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Diane Lynn Paull
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Diane Paull’s Answers

38 total

  • My wife wants to move out of state but hasn't filed papers. Can I start with objection w/o being notified? if so what form #

    ex-wife relocation out of state with child

    Diane’s Answer

    Because you mention an ex-wife, I am assuming you are already divorced. If she is relocating more than 50 miles from her current residence, she must file the proper pleadings. See F.S. 61.13001. If she hasn't given the proper notice, and you are confident she has real plans to move in the very near future, you could file a motion with the Court to prevent removal of the minor children without permission. You can file something after she moves, as well, to force the return of the children to Florida, but sometimes once they have moved, are in school, etc., it is more difficult to force them to move back than it is to prevent the move in the first place.

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  • The father of my child wants to terminate his rights to our daughter. Do I need a lawyer to help with this process?

    The father of my daughter and I have never been married. I am currently married to another man that wants to adopt my daughter.

    Diane’s Answer

    I agree with the prior comments; be sure to complete the proper documents regarding the step-dad, too, as it is mandatory to fulfill these requirements. This is not a long or expensive process if handled right by an experienced attorney if the bio father signs the consent to step-parent adoption. You can apply to the Court Clerk for a filing fee waiver as well, based on income and assets.

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  • Child support and moving out of US?

    How can i insure my ex will continue to pay chlid support if he is planning to move out of state?

    Diane’s Answer

    Every state has an office to assist with support in different states. The Uniform Interstate Family Support Act (UIFSA) provides for enforcement of child support across state lines. Call the local court clerk in your county and ask for their UIFSA (pronounced U if sa) office or child support enforcement. Some states are better than others and it can be a little slow but this service is free of charge to the parent attempting to enforce the order.

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  • Is it legal for a family law lawyer to file a Notice of Unavailability for close to a year without the client's knowledge?

    This is a divorce case the lawyer keeps telling the client that the other party is dragging their feet, not filing anything. The client, repondent, has filed ALL responses to the petitioner over a year ago.

    Diane’s Answer

    It's hard to determine what has happened in the case from what you posted. Sometimes evaluations/investigations are pending; sometimes they are waiting for a mediation date. Sometimes they are waiting on a court date. It sounds like you could benefit from a consultation with an experienced family law attorney in your county to review the status and maybe clarify some of the pending steps for you.

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  • Can I be forced to refi after dissolution?

    My divorce is final. The judge, since my ex can't qualify, has ordered me to refi or modify the existing loan. This keeps me obligated. Can i be forced to enter into a contract with my ex wife?

    Diane’s Answer

    If the judge ordered it, you must do as ordered.

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  • How do I get a breakdown of Child Support Arrears in Florida?

    I live in Florida and am wondering about how I would go about getting a breakdown of what I owe in child support arrears. I get paid bi-weekly and have my money taken out via wage garnishment. I've been on this forum before regarding driver's li...

    Diane’s Answer

    You can receive a print-out of the full history from DRD - check on the first floor Duval County clerk's office and ask for a full child support print out. It should show the date of the court order, the amount ordered, the start and termination dates and the payment history. They charge $1 per page for the full print out. Through the front doors, into the lobby, on the left at the Duval County Courthouse, 501 West Adams, Downtown Jax. Good luck

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  • Opposing lawyer filed affidavit of mandatory disclosure but did not provide lots of evidence required for permanent alimony?

    I understand I can file a motion to compel and that it asks what sanctions do you request from court. Is it too bold a request that they deny the argument for permanent alimony as they did not supply the documents for permanent alimony? They pro...

    Diane’s Answer

    • Selected as best answer

    To get more information on your spouse's financial circumstances, you can file two standard discovery documents. First, look online, you will find Standard Family Law Interrogatories for Original Proceedings. Fill this in and send to your wife's attorney. Second, file a Request to Produce, which allows you to request up to 3 years, maybe even 5 years, of financial information such as bank statements, credit cards, pay info, etc. This lack of disclosure happens often in family law cases and takes persistent efforts to get the necessary information. Good luck. (This is not legal advice, just my opinion!)

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  • Do I have to wait until I receive a "final judgement" before I can file an exception of a "proposed order"?

    I received a copy of a proposed order from the magistrate last week. Do I have to wait until I receive the final judgement from the judge to file my exception? I only have ten days to file once the order is given. I'm uncertain if that's from the ...

    Diane’s Answer

    No, do not wait. File your exceptions to the GM's Report within 10 days of that report. Timing is everything, you can lose all right to contest the GM's ruling if you miss this deadline.

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  • I had a Motion for Contempt hearing and was ordered to pay attorney fees for my ex. I can't afford them. Do I have options?

    I am pro se and my ex wife has counsel. We had back to back hearings for a Motion for Contempt that she filed and a Motion for Contempt that I filed. The Judge heard my ex's Motion but did not hear mine. The hearing started 25 minutes late and ...

    Diane’s Answer

    I agree with the comment about filing for rehearing. But timeframe for doing so is strict; must be filed within 10 days of order from judge. If it was a hearing before a general magistrate, you have the right to file "exceptions" with the circuit court judge assigned to your case. Regarding payment of attorney's fees, I would suggest proposing a monthly payment plan and at least make some effort with regular payments. Most judges will support the effort. Ignoring it will not go well with the Judge. I suggest consulting an attorney familiar with family law procedures in your area.

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  • Does a Florida Family mediator have to be certified by the Supreme Court? Does Chapter 44 require this? Are they protected?

    Should these non-certified mediators provide a waiver? Is continuing education involved? If both parties agree to use a mediator, is this all that is necessary? What statute would cover this?

    Diane’s Answer

    I agree with the prior answers to use a certified mediator. But if there was one issue that I wish would become more widely known is even with attorneys representing the parties, mediation is still used and, in fact, required prior to trial in all family law cases. Just become a spouse hires an attorney does NOT mean it is a declaration of war and that everything will become nasty and contested. Most family law attorneys work cooperatively with their opposing counsel, zealously protecting their client's position but working towards a solution, not adversary hearings. Mediation is a very important part of that process. We know who to use as a mediator for different issues, different temperaments, etc. And we attend with the client, helping them at mediation, recommending when to "fold em" and when to "hold em". So yes, use a certified mediator and yes, make sure you know your rights by consulting an experienced family law attorney. Good luck!

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