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Laura Audra Moffett

Laura Moffett’s Answers

4 total

  • If a lawyer on the other side want me to come in for an emergency motion in 2 days . but i was not notified by the courts.

    family court my son mother wants to take my son from me he has been with me from kinder to now while she was out doing her the thing now she pregnant for an police went to the maternity addition program now clean for 3 months and wants to take my...

    Laura’s Answer

    An Attorney can Notice a Hearing just as the court can. You will need to attend the hearing. Emergency Motions are typically given less notice because the party filing feels that it is an emergency. You will need to attend the hearing and should consider hiring an attorney for this matter.

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  • How can they put on the child support paper work that I make 7.79 for 40 hours a week even though I have no job or money?

    They said that I owe 3200 based on my income even though my income is 0.00

    Laura’s Answer

    Sounds like minimum wage for 40 hours a week was imputed to you. You are responsible for child support whether you work or not because it is your children's right to receive child support. The states imputes income because you are ABLE to work even if you are not actually currently working. The children still need to be cared for. They still need food and water and electricity, ect...

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  • My husband had a child from another woman while we were still married. . We are still married however he does not have custoday

    He is unemployed. Can state of florida come after me for child support?

    Laura’s Answer

    No, you are not responsible to pay child support for someone else's child. However, keep in mind that the state will impute income for your husband, so if he is not paying child support he will accrue child support arrears.

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  • Do I have to file a petition for modification so that I can file a motion for contempt in a family law case?

    If an order has been filed in a custody case, does a new petition have to be filed to have a motion for contempt heard?

    Laura’s Answer

    No. A Motion for Contempt is utilized to enforce an existing Court Order. A new petition or Supplemental Petition is used to modify an existing order.

    If you are trying to enforce child support or anything else in your Marital Settlement Agreement or Parenting Plan, a Motion for Contempt is what you need. If you want to change your child support up or down based on a party's income increasing or decreasing 15% or more or want to change any other term of your Parenting Plan or Marital Settlement Agreement, then you need a Supplemental Petition to Modify.

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