Kristen Smith-Rodriguez’s Answers

Kristen Smith-Rodriguez

Titusville Litigation Lawyer.

Contributor Level 8
  1. Can I obtain a copy of my ex husbands tax returns, in order to modify child support?

    Answered about 2 years ago.

    1. Brent Allan Rose
    2. Gregory Thomas Buckley
    3. Kristen Smith-Rodriguez
    4. Steven B Dolchin
    5. Edward Joseph Chandler Jr.
    5 lawyer answers

    If he is not paying child support you may file a Motion for Contempt. That will reopen the case, and you may file a Request to Produce asking for documentation such as tax returns, pay stubs, financial affidavits, etc. Once you serve the document on him, he has 30 days to produce the documents. You may then use them as evidence in the Contempt hearing to show that he has the ability to pay and that is in wilful contempt of court by not paying.

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  2. What is an order granting leave to amend?

    Answered about 2 years ago.

    1. Kristen Smith-Rodriguez
    2. Garth R Goodman
    2 lawyer answers

    A party is permitted to amend their petition (include other items for the court's decision) with permission from the other party or with permission from the court. It basically means s/he filed a supplemental petition asking the court to do something and now s/he wants to amend that petition to include that the court establish paternity in the case.

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  3. Changing a custody order

    Answered about 2 years ago.

    1. Marian Audrey Lindquist
    2. Kristen Smith-Rodriguez
    3. Garth R Goodman
    4. Robert M Chambers
    5. Ronald Lee Bell
    5 lawyer answers

    The process requires you to serve the opposing party and they have 20 days to answer. You will then be ordered to attend mediation before you may appear in front of the judge (absent an emergency). If you do not resolve your issues in mediation, you may asked to set on a trial docket which may take place 8 months from when you request a docket. You seem to have an understanding of what is required. And yes, one of the factors is third party delegations. However, the question is whether the...

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  4. How likely is a Judge or General Magistrate to grant a motion to allow testimony of a minor child in custody hearing?

    Answered about 2 years ago.

    1. Kristen Smith-Rodriguez
    1 lawyer answer

    The Court will consider the age of the minor child, the child's maturity, and the content of the child's testimony. After such consideration the Court will also need to decide how the child testifies (often in chambers with the judge and a court reporter). Sometimes, as an alternative to the child testifying, the court may appoint a Guardian Ad Litem (however the party or parties will need to pay for the GAL if you are not involved in a dependency case). It is difficult to know the...

    4 lawyers agreed with this answer

  5. Whats a rough est on filing for a divorce

    Answered about 2 years ago.

    1. Kristen Smith-Rodriguez
    2. Joshua Eli Adams
    2 lawyer answers

    The filing fee for dissolution of marriage in Florida is $409.00. A summons must be issued for service and the cost is $10.00. The cost of hiring a process server to serve the petition is around $40.00. A legal retainer may range between $1,500 and $4,000 depending on the firm. Several firms do however offer free consultations. Keep in mind, you may always ask for suit money in your initial pleadings. Of course, whether a court awards you the funds to pursue your action depends on the...

    4 lawyers agreed with this answer

  6. Child custody

    Answered about 2 years ago.

    1. Kristen Smith-Rodriguez
    2. Joshua Eli Adams
    3. Joanna Marie Mitchell
    3 lawyer answers

    You certainly can (and should) make these allegations in your petition. The standard for making a timesharing schedule (not custody) is "the best interests of the children". Your argument would not necessarily be that your wife is living with a felon, but that he may be caring for your children, and could possibly endanger your children. If he has a violent nature, your children may be affected. Keep in mind that although one parent is awarded majority timesharing, the other parent will...

    4 lawyers agreed with this answer

  7. Do I need an attorney

    Answered about 2 years ago.

    1. Kristen Smith-Rodriguez
    2. John Arthur Smitten
    2 lawyer answers

    You may file one motion which may include three motions: Motion for Contempt, Motion for Enforcement, and Motion for Child Pick-Up. With contempt you state what the orders say and what the Mother is/is not doing. With enforcement you ask the court to enforce its previous orders of timesharing. And in both cases, discuss "the best interests of the child." For the pick-up portion, in your requested relief section you may ask the court to issue a child pick-up order with the assistance of law...

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  8. My girlfriend and i are not married but have a baby. we will not be together anymore. what can i do to get cutody of my daughter

    Answered about 2 years ago.

    1. Kristen Smith-Rodriguez
    2. Daniel A. Bachert
    3. Jeffrey B. Lampert
    4. Kevin Lee Mcnamara
    4 lawyer answers

    You would need to file a Petition to Establish Paternity (which can be picked up at the clerk's office). However, I would strongly recommend speaking with an attorney first, and preferably hire an attorney. The Petition to Establish Paternity is stating that you are the natural father of the child, you want majority timesharing (Florida abolished "custody") and that you having such timesharing is in the best interests of the child. Also know that the court will consider the factors found in...

    3 lawyers agreed with this answer

  9. How can I find out if my ex has a job?

    Answered about 2 years ago.

    1. Elmer Sanchez
    2. Kristen Smith-Rodriguez
    3. John Arthur Smitten
    3 lawyer answers

    You could hire a private investigator (but that is costly), you could ask around, or you could use the good old Facebook. You'd be surprised how much information people put on Facebook. Once you find out, you may file a notice of production from non-party. After you send notice to the other party and 10 days pass, you may issue a subpoena to that non-party (the job) and request pay stubs or work schedules.

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  10. Where would I find other forms of legal assistance (such as pro bono) other than legal aid?

    Answered about 2 years ago.

    1. Kristen Smith-Rodriguez
    2. Robert Jason De Groot
    3. Marian Audrey Lindquist
    4. Maureen Elizabeth Haas
    5. Christina Andrea Mckinnon
    5 lawyer answers

    You may be able to find a local attorney that accepts payment plans. Typically the process is a little slower so you can keep up with the payments. Also at the clerk of courts you can speak with te pro se coordinator. They cannot give legal advise, but they can help you fill out forms pertaining to your action. You may also want to find an attorney offering a free consultation before taking any action. Of course, you are right, it is best to hire an attorney.

    3 lawyers agreed with this answer