pre se after my lawyer withdrew.
answered on May 15, 2023
Read the order of withdrawal carefully. The default may be that you represent yourself after 20 days OR you need to file something. If necessary, you file a Notice (not a motion) with your contact information for the court with the clerk. Speak with a local family lawyer for more specific advice.
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... View 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... View More
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