Question: I have some medical debts, etc. If I get married, will my husband be responsible for my debt then?
Port Saint Lucie, FL
It doesn't sound like a divorce question to me...rather, just a question regarding liability for pre-marital obligations. Generally speaking, getting married will not obligate your spouse for your debts unless he or she 'assumes' that debt legally. In other words, the act of getting married does not obligate the new spouse on the other spouse's financial obligations. I hope that helped...
Question: My soon to be ex husband and I are scheduled to go to court for a child support hearing tomorrow. He said that he's not going to
Generally speaking, the party who fails to show up usually ends up with an order granting what the other party requested...not very smart!
Question: Can i get temporary child support while waiting on the regular process? There have been no divorce papers filed. It has been over a year. They know where the father is and that he is working. My daughters and I have had to move several times due to lack of money and are about to have to do it again.
You can always file a Motion for Support Unconnected to a Dissolution of Marriage Case or request support through Child Support Enforcement for the State....have your tried either?
Question: Isn't there a way to reduce the child support deduction from my paycheck? She never spends any of the money on our son and the amount withdrawn is leaving me with 35$ on my paycheck. I cant pay my mortgage or buy food for myself and pay for gas. Isn't there a limit to what they can take? Especially since I have our son half the month. I am pretty much just paying for her and her boyfriend to live in a trailer together while she pays the babysitter to watch our little one and lives it up
Fort Pierce, FL
It sounds like you need the current order modified. You can file a Supplemental Petition for Modification and outline the reasons for your request. Generally speaking, one must allege a substantial change in circumstances in order to have the Supplemental Petition for Modification heard and granted, so you might be wise to allege the substantial change by proving up the change in income levels.
QUESTION: Is a prenup required to save my home in the future?
Saint Petersburg, FL
ANSWER: Yes, a good prenuptial agreement is THE BEST way to protect against your future husband making a claim against the home or any interest therein. Feel free to contact us for a free consultation (813-681-5640)! Good luck!
QUESTION: Marital Separation Agreement.
ANSWER: Generally speaking, you can find self-help forms at your local office of the Clerk of Court. However, you may find it difficult to obtain a final judgment of divorce if no child support is identified, as Florida does not allow a parent to 'waive' child support for the other parent.
QUESTIONS: In the state of Florida, will my husband have to pay child support once his children turn 18 years old?
ANSWER: Generally speaking, child support obligations end when the child or children reach the age of 18. Nevertheless, there are many circumstances in which child support can and does continue past the age of 18. One should be familiar with the specific terms and provisions of the orders in place and consult with a qualified attorney if there are questions in that regard.
QUESTION: wife and I are separating two vehicles both in both our names. How can I prevent my wife from stealing the car from me?
Pompano Beach, FL
ANSWER: Generally speaking, Florida does not recognize legal separation. Thus, if you want to establish an order preventing your spouse from disposing of marital assets you need to file for divorce and have him or her served with the Petition. Once a petition is filed (I believe in all counties) the court enters an automatic order directing the parties to leave all assets as they are so as to prevent dissipation of assets.
QUESTION: Can a misdemeanor charge be erased?
16 year old sister was on the phone with her boyfriend and not cleaning like our parents told us to. I hung up the phone and told her to help me, she became so enraged she jumped on my back hitting me and I shrugged her off of me and she fell to the floor. She called the police and i ended up in jail. I never put a hand on her she jumped on my back and was hitting me. I never was in any trouble before or after the incident. Do not do drugs, smoke, and I abide by the laws. This charge is keeping me from getting jobs. She regrets what she has done to this day she even has a battery charge on her that happened recently. So clearly it was her fault. How can i get it taken off. I feel cheated.
ANSWER: I Would suggest you contact an attorney in Tampa named Daniel Perez. His office telephone number is (813) 251-3338. While I do not work for or with him, I do know that he handles those types of cases and can give you specific advice in that regard. Good luck!
QUESTION: Can my ex who has joint custody, but agreed to me moving to another state force me & the kids moving back?
My ex and I did a DIY divorce and have joint custody of our 2 small kids. He agreed to me & the kids moving to another state and now is insisting that we had agreement to move back after a year or so. The kids are doing better in this environment (1 has special needs) and I feel it would be bad for the kids to be moved again. He's had 3 visits with the kids since we moved with us sharing that expense. He is living off SSI. The kids and I also get a check from his disability (of which he takes half). He wants us or at least the kids to move back to the state he lives. He is threatening to take me to court and says it will come down to whoever has the bigger pockets. Please advise me as to what to do next. I want him to be able to see the kids him, but I am not willing to move them back.
ANSWER: If there is already a divorce order in place then the provisions regarding relocation would apply. If the order provides a one-year time frame for relocation, then you would most likely be obligated to move back. You really should have an attorney look at your paperwork and any other written agreements that may be in place.
QUESTION: Paternal Rights in FL
I live in FL. My boyfriend has a son with an ex-girlfriend and she is threatening him with never seeing their son again. You know the deal... blah, blah, blah. Anyway, they were not married. However, the boy has my boyfriend's last name and my boyfriend's name is on the birth certificate as well. What rights does my boyfriend have as far as custody goes? He would like partial custody, like weekends. By the way, thank you to the attorneys who answered my last question: Richard Hornsby and Randall Berman. Your answers were very helpful.
ANSWER: Assuming that the child's mother lives near you to begin with, then your boyfriend has the ability to petition the court for a legal determination of paternity, time-sharing, etc. Generally speaking, although a man's name on a birth certificate creates a legal presumption of paternity, If a Father (not married to the mother at the time of the birth of the child) wants to assert legal rights to a child he should register with Florida's Putative Father's Registry. You can find information in that regard by searching for it on Google or a similar search engine. In the end, though, your boyfriend will be best protected by the filing of a Petition to establish paternity, visitation and other relief. Good luck!
Question: Shared responsibility decides to home school
I have shared parental responsibility over my child who is approaching school age. Because I am the primary residential parent, I see some issues with my child attending public school. I have explored my options and have decided to home school my child. My ex does not fully agree and is threatening to bring me to court. If my ex flat refuses to allow my child to be home schooled, what are my options?
ANSWER: Generally speaking, shared parental responsibility means that both parents are entitled to make decisions together. If your ex is refusing to agree, you should make sure you have gathered sufficient information and evidence to support such a decision so that if your ex actually takes you to court you have a basis for your position. Since home schooling is not often looked on with particular favor, it might be wise of you to research all of the home schooling options and select one that has independent verification processes and has accreditation. Good luck!
QUESTION: What rights does a father have to his child in the state of FL if not married?
Can my son's mother keep me from seeing him? We were never married but he has my last name and my name is on the birth certificate. We have lived together since before he was born and he is 8 now. I have said that I want to separate from her and she has threatened to keep our son from me. I have always been there for my son, financially and otherwise, and have every intention of continuing to be in his life. I don't intend to fight for sole custody as I believe our son should be with his mother (she is a good mother) but would like partial. What, if any, rights do I have considering we are not married? I appreciate any help on this matter.
ANSWER: Generally speaking, when a man's name is on a birth certificate it creates a legal presumption of paternity. If an unwed father has a fear that his rights may not be protected in the event of a separation then he should file a Petition to establish paternity and related relief with the court. This process will establish the legal relationship, rights and responsibilities of all parties involved and protect against the unlawful deprivation of rights.