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Emily McAlhaney Konicek
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Emily Konicek’s Answers

65 total


  • Can you bypass mediation of both parties agree, to go to court?

    Court ordered to go to mediation by judge about a passport issue. Ex and I agree that we won't agree in mediation and court will be the bet option

    Emily’s Answer

    If the Judge already ordered mediation, most likely the Judge will not waive it. Judges prefer that parties attempt to settle issues in mediation prior to going to court. Many times cases settle even when the parties think it is impossible. You could try to file a Motion to Dispense with Mediation, however, I doubt it will be granted.

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  • How is alimony calculated in Florida?is it just a formula or do I actually get to do something?

    i have a pending divorce coming up, my work is cyclical, sometimes i make over 100k in construction other times/most of the times i make 40-50k. i googled alimony in florida and many alimony calculators came up and i popped in the numbers and it ...

    Emily’s Answer

    There is no formula for alimony in Florida, only for child support. If you go to trial, the Judge will consider the factors for alimony. Your standard of living during the marriage is one factor the court can consider. Alimony is based on need and ability to pay. I recommend that you hire an attorney if you have a long term marriage and alimony is an issue.

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  • Need to serve spouse with divorce papers but have absolutely no idea where they are.

    Need to serve spouse with divorce papers but have absolutely no idea where they are. All I have is a former email address and phone number how can I serve with just this information?

    Emily’s Answer

    If you cannot locate your spouse's address on your own to serve the documents, you will have to hire a private investigator. The investigator may have to do a diligent search if the person is not able to be found. Once the diligent search is completed and the person is not found, you will have to try service by publication. I suggest that you hire an attorney to assist you in this matter. If the process is not done properly, your divorce will not be granted.

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  • What-is-a-shared-custody-arrangement-if you live in two different states -and-how-does-it-work

    what-is-a-shared-custody-arrangement-if you live in two different states -and-how-does-it-work

    Emily’s Answer

    A long distance parenting plan will be implemented. Typically the out of state parent will have timesharing with the child on holidays, most of the summer, and long weekends (depending on the distance). Usually the parties will have to split the cost of the transportation for these trips or split the driving requirement.

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  • Can a party's (able-bodied, no health issues) reported income be imputed up to Minimum Wage (40hrs) for Child Support mod?

    If their financial affidavit shows a very low income, is it typical to then impute min. wage?

    Emily’s Answer

    Yes, unless the Court finds that a parent needs to stay home with a minor child, then most likely the court will impute to minimum wage.

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  • Objections to Mandatory Disclosure and Motion for Protective Order??

    Question - My ex owes $132,000 for child support arrears for our adult children. He never makes the monthly payments and pays only when DOR files a motion for contempt. He filed a supplemental petition to modify the support payment. The issue i...

    Emily’s Answer

    You should consult with a family law attorney in your area. Arrearages are not modifiable unless the parties agree. You may ben able to file a Motion to Dismiss.

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  • I owe a lot of child support through the FL DOR. I inherited an IRA that I'm transferring to a bank account. Will they take it?

    I owe a lot of back child support through the Florida Dept. of Revenue and I recently inherited a beneficiary IRA that I'm transferring to a checking and savings account. The bank said I'll be receiving a check within 7-10 business days in which t...

    Emily’s Answer

    DOR most likely will not find out about the account automatically, however if a Motion for Contempt for non-payment of child support is filed against you, you will be required to complete a financial affidavit and disclose your assets. You should use this inherited money to pay off the child support you owe. The child support you owe will not go away.

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  • Need a child support lawyer ASAP

    Went to court judge order I pay $250 a month but I barely make min wage I can't afford that amount I don't mind paying but I just started work at a car wash and make $6.05 a hour and sometimes I don't even get to work so checks are like $68 after ...

    Emily’s Answer

    Attorneys don't work for free. Many will meet with you on an hourly basis to help you with the paperwork.

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  • I have been separated for 2 years. I want nothing except a divorce and to keep my car which I own and my personal belongings.

    He wants to keep the house which is upside down. My name is on the mortgage. I now live and work in another state. He keeps putting me off because he uses me on his tax returns and uses me for applications to get assistance for the mortgage. W...

    Emily’s Answer

    You need to file for divorce. You should hire an attorney.

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  • Was granted modification of child support 12/2010. On future mods can respondent RTP income docs for dates preceding last order?

    I received a request to produce income docs, w2's, tax returns, tax returns on teenage children?!, credit report with scores, etc. Opposing counsel is asking for 5 years of personal and business documents, many of which don't exist -even though th...

    Emily’s Answer

    Yes, nothing prior to the last order entered is relevant and cannot be used. You should object to this request.

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