 *** HOW TO GET FULL VERSION OF THIS DIGEST? *** |
| Daily Digest for Attorneys and Legal Professionals |
You can easily convert prospects actively looking for your legal help or advice to long-term paying customers. Subscribe to full version of this digest and get:
- All links revealed, so you will be able to contact your potential customers directly and provide them with help on their legal questions
- Daily updates of this digest
- Price for monthly subscription is $39.95 USD only! (Click message header to subscribe now)
- If you have any questions, suggestions or comments feel free to contact us
|
| Discovery ? |
| Alimony & Spousal Support |
I'm Pro Se (can't afford an attorney). I submitted a Supplemental Petition to Modify Alimony and have a court date set. Reason to Modify is because new job pays quite a bit less than previous. I was laid off and on unemployment benefits for 9 months. Now paying full Child Support and partial Alimony Support for last 3 months. I'm paying 65% of my disposal income.
My Ex wife's attorney sent me REQUEST TO PRODUCE and INTERROGATORIES documents.
The question I have is: she wants detailed information dating back 3 years. I noticed that FLA. Family Law Rule: 12.285(d) states that for Supplement Proceedings some items are only required for 3 months prior to being served. Should I only produce what is detailed in Rule: 12.285(d) and for the specific time that it talks about?
CAN SOMEONE HELP ME.
|
| CS arrears 10 - 20 years. |
| Child Support |
How can I find out if someone has a warrant for back CS possibly in the range of 50k? Should I contact the AG? Would they know? Or can they give me this information?
And also this is for at least 10 years plus. Thank you kindly.
|
| relocation dilema |
| Divorce, Separation & Annulment |
My girls are 11 & 12. I live in a county that ranks 66th out of 72 in terms of school districts. I have always intended to move my girls before they have to enter any of the D or F high schools they are slated to go to. In full disclosure, I have been separated from my 2nd husband for 1 & 1/2 years. A year ago I started dating a boyfriend from 20yrs ago and we are now in a very promising relationship-both thouroughly in love. I have been unemployed for 2yrs(actively looking for 1yr). My boyfriend lives in a school district that ranks 7th out of the 72, with all of the high and middle schools rated A. He has been able to find 3 likely jobs for me w/i 2 days of leisurely searching. I want to move there with my girls prior to the school year starting and their father is against the move because of his visitation. I understand his concern completely and sympathize, but I have to put my girls education first and foremost. In saying that I would like to clarify that I would continue his every other weekend visits (hoping that he could meet me 1/2 way) and I am willing to work with the other holidays such as Spring Break, which he does not have now. The move is 150miles north and 2hrs 15min. I have bought laptops with webcams so they can talk daily-face to face. I am not trying to be selfish, but I want to move my girls. (also to note: he has been in the arrears for 5 yrs and has been non-compliant with CSE for 13 months, knowing I am in financial trouble-living off the sale of my house while looking for a job)What is the name of your state (only U.S. law)?
My question is regarding the realistic potential to relocate the girls. Is it going to be a difficult fight? I have supporting documentation on all of the county by county comparisions showing significant improvement-crime stats, school grades, etc
|
| Unemployed and CS! What to do? |
| Child Support |
| Hi All. My husband has been working a 1099 job for 14 months and was recently laid off. The ex is also coming after him for a small arrears amount through child support enforcement. With the economy being the way it is, we have no idea how long it will take him to get another job. Should he file a TEMPORARY motion to reduce CS while he is unemployed or a regular motion? If so how will that work when he goes before the judge? Will judge greatly reduce or make CS $0 until he is employed again. Will he be required to just start paying normal CS once he obtains employment again? Thank you!
|
| garnished wages |
| Child Support |
i live in texas, and my ex/son live in florida. my wages are garnished, starting on january 8, 2009.
my mediation order stated my ex's attorney would get the information to my employer no later than december 1st, 2008. however, they did not even send it to the judge till december 11th. i paid 1.2 of december because i was unable to pay the other half until later, due to having to be in mediation, and since i missed 3 days of work, i could not give money i didn't have right then. now, my ex is saying i never paid in january, because she didn't get all of the money from my employer till the end of the month, and in her words "therefore, it is february's payment, and not january's so you are behind"...my question is, (and i have been unable to find it online-sorry), is if the money was deducted from my pay IN JANUARY, doesn't that mean it was PAID in january? i pay to the state of florida, and according to my ex, when i am paid every other friday, she gets the money about 3 business days later(so wed-thurs, depending on holidays etc)...SO, how am i paying? if it's paid to her a week after it's deducted, doesn't that mean that she's being paid for that month? or is she recieving payments a "month early"? i don't know, and she's being ruthless about this. my HR woman calls it "real time" payments, which means that she's being paid for the 2 weeks like i am, but my ex is stating since it comes at the end of the month, then it's for the following month.
i'm so confused. and i no longer have my attorney, so asking him is out of the question.
oh and another question, as for some reason, i get mixed answers online about this:
in florida, can i deduct my medicare taxes? whenever i am given a financial affidavit, it only takes off *my* federal taxes, but it counts off my *ex-wifes* medicare & federal. i pay about $25k in federal and medicare, and i'm not being able to deduct the medicare. is that deduction only for the custodial parent? it doesn't ask either parent for SS taxes, so i am assuming that neither of us can count those. if i could, dang, all 3 taxes, make my net income half of my gross income! wow!
thank you so much for any replies
dad43
|
| Please Help Me Keep My Time |
| Child Custody & Visitation |
I posted a thread earlier but apparently it got confusing and some things have changed now so I'm gonna try this again..
My X and I got divorced almost 10 years ago when my daughter was 3. There was a court order giving us joint custody and split visitation 50/50. We stuck to that agreement for the first month, but my X realized she was unable to take her visitation because she didn't have a car, a place to stay, or money. Even with the ordered child support she did not have these things. Because of this issue, I kept my daughter about 90% of the time, with my X taking her occasionally on weekends when she could. I quit paying child support because I had the child, although I didn't have the money to change the paperwork in court. Twice over the next year, I even let my X move in with me because she had no other place to go. When she stayed with me I supported her financially until she got back on her feet. The last time she stayed with me was right before my daughter went into the fourth grade. We had a big argument and I made her move out. She took my daughter with her. Because she didn't have a place to live, she lied to the police and told them that I beat her and my daughter so that she could stay in a shelter. This was a lie though. When I tried to take my daughter back, because I didn't want her in a shelter, my X left the state with her and I couldn't find them for 6 months. Finally, my X called me and told me that she would give me my daughter back if I would come and get her out of an abusive situation she had gotten herself and my daughter into. I agreed and headed to NM where she was at. Along the way, I got detained in TX due to the false charges she had pressed against me in FL to get into the shelter. She then finally wrote a letter to Florida telling them that the claims were false and that I never hurt her or my daughter. When I was finally released and got to NM, I moved her and my daughter into a house where again, I payed the bills and supported her. Instantly she began drinking a lot and fighting with me constantly. She began to get violent and one night, she broke my daughter's arm. After my daughter and I returned from the hospital, I asked her to leave and she got a knife and tried to kill me and my daughter. I spent the night, trapped in a room with my daughter. In the morning as soon as I could get to the phone, I called the police and they made a report. My X committed herself. The social worker gave me a safety contract denying my X the ability to see or talk to my daughter and giving my full custody for the next 6 months. I was supposed to finalize the paper work in FL since I was moving back there, but I didn't have the money. After my X was released she was told that her mental condition was chronic and she would have to take medication to insure she would not be a danger to herself or others. After the 6 month restraining order ended, she began to call my daughter again and slowly (so that I could monitor the situation) she began to see her again too. I wasn't exactly comfortable with this but my daughter seemed very determined to have her mother in her life. She has been seeing my daughter only about 1 weekend a month since then. I had kept it like this because she still showed violent tendencies including being told not to come back to our daughter's school because she attacked my girlfriend at a school event. Then last December, my X took my daughter for the weekend but didn't return her. She met me at the court house and told me that she would put me in jail for non-payment of child support if I didn't sign a paper allowing her to take my daughter with her for 5 months and have primary custody when they returned. (She travels around the country about 5 to 6 months at a time with her job.) I didn't want to but I figured I couldn't fight to get my daughter back if I was in jail, so I signed it. I found out later that she couldn't do that anyway because she has to follow steps first. It was my understanding that the paper meant that our visitation would just switch and I would still have my daughter 50% of the time, but when my X returned to FL she refused my visitation saying she had full custody. We went to a hearing for contempt of court, and they threw out the paper from December since a judge had never signed off on it and returned us back to the original agreement. By this time, I had set up a payment arrangement for the current and back child support. I have also submitted paper work protesting the back child support based on the fact that I have had my daughter 90% of the time and that I supported my X multiple times throughout that time period as well. During the last 6 months, my X has had my daughter in a home schooling program because of the traveling she does. However the program is religious based which violates the custody agreement. Also she is now trying to take away half of my visitation saying that it is necessary for my daughter's home schooling. She has been the one doing the lessons because she refused to let me, and now says that my daughter needs to be with her all but 1 week a month while she travels with her job to do the lessons with her and that she only wants me to have her 2 weekends a month when she is in the state. I don't want my daughter to travel around the country with her mom. I believe that at 13 she needs more stability than that, and I want her back in a public school. Her mother lives in a camper trailer because she travels which is has no room or bed for my daughter, and she is forced to sleep on the floor when she stays with her. This also breaks the custody agreement which states that the child must have her own room. I have called family services but never heard back. Can my X really take away my time with my daughter like that when I have been the primary care giver since she was 3? Don't I have a say in this? Also, what do I need before we go to court to make sure I get my voice heard?
|
| Moving Child Out of State |
| Child Custody & Visitation |
I know this question has been asked repeatedly but I know each state is slightly different and circumstances make each case potentially different.
