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Elmer Sanchez

Elmer Sanchez’s Answers

191 total


  • Does a divorce decree trump how a property is deeded?

    My husband and I own a coop apartment in Manhattan. We are currently titled on the property as joint tenants in entirety but we are now getting divorced. He is giving me the apartment as part of the divorce settlement. However, he is going to ...

    Elmer’s Answer

    Your issue involves more than the family court can provide. You need to address the matter with a real property attorney in addition to the family law attorney to be certain.

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  • Should I go back before the judge to modify the order?

    When I got divorced my timeshare with my kids is every weekend. My ex-wife moved across the state with my children and now I can't see them as we agreed in mediation. Now I am only to get them every other weekend because she said every weekend is ...

    Elmer’s Answer

    I agree with my colleague, but the standard for modification is a substantial change in circumstances. I think you meet this burden. You need a petition to address the move and to modify the timesharing and potentially the support amount.

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  • I have a hyphenated last name, my mom and dads name. I just wont to drop my moms name. Can I do this?

    I live in Orlando Florida. It's to much of a hassle having 2 last names. For example lets say my name is Rodriguez-santos. I just want it to be Rodriguez, I don't think its really a name change but just dropping one name.

    Elmer’s Answer

    Yes you can. We can assist you in filing a petition to change your name. I assume that you are at least 18 years old. This is a relatively simple and non-costly process. Feel free to call for a free consultation to discuss this further. 407-426-5757

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  • Refiling for a restraining order. Unresponsive attorney went late for status update of counsel only on a case easy to prove.

    Not surprisingly Motion was denied. Can the same papers be refiled at Court or new facts are needed? Attorney that missed status update made Motion to Set Asside Order of Dismissal, but never justified the reason for being late. Victim has been ...

    Elmer’s Answer

    You can refile, but usually new facts are needed.

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

    Court order says we go back for CS modification in 6 month or when she has a job whichever comes first. I know she is working but she says she isn't. How can I go about finding out where she is working at? If she is telling me she doesn't have a...

    Elmer’s Answer

    Even if she does not have a job, you should still go back to court and ask the judge to impute an income to her equal to what she is capable of making. If she is not disabled, she can at least earn minimum wage. As for determining if she is working I agree with the other attorney.

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  • My ex husband terminated the lease to a business that was awarded to me as lump sum alimomy. What can I do?

    The hair salon my ex and I owned was awarded to me as lump sum alimony. Instead of transfering the business to me he terminated the lease and kept all security deposits. I am left unemployed. I had a verbal agreement to sell the salon and had the ...

    Elmer’s Answer

    The correct remedy is to file a motion for contempt and enforcement. You will also want to seek a civil judgment. Please call us at 407-426-5757 to discuss this matter further during a free in-office conference.

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  • Is the other party free from liability if its stated so in the marital settlement agreement and incorporated into a final judgme

    in a divorce we have a car that is in both our nbames. The husband agrees to be responisble to mak eall payments, repairs, maintaance, etc.. and the wife shall not be held responsible. After the divorce if husband was in accident and a suit was f...

    Elmer’s Answer

    This situation falls under the indemnification section of the law. If the judgment is clear and unambiguous, it will be used by the wife to make the husband pay any claims associated with the car. In other words, he indemnifies her for any loss.

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  • Can get my child support stop or lowered due my disability[dialysis, legally blind] income for the month is 810.00 and 242.00

    my income is 810.00 and 242.00 is deducted im unable to work and on disability due to that

    Elmer’s Answer

    Yes, you must file a petition to modify based on a substantial change in circumstances. I asume that your income has gone down. You will need to show at least a 15% change to justify your petition. This issue gets complicated, so contacting a local attorney is a good idea.

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  • Bui state florida

    i was out of the water with the boat on the boat trailer and i still have a bui

    Elmer’s Answer

    BUI is as serious and sometimes more complicated that a DUI. Contact a local attorney asap. The police report should shed some light on what the officer was thinking. There is a situation where you can be in actual physical control of the vessel and be charged with BUI. Sounds like we have a few pieces of information missing. Perhaps the officer saw you trailering the boat. A good attorney should have plenty to work with in such a case. good luck.

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  • What can I do about being violated for not paying enough restitution and court costs, although I have done everything else.

    I originally was arrested for 18 felonies, I fought the charges until I ran out of money, took a plea deal where they reduced the charges to misdemeanors. Unknown to me I also agreed to pay restitution and court costs for each charge($7800total) a...

    Elmer’s Answer

    The state will have to prove that you willfully violated If you cannot afford to pay. You may have a defense. Consult a lawyer locally right away.

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