FAQ’s

Below is a list of our most frequently asked questions.

 

Question:

My husband is lying about his work history to the psychologist who evaluated him I need to subpoena his w-2 in order to prove that he is mentally impaired.

Answer:

Although you are able to subpoena documents from your Husband's employer, you can also request that mandatory disclosure be provided and that would force him to provide you with his w-2, tax returns and paystubs, as well as bank statements, etc.. another way of obtaining the documents is through a Request to Produce.

Question:

In court, what is considered harrassment??

Answer:

I have seen facebook postings, emails and text messages being used in court, especially when there is a pending custody dispute. Remember that you are attempting to show that court that you are the most suited parent to have the majority time-sharing and that you would engage in behavior that would promote the relationship between the other parent and the child. Read Fla. Stat. 61.13 which details the elements of what the courts deem necessary when considering the time sharing schedule/ parenting plan. I have copied some of the elements for you, as well as the link for the statute for your review. a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. (b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties. (c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent. http://archive.flsenate.gov/statutes/index.cfm?...

Question:

I just remarried and since April I'm renting the property(just to cover its payments), My ex filed a "Motion for modification of final judgment" he wants me to share the "rent profit “or to sell the house, "his motion" took us to the magistrate last Thursday, HERE are the Magistrate recommendations: Based upon the foregoing the Magistrate recommends that respondent motion be treated as one seeking interpretation of the final judgment and that it be granted as detailed herein. If the parties cannot agree as to how to proceed concerning the property they should seek the service of the orange county bar A mediation program to negotiate a new agreement governing their jointly owned real property. The background factual findings: she took all what my ex said as true, so is a mess against me!
Additional information This is from number 1 until the end of the report: Recommendation of the General Magistrate: 1-Juridiction: this court has jurisdiction over the parties and the subject matter. 2-Back ground and factual findings: both parties appeared pro se. the final judgment of dissolution was entered on March 6, 2007. The final judgment cannot usually be modified by way of a motion, but requires a supplemental petition, which must be personally served by a process server, however, the issue at hand concerns the former marital home. Equitable distribution provisions are not normally modifiable after entry of the final judgment, especially when almost five years have passed. This matter is one of interpretation of the exiting final judgment. Paragraph 8 of the first section of the final judgment states that "use and possession of the marital home should be given to the petitioner as a element of child support, so long as she pays the principal, interest, taxes and insurance of the home.

Answer:

If your ex-husband files a petition for modification, an attorney should be able to get the petition dismissed, because as the Magistrate mentioned Equitable Distribution is not an issue that can be modified. If he filed a petition for clarification of the Final Judgment, same can be argued that the final Judgment is clear in its face and that it states so long as you are paying the mortgage, insurance and taxes you are entitled to the home. The Final Judgment does not state that you have to live in the property and based on your information you are paying the mortgage, insurance and taxes from the rental income. I do not believe that he would be able to modify the agreement, without both of you agreeing.

Question:

OK here's the deal, my husband's ex (they were never married) lives in GA but the child support case is in FL where he lives. He filed for shared custody & within that also came the right to claim his daughter during tax time. Short version, she is not complying w/the order and refuse to sign the waiver. This is the 2nd contempt of court he's filing AND now the GA sheriff sent the docs back saying they couldn't serve her because she moved (which is a lie) and she will not answer his calls. Now what's next? Can't they just arrest her in Ga.? We know she's there & refusing the summons, phone calls, etc. He wants to see his kids but can't afford an atty or P.I. this is all Pro Se. Remember the case is in FL but she lives in GA w/the kids. She claimed the kid income tax time against the order .

Answer:

It really depends on your Judge. You can always mail the motion for contempt to her last known address and send it via certified mail and or fedex to assure the Court that she received it one way or another. Another idea is to send it via email to her or facebook if you have that information. I would schedule the motion for contempt and allow the Judge to decide what her punishment is going to be if she is held in contempt. I would recommend that you review Fla. Stat. 61.13 so that you are familiar with the statute that governs parenting plans and contempt issues.

Question:

I once had an order of child support in Boston, but dropped it when we reunited.

Answer:

You can file a petition for child support at the child support enforcement office or through the department of revenue ( DOR). The state will send him the petition in Massachusetts and will establish child support here in Florida. Child support is established in the County and State that the children reside. The courts will enter an income deduction order that will take the child support payments from him paycheck. It does not matter where he lives.

Question:

I'm a 22 year old student, working part time, living at home, w/ a 2 year old daughter, I'm no longer w/ the child's mother. We are currently going through a custody case, at this current time the mother only allows me to see the child Fri-Sun every other weekend. We sometimes share holidays, ususally everything is at the mother's disgression. I currently pay $325 a month in child support, that is not court ordered. The mother & I were together when they baby was first born, the mother was living w/ me & not working for 6 months, I was the sole provider. The child was also on my work insurance until she was 1, was taken off due to new employment & with no benefits. The mother eventually moved back home with her parents in Palm Beach County, I as well moved back home to Broward County.