I would like to eventually move myself and my child out of the state we currently reside in.With my limited income I would rather bypass the whole going to court and getting a lawyer since that would take money away from moving and getting on with a better life. Also would rather not shell out $275 an hour for a lawyer to potentially screw me over like my last one did.
Facts:
Me and the child's father were never married.
Paternity has been established.
I have sole parental responsibilty.
Visitation is open (document says : no visitation is currently set up, if father wants to later on establish visitation we can agree on it or he can take me to court for it)yet father has never seen nor asked about his daughter (she is almost 3).
Nothing in our agreement states anything about needing his permision for us to move (though I believe it to be a Florida law yet cannot find any thing online from a reputable government website).
It does state that both parties are to share pertainent info to one another.
We are not on a speaking of any kind of term with one another. He gets rather nasty if I try and get in touch with him (to inform him child support is late etc.). So I try very hard to not have any contact with him at all.
He has never bought nor purchased anything for our daughter.
His family has never had any type of contact with me or my daughter.
He threatens to get custody of my daughter periodically claiming all sorts of nonesense yet never does anything. More just to work my nerves and make me miserable (or at least I think and hope).
If I could get him to sign a statement saying he allows us to move out of state and have it notarized would this be enough? I want to avoid any type of court situation at all costs. He has already said we could move (though of course if we went to court over it he might just to be a jerk say no).
How I see it this decision should be made between the parents and not the courts. He is not in the picture and I doubt ever will be.
I want to move elsewhere where the cost of living is cheaper and there are better schools and better smaller communities for my child. Also there is a community college there that is about half the cost of the one here that I would like to attend after I establish residency and get settled. I want to be able to make a new life for my child and myself and it is too difficult to do so here.
Thank you.
**edit - here is the link to the Florida law about relocating your child:
[url]http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=61.13001&URL=CH0061/Sec13001.HTM[/url]
New question: If I get him to sign and notarize something stating that we can move do we have to follow this to a T (I mean does it have to include the stuff about time sharing if there is not any to begin with and he does not want any? he could always like it states in our court documents ask for visitation later on and/or take me to court for it):
"2) RELOCATION BY AGREEMENT.--
(a) If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:
1. Reflects consent to the relocation;
2. Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and
3. Describes, if necessary, any transportation arrangements related to access or time-sharing.
(b) If there is an existing cause of action, judgment, or decree of record pertaining to the child's residence or a time-sharing schedule, the parties shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without an evidentiary hearing. "
He has already told me from the time I was pregnant that he will never want anything to do with his daughter, has never seen nor asked about her, yet has threatened to get custody occasionally when he wants to scare me (let's just say he has some "issues" apparently) but has never done anything to try it is just a scare tactic. He has already told me he is fine with us moving and thinks it is a good thing (whether this was for the other person's benefit - the other person listening - I do not know or if he really feels that way - though it would be in his best interest too - he doesn't want a child so if we move away in a sense he won't).
So what I am asking is according to the above that I took straight from the Fla law I will not get in trouble if I move if he signs a paper stating that we can and has it notarized? I mean he will not be able to get me for kidnapping or what have you?? I just want to make sure I fully understand this and am not thinking I do when maybe I don't. Also I am confused by section B could someone explain it to me? Thanks!
|
| Fixing Birth Certificate |
| Adoption |
Hi,
I have been reading through this forum and I am hoping someone will be able to help me. 12 years ago my ex husband decided to take on the role of "father" for my 2 daughters because I was having a child with him. At that time I had "unknown" for their father on their birth certificate. He signed the affidavit and we filed for a new certificate for them under his name.
Today we are divorced and my daughters are 15 and 13, they want to have my last name and remove him from their birth certificate because he is not their biological father and he has not seen them since we got divorced 7 years ago.
I'd like to know how I go about doing this. There is no way he would object to having his name removed and there is no way he would pass a paternity test because he is not their biological father.
Please advise. (Although we got divorced, he does not pay child support for them because we were not married until after our son was born)
Thanks
|
| What Should I do for this Situation? |
| Grandparent’s Rights |
A little info about any legal stuff on mediation aggreement in case it matters.
I am not married, never been, have sole parental responsability for my daughter. Father currently nor has not had any visitation at all, on mediation aggreement it is open. Daughter is 2.5 years old.
I will give a lot of info and examples so you know that I am not being petty.
My problem is my mother. I have stopped letting her see my daughter because of the way she treats me and because of her actions. She has always been a massive liar and has been very selfish and never cared about her own children. She was very emotionally and mentally abusive towards me and had very low life men in her life (ie. drug addicts, alcoholics) while I was growing up. She has recently in the last 2 years (since my daughter was born) started lying to my family about me and has now gotten them all against me and not talking to me.
This recently got very bad during this past holiday whereas because of her lies our plans for the 4th were cancelled. She also while holding my daughter started cussing me out and saying very horrible things about me. I told her that her behaviour was inappropiate where she then started just act even more crazy and started pretty much doing the na na na na like a child would do if they were trying to ignore you. May I remind you that she is 60 years old.
Since then I have not spoken to her and told her she was not allowed to see my daughter. 2 days later she attempted to pick up my daughter from daycare (I had already told them she was no longer allowed because the carseat she has is unsafe - 11 years old and straps are so loose and cannot be tightened). Today she came over and proceeded to get nasty with me when I told her she could not see my daughter. She started being loud and and as usual making up lies about me saying these things purposely so my neighbors would hear her. She than yelled that she was going to "report me" and stormed off in her car beeping her horn over and over again as she left to make a scene.
I am not at all close to my neighbors but my mother has behaved like this numerous times and I am sure they all hate me and think the absolutely worst of me. I mean for someone's own mother to behave that way it must be the child's fault right? Would be how most would react.
The problem is this: my mother lies so much that pretty much everything that comes out of her mouth is a lie. She will more than likely now track down my daughters father and become allies with him (he is a very vengeful person and has threatened time and time again to get custody of my daughter) or my mother will contact whatever authorities and claim I am unstable, hurting my child, you name it whatever it takes. This will cause an investagation which my daughter's father will find out about this in turn will cause massive problems for me. She also claimed she will get a lawyer (she has no money but I am sure she can lie her way into finding a way to get one).
I have absolutely no money for a lawyer and no credit cards either. I have no one to borrow money from nor anyone whom could help me in anyway shape or form (currently friendless). In the state of Florida you cannot get a lawyer for free for any type of custody or these circumstances.
I do not want any of this to get out of hand and trying to be a reasonable adult and talk these matters through with my mother is a no go. She is not reasonable nor has ever been. Dsyfunctional doesn't even describe my family it is too nice of a word. Which is another reason I do not want my mother in my daughter's life - I want to try and have a somewhat normal homelife and family for her and not the crazy one I had growing up.
I don't even know what I am asking I just desperately need advice on this matter and opinions.
Am I in the wrong for not wanting her in my daughter's life? I just don't feel it is appropiate for her to be in her life when she tells horrible lies to my daughter about me and just lies so much in general. She also refuses to follow any of my parenting rules.
Thank you and I am sorry that this post was so very long.
|
| Help! Fla Parenting Plan Questions |
| Child Custody & Visitation |
I posted recently for a friend of mine's situation regarding her EX-Husband whom lives in another country and had been claiming he is not the bio dad yet refuses to submit to the DNA, and harassing his EX-Wife online and court papers state no contact with child til he petitions for visitation.
She was told via court he should do the DNA as he is the one disputing, but as I said he refuses. He claims she has kept him from his 'legal' child. She has sole parental custody.
Now my question is, being he has never attempted to file papers for his visitation rights, never made any attempts to be civil towards her, calling child services on her, calling cops stating she kidnapped his alledged child, denying he knew where she resides, but knew where. She was told ( by courthouse coordinator whom helped her with divorce papers, PRO SE ) he is to have a physical address for her as he was harassing her all the time, reports made with local police depts, prior threats made....etc., since he can't be civil, he is not to have her real info.
Under the FLA Parenting Plan, how can she file papers for this? He refuses to give her his address in the country he lives in, and he emailed ME now stating he was going to apply for custody as he is married, lives with his wife and he can provide a more stable environment, when he knows nothing about her life or his childs life!
Her child is attending school, has a pretty happy home life and is well grounded. She has given her child love, put her childs needs before her own, as she should as a parent, food, comfort, as well as a roof over their heads all this time.
Her EX has never made any attempt to be involved in his childs life and when he DID, all he did was call to scream and shout and all hours of the night and day so he has NO number to reach her, just a physical address as he abused knowing the phone number, as well as home address as he sent police over once a month, or DCF every few months to do well checks and made false allegations against my friend. Cases closed within the week or so once they saw he made calls with malice intent and his emails admitting he was calling.
She is fearing since she is not working at the moment ( lives with roommate ) though her child is well taken care of and she has provided for him since birth, my friend thinks her ex would have some chance of full custody, cause he is now changing his tune, acting like he wants to be father of the year and establish a relationship and is the better parent.
Anyone know how the new Parenting Plan works for Florida? She was hoping to speak to an Attorney over this issue, and go to court on her own if needed being she cannot afford counsel at this time.
She is not opposed to his visiting the child, as long as it is supervised, as she does not trust her EX husband or his partner after threats made and his vendetta against her all these years ( well over 5 yrs of threats and a vendetta ) thats ongoing.
He dragged me into it emailing me since he cannot reach her as she had closed her account.
Sorry so long, it truly is a unique situation and Ive had to change MY number as he was calling harassing ME, wanting to know where his alledged child was and where she was and he would see me in court for collusion keeping him from his alleged child! He is WACKED OUT!
Thank you anyone whom can help.
|
| My 3 year old granddaughter |
| Child Support |
My ex son in law is taking my daughter to caught to modify child support. He presently owes over $15,000 in back support and hasn't paid child support in over a year. He got laid over a year and a half ago and hasn't paid support. He is now taking my daughter to court for this modification.
