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Kristen Smith-Rodriguez

Kristen Smith-Rodriguez’s Answers

78 total


  • I have sole custody of my daughter yet my ex can claim every other year. he only pays 89/mo how do i change so he cant claim

    what form do i need to file to not only increase child support but to start spousal support that he isnt paying and has been ordered to

    Kristen’s Answer

    If your former husband is ordered to pay spousal support and he is not paying, you may file a Motion for Contempt and Enforcement in which you explain what the current order is and how he is violating that order. If he is working, you can ask for an income deduction order so that you get paid automatically when he gets paid. As far as increasing child support, there needs to be a substantial change in circumstance that would allow the modification, such as him having increased pay. You then would file a supplemental petition for modification. You should speak with an attorney about the details required to ask for a modification. In that petition, you may ask the court to allow you to claim the exemption each year. Good Luck!

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  • Should I file a motion to set aside previous child support order, he had a full time all the time claiming part time work.

    He started working full time before the last child support court date on November 28,2012 and did not tell the judge and I just found out that he is working full time, the prior income deduction order is for part time at 7.67 but now he is full ti...

    Kristen’s Answer

    You can file a Motion for Relief from Order or Motion to Vacate Order. Please consult Florida Rule of Civil Procedure 1.540 which explains the grounds to allow someone to ask the court to vacate the order. And you can always file a Supplemental Petition to Modify the child support based upon his significant increase in pay (which would be the substantial change in circumstance that is required to modify a judgment). You should consult with an attorney to see which method is better for you case and how to obtain proof of his income that would be permitted to show the court. Good luck!

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  • Is lawyer needed at this stage at the case management part been going on for a yr

    Does boyfriend need to hire another attorney no assets doesn't want visitation rights no communication with kids but will agree to pay child support. Why does case have to go to trial

    Kristen’s Answer

    The short answer is no. However, boyfriend should contact an attorney to understand what he is agreeing to. One item you did not mention is whether there are any debts that need to be divided, because that issue (along with the others that you have mentioned) would need to be resolved in an agreement in order to avoid trial. The bottom line is, if both parties are in agreement, one of the parties' lawyers can draft the agreement, both parties sign it (after having an attorney reviews it for the person without an attorney) and trial would not be necessary.

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  • Can you ask for a continuance in a modification of time sharing trial based on this:

    My sister is going through this with her ex. They have a trial the 19th for it, and she just received all of the discovery she requested from him. One of the documents is a screen shot of a text MSG that was sent from her phone to his stating all ...

    Kristen’s Answer

    Yes, she can file a Motion for Continuance stating that additional time is needed to prepare for trial based upon the recently (and untimely) provided disclosure. She should speak with an attorney so that she can argue her motion for a continuance on the trial date if she is unable to get a hearing prior to the trial. She needs to be prepared to do the trial if her motion is denied. Have her see an attorney, good luck!

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  • Can initial divorce papers (non contested) terms be changed before divorce is final?

    When initially filing, without really understanding what I was doing (dumb I know)...I believe that I gave spouse sole custody. We have mediation tomorrow and I believe it's regarding the child custody. I want shared parental responsibility. I...

    Kristen’s Answer

    If you can settle at mediation tomorrow (even if you asked for something different in your petition) the only requirement to settle at mediation is that you both must agree on the terms. Be sure to think ahead because the parenting plan that you agree on will be in place until the child turns 18. You are not required to settle at mediation (or you can settle on a temporary basis). If your mediation does not settle in the way you are hoping, you will need to amend your petition to ask for what you actually want. In order to file an Amended Petition, you will either need written permission from the opposing party/attorney or from the court. File a Motion for Leave to Amend, and attach your Amended Petition to the motion and file with the court and send a copy to the other side. If they do not agree to allow you to amend, you will need to set a hearing on your motion for leave to amend. You should try to see an attoreny today, before you go to mediation tomorrow, so that you have a fair shot at settling . Good luck!

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  • Motion for contempt - msa, child support, et al

    I filed a Motion for Contempt of our Parental Sharing Plan, child support, medical expenses, etc. the other day. I have filed before. This is the first time the Clerk (South Palm Beach County) told me that the Motion had to be approved by the M...

    Kristen’s Answer

    If you are filing a Motion for Contempt on an open case, you may simply mail the motion to the opposing party. You will then need to set a hearing and send notice of the hearing to the opposing side as well. If this document is reopening the case, then you will serve it to ensure they receive notice. But in either case, the general magistrate would not need to approve the document.

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  • Can I file a civil suit against ex who has kept child from me for over a year

    We have 50/50 joint custody, decree states regular visitoation ( which she has been denying me ). She also moved out of state unilaterally and not informed me until month`s later. My 6 year old child tells me she wants to live with me/ or come fo...

    Kristen’s Answer

    You may file a Motion for Contempt and Enforcement which will outline what visitation you are suppose to have and how your ex is preventing that from happening. You also want to file a Motion Ordering Return of Child to State of Florida. Be sure to set the motions for a hearing and set notice to the other side. Your ex is required to file a Petition to Relocate (Florida Statute 61.13001) unless your final judgment allows her to relocate or you gave written permission for her to relocate after the judgment. You should meet with an attorney to discuss details and other options.

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  • I need to kno what to do when my husband if threathing to take my kids when he files 4 divorce. I dont work n dont have a place.

    We have a house together. Most of the bills are in my name. I havent been sleeping there at night because since Ive told him he harasses me about takin my kids n me not giving him another chance. I havent worked in 2 yrs due to an injury. I hurt m...

    Kristen’s Answer

    I agree that you should speak to a lawyer to understand your rights and you may even want to file first to get things rolling. First things first, you need to make sure that you are protecting yourself from domestice violence. Always report violence to the police. Please note that simply becasue one files for divorce, everything changes. In fact, nothing is suppose to change during the proceedings. Until he gets an order from the judge awarding him exclusive use and possession of the house, you still have the right to be in it. If he is paying for your medical insurance and car insurance, he is required to maintain those items. Depending upon the length of your marriage and contributions to the marriage and household, you may be a candidate for alimony, which would assist you with your finanial situation and getting a place to stay.

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  • What form do I need to file in order to take ex-wife to court for failure to pay child support?

    Ex-wife is court ordered to pay childsuport but has not paid in 8 years. Until recently, she has been in hiding so I could not have papers served. I now have her address and I want to take her to court. Children are still minors. Childsupport ...

    Kristen’s Answer

    When the final judgment, which orders child supprt be paid, was entered, was an income deduction order also entered? If you know where she is working, you may submit an income deduction order to the judge which will include the regular support payment she owes as well as an arrearage. You can file a Motion for Contempt and Enforcement. You state what the order requires, and how she is not following it. You then need to set you hearing. At the hearing ask for an Income Deduction Order to be entered (with an additional payment toward arrears). And you should call Child Support Enforcement again, and ask to speak with the local office.

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  • Modification of child support question

    My ex filed one of these due to a large increase in my pay. Our original agreement I was ordered to pay 230/mth for 2 kids. We agreed to cover our own child care when the kids are with us. Now since she filed to modify this she included what she ...

    Kristen’s Answer

    A modification of an order requires a substantial change in circumstances which is unanticipated. If you have a significant increase in pay, (without knowing anything else) it likely meets the substantial change requirement. Typically the child care expenses are included into the child support calculation. However, if your current order clearly states that you will each be responsible for your own, then typically that would stay the same. She will attempt to argue that the child care amount is part of the calculation and you should be responsible. You can include your cost of child care in your calculations and see how much it changes. You should speak to a lawyer that can run a child support calculation and see what sort of difference you are looking at.

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