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Emily McAlhaney Konicek
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Emily Konicek’s Answers

62 total


  • 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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  • My lawyer dropped me and she was supposed to submit a Parenting Plan to the Court...

    I had a lawyer at the last hearing and the GM ordered her to submit my Parenting Plan, but she dropped me. Can I just submit it myself if it is agreed upon, as well as signed and notarized, by both parties? Also, is there anything else I would nee...

    Emily’s Answer

    Yes, if it is signed and notarized by both parties you can file it. Your case should then be set for a final hearing in front of the GM so a Final Judgment can be entered.

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  • Do I need an attorney to fill out a 12.902 form?

    I have been paying child support for 6 years and am now unemployed. (no legal issues) I received a 12.902(b) in the mail to fill out. I want to make sure I do everything right.

    Emily’s Answer

    You need to speak with a tax advisor/CPA to answer this question.

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  • Can I file to increase child support if he does not pay through the state?

    I am mailed checks directly from him every week but would like to see if there is a way to increase support now that daughter is getting older...

    Emily’s Answer

    To increase child support you have to prove a substantial changes in circumstances which is typically an increase in income of the obligor. The fact that your daughter is getting older is not is not a reason for an increase (if that is the only reason). If he does not pay on time, you can request the court to enter an Income Withholding Order to get the child support garnished from his paycheck.

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