My daughter was making very good money but for the past couple of months, business has been bad and she hasn't made any commission. I just started paying for daycare and my ex-husband is paying for her other bills and she is hoping to sell the house with a short sale because she can't afford to pay the mortgage.
She used her divorce attorney to help her with child support and the money the judge ordered the ex to pay or go to jail, had to go to the attorney.
Is there a way my daughter could be in court without an attorney but have someone represent her?
How does my daughter do this without having to pay an attorney? He needs to pay child support and if he doesn't have a job, it's time he made an attempt.
I can barely support myself and now I am paying for my granddaughter's daycare and my ex is helping too. My daughter goes to work every day and up until a few months ago was the sole supporter of her daughter.
How does she get her ex to take responsibility or suffer the consequences?
I am sick about this. I love my daughter and granddaughter and would do anything to make sure they are taken care of. I'll put food in their mouths before I put it in mine. My ex son in law lives with his parents. He eats quite well.
Need to know how to help my daughter with the courts. I would appreciate the advice please.
|
| Please, help with Custody matter. |
| Child Custody & Visitation |
I live in Florida. I'm 16 years old.
Okay, So I'm going to live with my mother because:
1: My dad's crazy, and abuses me verbally every day
2: He said he doesn't want me here and told me he wants me gone.
3: He has/had a illegal drug problem.(Don't know for sure if he still does them)
4: Living here is bad for my mental health.
So, I'm going to live with My mother, but he has full custody over me..
And I don't want him in half a year to say he wants me to move back in with him. I need to do something.. My mom doesn't have much money.. She wont be able to afford a 10,000$ court battle for custody..
I don't know what to do please help?
I really don't know what to do.. Please don't tell me to have my mother post on here.
|
| Question about combining motions |
| Child Custody & Visitation |
BF was awarded custody of his son in March of 07. We moved to PA in Sept 07 (with permission from the courts). Mom of son moved to GA in Dec 07 (I think, a little fuzzy on that date). Mom never changed her address with the courts.
Mom has not exercised visitation or kept constant phone contact since she moved. Order was written so that she had to contact son, so that she couldn't say that bf was not calling her to establish contact - judge made this determination since mother had moved over 26 times in 4 years with son, one of the reasons for her losing cusotdy. He hasn't heard from her since before Easter and before that it was July of the previous year. We have kept the same number from FL and have not changed it to a PA number. Mother has both father’s number and my number, neither number has changed, email addresses have stayed the same also.
Although a separate issue, it ties into a later question - Mother has a warrant out for failing to complete a parenting class during her divorce of her second child's father (that father has custody of that son also, he has a no contact order in place on that order).
Father (BF) is filing contempt on non-payment of child support. Mother's driver's license was suspended in 07 and has not been reinstated. To date, she has not paid a single penny on cs, and has not filed anything for a modification to lower (she says she is unemployed, but he doesn’t believe she has been unemployed for the full 2 years). $7000 in unpaid cs, no reimbursement of any medical expenses (there haven't had any big ones, just out of pocket co-pays and he could care less if those are reimbursed, he hasn't sent any notice of those either, since he doesn't have address for her)
BF and I traveled out of the country for vacation. We found out, unpleasantly, that the original order of protection that she filed against him 6 years ago, flagged his passport. He had to have a full inspection and questioning. When he received custody, they "consolidated" the order of protection that she filed with the paternity suit. How would he have the order of protection dismissed without it affecting the paternity suit? He was informed at the airport that until this is taken care of, he will have to go through this every time he travels. His son was not with us during this trip, since bf doesn’t have a passport for him (another issue).
The last contact with mom was around Easter was BF asking for permission to get son a passport. He had to email her through myspace. She said no. He told her that he will request it through the courts and they can make the determination. BF has family in Europe that would like us to visit and they would pay for kids’ tickets if we pay for ours (yay!). (There are 2 kids, his with ex, and our 1 together)
His questions are:
How would he have the order of protection dismissed without it affecting the paternity suit?
Will he be able to file a "vacate order of protection", a "contempt of child support", a "request to move jurisdiction" and "request for child passport" in the same motion? He would like to have everything taken care of in one shot.
He has a lawyer in FL and BF will fly down for the hearing. For obvious reasons, he would like to have the jurisdiction changed to avoid having to do this in the future since neither him nor mom live in FL any longer. Additionally, how will her warrant affect her being served and able to appear for court? Will she be arrested when they serve her since it is active, or will they wait until after she appears for court? Our lawyer told him that IF she isn't arrested when served, then he would alert the magistrate or sheriff (not sure what they are called in the courthouse) so that they can take care of that after my BF has left the courtroom after the hearing. He doesn’t want her arrested, but the warrant does not involve him. If he hadn’t had to be strip searched and probed then he would have continued life without having to “stir the pot” in the first place, but since we have plans to continue traveling, and he would like to include their son in those plans, he will have to go to court regardless.
|
| Angry and frustrated |
| Divorce, Separation & Annulment |
| What is the name of your state (only U.S. law)? Florida..I have a question and in need of help, answers and prayers. I have been divorced since 1997 with an indefinite restraining order attached(children 18,19 and 12 now) My job has transferred me 1 year ago which caused the courts to grant me a leave to sell the marital property because the ex-husband could not buy me out. We both had agreed on the transfer of the kids as well only to find out the ex husband only interest was the house. The courts ordered only ME the former wife to hire a license realtor to place the home for sale. I have done all the courts asked of me to do. I still pay the mortgage and maintenance of the property, not the ex husband. Well, to shorten this story filled with hurt and anger, the ex husband was very upset because he could not move into the home. He knew my mailing address was changed because he used to tamper with my mail all the time. I have a po box. I am only 3 hrs away from the home and I travel back and forth, all holiday vacation, summer as well. I still do alot of assignments at my old job til the transfer is complete. I have been employed here for over 19 years. Well, my ex husband purged the courts(a different judge) by stating I have abandoned the property and he cannot locate me for over 2 years. Must i remind you we were just in court last year. He gave the courts the wrong address knowing I would not get the mail to attend court over this matter, which caused the courts to drop the restraining order. He lied and this is purgery? I was at the home in the meantime which caused the two of us to crash with sheriffs and all the nine yards. When I returned home, he made sure i got a copy after the judge signed off. I am in tears and have since then filed a civil form with the courts because there is already a judgement in force that he did not abide by. Help!!!!!He is just trying to move into the home and stop the sale of the property. I still have my belongings there and this is where me and the kids stay when we come down. The home is showing rapidly.
|
| Child support and lost of income |
| Child Support |
I have my own business and the business has declined over 70 Percent. The business had to reduce my income by 70 percent.
Here are the issues that I am having.
I currently pay my ex-wife 517.00 a month for 1 child which we settles on through her lawyer 5 years a ago.
Also in the settlement there is a clause to pay for the childs education and other expenses.
Here is what I am paying:
Child Support 517.00
Childs bus fair 175.00 3 times from Aug to May
Insurance 161.00
Florida College Plan 33.00
Aug to may 354.00 private school
doctors and perscriptions 25.00 to 150.00 a month
I can no longer afford many of these expenses, I do not have enough money to a lawyer and I am seeking legal advice on how I can take the right steps so that I can reduce my payments. I am still working but limited time due to medial reasons, I have top pace my day but I still can work from home and pace my days.
Questions:
Can I do this on my own without a lawyer
Since I agreed to pay for my childs school can this be reversed?
If I just pay the 517.00 and health insurance can I get in trouble.
Thank youWhat is the name of your state (only U.S. law)?
|
| Temporary relocation. |
| Child Custody & Visitation |
| I live in Orange County Florida. For the past 15 months I (Mother) have been in a custody/paternity case over my 3 year old daughter. Her father and I were never married, resided together for 13 months after her birth. I left the relationship because of abuse, He was not on the birth cert untill December after it was stipulated, He violated a court order and abducted her for 10 days and was found in civil contempt, was jailed for direct criminal contempt after lying to the judge and the parenting evaluator about his drug use, at the present time he is exercising supervised time sharing through the court appointed family ties program, the parenting evaluator recommended i have sole parental responsibillity, all major decision making, and the child reside with me and no over night visits with dad, she also recommended drug therapy for dad and commented on his anger problem, my daughters pediatrician also testified about a molestation report made to the abuse hotline after the abduction, my therapist testified about my PTS disorder due to the abuse, she also made a call to the abuse hotline regarding her concern for the child in the father's care... now that you have the meat and potatoes of this case, I got a job in Ohio. I have been activly searching for work over 5 months and found nothing in the Florida area after over 100 applications, the fathers attorney has fallen ill and is in the hospital with non hodgkins lymphoma. I was in court today on an exparte for temp relocation pending hearing so that I can take this job. The oposing counsel did not show, so the judge called the firm. Today after the hearing his firm has faxed to my counsel and the judge, a motion to withdraw and did not include a request for continuance. I was told that this withdrawl is for the entire firm, not just the attorney that represented him. Can I still be granted this temp relocation so that I don't loose out on this job or does the judge have to wait for the opposing side to find new representation?
|
| Child missing dispute |
| Marriage, Domestic Partnerships and Other Family Law Matters |
| My daughter is legally married to who may or not be the father of her daughter. She gave me guardianship for a couple of months till she could get on her feet. She has allowed her estranged husband to see her daughter and he will now not return her. Paternity has not been established. He has contacted an attorney and has a court date to gain custody. Is he obligated to her return her to me since I have guardianship? Can he take this child without knowing paternity and not return her? He will not give his where a bouts only when the court date is. He has also left the State of Georgia where I have guardianship of her. We have called the police and they have not been any help. What are our options??????
|
| Judge ignores FL law |
| Child Custody & Visitation |
I need some advice, whether it's just some helpful links to legal aid, or if anyone knows what steps I have to take. It's a long story so here goes...
