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Andrew G. Storie

Andrew Storie’s Answers

178 total


  • Is it reasonable to ask for a deviation of the child support guidelines?

    The form says: Any other adjustment that is needed to achieve an equitable result, which may include reasonable and necessary expenses or debts jointly incurred during the marriage. I cannot rent an apartment because my ex-wife skipped out on t...

    Andrew’s Answer

    I would need a little more information from you to fully answer your question. If your ex-wife was ordered in the divorce to pay those specific debts and she has defaulted, resulting in the companies coming after you, depending on your income, you may be able to persuade a judge to deviate from the guidelines.

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  • Can anyone qualify for an injunction for protection against repeat violence, or must they be blood/family/dating related?

    The petitioner against me is frivolous, the relationship is odd but its my child's mother's adopted mother. I understand in Domestic Battery charges there must be a relationship thats listed in the law, so I wondered doe sthis injunction have s...

    Andrew’s Answer

    Any person who is the victim of repeat violence or the parent or legal guardian of any minor who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence (§784.046(2)(a).
    The Petitioner must allege two incidents of violence or stalking commited by the Respondent, which are directed against the Petitioner or the Petitioner's immediate family member. §784.046(1)(b). One of the two incidents must have occured within the six months prior to the Petitioner filing the Petition. §784.046(1)(b).
    So, the answer to your question is that, unlike filing a Petition for Injunction Against Domestic Violence, you do not have to be related to file a Petition for Injunction for Protection Against Repeat Violence. You just need to make sure you have at least two incidents of violence and that the most recent act of violence occured no more than six months before filing the petition.

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  • I believe I may be a victim of marriage fraud

    I met my wife and 5 months later we were married. I married her because I loved her, and she claimed to love me as well. I knew about her illegal immigration status one month after meeting her, so we married quickly in order to adjust her status. ...

    Andrew’s Answer

    If you believe you are the victim of marriage fraud you may qualify for an annulment. In order to qualify for an annulment you have to prove the marriage was induced by fraud (your scenario seems to fit) AND that the marriage was never consummated (you did not have sex with her after the marriage ceremony). If you meet both of those requirements, you can get your marriage annulled. If you did sleep together after the marriage took place then you will have to file for divorce.

    As to her immigration status, I would need more information on where she is in the process....The general rule is that divorce terminates a conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination. A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith and the alien was not at fault for his failure to file the joint petition to remove the condition. Generally speaking, if the conditional permanent resident can show that the marriage was entered into in good faith, it is presumed that she was not at fault for failing to file a joint petition.
    If you have any questions regarding annulments or divorce, please feel free to call me at 407-838-0887.

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  • I thought me and my first husband was divorced in 2005 .I remarried in 2006,come to find out I wasn't divorced until2008 from my

    just found out the first set of divorce papers were a court minute.Didn't find out until 2011 that I wasnt divorced until208 .Does that make my marriasge void

    Andrew’s Answer

    Hello, I am a family law attorney in Florida - Please note this is general information only, not legal advice as I am not a licensed attorney in the state of Arkansas. If you were still legally married to your first husband at the time you married your second husband, then your marriage to your second husband is void.

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  • Which parenting plan should I submit? The children currently live in another state with me, but since florida is homesta

    -te, I am filing for custody in florida. The father currently has no time-sharing, and I have temp custody. Should i file the supervised plan, or the long-distance plan? Thanks.

    Andrew’s Answer

    You have not provided nearly enough information to fully advise you on which parenting plan you should submit. I would highly recomend setting an office conference with an attorney to fully discuss your case so that you can have a better understanding of which one is best for you to file.

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  • If child support was agreed for on a mediation agreement, will it stay the same in final hearing?

    If my soon to be ex agreed to an amount for child support in mediation, will the final hearing produce any sort of change? In other words can she ask for more, and how likely will the judge be to approve it?

    Andrew’s Answer

    It is possible the judge could modify the child support amount at the final hearing. The only way for the judge to modify it, would be that the amount of support agreed on is more or less than what the child support guidelines say child support should be. Florida courts must use the child support guidelines to calculate the child support each parent must provide. Although Florida's family law judges can deviate from the guideline amounts, judges must provide written justification for any deviation -- downward or upward.
    So, if the amount you agreed upon in mediation deviates from the guidelines amount, the judge could order the guidelines amount instead.

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  • Ex wife refuses to let me see my son although im court ordered to have him on weekends..what should i do?

    i am court ordered to pay $242 a month in child support and to get my son every other weekend, the summer, and select holidays for my son from a previous marriage. i just paid $400 because i just got a new job and knew i was a little behind. i pic...

    Andrew’s Answer

    I agree with attorney Bachart. I would also get in writing, via email or text, from her stating you cant see your son. Also, if she refuses to allow you to pick up the child, call the police. They will probably not force her to turn the child over, but they will fill out an incident report and the responding officers can be subpoened to testify that she refused timesharing.

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  • Can I use my ex-husband's previous conviction on a Domestic Violence charge as a defense in a modification of time-sharing case?

    My ex-husband has petitioned the courts to modify time-sharing with our 16 year old son. He is currently $20,000 behind in child support which is why he decided to file this. I have been researching quite a bit and have found some information in ...

    Andrew’s Answer

    To fully answer your queston, you would need to provide more information. Specifically when was he arrested and convicted of Domestic Violence? Was it before or after the divorce. If it was before the Final Judgment. If they were prior to the Final Judgment, then it is probably not relevant, as the legal standard for a modifcation of timesharing is a showing of a substantial change of circumstances since the entry of the Final Judgement.

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  • By an order, we are to split medical cost for minor children. I pay child support to them. I submitted medical bills 3 years ago

    to the other party and they have never paid. Since they did not pay their share, and the fact the child support has become to much, I was forced to file bankruptcy. Can I still take them to court to recover their portion of the money owed?

    Andrew’s Answer

    Yes, medical bills are considered a form of child support, therefore you can file a Motion for Contempt/Enforcemnet.

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  • A stipulation was signed for me to pay child support through Tallahassee, however, no case is set up yet, what do i do?

    A support payment is due, but no case has been set up in Tallahassee, what do I do with the payment?

    Andrew’s Answer

    I am guessing that the order adopting the stipulation has not been signed by the judge yet. If you pay your ex directly, you may not get credit for they payment. I would hold on to the money and send all payments (including the past due ones) directly to Tallahassee as soon as the case is set up.

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