Get free answers to your Family Law legal questions from lawyers in your area.
answered on May 14, 2024
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
This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.
answered on May 9, 2024
I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More
my case was established in 1996, the amount ordered was and is above my means, this was never based on my income or anything because I foolishly signed a paper from my ex. At the time I was a waitress making $2.01 an hour with a eight grade education. In the past before modern day tech I was... View More
answered on May 7, 2024
You need to file a motion with the last court that handled the child support order asking to modify or terminate the obligation. Based on your question that appears to be Mississippi. It would also help if the other parent is willing to cooperate with you and say that they are no longer asking for... View More
answered on May 9, 2024
I understand this is a frustrating situation. Here are some steps you can take to address your ex-wife filing your children on her taxes in violation of the court order:
1. Contact your ex-wife: Try to resolve the issue amicably by reminding her of the court order and requesting that she... View More
answered on May 2, 2024
You need to return to the court that issued the order and file a motion for enforcement and contempt. The remedy will either be to file an amended tax return for the current year or allow you to claim both children the following year. If you just file your return claiming a child that has already... View More
CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME... View More
answered on Apr 30, 2024
I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More
Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More
answered on Apr 22, 2024
When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More
The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?
answered on Apr 22, 2024
If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More
I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More
answered on Apr 21, 2024
I'm so sorry for your loss. This is a difficult and stressful situation to navigate while grieving.
From a legal perspective, the credit union's actions seem questionable. Generally, when someone passes away, their estate goes through the probate process to settle debts and... View More
answered on Apr 19, 2024
It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More
My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?
answered on Apr 18, 2024
Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:
1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support... View More
Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More
answered on Apr 16, 2024
It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 16, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 16, 2024
Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 17, 2024
You should make a list of all assets that your husband owned at death. If your husband had a will then property would pass under that will. If he did not have a will, then the assets would pass under the intestate laws of Florida. As a spouse, if a will exists, you either can take under the will or... View More
I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More
answered on Apr 10, 2024
Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More
Our schedule is 50/50 the first 15 days of the month Ive the kids and the remaining she have them, I don't need child care during my time because I'm off from work but she wants the child care calculated on the 100% for the au pair fee which is $1700 a month also I don't have access... View More
answered on Apr 7, 2024
Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.
I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?
answered on Apr 5, 2024
Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More
I filed a motion for summary judgment on my petition and when I asked for hearing time for the motion, the judge instead issued an order for trial and ignored my request for hearing time. I believe that per rule 12.510 and rule 1.510 and rule 56 that the opposing party must respond and the judge... View More
answered on Apr 3, 2024
Family cases are a little different than regular civil cases. At the trial you can argue your summary judgment motion; however, the judge will probably consider your arguments together with everything else that is presented at the trial. Speak with a local family lawyer for more specific advice.
Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More
answered on Mar 29, 2024
The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More
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