My fiance has a daughter with his ex-girlfriend. His ex kept their daughter out of his life for the first 2 1/2 years until she finally had a "change of heart" and allowed him to come meet her. This was in August of 2008 that we met her. In February 2009, my fiance was ordered to take a DNA test to prove he was the father. He cooperated and did everything he was supposed to, knowing he would probably be made to owe her money. But that also meant he would get his rights. In March 2009, the mother got into a car accident with the daughter Jordan in the car. The mother did not make it, but thankfully my fiances little girl did. His daughter was in ICU for almost a week. While she was in the hospital, the DNA results came in, proving that he was definetely her father. The hospital then made sure all decisions were made by him,(everything was under maternal grandmother's control until then). He gave the maternal grandmother permission to bring his daughter to her home to mourn the loss of her mother. He understood the grandmother needed her time. When Easter came, we drove 4 hours to the Grandmothers house to pick up Jordan so she could spend the day with her daddy and his family, we were having a big family party. We even gave her notice. When we got there, she refused to let us take her. The cops wouldnt deal with it because no one had paperwork from the courts stating who had custody. Since then, there has been two hearings, both of which my fiance has had proof that the grandmother has lied on her petitions. The first hearing we had a lawyer, and the judge specifically told the grandmother that grandparent rights are dead in FL and she could not order my fiance to give the grandmother visitation. The grandmother was able to keep Jordan in her home for two more weeks after that, calling it a "transitional period", which was understandable for Jordan's sake. After two weeks passed, my fiance and the grandmother met at one of Jordans dr appointments and after her appointment, I helped the grandmother put Jordans belonging in our trunk and Jordan left with us. The second hearing took place because the grandmother filed another petition that was also full of lies. This judge seemed like he was already on the grandmother's side before my fiance even got there. The judge didn't care what he had to say(we couldnt afford an attorney this time), and didn't even want to see his proof that the grandmother has once again lied on another petition. During the hearing, the attorney for the grandmother kept referring to her as "the mom" and the judge never corrected her. The judge even stated that if this case would have came in front of him sooner, that he would have just given Jordan to the grandmother. But because Jordan has now been living with us for two months, he said he wont take her from us. This hearing was on this past tuesday (7/28/09). The judges orders were: This friday, the grandmother gets Jordan and has her for two weeks. And after that, she gets her EVERY OTHER weekend. As I said before, she lives about 4 hours away from us. Her attorney claimed she picked a halfway point for us to drive to so we can drop her off, and then go pick her up, but this is no halfway point. We are driving a little while longer than the grandmother will have to. Meanwhile, Jordan is going to get so confused. She knows her grandmother, I know she was around her more than she was her own mother. Her mother wasn't exactly always in the picture. The grandmother stepped in a lot, supposedly, when the mother was out of the picture.
Sorry this is so long, but I know there would be a lot of questions and I hope this already answers most of them. I might have missed some details, so dont hesitate to ask me anything. We just really need help, between needing affordable legal help, and any steps we are supposed to take to find out if this second judge is allowed to do this. We have a feeling that the grandmother and her attorney know this judge. He has over-ruled what the first judge ordered, AND going against what we were told by a judge was FL law.
~Sarah
|
| custody |
| Child Custody & Visitation |
| I am a 29 year old mother of a 1 year old boy. I have been working with the state of Florida since 1998. I have been married for three years. Our marriage is rocky and there has been some physical violence from my husband that has not been reported. I would love for my marriage to be happy, but I am not so sure it will ever be. I would like to leave, however I do not want to give my son to my husband. He has also been married before and has two kids from that marriage that he does not have custody of. He keeps telling me that if I leave he will get custody of our son. Does anyone know what his chances might be?
|
| Worried aobut visitation |
| Child Custody & Visitation |
I am the mother of a 13 month old daughter. Her father and I have recently separated and were never married. He is planning to go to a lawyer to get visitation squared away and then plans to move to Florida because his family owns a home there and he wouldn't have to pay rent. He is currently fileing bankruptsy and is unemployed. He plans to look for employment there and would like to take our daughter to visit his family in New York eventually.
He has made it very clear that he would love to have custody of our daughter but doesn't plan to fight me for her. I am very concerned that if he takes her out of state, I will never see her again. Is there any way I can keep him from taking out of state for visitation?
|
| Single Father Needs Help |
| Child Custody & Visitation |
| I am a single father of a 12 year old daughter. My daughter has lived with me over the past 9 years for about 90% of the year, because her mother was not capable of taking her visitation (no car, money, or place to stay). I never payed the child support because my daughter lived with me. The only time she lived with her Mom, was when I allowed her mother to live with us temporarily and her mother broke her arm. I have paper work to show the abuse including the child services and police reports. Then, last December, my wife blackmailed me into signing a paper giving her the right to take my daughter for 5 months and then take over as the primary parent telling me that she would put me in jail for non payment of child support if i didn't. She has been home schooling my daughter because she travels all over the country for her job and can't keep my child in a public school. Also, she lives in a camper trailer hooked to the back of her truck because she moves everywhere. My daughter doesn't have a bed room or a bed. She sleeps on the floor of the living room. I am buying a house where my daughter has her own room in the school district where she has gone to school for the past 7 years. Now to top it all off, she is trying for full custody. She is claiming that since she travels for her job it is in the best interest for the child to travel with her and only see me 1 week a month. I do not feel it is good for my daughter to be moving around that much and don't want her traveling with her mother. We recently went to court and the judge through out the form that my x black mailed me to sign but she just reinstated the original custody agreement which gives us equal rights (I never had the money to get it changed before). I tried protesting due to living conditions at her mom's but the judge said that she couldn't take my claims into consideration because i didn't have proof. Is there a way to get the past child support dismissed since I had my daughter? And any advice on how to keep custody or even just get full custody would be greatly appreciated too.
|
| Help with Back Child support |
| Child Support |
I'm not a parent, But I'm a 16 year old that has lived with my dad for about eight years. My mom never paid child support, while my dad did for my other brother living with my mom. My mom owes my dad a lot of money in back child support for me, but I don't think she should have to pay it. I'm going to live with my Mother in about 5~15 days and even when I go to live with her is she still going to owe my father the back child support? He's never spent any money from child support on me only on things he wants such as cigarettes and illegal drugs.
He basically told me he doesn't want me here any more and has been verbally harassing me every day, so he basically kicked me out with out kicking me out.
I'm happy to go to live with my mother and I don't want her paying my father ANY money, He doesn't deserve it.
Is there any way she can not have to pay it back to him?
Both of my parents live in the State of Florida if that helps at all.
If I get some information showing that there's a chance if my mother goes to court or a lawyer then she might not have to pay, I could tell her and she might go along with it,
Thank you so much for your time in reading this even if you don't have an answer.
|
| Child Support and Relocation (Move Away) |
| Child Custody & Visitation |
I’ve been a silent reader on this forum since my STBX or now my X filing the divorce paper. (Pssss…. I don’t think he knows that I know he post on this forum before). I am very impress with the knowledgeable people on this forum and some of the comments are a little bit harsh  My post will be a little bit long and I hope nobody fall asleep reading it. If my post is at the wrong thread, please point me to the right direction.
Last May, our divorce was finalized and he agreed when I asked for sole (Physical and Legal) custody so he can have whatever properties we have except for the car. He has to sell the car and split the money with me. I want to have some cash for an emergency incase anything happens or maybe I’ll need to buy my own car. Right now I am driving a car provided by my office. He doesn’t think I deserve it and he needs the car to go to work and pick up our son during his visitation. At the end, he wants to keep the car and pay me monthly payment since his credit is really bad and he has to pay a very high interest rate if he gets a loan. I agreed and the court ordered him to make the monthly payment of $200 for 36 months since that’s the amount he can afford. He has to pay directly to me for child support and car payment. Another thing he agreed was our child and I can move anywhere I want since I have no family here. At the court, they can’t accept that since I didn’t know when I want to move. I don’t have the exact date because I would like to give them (Father and Son) a chance to bond and involve in each other lives. So my son is under jurisdiction in the county we’re living now.
Here come the problems I am having;
The visitation ordered by the court; he was suppose to pick up our son from my house at noon and sent our son back on Sunday evening. He never done that, he usually stays at my house for a few hours and left. A couple times he took our son to the park nearby. Two weeks ago, he can’t come to see our son because he’s waiting on a cable guy. Last week, he has to work and want to come see our son on Sunday. I already made plans to spend the time with our son for my birthday. My X was very mad and blaming me because he can’t see his son for 2 weeks straight. He threatens not to give me a penny if I won’t let him see his son. I never said he can’t see our son, he knows he can come any day and anytime. This is the first time I wouldn’t change my plans since we separated. What can I do if he’s not giving me the child support? Can I file for CSE Services? If I filed, I realized that they would review his income. I know for a fact that he’s making more than the amount he declared. I didn’t say anything because he said he barely could support himself. I am afraid they will deduct more….. that will only get him into a deeper hole. I only want the amount he was supposed to pay me, nothing more and nothing less. He always late with the payment and every time I told him I'm going to file with CSE so I don't have to worry chasing the money, he said I can't do that. I don't know what I'm talking about... on and on....
Second issues are; He only made the car payment once. He can’t pay me the next payment because he just spent a lot of money to fix the car. What upset me the most was he’s using a credit card to pay it and he got pay 3 times this month. I am not sure what to do about this. Do I have to bring him back to court?
Third issues; I think it is best for our son if I move back to my country (Asia). I really don’t think it is good for him to see his dad whenever it is convenient for him. Our son is almost 2 years old and his dad is not really involved in his life. I’ll have all my family there, lower cost of living and hopefully better income. I also believed that our son would feel better if he didn’t know that his father couldn’t put him as his first priority.
