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Andrew G. Storie

Andrew Storie’s Answers

178 total


  • Can my incarcerated dad give me permission to live with a family friend at age 17 in florida?

    My mother is abusive and I no longer want to live with her. She neglects me and says awful things to me daily. I am at my breaking point andcant take it anymore. A family friend will allow me to live with her, has helped me get a job. I can afford...

    Andrew’s Answer

    If you are able to support yourself, your father can file a Petition for Emancipation on your behalf. What that means is that you become a legal adult in Florida and able to make your own decisions (you still cant drink or vote though). The Petition for Emancipation must show the Court:
    1. That you are independent and able to support yourself.
    2. A specific plan for meeting your needs if you are not supporting yourself at the time of petitioning.
    3. That you are not dependent on public benefits.
    4. The reasons why you need to be emancipated.
    5. Evidence that the removal of disabilities of nonage is in your best
    interest.
    If your Mother does not sign the Petition, she will need ‘Service of Process’: To be served on her by means of a ‘Summons’ and a copy of the petition and all accompanying documents, if any, by a Deputy Sheriff.

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  • I can sue my wife administratively from who I'm getting divorced from taking over the rent of properties in common?

    My wife and I are separated since many years and now we are getting divorce. Since we separated she took control of our rental properties and she keeps all the rental proceeds and the money of the rent however we don't have children and she re...

    Andrew’s Answer

    If the properties were acquired during the marriage, no matter whose names are on the titles, they will be considered marital property (except under a very few circumstances). There is no such thing in Florida as a legal seperation. Being married is like being pregnant - you either are or you are not. As a result, any income from the date you got married until the day you (or she) files for divorce is considered martial income, whether from your paychecks or the rental properties - equally hers and equally yours. This does not necesarily mean you are entitled to get back one half of the rental income all the way back to the seperation. If she has disapated (wasted) the money, you can go back and ask the Court to make her reapay you one half of the monies she disapated up to two years before the date of filing for divorce. During the divorce proceedings she will need to provide all the documentation for the properties, including the rental agreements, mortgages and income received, etc. You can ask the Court to sell the properties and divide the equity in them, if any. There are some other things you may be able to do to get one half of the rental income now, but you would really need an attorney to help you with that.

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  • Child support and custody from DE to FL. Help!

    I'm the primary custody holder of my daughter. Have paperwork in place and court ordered in the state of Delaware. I'm now a FLorida resident. Do I need to transfer any paperwork to the state of FL? I'd like to obtain more child support - the righ...

    Andrew’s Answer

    I agree with my colleague above that you can file a Petition to Domesticate and the file a Petition to Modify Child Support. The Florida Department of Revenue - Child Support Enforcement can help you do this....for free....contact your local DOR office - in Broward County it is located at 1900 W. Commercial Blvd. Suite 190, Ft. Lauderdale, FL 33309-7134

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  • I have been divorced for nine (9) years. I exited the marital home with the understanding that my ex wife would pay the mortgage

    My Ex recently filed a motion to modify dissolution of marriage to award her the family home. I have no problem with her retaining the home but she wants me to sign a quit claim deed so she can try and save the home from foreclosure. I was informe...

    Andrew’s Answer

    I agree with my colleagues above, however, you can also file a Motion to Enforce the Final Judgment of Dissolution of Marriage and request the Court to order the house immediately sold

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  • My ex wants to take my son out of the state for vacation and I have told her no. She says she is going anyhow.

    My ex wants to take my son out of the state for vacation and I have told her no. She says she is going anyhow. What can I do to prevent this. I only have till Friday evening, July 6th.

    Andrew’s Answer

    What does the Parenting Plan say? Does it allow her to take the child out of state? If it is silent and it is not interfering with your timeshaing, then there is not much you can do. However if it does interfere with you timesharing you can file a Motion for Contempt

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  • My ex wants to take my son out of the state for vacation and I have told her no. She says she is going anyhow.

    My ex wants to take my son out of the state for vacation and I have told her no. She says she is going anyhow. What can I do to prevent this. I only have till Friday evening, July 6th. This is what it states in our parenting plan - Out of sta...

    Andrew’s Answer

    While I agree that the parenting plan is a little inconsistent (Out of state travel:
    Is permitted when notice is provided to the other parent 5 days in advance. and Out of state travel: Is not permitted without the prior written consent of the other parent.) However, in your situation, you ex will be in violation if she does take the child because she hasnt complied with either guideline. Unfortunately, at this late date, there is very little you can do to stop her, make sure you send an email to her stating that you are not consenting to the travel and that she did not provide you with the required notice or itenerary. If she goes and takes the child anyways, your main recourse is to file a Motion for Contempt so the Court can sanction her. The only way a Court will get involved before Friday night is if you were to file an Emergency Motion - however, those motions are for situations when the child is in physical danger or another parent will be absconding with the child out of state (with no intention of bringing the child back)

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  • How does my husband fill out the child support modification forms to serve to his ex? He is in federal prison.

    My husband is in federal prison. I am helping my husband fill out the modification of child support forms and will be mailing them to him for him to get them notarized. Does he also have to file the certificate of compliance with mandatory disclos...

    Andrew’s Answer

    I agree with Attorney Chambers, the date you put on the certificate of service is the date you mail them to the ex. If this is a modification proceeding, you do not have to have her personally served by a process server again, you just need to mail it to her - but make sure you are mailing it to the address that the Clerk of the Courts has on file for her.

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  • How to respond to motion to dismiss if I think the statue is being misread

    Thr mother of my daughter filed for motion to dismiss under F.S. 742.021(1) which reads : 'the proceedings must be in the circuit court of the county where the plaintiff resides or the county where the defendant resides.' That being said we both l...

    Andrew’s Answer

    While you filed in the proper circuit, you did not file in the proper venue. The proper venue is Duval county. So, you can file a Motion to Transfer Case asking the court in Nassau County to transfer it to Duval. Once the court does this, the mother's motion to dismiss will be moot. You may want to get an attorney to help you do this.

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  • Going through a Divorce (Florida). We agreed I'd keep the home, him his 401k. How long before he has to move?

    In Feb. we agreed that he would move at the end of May, which would give us both time to save & pay off bills, etc. I paid for and filed for a Simplified Divorce last month. We entered an agreement w/ the court, he keeps his 401k and the ride-on l...

    Andrew’s Answer

    If the divorce is finalized ( A judge signed the Final Judgment of Dissolution of Marriage) you can do either one of two things 1) Filed a Motion to Enforce the Final Judgement (If it and/or the agreement stated he had to move out)...otherwise you will need to file an eviction in civil court.

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  • My friend owes back child supprt for her 2 grown children. Would child support agency let her keep a car that I give her?

    She also has 2 minor children who live with her. She has filed for child support for both of these children who have a different father than the grown children. I want to sell her a used car for a nominal amount to help her as she has no transpor...

    Andrew’s Answer

    I agree with both Attorneys Longwell and Rose, however, an additional consideration is whether or not she is actually paying towards her child support arrearage. If she is not, the Father or Department of Revenue Child Support Services can file a Motion for Contempt for her non payment and seek to put her in jail. In order to do so they have to set a purge amount - an amount of money that she has the ability to pay to get out of jail. So, while your gift of a car may not be seized - if she is not making her child support payments, they can determine the value of the car and use that amount as her purge amount (saying if she sold the car she would have enough money to meet her purge amount.)....What you might want to do is keep the car in your name and let her "borrow" it

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