Answer:

You may be able to file for joint custody ( although the courts do not use the word custody any more, they call it timesharing) however there are some issues that you need to keep in mind. If your daughter is in day care, will you be able to take her to day care and pick her up within the time that is required if you live in a different county? If the child is not in day care, then the joint timesharing should not be an issue since your daughter is only 2 years old. As your daughter gets older the joint timesharing will be more difficult because of the school your daughter will be attending. Generally, the joint timesharing is divided with the Father getting 3 overnights and the mother 4 overnights a week and then reversing where the Father gets 4 overnights and the Mother gets 3 overnights, alternating the weekends and holidays. Also, consider how far apart you are in miles, not just county, you may be in two seperate counties but only 20 miles apart. Also, make sure that your child support payments are being paid via money order or check so that you have a records of what you have been providing. I would recommend that if you choice to file for joint timesharing that you meet with an attorney for a consultation.

Question:

Instead she has abandon the home and is now going into foreclosure. Is this a direct violation of the court order?

Answer:

If the Final Judgment states that she received exclusive use of the property and that she was to remove your name from the mortgage, her abandonment of the property would be a violation of the Final Judgment. As such, you may request the courts to hold her in contempt and allow you the exclusive right to either move back into the property or place the property on the market for a short sale to avoid the foreclosure. I do recommend that you schedule a consultation to discuss your options in more details.

Question:

Will it make it more difficult for me and my daughter in the future to obtain child support and DNA testing if I list no father on the certificate? Should I list the person associated with the conception date even though paternity has to be established with a DNA test?

Answer:

Legally, if you do not place the 'father' on the birth certificate and later you decide to go after child support, the 'father' may challenge the paternity and request a DNA test. The DNA test will be facilitated by the department of revenue (DOR) at a reduced price. If the results come back positive, the court will establish him as the biological father, establish child support and request that the child's birth certificate be changed to reflect the 'father'. If your daughter's last name is yours then her name will be changed to the father's last name. You would have to think of the of the pros and cons, If you do not have the 'father' on the certificate and you do not decide to place him on child support, and later you meet someone who raises your daughter and would like to adopt her, you are not going to need permission from the 'father'. You will have to search the punitive father registry, however the adoption process will be easier than if you have him on the birth certificate. If the 'father' is not interested, then its probably more beneficial not to put him on the child's birth certificate. if he is interested in being in your daughters life then this is something that should discuss together.  

Question:

My wife & I are going through a divorce & she wants to uproot our 2 children (10 & 6) and move to be closer to her boyfriend. She's within the 50 mile radias needed to get a written petition. She has no family in the area where she plans to move & no job (she's been unemployed for several years). She said she will "wing it" & will remove the kids from everything they know and love: family, friends, school, their community. I am a fireman in the St. Petersburg, Florida area & very active in their lives, however I know with my schedule I wouldn't be able to file for primary custody. There must be a loophole that can keep her from relocating (w/o the need to move for employment) & selfishly disrupting the kid's lives. This is in no way in their best interest...if it was it wouldn't matter. Please Help!

Answer:

I recommend that you review the temporary administrative orders in your county. Because you are in the process of getting divorce, the administrative order would govern. Most administrative order do not allow the parties to move more than 10 miles from their home and do not allow the primary residential parent to remove the children from their school pending the dissolution of marriage. If you have not filed for divorce but you are separated and planning on filing a divorce, then i suggest you file as soon as possible so that the administrative order takes affect. If your county does not have an administrative order and follows the relocation statute 61.13. then i suggest that you file an injunction prohibiting her from moving the kids from the school pending the dissolution of marriage.

Question:

The mother of my kids has been arrested on 1/26/2011 , for v.o.p and possesion of cocaine and is under no bond status. my children are with her current boy friend . We were never married but my name is on their birth certs. what can i do. they are in florida and I live in georgia?

Answer:

Your first step should be to contact the boyfriend and see if he would agree to give you the children. If he does not you need to file a Petition for Paternity and other relief and an emergency motion for pick up order. The emergency motion will be heard immediately and since the children are with a non-relative and you are listed on the birth certificate you will get the order to pick them up. A sheriff will go with you and they will hand you your children. You will have to explain to the court that you reside out of the State so that the Order allows you to remove the children from the courts jurisdiction. You then will have to serve your ex in jail and proceed with the case. Please note that you will have to file in the county that your children live. The whole process can be done within a day or two. I suggest you speak with an attorney immediately help you with this, as an attorney will be able to expedite your process and get you your kids.

Question:

We were in the middle of custody battle at the time of his death I was awarded primary residence at the initial temp. Case. Our final closing arguments were gilded only days before he passed so the final judgment was of course I was awarded sole custody! My problem is my sons great grandmother was basically behind this whole case she raised my sons father her grandson so she always wanted to raise my son. She lied in court and said alot of bad untrue things about me to the judge and my son! Since the fathers death I have allowed a once monthly phone call and once monthly in person visit while I'm present. The ggp feels this is not enough time with my child and even yelled at me infront of my child about this at her last visit! She told me she's takin me back to court! Can she get unsupervised visitation? How much?

Answer:

The Great grandmother has no rights in Florida. As such, if you do not want her to see your child or even have contact with her then that is at your discretion. If she takes you to court for visitation you can have the case dismissed and go after attorney's fees. At this point I would advise the ggp to relax and be grateful that she is getting the time that you are allowing and if she continue to harass you, you may consider getting an injunction.

 

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.