Thank you in advance for all your help.
|
| Will I go to jail? |
| Child Support |
What is the name of your state (only U.S. law)? Florida
I have court in a couple weeks for not paying support.. I was paying when I was working a part job.. I became pregnant and my Ob dr put me on strict bed rest due to pregnancy complications.. I have my son 4 weeks early and he was in the NICU for 3 weeks.. When he came home he was a on a heart monitor called an apnea machine.. He was on that for 5 months.. While he was on this machine i did not feel comfortable to put him into a daycare due to him having apnea spells ( for those who dont know what that is.. he stops breathing when he sleeps.) He had these spells alot.. He was hospitalized many times for the same thing.. When he was taken off the apnea monitor he was put on a nebulizer for his allergies.. The father of my daughter is trying to put me in jail for not paying support.. i have proof of all the things listed above.. Do you think I would still go to jail even with the proof? And for how long.. I am a single mother to my oldest being 12 yrs and my son who is 9 months.. Their father is not in their lives so I have no one who can keep them if I was put in jail.. If anyone has any insight of this situation please let me know.. I really can not go to jail because I am scared my kids will be put in foster care. 
Another question.. Does he have the right for unsupervised visitations?
I have a 9 month old son with a registered sex offender. He is still on probation for another 2 years for this crime.. we are about to go to court for child support.. My questions is.. In Florida do they allow unsupervised visitation with a child? I dont feel comfortable with allowing my son to be alone with his father for visits unsupervised.. He was going to his fathers every other weekend with the agreement that it is supervised by my sons grandmother. I showed up one day to get him early and there was no one there with them (my son and his father) I stopped over nights with him right away.. I would hope he wouldnt hurt his son in that matter but I just dont know.. I was also having issues with my sons fathers girlfriend.. My parents dropped my son off at his fathers for a night as I had just had surgery and while she was leaving his girlfriend said they were going to kid nap him.. He has not been out to his fathers without me since.. When we go to court for visitation, can I ask the judge for supervised visitation until my son is old enough to tell me what is going on? Any advice would be helpful.
|
| ex moving military |
| Child Custody & Visitation |
Decree is in Florida...I am in the process of getting the order registerd in New York...I am living in new York now too...my ex moved here since her husband got stationed here (he is military)
They have been in New York for 3.5 years and i have been here for 6 months...I moved there to be closer to the kids.
Now she is saying that her husband is coming down on orders again and they will more than likely be moving by the end of the year.
In our Florida decree i agreed to relocation, and she has moved 2x due to her husbands military career. But now i am here and wanted to see what my chances would be to stop the kids from leaving in the New York courts.
If not the new York courts then I have read that Florida courts have new statutes as of 2008 about relocation. Our decree is from 2002...would those new statues override the fact that I gave her permission to relocate with the kids?
Like I said i am registering the order up here and trying to get it modified as my ex illegally gained an ex parte order order that orders me to supervised visits only.
|
| Help for a stepmom |
| Child Custody & Visitation |
| What is the name of your state (only U.S. law)? Florida, I am in Iraq right now working. I have a 13 y/o son that has lived back and forth with me and his mother for different reason. When I left for Iraq he was with his mother. About 2 weeks ago he called my wife his step mom and said he wanted to move back home. My wife drives the 2 hrs picks him up from his mother house. His mother is fine with all of this. Now we can not get a hold of her to find out what she wants to do. My wife being a step perant only has so many rights. He needs to be signed up for school, Dr. appt. and all of the other stuff that goes with that. We have talked with my son's Grand mother who has 3 of her other kids and she has no way to contact her. Do I want to get DCF involved? Any help would be great.What is the name of your state (only U.S. law)?
|
| ex husband arguing with support |
| Child Support |
last fall my ex and i with our lawyers attended mediation. apparently he was not told by his lawyer to bring ALL of his paystubs, so he brought the most recent one. so support was based on his gross at that time. he keeps stating he has season work, and now that my son is entering kindergarten, and i'm going to college and not working, that his amount should not be so high since our son will not be in child care anymore. the state says he should pay 1000, but i agreed to 750. in mediation, i volunteered to pick our son up from where he lives, if he picked him up from my house. i do not have the money to go and get him, and he and his wife both say that neither of them can take the time off to bring him home.
he is now trying to get the support lowered to at or around 600, and i am trying to get it raised up to the 1065 the state calculator came up with when the mediator did temporary support. we have another mediation in september, followed 2 weeks later with a pretrial conference and then an actual trial a week later. he is also arguing that HE cannot take time off for the 3 dates in september, and wants to work this out on between ourselves. it costs us each about 300 for mediation, and he keeps whining that with his job, that he will have to take right at 12 BUSINESS days off(his words), and his company has told him that although they understand his plight that they're not going to give him that much time off, and it's probably time he started looking for another job...
i guess what i am asking, is if he gets fired b/c he attends our court dates, is my child support going to get lowered? i mean, it's his job! i have to take 3 days of school and work to do this, but i get it done! he lives in louisianna, and keeps arguing he wants to see about stretching the dates farther. he works offshore, and although he was able to stay at home this summer much more for our son to be there, i guess his company told him "you work offshore, or you don't have a job"...and keeps complaining that it's like 10 hours drive time, and then he has to get a hotel, and then for the 2nd and 3rd court dates(5 days apart), that he has to get a hotel for an entire weekend, b/c it's not worth going home and coming back! also, he keeps telling me my son has been beating on his newborn, and that he flips people off, and is not listening in general, but my son is usually the victim in pre-k when it comes to these things, and i just can't believe this stuff! can i bring this up to the judge that he's making things up? i do know that at one point in time, his mother told me that she's seen my son "push" the baby across a floor using his forehead, but for all i know she's just taking sides! i really just don't know what to do! and i make good money, and so does my husband, but if he's able to get his child support lowered, well i don't know what i'm going to do! i really need that money! my ex husband does buy him alot of clothing, shoes and toys, and his wife does "school shopping" for my son, but still! that extra money goes to help pay my rent!
are these points that can be brought to the judges attention? also, he keeps arguing that he lives in a very bad area(which from friends, i've learned he's being truthful there), because they cannot afford to live anywhere else. can i bring this up to the judge as well? i don't want my son in an area that is allegedly ridden with gangs and drugs? can i ask that my ex be requested to move to a better area, or that his visitation be suspended?
i apologize for such a long post, but i am very worried about this! thank you anyone, who offers a suggestion or comment!
also, due to other issues before the child support, he is requesting i pay his remaining legal $ balance to his old lawyer, b/c he had to forego the lawyer since he was no longer to afford it! i already had to give him "credit" towards back child support from a loan he took out for me! what more?!
|
| Paying support to the ex and the minor lives with me |
| Child Support |
My fiance child support is paid directly to the state from his employer and we need to know how we can stop this because the minor has been living with us for several years now. We do not financially have the means to get an attorney to go to court.
We have a document nortarized by the exwife stating that she could not take care of the minor and was giving him custody and full responsibility of the child. She is still collecting the child support checks every week. She would cash the checks and give them to the minor to bring home with here on the weekends that her mom wants to see her. But now since she is remarried and has 2 other children we dont see the money at all.
How can we resolve this without having to get an attorney.
|
| Will I REALLY be held responsible for this? |
| Child Support |
I posted a while ago that my ex husband is taking me back to court to have his child support lowered.
This is a man who is more than $3000 behind in child support. (I KNOW thats not a lot compared to a lot of other people who are behind.)
When he first came to me I felt threatened and bullied into signing the first paper saying he could get it lowered. When he confronted me outside a movie theater a few weeks later with more paperwork I decided to get on the phone with the court house and find out if I HAD to sign this paperwork. I was told I absolutely did not and should not sign it. To wait until it is officially served instead of letting him hand deliver it himself.
When he found out I wasnt going to sign he had a fit and told me he didnt have a problem paying for a lawyer and was taking me to court.
Now, keep in mind the 3 thousand dollars he is behind in child support. Plus half a credit card bill he was ordered to pay that he never paid a dime on. But yet..he has the money to get a lawyer??
So I told him to take me to court.
I really dont care if a judge lowers it. But I have decided I am no longer going to let my ex off the hook for every little thing. I am not going to make this easy for him. I have been doing that since we got divorced to try and keep the peace and make things as stress free as possible for me and our son. The day he showed up at the movie theater our son was there. He treated our son like a stranger. Like he didnt know him! When he walked away our son stood there fighting back tears. That was the day I decided I wasnt going to let him have the easy way out. He hadnt taken his court appointed weekends with our son in about three months prior to all this. He was working, was too busy, was going out of town, was sick. As soon as I told him he could take me to court he decided he would start getting him again. Only he doesnt see him...the girlfriend watches him.
Since then there was a big blow up when I decided I was
A.) No longer going to drive our son to and from his city for his weekends. I started doing this as a favor the first summer we were divorced because I thought it was only going to be for a few weeks. Then he started expecting me to do it and I was too scared to say no. Its supposed to be half way. Its not. I didnt know this until recently but its almost right where they live. And its a long hot drive for me and our son in a car with no air conditioner...not to mention the expense of gas. Plus, there is no court order demanding that I do this as when we got divorced he lied and said he was still living in this city at his grandparent's house and it was only a few minutes from where I lived.
B.) I also decided I was no longer going to communicate with the girlfriend. They both try to bully me and I am not going to take it anymore. She is not the parent and there is no reason why he can not communicate directly with me concerning our son.
C.) I refuse to communicate with him about anything not pertaining to our child. And I only speak directly to him when I have to. I usually use text message or voice mail so that way I have a record of the aggressiveness of their communication with me.
So...to make a long story even longer: Today the papers from his lawyer came in the mail. I thought the paperwork had been filed awhile ago because when I tried to file with the department that would go after him for the back child support (sorry...cant remember right now what that is) I was told that I couldnt because there was already a case pending against me. This was more than a month ago. But the paperwork from his lawyer was filed on July 23rd.
Imagine my shock when I read that not only does he want the child support lowered to less than half of what he is paying (that wasnt the shock) but that he also wants it court ordered that I meet him half way (he moved almost as soon as we seperated but refused to change his address because his girlfriend didnt want me to know it. So for two years he went off to his dad's and I had no clue where he was. I just got the address about a year ago when their relationship was rocky and he gave in and gave it to me.) to where HE CHOSE TO MOVE TO. We still live in the same place we did when he threw us out of his grandparent's house. This is also not a shock because the day of the big blow up he told me he was going to see what he could do to change the fact that I dont have a court order ordering me to drive all the way there.
