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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... View 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... View 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... View More
Before she died she wrote and signed a letter stating she's giving her vehicle to me. She also went ahead and signed the title before she died. My uncle was driving the vehicle around and I wanted to come get it. Well he said it had to be in my name, so I went and got the title put in my name.... View More
answered on May 12, 2023
If she signed the title over to you before she died, the vehicle is yours; it doesn't belong to her estate. But you would be foolish to drive the vehicle at all without insurance.
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... View 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... View 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... View More
She doesn’t know who the biological father is,but she does not want the baby
answered on May 9, 2023
Whatever you do you need to involve an attorney that specializes in adoption. This is not a do it yourself matter. Speak with an adoption attorney as soon as possible if you want to pursue this.
answered on May 9, 2023
You are not required to respond but one party or the other will need to schedule it for a hearing with the judge. Speak with a local family lawyer for more specific advice.
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... View 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... View 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... View More
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... View 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... View 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... View More
Daughters name was changed within forst twelve months of her life I was not listed on the birth certificate due to paternity issues. At the least was she supposed to notify me since I was suspected to be the father or no because I wasn’t on the birth certificate?
answered on May 2, 2023
Generally, both parent's signature is required if they are listed in the original birth record. Since you are not in the birth certificate, the mother can pursue name change of the child without your consent.
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... View 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... View 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... View More
answered on May 1, 2023
Guardianship is not usually a "do it yourself" area of the law. Speak with a local family lawyer that specializes in guardianship for more specific advice. Look for someone that offers a free consultation.
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... View 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... View More
Does the step grandfather still have legal rights to them
answered on Apr 27, 2023
The court order that gave you temporary custody is what governs until there is a new court order. If there is any confusion then you must return to the court that issued the order. Speak with a local family lawyer for more specific advice.
I started a petition for name change for my minor son in central Florida. My case worker is requesting I get a bankruptcy search certificate and a money judgement statement in order to move my case to a hearing. In the packet I have it says the only requirement to do with my background would be to... View More
answered on Apr 27, 2023
When you do a name change for a minor the background check is done on the parents. There is no background check on the minor. Speak with a local family lawyer for more specific advice.
I’m 17 and adopted I’ve been living with these people for about 6 year I wouldn’t even say living they won’t let me stay with them any more they put me in other locations to stay with people even to another state at one point I’ve never liked these people from the start they lie To people... View More
answered on Apr 26, 2023
A stepparent (spouse of a parent) is not the same as an adoptive parent. If you were adopted in a Florida court, you would legally be their child, and subject to their control until you turn 18. You might want to see about getting emancipated.
I had agreed to forgo payment for one of my children's monthly insurance , with the understanding that my ex stop threatening to take me back to court. My job situation has changed and I am currently paying health insurance for both children. I am asking him to pay his half as it was... View More
answered on Apr 26, 2023
Detrimental reliance means that one person changed their position because of what the other person did. In your case, you agreed that your ex wouldn't have to pay part of the insurance because he promised not to take you back to court. Depending on what it is that he was threating to go to... View More
Can I do it in my home state or do I physically have to file at court in Tn.
answered on Apr 25, 2023
You cannot really "domesticate" a contempt order. The contempt sanctions are imposed by the court that issued the contempt order. Speak with a local family lawyer for more specific advice.
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