Thomas D. Marks’s Answers

Thomas D. Marks

Orlando Divorce / Separation Lawyer.

Contributor Level 3
  1. Ex-Husband claimed children on tax return that he wasn't allowed to. Can I alert courts he's violating Marriage Agreement.

    Answered 10 months ago.

    1. Thomas D. Marks
    2. Alan James Brinkmeier
    3. Thomas J. Wagner
    4. Robb Adam Longman
    4 lawyer answers

    Yes, if you had a Final Judgment of Dissolution of Marriage entered incorporating the Marital Settlement Agreement, then your Former Husband's obligation is based on the Judge's Order and his violation of the Order or Final Judgment can be corrected by filing a Motion for Contmept and asking the Judge to Order him to correct what he has done. The Judge has the discretion to Sanction your Former Husband for his violation of the Court Order.

    2 lawyers agreed with this answer

  2. In a divorce, how does a Judge normally deal with debts acquired after the petition(s) for Divorce is filed?

    Answered 10 months ago.

    1. Frederick Lincoln Pollack
    2. Betty Elaine Jones
    3. Thomas D. Marks
    4. Robert Jason De Groot
    4 lawyer answers

    in Florida the Court typically uses the date of filing the Petition for Dissolution of Marriage to determine or identify what the Marital Assets and Debts are. So if at the time the Petition for Dissolution of Marriage is filed your spouse did not have a particular debt but rather subsequently became obligated on that debt, then that would not be considered a Marital Debt used for Equitable Distribution purposes. Otherwise, spouses in an acrimonius Dissolution of Marriage proceeding might be...

    2 lawyers agreed with this answer

  3. My ex wife never gave me what I was awarded in our divorce. What can I do?

    Answered 6 months ago.

    1. Jeffrey Alan Klein
    2. Nicole Kessler Ferry
    3. Thomas D. Marks
    3 lawyer answers

    You cannot legally deduct those monies from your final child support payment. The court will likely not permit that and your former spouse will likely prevail on that issue. Did your final judgment have a self executing termination of the child support upon your youngest child's reaching the age of majority or graduating from high school. If not, you may need to file a motion to terminate the child support as it may not have automatically ended. This could be a much bigger issue for you as it...

    1 lawyer agreed with this answer

  4. Several months ago, my wife filed for a contested divorce. I never replied, however I always received extensions to the deadline

    Answered 6 months ago.

    1. Sabina Tomshinsky
    2. Thomas D. Marks
    3. Donna G Heller
    3 lawyer answers

    You should and can check to see if a Default has been entered by checking online at ninja 9.org. That is the clerks website. If a default has been entered you will need to immediately try to set it aside. Hopefully, that has not occurred. It is a good thing that you have been able to reach a settlement agreement. I would suggest you schedule a one hour or at least a 30 minute initial consult with an attorney to quickly look over your agreement and the status of your case to properly advise you....

    1 lawyer agreed with this answer

  5. My exhusband stop paying alimony orders by the court in 2012 what can I do?

    Answered 8 months ago.

    1. Jerry Michael Warren
    2. Betty Elaine Jones
    3. Thomas D. Marks
    4. Jeffrey B. Lampert
    4 lawyer answers

    The good thing about having a Court Order requiring your Former Husband to pay Alimony is that the Order is enforcible by Contempt and that means that the Judge has the power to impose a number of potential Sanctions against your Former Husband, including but not limited to throwing him in jail under certain circumstances, making him reimburse your Attorney Fees and Costs you are required to pay to take him back to Court and making him pay Alimony Arrearages as a lump sum or as extra payments...

    1 lawyer agreed with this answer

  6. Do I need to notify X-H pension plan that i do not want coverage?

    Answered 8 months ago.

    1. Melanie Lynn Quattrone
    2. Thomas D. Marks
    2 lawyer answers

    You mention being a beneficiary of a pension but also that your Former Husband paid all of the premiums. There are no premiums paid for a pension. Rather premiums get paid on a life insurance policy. Either way it seems like you could do some good with these funds by setting up a trust or other estate planning document to make sure the funds are used for a valuable charitable purpose. Otherwise, you might pay a lot of Attorney Fees trying to fight being a beneficiary and receive little for...