The BIG SHOCK is....he and his attorney want ME to pay his court and attorney fees!!!!!!!!
Will a judge actually order me to do that?! When HE is the one who filed, HE is the one with a lawyer (I dont have one but for some reason he thinks I do), HE is the one wanting his child support lowered and HE is the one $3000 plus behind on his child support???
I am having heart failure over this!!! I KNOW he wouldnt have taken this kind of gamble if he didnt think there was a 110% chance that a judge would give it to him since he supposedly doesnt have any money. Thus wanting to lower his child support.
He didnt work for about 3 months. Then he got a less than part time job that pays about 9 dollars an hour and he refuses to look for anything else or get a second job. I have worked 2 and 3 jobs since we seperated to pay my bills and support our son. I worked hard and was promoted from overnight shift to assistant supervisor to supervisor. I cant believe this man is doing this.
One more question. Will this go to mediation before court or will it go straight to a judge? My ex got the same lawyer he had when we got divorced (I also did not have a lawyer then either but we settled everything in mediation.) and this man is the biggest BLEEP I have ever met! Seriously!! He actually accused me of trying to keep our son from his father because I simply wanted to change his weekend to the opposite weekend. And everytime the mediator would leave my room to go do something, he would come in it and try to bully me into doing whatever they wanted me to do. He is a HUGE man and I hoped I never had to see him again!!
I wasnt worried about all this until I saw he had retained the same laywer...and that he wants me to foot the bill for it.
|
| sign away rights |
| Child Custody & Visitation |
| My question is what would I have to do to sign away my parental rights?
|
| Supervised visits |
| Child Custody & Visitation |
| Two years ago I was granted permission through the court to move to Texas with my daughter. In that order all visits would be supervised by my daughter's grandmother, step-grandfather, grandfather or a licensed child care provider. My daughter is now in Florida visiting her father. I have learned that people such as Aunts and others are watching my daughter while her grandmother goes to work. Therefore they are not following the current court order. I have recieved a court date for August 27th, for a Custody Modification. I have been told by the self-help program that my daughter's father has filled for this modification. I have not recieved anything, and do not know what he is asking for the court to grant. I assume that he is asking for unsupervised visits. He has no job, lives with his mother, has no drivers license, and has a history of drug use and being mentally unstable. I want for the visits to remain suppervised, I don't feel that he can care for himself much less a 6year old child. My real question is : If the court grants unsupervised visits can I ask the court to designate my daughter's Grandmother's house as the place where the visitation takes place? At least I know someone will be there at sometime and my daughter's father won't run the streets with her, she will be feed, and taken care of.
|
| The custody I'm really looking for |
| Child Custody & Visitation |
My wife and I want joint legal custody for both of my daughters
She wants to be primary caregiver
She specifically states that she wants sole physical custody with me having granted visitation.
I want to be able to have my daughters stay with me 3 nights a week or biweekly. I thought this was a standard visitation arrangement, but dont know what it is actually referred to as.
My wife said that "open visitation" would allow us to arrange it how we like and deal with each other. However, a friend of mine who went through divorce and child custody told me open visitation merely means there wont need to be someone appointed to be present for my visitation.
So, what would one call the visitation arrangement I want?
What else should I be wary of seeing she has the money to do what I can't and work with a lawyer regarding the whole thing?
edit:
Weekend visits may end up being difficult for me, I work 2 jobs. One is a scheduled 33 hours across Saturday, Sunday, and Monday. My other is 20 hours on the nights of Tuesday, Wednesday, and Thursday. So essentially the most fruitful time I could easily have with the girls is daytime through weekdays. Unless I choose to change my position at at the weekend job. Time I'm not there doesn't seem to be a problem, as my mother has no occupation and resides within my home. She was the live-in babysitter before the divorce began. Currently my children are 3yrs and 3 months so school hasnt reared its head into the issue yet.
My wife likes to play like she's agreeable to everything but she's really a possessive mother and I could easily picture a lot of situations where I'm s.o.l. because she doesnt want something to occur. We both verbally agree that when the kids may ask for something in regard to time somewhere it will be respected but that kind of open agreeable time may not occur for another 4 or more years.
Right now I want to know that I get to have my real time with them regardless of my wife's preference.
So is "joint" custody what I want here?
I concede the fact that at some point my work will have to change to accomodate time with my children.
|
| Filing Indigency in Pro Se divorce |
| Divorce, Separation & Annulment |
If some one files indigency, what does this mean in divorce terms? Not working or able to afford legal representation in court?
Is some one able to still have a job which say is under $15,000 and be considered indigent?
Can some one shed some light on this for me and how it is used for divorces? Thanx
|
| enforcement of child support order |
| Child Support |
Sorry. I started one of these earlier, but didn't know for sure how to do it--the 'thread' stuff is confusing for a non-computer geek!!
My ex-spouse owes me over 20 months in child support, which amounts to over $13,000 as of this August 1, 2009. In addition, he inverted some numbers in prior years, and shorted me roughly $600 a year from the year of the orginal divorce (2002) through 2007, when he filed for modification of support. That arrearage is roughly $3500, so there's a lot of backowed money involved with my situation.
We lived in Colorado at the time of the orginal divorce. When he medically retired from the FAA in Dec 2007, he moved to Florida, and filed for modification of support. This brought the support down from $1600 a month (6 minor kids in the original decree) to $795 a month for 5 kids (one reaches adulthood the end of Oct 2009). He then moved again, and since my adult child breeched his confidential message to her, I know he has moved to Oklahoma---a fact which may or may not be pertinent. But a fact that I'm not supposed to know, as my ex requested secrecy.
My ex also confided to my daughter that he intends to take me back to court as soon as he has paid a retainer fee to get his lawyer to file the forms with the court. I don't believe I've done anything illegal, so all I can do is speculate that my ex wants to have the already modified, unpaid support forgiven, and the mofication orders lowered even further. He believes he should be entitled to tax deductions on the majority of the children, even though he is in significant arrears on child support, including for the years he was paying an incorrect amount. So part of me feels he can't 'get anything' from taking me to court, except the pleasure of creating more anxiety and expense, and part of me sits like a deer in a headlight, not knowing what to expect or do.
My situation is obviously complicated, and I obviously need legal representation. However, with my limited finances, I can only hope there's a lawyer out there who might work with me (aka, represent me on a pay by the hour basis--or accept the majority of the retention fee after the actual court battle.) However, I don't know where to begin my search, and I'm fearing that time is imperative, since my ex claims he's going to take me back to court as soon as he can. Any suggestions?
|
| Seeking opinionated advice :) |
| Divorce, Separation & Annulment |
What is the name of your state (only U.S. law)? Florida
Okay, so I'm trying to figure out what the best case/worse case senario is for the following: I've been married for 5 years, since Feburary. I have 3 children, 1 isn't biologically mine however I've been in her life since my wife was 2 weeks pregnant. I took on the role of supporting the family the first 2 years in the military, wife being a stay at home mother and when my term was served, I struggled in finding reasonable work and was a stay at home father for another 2 years. I recently got employed and my wife makes 5 times as much as me at the moment. Here's where it gets interesting, I find out she's talking to a ex boyfriend who is currently in a federal prison for 12+ years for child pornography/obsene material - currently served 4, I find letters that him and her are writing to each other containing things no husband wants to find out about. Including talk about reuniting once he gets out of the prison if "on good behavior" 3 years at a mininum. I feel for my kids safety, I don't know what this guy is capiable of doing. I'm also ticked out, of course who wouldn't be. Is there any possible way to make it hell for this guy to not be near my kids? What are my legal rights and what would be the smartest plan of action in this case? I'm all about opinions, be blunt, you won't hurt my feelings. Tell it like it is, I need to know. 
|
| What ARE a 'Legal Parents' Rights ?? |
| Child Custody & Visitation |
I had posted yesterday about a friend of mine needing some help and great advice was given.
Now, another question. I hope some one can answer.
What rights would a father not named on the birth certificate ( cause of threats it was omitted per an attorney ) and my friend named her EX as the father as she filed for divorce, went to court (magistrate) and in court was asked if HE was the biofather, she said yes, so being her husband at the time was named as Legal father and in divorce papers told NO CONTACT with minor child...til he petitions court for his visitation rights......WHAT rights does HE have?
As legal father named in Florida divorce papers?
He was not able to assist her with any decisions, she was given sole parental custody,as he lives in another country and father has never tried to be involved, even a year before the divorce was granted, he refuses to do dna and seen pics of their child and still denies though child looks like him. He tried to say his name was omitted cause she did not know who the childs father was, but cause of that threat it was omitted so he could not obtain a birth certificate, and she said under oath HE WAS the father and she stated for the record so they knew and if asked later, she did not fool around during their marriage and she was 100% sure HE IS the biological father. Court KNEW why his name was omitted.
WHAT would a legal parents rights entail? Given his past behaviour, towards his EX wife, he has only a physical address. And he knows nothing else about their child, as he has never asked nor even tried to be involved.
Is she obligated to tell him anything? Or just give an address and be done with it til he HAS rights, given by court?
Thank you again for any help clarifying this!
|
| Help with income deduction order |
| Child Support |
My husband and I live in FL. The FL DOR is coming after us for support they claim we did not pay in 2006 according to court order. We did pay but directly to his ex. She will not sign an affidavit saying we paid so I am waiting for copies of checks.
They sent a letter for an income deduction order. Is there anyway we can contest this? We are waiting for the check copies to file a motion in court for credit. What can we do in the mean time so his wages are not garnished?
