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Thomas R. Peppler

Thomas Peppler’s Answers

538 total


  • Florida child support - can they count a non spouses income to determine payment?

    My boyfriend recently had a child support order to pay $430 a month. He currently supports me, our son and another child of his (the 4 of us reside together). To calculate his payment they took his income and although I am an unemployed stay at ho...

    Thomas’s Answer

    Either the judge made an error or there is something else going on, perhaps as a result of your boyfriend not using a lawyer. You should have no obligation to contribute to the support of children who are not yours. In my experience the court is not permitted to ad the other spouses income to the father's to increase child support. You need to have a lawyer look at this right away.

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  • Wife and I physically separated for apprx 6 years. She called me last night out of the blue and told me that I had

    She said I had to send her the kids for a visit or else? I am not sure what that means but she has been gone nearly 6 years and has not contacted us in over 2 years. We are all happy being separated, the kids are ages 16, 14 and 10 and after yea...

    Thomas’s Answer

    Mr. Hausler is correct. You can tell her "no." or just ignore her. Her only recourse is to file for divorce and then you will need an attorney.

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  • Ex-Husband won't remove my name from Mortgage

    My divorce was finalized in February of 2014. In our marital settlement agreement my ex husband was given our home. In the agreement it states that he was to refinance and remove my name from the mortgage by June 2015. He has made zero effort to d...

    Thomas’s Answer

    File a motion to enforce and see a lawyer about the possibility of forcing the sale of the property by partition.

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  • My divorce attorney wants to withdrawal after I have given a $20,000 retainer and no court date after 1 year!

    Attorney now claims she is "too busy" and wants to refer my case to another attorney. I DO NOT want to start over. Her paralegal took one 3 minute phone call from me and charged me at the lawyer rate too which I believe is unethical. I haven't ...

    Thomas’s Answer

    You can fire your lawyer at any time and she can quit any time. But she should account to you for whatever fees she earned and refund any unused fees. That will depend on your retainer agreement and her invoices. A new lawyer can step in and take the case form where it is now. But, of course, the new lawyer will require some kind of retainer. Contact a local lawyer and have him or her review your file and retainer agreement.

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  • How do I revise my child custody due to end of military service and change of permanent residence

    I currently now love in Apopka Fl and would like to change my custody

    Thomas’s Answer

    There are too many unanswered questions to give you an answer. Do you live in Seminole or Orange County? Apopka overlaps both. Was the last order entered on custody or contact entered in Seminole or Orange County?
    Are you the non custodial parent. Did you just leave the military? Were you in the military when the last order was entered?
    If you were on an unaccompanied tour overseas at the time the last order was entered. Depending on the language in the last order, you should be able to seek a modification and you will need a lawyer to assist you.

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  • I am looking for an attorney in the Sanford - Lk. Mary, FL area to see if I can get a modification of a MSA. I was married 20

    years & we have 1 son who suffers from major depression, severe anxiety, agoraphobia. I am not able to work full time because my son needs a lot of care & his emotional health has taken a turn for the worse. I would like to know what options I ha...

    Thomas’s Answer

    The question will be how much worse your son is now than at the time of the divorce. If his health has declined to the pint where you have top give up work to care for him, you may be able to get a modification. A lawyer will have yo read the final judgment and settlement agreement, if any. Any of us who have offices in Seminole County can help you.

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  • What are my rights if not legally divorced?

    I've been separated from my ex for 4 years (not legally just residentially), I'm looking to move to NY with my boys for financial reasons and to be near family. Do I have the right to take them out of state if there is no divorce or custody agreem...

    Thomas’s Answer

    You really should hire a lawyer for at least a formal consult and discuss tactics. If you move to NY you will have to wait for whatever period NY law requires before you can file for divorce and there are going to be jurisdictional issues about Florida property and your husband's connections to NY if any. In addition while yo are waiting for the NY jurisdictional period to expire, he could file for dissolution of the marriage here in Florida and make you come back to defend.

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  • Can I start my divorce proceedings in Florida when my spouse lives in NY? Or do I have to get the divorce in the county he lives

    About five months ago I had to abandon my home due to domestic abuse and since then my husband has kept control of all of our assets. He has sold many of our belongings including an apt in the Dominican republic. Has rented our home out and gave a...

    Thomas’s Answer

    You can file here in Florida after you have been a resident here for at least six months. But if he ignores the summons that you must serve him with, the court may grant the divorce, but it has no way to divide property in New York. If he answers the summons and petition, then he will have submitted to the jurisdiction of the Florida court and the court can then order him to deal with the property, etc. He could also ask the court to move the case to NY and that could very well happen.

    The conservative advice is to hire a NY lawyer to get the divorce done there.

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  • Can a civil judgment against a person affect there spouse?

    I have a civil judgment against me dated back in 2007 or 2008 . I live in Florida and am aware of the 20 year statute. The question is we want to sell our house. My husband originally wanted to get a loan using the house as collateral and was told...

    Thomas’s Answer

    The judgment creditor should not be able to reach any property held in your husband's name alone or in both of your names jointly. He is not liable to a third party for your individual debts. Period. The judgment creditor is strictly limited to finding assets in your name alone. Consult with an experience family law attorney, or a real esate attorney or an lawyer experience in asset protection.

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  • Writ of possession from divorce judge?

    My husband won't move out of the house even after being ordered to by the dissolution judge. Can the judge from my divorce case sign a judgment asking the clerk to draw up the writ of possession? or do I have to start a separate lawsuit to ask f...

    Thomas’s Answer

    Hire a local attorney who will read the final judgment and advise you if the language will support a motion for contempt and an order giving you possession. If the final judgment gives you title, you can also file an action to evict him. There is an expedited way to do this in the land lord tenant statute. But I agree with the others, you should at least pay for a consult and have a local lawyer rad the documents and advise you accordingly.

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