Diane Lynn Paull's Answers

Did not know that I Owed Child Support, Bench Warrant Issued

I agree with the prior answer, this is very complicated and there are many areas to investigate to determine how this happened. A Duval County family law attorney can help you track this down or you could consult Jax Area Legal Aid (JALA at 356-8371), Three Rivers Legal Services at 394-7450 or the Florida Coastal School of Law Family Law Clinic at 680-7782. I would start with the child support enforcement office in the county in which you reside. Duval County Child Support Enforcement's...

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Can I get a divorce or separation, have him leave my home i got when we last seperated and that i pay for? Can he pay me support

I'm sorry to hear you are having such a difficult time. Florida does recognize a form of spousal support in relatively short term marriages. It is referred to as "bridge-the-gap" alimony to assist a spouse in moving from married life to single life. This type of alimony is based on the need of one spouse, you, for financial support and the ability of the other spouse, Kent, to pay. Even if your husband doesn't have a job, the Court does have authority to impute income to him. This allows...

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What is the first step to obtaining an efficient inexpensive divorce?

Although you may need help from an attorney, if you and your husband can reach an agreement after learning the basics of ivorce in Florida, it shouldn't be cost prohibitive. If husband doesn't want to work out a fair settlement, Florida law does contain a provision that allows the Court to order your husband to pay towards your attorney's fees. Good luck!

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How do I file for get a divorce when my husband will not sign the divorce papers?

Florida allows no fault divorce, and since you have lived in Florida for at least six months, you can file for divorce, have your husband served in prison and after the time expires for responding, the Judge will most likely enter a judgment dissolving your marriage. Issues of children, property distribution, etc., can be more difficult since he cannot respond but don't need him to sign anything to get the legal divorce finalized.

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Do I have to let my husband claim me and our children on his taxes if we are seperated?

Assuming nothing has been filed in court, the tax deduction for each child is based on the providing of support. Does your husband pay financial support for the children? Does he provide at least 50% of the financial support for the children? If not, he cannot claim the children. If your mother has provided 50% or more of the support for your children, she may be able to claim a dependent. IRS says the tax deduction defaults to the custodial parent, but that usually means a court order...

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Can I force my ex husband to continue paying the car insurance according to the divorce settlement agreement

You can request assistance from the Judge by filing a Motion to Enforce. The Motion should describe the terms of your prior Order, then describe your ex-husband's failure to follow those terms. You conclude with a request that the Court enforce the prior Order, requiring him to pay as ordered. File the Motion with the Court that issued the original Order (if you still live in that area) and be sure to send a copy to your ex-husband. Then call the Family Law section of the Court and ask how...

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Do I have to go back to court to have an income deduction order entered for my child support under FL child support laws

Florida Statutes § 61.1301 (1) provides that the Court must issue an Income Deduction Order "Issuance in conjunction with an order establishing, enforcing, or modifying an obligation for alimony or child support.-- (a) Upon the entry of an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support, other than a temporary order, the court shall enter a separate order for income deduction if one has not been entered." The...

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Ok I do not have a problem paying child support. Am I able to work outside the country and send child support with no problem

Good for you about stepping up to help support your child. You can pay child support through the State of Florida website with a credit card. See MyFloridacounty.com for further ilnstructions. Florida law does require child support be paid by Income Deduction Order directed to the payor's employer, unless agreed otherwise by the parties. It would seem a direct deduction from your paycheck would be the easiest method. Good luck!

What sort of thing is stated to benifit my cause in Motion to terstimony asnd attendance by minor for changing custody?

You cannot bring children to court without prior written permission of the Judge in your case. Please review FLorida Family Law Rule of Procedure 12.407. There is a standard form motion for requesting permission, Florida Supreme Court Approved Family Law Form 12.944(a). Here's a link: www.flcourts.org/gen_public/family/forms_rules/944a.pdf The Judge will consider the age of the children, if they are of sufficient maturity to express a reasoned opinion, before allowing their testimony. In...

Not married, custodial parent of 2 boys, I want to move over seas. Do I have to get permission if I am taking care of them.

I would be very careful about moving overseas without permission, since some type of court Order appears to have been entered in your case. You mention a child support award, which suggests a legal proceeding has occurred. You also state you are the custodial parent, which had to be established by some proceeding, either administratively through the Dept. of Revenue or the Duval County Circuit Court. Please review all Orders signed by a Judge or hearing officer to determine any restrictions...