Thanks, Amy
|
| hELP ME ON CHILD SUPPORT MODIFICATION |
| Child Support |
FLORIDA
I am trying to complete a modification to amend my child support. I have two children. The oldest is 18 and has graduated. I have one more who is 13.I have filed all required paperwork. My ex wife agrees with request ( uncontested). We have agreed on a new amount for for my remaining child. She has notified the clerk that she is in agreement with request. I would like to set a final hearing, but am stumbling at the finish line. My circuit court has recently changed how to ask for a final hearing. I have to file a form 'A', then wait to hear from them. Do I need to submit a legal document showing the amended amount along with the form A? What is it called I can't find it on flcourts.org
Also. she submitted her form to the clerk without an attorney, so that would indicate that she is representing herself. My ex has said that her attorney would file our paperwork for us-is this proper? I just need to get this done
ThanksWhat is the name of your state (only U.S. law)?
|
| Change to visitation |
| Child Custody & Visitation |
Im going to try to give you all the facts without making this too long. Basically what I want is to find out if the information I have will be enough to modify the parenting plan I have with my ex wife. I would like her visits to go back to being supervised at the very least.
Feb of this year I was granted "full custody" basically. I have the last say in all my childs needs. She was finally granted unsupervised visits. (She lost custody of him 3 yrs ago for drinking and driving with him in the car)
I received messages exchanged between her and a friend on myspace where she is admitting to doing pills, "wanting to ho herself out for money", trying to kill herself, and admitting our child is better off without her. I also have her old roommates (she moved out of their house about a month ago) telling me her new bf smokes crack and she has admitted to doing it as well.
She has a long term documented history of drug and alcohol abuse and mental illness.
Ive already spent thousands upon thousands of dollars on lawyers. Do I stand a chance in court if I file the paper work myself or even with the help of a lawyer? Even though our son doesnt reside with her and I am not allowing her to have unsupervised visits, should I get DCF involved.
I have know this women for many years and I have seen the violence, drug abuse, and neglect. I have fought tooth and nail to ensure my child a good and safe environment and Ill be damn if after all this she hurts him anymore!
Thank you! One concerned father!
|
| child support question |
| Child Support |
| My ex husband and I have 3 children together that he has to pay support for. He has got remarried since our divorce and now he has 3 kids with her and she wants to divorce him. Does her support she will get take away from my amount of support that I get?
|
| when does visitation end? |
| Child Custody & Visitation |
My ex and I divorced in NY. Our aggreement allowed her to move with our son to FL. She has since move to PA (without my permission)
My 17 (soon to be 18) year old son just completed HS. My ex informed me that I was to make visitation arrangements with him from this point on, and that they(her / her husband ) would not force him to visit with me. Our aggreement states I am to have at least 30 days with him in the summer. He visited with me for 1/2 that time, and decided that he would return home, and would not be coming back. This is not what he and I orginally agreed to. My son's step father told him once he is 16 he no longer has to visit with me if he does not want to.
Our aggreement states I'm obligated to pay CS until he is 21(or 22 if FT in school). But there are no guidelines for when visitation should end.
I will not force my son to visit in NY when he clearly feels he is missing out on friends/parties at his other home, but I do want to clarifiy how long is the CP obligated to ensure visitation occurs. I could understand her being free when my son is 18, but at 17 should she still be obligated to see that he visits as outlined in our aggreement?
Any advise....What is the name of your state (only U.S. law)?
|
| Right to ex's financial info? |
| Alimony & Spousal Support |
This question is not technically about alimony (thought that's part of the issue) ... I just wasn't sure where to put it? And I realize that I probably have no legal right to my ex’s financial info (and don’t actually care what he’s doing with his money.
He’s asking me to sign a mortgage loan modification, which is certainly in his best interest but I have doubts whether it is in mine. He was ordered to pay the mortgage, and $700 per month spousal support. He’s 12 months behind on spousal support, and ten months behind on the mortgage.
He is claiming that the modification is necessary to prevent foreclosure on the house. The foreclosure hearing is in a couple of weeks. The modification would decrease the payments from $1,300 per month to about $1,000. He makes a guaranteed income of $4,200 per month (or $6,800 per month). He has not been paying credit cards or other debts, except a small amount very sporadically. He has no automobile payments or other major loans that I am aware of. So far as I know, his only monthly outlay is for utilities, gas, groceries, insurance, and the like, as well as $1,000 he claims to be paying to a female employee living with him.
He has taken me back to court several times – to cut my visitation, decrease spousal support, try to force me to sign the loan mod. He’s given me problems at every opportunity, including not letting me see our daughter for reasons he makes up and reporting me to various authorities. I say this to make the point that he is certainly not concerned with my well-being, and I don’t feel as though I can trust him.
My only guess about what he might be doing with his money, if he really doesn’t have enough, is to pay for all his attorneys (I think he has had 4 within the past 12-14 months), though I think he fails to pay them fully as well.
I am concerned that … given the fact that he seems to make ample money to cover his obligations and fails to do so, the $300 modification is not in fact necessary to prevent foreclosure, and I don’t see how I can trust him to pay it even if I DO sign for it.
I don’t want to see him lose the house, but on the other hand, I don’t want to end up paying for HIS mortgage (which is what his attorney was hinting at during the hearing last Monday) … especially when he is the reason I have lost my job and my home, and I am currently unemployed and living far from our daughter, unable to afford to see her, in a house a friend was kind enough to let me stay in in exchange for fixing it up. Before I believe that he really needs me to do that, I want to know WHY he cannot seem to pay his bills (thus my interest in knowing his financial information) and how I can trust him in this matter (which I can’t see how I can know or believe that).
Thanks for any information anyone can provide. They want to fax the papers to me, and let me have an attorney look them over, but I’ve already spent a fair amount (a lot to me) to deal with this in court, and being unemployed, I cannot begin to afford an attorney. (Legal aid is too overburdened to help with this one, I have already applied.).What is the name of your state (only U.S. law)?
|
| Statue of limitation for Qualified domestic relation order |
| Divorce, Separation & Annulment |
What is the statue of limitions for a military Qualified domestic relation order(QDRO) in the state of Fla?
I have remarrige , how does this effect a QDRO?
I was divorce in 1998, there was no QDRO entered in dueing the final divorce decree. The military did not exccept the final divorce decree.
*My ex-wife and her lawyer is now (21 July 09) tring to get me to pay for a QDRO some ten years later. Do I have to pay for a QDRO?
|
| Which County to File in? |
| Divorce, Separation & Annulment |
I know that I'll have to see an attorney, but before I do I'm hoping someone can help here.
This is a question for my son, who is not able to post himself.
Son (husband) "lives" in Sumter County, he is an inmate at state prison in that county. Before he was incarcerated, he and wife lived in Polk County.
DIL (wife) apparently still lives in Polk County. Has been in and out of jail in Polk County and Pinellas County. Was reecently released from Polk CO jail and is on probabtion. The DOC website does not list her address, last known address was her Grandfather's home in Polk Co. Grandfather died 3 months ago, so wife might be staying at his home, but we don't not know for sure.
Wife was supposed to file for a divorce in Polk CO a year ago, did not file, and cannot be located.
Husband wants to file, knows that he might have to serve by publication. He has been told that he can appear at the hearing telephonically from prison.
What he needs to know is which County is can file in, his "residential" County, or his wife's last known residential County.What is the name of your state (only U.S. law)?
Can anyone help?
Thanks, Gracie
|
| Custody Issue |
| Child Custody & Visitation |
I'm mostly looking for OG's opinion here but would greatly appreciate others as well on this one. Thanks ahead of time guys :-)
So my ex has decided....after being MIA for 2 yrs...that he is going to take me to court for custody of my 5yr old. He says he is going to petition for her to live with him during the 2 month summer period and alternate weekends during the school year. Now mind you, he has had very very little contact with her with the exception of a few random phone calls and 2 visits for about 4 hrs each, in over 2 years. He pays no child support, and shows no interest in her everyday life and activities. My daughter knows who he is but doesnt have much of a relationship with him and occasionally has to be gently reminded that when he calls she has to talk to him because he's her father.
My question is if he takes me to court, what kind of custody could and would he be granted? I have no issue with him taking some form of custody but with the nearly non-existant relationship between them, i'm not ok with her spending a weekend with him without me or just being shipped to his house for an entire summer. At least not at first. Oh, and we live 5hrs apart so short visits on the weekends would be difficult...not impossible, but very difficult.
I would like to know what i'm looking at as far as what he would be granted when we make it to court. Its strange that he's doing this though as my husband and I are about to begin proceedings for hubs to adopt her...after dad earlier consented to the adoption. He has a new girlfriend that he says wants to help him raise lil'one and that he is going to get his life together to make room for her. I guess i'm just nervous and confused.
I'd appreciate everyone's input  What is the name of your state (only U.S. law)?
|
| What should/could she do? |
| Child Custody & Visitation |
Im asking for a friend, and she could use some advice.
Her exhusband is from another country, and resides there also.
She separated from him when pregnant. He made threats and his name was omitted from birh certif. in Fl, so he could not obtain a passport. Baby was born years ago, she filed for the divorce, it was granted. She has sole parental custody, he is the legal father. No contact with minor child til he petitions the court, which he refuses to do, for years he denies he is the father, refuses to do dna but harasses my friend, and myself online via emails as he was given a physical address should he ever file papers to serve her for court. She doesnt know where he resides now in England.
He and his girlfriend, harasses her online, stalked her online and they had been emailing her old email account she left open, they CLAIM now they are taking her to court.
She has asked him to do the dna or leave her alone and move on with his life as she has as he has never shown any interest in their child and though he has seen photos, he denies he is the father though she looks so much like him, but to clear himself he should file.
He claims she has stopped him from seeing their child and denied him access to a child that could be his, as alledged. But divorce papers state NO CONTACT with minor child til HE completes parenting classes and petitions the court, he abuses having a phone number, and would constantly harass so he no longer has a home number, he has an address to send mail to.
