Child support is a specific amount paid based on the parent's incomes based on a formula in the law. Once chid support is paid the recipient can use it for whatever they want. It is not tied to any specific expens (like rent). Speak with a local family lawyer for more specific advice.

In Florida, assuming that you are not married, it is the mother who starts with all custodial rights. Once you go to court for a paternity case then through shared parental responsibility both parents can make decisions as long as they are in agreement. If you are in agreement with the... View More

As long as the overseas divorce is legal where it takes place then the US will also recognize the divorce. Make sure that you notify the other party of the proceedings. If your intention is to divorce without your spouse being aware of the proceedings then that can create a problem. Speak with a... View More

I suspect she has a lease to live on the property. The correct process is ejectment. To do that, someone has to receive the ownership of the property. In that sense, you need to work with a probate attorney and a real estate attorney. If you are in a position to hire one, you are welcome to... View More

In order to evict, you would have to file a probate petition and become his personal representative. You will need an attorney to do that. When you are appointed personal representative, you would be able to stop her from selling what remains of his property.

It would be very strange if... View More

You need to read the court order that awarded you custody. It may or may not allow you to obtain a passport without the other parent's consent. If it does not then you must either have the other parent sign the appropriate form or get a court order that gives you authority. Speak with a local... View More

I am very sorry for father's illness and his health struggles ongoing. There will be a serious issue with such a Will in Florida, it will not be a valid Will as it does not meet the Florida Statutory requirements of F.S. 732.502 (you can look it up online), what you have described without any... View More

If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.

Schedule a free consultation to make sure your father's estate plan is formalized... View More

You need to seek guidance from the court. Is there a court order that makes you the caregiver? Is there a court order that defines the father's rights? If not then you need to get one. You will not be able to exclude the father from the children's life but the court will make sure that... View More

You can dismiss your attorney at any time; however, there is no guarantee that the trial will be continued for that reason. So either have another attorney ready for the trial or be prepared to conduct the trial yourself. Speak with a local family lawyer for more specific advice.

Given there is contradicting language in the agreement, in the event litigation arises from these issues, the court may allow you to present evidence to support each of your intent when the agreement was executed. This can be emails, text messages, testimony, etc. Just as Mr. Lieber stated in his... View More

What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.

That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.

In the financial affidavit, there's a dedicated section for reporting self-employment income. It's important to regularly estimate your monthly earnings and update your financial information accordingly. For guidance on your specific situation, consider consulting a family law attorney.

Yes. Just be honest. You create issues by hiding things or telling half truths. Legally you are going to be imputed minimum wage. You cannot hurt yourself by being honest. Speak with a local family lawyer for more specific advice.

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answered on May 16, 2024

It is unlikely that your children will be taken away from you simply because you have a condition which requires you to take medication. Many people in society have bouts of anxiety and depression and society, including family court, understands and does not condemn people who are going through... View More

You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how... View More

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answered on Jun 3, 2024

You can pursue legal action against your former spouse for accepting a QDRO overpayment from a pension plan. The first step is to review the original QDRO (Qualified Domestic Relations Order) to understand the terms and any discrepancies that led to the overpayment. Documentation of the overpayment... View More

You need to take a look at your parenting plan as it should address travel. Usually if a parent wishes to travel with their children during their timesharing they would need to notify the other parent of the dates for travel, the location they are going, tavel information such as flight info etc,... View More

In Florida, shared parental responsibility means discussing major decisions like health and education. If you have a parenting plan there is a separate section that addresses traveling. Generally, as long as it is his timesharing and he has informed you about the travel he should be able to go.... View More