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Diane Lynn Paull
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Diane Paull’s Answers

33 total

  • 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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  • HOW TO GET A COPY OF AN ORDER (CHILD SUPPORT) - FLORIDA

    Good Afternoon - I was under the impression that child support was drafting funds from my account from an order dated 2011. However, it has recently been brought to my attention by child support that they are drafting a different amount from a "ma...

    Diane’s Answer

    I'm sorry to hear of your difficulty in getting this information. There are administrative proceedings through the Dept of Revenue, Child Support Enforcement, etc., that may be conflicting with your court order. I agree with the prior posting, a consultation with an attorney who can help track these sources to find the problem would be your best bet. Good luck!

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  • Can a 18 year old take her biological parent to court for child support payments.

    The biological father not on birth certificate and never paid nor was on child support and never really done anything for her. Daughter wants to take father to court and sue him for support payments for the past 18 years

    Diane’s Answer

    Well, the answer is really "maybe", as there are circumstances where a child can pursue child support against a parent for up to 4 years AFTER that child reaches the age of majority - in FL, 18 years old. But the parent that supported the child may also have a share of that claim. This is far more complicated than it sounds so, as much as everyone hates to hear this and wants an easy answer, you should at least have a consultation with an experienced family law attorney to fully explore this question before the 4-year statute of limitations runs.

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  • Is it legal for a mother to keep collecting child support when the child is living with the father?

    We live in fl and my husband has joint custody of his son and is supposed to still pay child support. My stepson is 11 and has been living with us the past 5 years while his mom comes in and out of his life.

    Diane’s Answer

    It's not a matter of "legal" or "illegal", as family law is civil in nature. However, the money is for the child and if the child is not living with the mother, the paying parent should consult an attorney about filing a Motion to Abate child support for the period of time the child has lived with him. Unfortunately, the "clock" to stop the accrual of child support against the paying parent doesn't start until he files that Motion along with a Supplemental Petition to modify child support. There are many, many details about this type of proceeding so please consult an experienced family law attorney; this response IS NOT meant as legal advice, just an observation.

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  • Details: My son has turned 18. I have a daughter 15. My son is still living at home.

    I have a current child suppoert Details: My son has turned 18. I have a daughter 15. My son is still living at home and will be going to a local college. Are there divorce guidelines to support me stating child support should stay the same sinc...

    Diane’s Answer

    I agree, check your Final Judgment, but generally child support in Florida stops at 18 or high school graduation.

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  • Can I go to the final hearing and state that I do not agree with the proposed settlement done by my ex's attorney?

    I will have to go to court tomorrow for the final hearing on the divorce only the terms I initially agreed more than 2 years ago are no longer doable and I don't agree with it. I filed separetely but his attorney says that she will dismiss my clai...

    Diane’s Answer

    Hearing will be rescheduled to time when both parties agree. Please contact husband's attorney's office.

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