HOW can she stop him from the harassment? She had asked him in the past to be involved and she came back with such nasty emails from them both saying he does not care about her child, has proof he cannot father children and other things they both so, but vehemently denying he is the father, but carries on harassing.
She plans on closing the email account down as they have a physical address, as I said, but he claims he is taking her to court soon, to prove she denied him access to their child, and he will seek custody, though he has not sent a post card or anything for over 5 years to the child and still rants about how he is not the father and does not care and will do anything to help authorities take away her rights to give him custody, in emails from him and his new wife..... though my friend has as I said sole parental reponsibility, has provided for her child, makes sure the childs needs are met before her own! He has done nothing but harass for years.
Couldn't she terminate his parental rights based on extreme parental disinterest? As I said, he still refuses to do the dna and will do the dna when they are ready not when she asks them to, and I guess feels he can walk into the court room and want to be father of the year. She has been waiting for him to take her to court for years now and he says for her to file. Court told her during the divorce hearing that HE had the DNA and is disputing it, its not up to you to file, it is up to him.
What can she do to get this resolved, its a weird situation and its bad enough he denies a child they created when married out of love, soon as she mentions divorce he changes his tune and is not the father and claims to have medical proof, but will not do DNA.
Any suggestions I can give to her? She cannot afford an AttorneyWhat is the name of your state (only U.S. law)?
|
| Ex not returning Kids from his 2 week vacation |
| Child Custody & Visitation |
Please any help would be most appreciated. I have full physical custody of our children and joint legal. The ex took two of the kids his weekly Thurday visit on the 9th and did not return them, starting his court ordered 2week sunday to sunday(12-26 July) vacation early. He took the kids out of state, simply stating that they were taking a road trip. Refused to give me any ideal where? The kids are due back this Sunday 26th and I just got an email from him that they are in Florida and he does not even plan on returning them till some time in August. In the past he as disappeared with them and I have not gotten them back till the morning that school starts. I just heard through my daughter yesterday through Facebook and on top of all this found out that on their road trip they went along the East coast to TN to Florida and slept in the car at night. I am sure she will be banned from the computer if they find out she talked to me via the computer.
No my problem is not that they are with him, it is that he is not abiding by the court order just to hurt me. My son has his mandatory Football camp next week for school and my daughter has her volleyball camp, not to mention they are missing their summer basketball league games. All have already been paid for, non-refundable. My third son is with me, as the ex wants nothing to do with him, but that is a whole other story. So it is not only myself that will be unable to see the kids, but their sibling as well. No, I do not have money for a lawyer, just looking for some advice. The friend of the court is a joke in the county that I live in by the way.What is the name of your state (only U.S. law)?
|
| pro se |
| Divorce, Separation & Annulment |
| I have a final hearing where my husband has had a year to liquidate his assets and go for the home I have left. Is there any advice you can give me to stop him from taking the last thing we have?
|
| child custody |
| Child Custody & Visitation |
| Have an er hearing for child pick up on the 30th of July. Mother is a drug addict and has neglected the children. Also she has removed them from there home state of florida without consent of father or courts. I have two people that will testify to the neglect and drug use. I am not sure what kind of questions I can ask the mother in the interrogatory? Can I ask her about two seperate Emergency room visits that disclosed he use of drugs and also the neglect of the children. Also I am not sure what discovery is and if it is just for getting information and docs that she plans on using or if it is meant to disclose our discovery to the court as well. I am the grandmother and my son is the one filing all this with my help. Does he need to subpoena myself, one in North Carolina and one in West Virginia? Also, one of the witnesses in west virginia would have to be intereviewed by phone, how do I do that? Do you have samples of interrogatory and discovery motion?
|
| Contempt warrant issued |
| Child Support |
| What is the name of your state (only U.S. law)? Pennsylvania - My daughter lives in Florida, her son is in PA with his paternal grandmother. A warrant was issued from PA against my daughter for non-payment of support and failure to appear in PA. The paternal grandmother has told me that even if my daughter pays every cent she owes she still has to serve the 6 months in jail for the warrant. Is this true or does paying all arrearages cancel out the warrant and/or contempt charges? My daughter is trying to get all the money together so she can be up to date with her child support and come to PA to see her son. She is afraid, however, that the minute she steps off the plane the paternal grandmother will have the police waiting for her.
|
| yukon |
| Marriage, Domestic Partnerships and Other Family Law Matters |
I am getting a divorce in florida, my husband took my Yukon that was paid for and in my name, he thenconvinced me to sign a loan on it in both our names and title the car in both our names. He took the money and paid off his credit cards instead of mine like he was supposed to do.
He has since given the vehicle to an employee and has not paid for it. The employee and his wife are driving the vehicle and trashing it.
If the employee has a bill of sale but it still has a loan on it , isn't that against the law to sell a vehicle that has a loan on it and then not pay for it. Can I go get my vehicle, since I am paying for it?
|
| Child custody emergency issue |
| Child Custody & Visitation |
| I have legal custody of my now 16 year old son, my divorce papers state that i have residence, and his father has visitation rights, he has not exercised those rights in over 7 years, this summer he saw him for the first time in that period of time, and my son wanted to go visit, i did not want to allow it as there were problems in the past, but because of the visitation agreement, i felt it better to allow him to go. He has been there a week, and was due home tomorrow, i called tonight and he is refusing to come home. I am NOT allowing my son to stay there, i do have legal custody, but when i called the sheriff's office in the county where he is currently they told me they would not enforce the settlement agreement, they would go with me to the home to keep the peace, but would not force the issue, I know some say, just let him stay, but the issue is that he was fine yesterday, today he was visting with his aunt who has given us alot of issues in the past, and from what my son was saying, i know that the reasons were from her. My ex does not work, he is 44 and lives with his mom still, he has barely paid child support and has been arrested once for not paying.
|
| Mediation Question |
| Child Custody & Visitation |
Long story short, ex and I have a very vague custody agreement drawn up two years ago. Things have changed (I finished school, he is living with someone)
If we want to try to work out a different visitation schedule/child support schedule, but cannot agree completely on the terms, are we better off each getting a lawyer or trying to go through mediation?
Also, I've noticed reading other posts that a lot of step-parents post. Can my ex's live in girlfriend be allowed in any of our meetings? They have been living together about 8 months but are not married. Just curious-she is a cop in the town we live and thinks she is a legal expert.
|
| Ex recording phone calls |
| Child Custody & Visitation |
I live in FL. My ex and I have been divorced for 2 years. In Oct, we began a 50/50 visitation because he and his girlfriend moved in together and she was able to take our daughter to school (ex works early shift) It has not been without its problems-this was something we did without going through the courts. Mainly I didn't because I was in college finishing my BA and was not able to work. To make a long story short, I'm done with school and start teaching next month. Now I want to go back to court to modify the visitation through the court (our original agreement is vague and over time I've realized this)
Of course, ex and his gf are raising hell with me. I feel that the every-other-night is becoming confusing for our daughter (she is 4) Also, she starts Pre-K next month and she really needs a more consistent schedule. Well, my ex's gf informed me that they have been recording every conversation I have with my ex so they can use it when we go to court. Is this even legal? She is a cop, so you would think she would know better. From what I can gather, Florida is a two-party consent state and up until yesterday, I did not know they were recording calls.
Has anyone encountered this?
|
| spouse responsibility |
| Marriage, Domestic Partnerships and Other Family Law Matters |
My husband pays child support and was recently laid off in May. His ex-wife said don't worry about child support until school starts in August.He is trying to start his own business, but it has been very slow. We're paying over half of the child support owed and are trying to pay more. She has decided to take him to court for the back child support and is requesting for him to pay attorney fees.
Can the court count my income and assests to asses if he can pay? Or is my pay not considered?
|
| Just to give you an idea |
| Grandparent’s Rights |
Just to give you an idea of how bad the grandparent visitation situation was prior to Troxel, I thought I would share this story. This happened in FL, about a year before the FL Supreme court declared their gpv statutes to be unconstitutional.
Mom and dad divorced, dad disappeared for 6 years. Mom had a cordial relationship with the paternal gps and they saw the child regularly, but not more than a half dozen times a year. The paternal gps were divorced.
Mom met a man and remarried, and the paternal gps panicked. They assumed mom would shut them out and have her husband adopt the child. So they served her with a suit for gpv on her WEDDING day.
The also hunted down their son and bribed him to come home and file for visitation. The judge combined the two cases and ordered a GAL to investigate.
The GAL felt that the child had a good relationship with the grandparents and deserved a relationship with the father, so the GAL recommended that mom retain primary custody, but that each grandparent get one weekend a month and one weekday overnight a week, and that the father get one weekend a month and one weekday overnight a week as well. That left mom, the parent with primary custody, 1 day a week and one weekend a month!
So, that meant that the child would sleep at a different house every night of the week, and a different house every weekend.
A GAL RECOMMENDED this...that was the climate of gpv then.
Luckily the judge said that was ridiculous, and ordered that the gps and the father share every other weekend and one night a week...which ended up being very confusing for both the child, and the grandparents and father, because they had a hard time keeping track of whose turn it was to have the child.
Also, grandparents frequently, in all states, sued for visitation of all existing and FUTURE grandchildren, and frequently got orders for such.
Now, thanks to grass roots efforts of some parent's rights groups, we were whittling away at those laws, one state at a time, and making considerable progress, but thank god for Troxel. I think that PA is the only state in the US whose laws have not been either struck down, stuck down and revised, or just revised.
|
| Questions on Florida warrants |
| Child Support |
Florida (osceola County)
I am in need of some advise.
I am the custodial Parent of 3 children. I have had a support order since 2003. The NCP has not payed her CS except through the tax intercepts I have requested (apparently she did not file taxes this year).
As of this morning she is up to $19,836, and after talking to the DOR, they cannot help me. They explained that because they do not have an "active address" they cannot enforce my order.
What do I need to do to get a warrant and DL/Passport suspension?
Any help is greatly appreciated.
|
|
