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Andrew Thomas Windle
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Andrew Windle’s Answers

5 total

  • Child support modification effective from petition date?

    If I file a child support downward modification is it effective from the date I file or from the date the judge rules on it. can i do this myself or should i use attorney

    Andrew’s Answer

    Florida does allow child support modifications to run retroactive to the date of the filing of the petition. That means that if you want an increase (or decrease) in child support and you filed, say January 1, 2014, but the case lingered on until December 31, 2014, the Judge has the ability to make the adjustment date back the full year (so that the change would have been made effective as the date of the filing). This is very important because if you have the right to modify due to a change, but you do not file, the court can not make the change go back to any date earlier than the date you filed.

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  • In an enforcement motion for failing to comply with Final Judgment and stopping alimony, what are some consequences of.....?

    One party cancelled his own deposition only a few hours before deposition was to proceed. Subsequently, same party cancelled scheduled mediation three days prior to date. As well, several months before these two events, same party failed to respon...

    Andrew’s Answer

    Many judges require mediation before trial. If mediation did not occur then the notice for trial may be struck by the judge. If you/they are inclined to go to trial, then the motion to compel could be set for a short matter hearing (in areas that have such hearings available). That would allow the judge to hear the issue in time address the need for the documents prior to the pre trial conference. However, it sounds like something else is at play here if a 75 day extension was given. That is unusually long. This person needs to speak with an attorney and get on the same page about the action being taken to avoid going to trial unprepared.

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  • How do you get out of a bigamy situation?

    For instance, married 05/07/09, found out I'm the "4th wife" and just recently spoke with the 3rd which stated that their divorce was finalized 07/06/10 which there's a possibility that he's still married to the other 2...smh

    Andrew’s Answer

    In Florida a bigamous marriage may be annulled. That means that if you were married to your spouse when he already had a wife, then the marriage can invalidated (like it never happened). If the marriage is invalid then you will not get the benefits that are available to a divorcing spouse. You should think closely about your decision to seek an annulment versus a divorce. In a divorce you might be entitled to alimony, but that is not available in an annulment. Further, annulments make distribution of property more complicated and less certain. It is also important to note that annulment law is not found in statutes, but rather are founded in common law. That means that the law is not as defined as those relating to divorce. In fact, most family law attorneys have never done a contested annulment. It just so happens that my firm has experience with annulments, and from the benefit of those experiences I will tell you that you need to make sure you get an attorney that has experience with annulments, and you need to carefully consider the cost and benefit of seeking an annulment as opposed to a divorce.

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  • What are consquences for not complying with judges order for financial affidavit?

    On Aug 10th, my ex-husband was court ordered to file a new financial affidavit within 20 days. He has not done so. We have a hearing on 10/13 to determine a new child support amount but he still hasn't submitted his fin aff. What can I do to make ...

    Andrew’s Answer

    If the purpose of next week’s child support hearing is to determine the correct amount of child support, you will need to present evidence as to your ex-husband’s income. Financial Affidavits are a part of the family law procedure because they allow the Court easy access to the income information of each party. Income is one of the largest factors that goes into the child support guideline calculation, and you will need to be able to demonstrate your ex-husband’s income to get an appropriate level of child support. If you have other evidence, such as testimony of his employer, that will adequately demonstrate his income, then you can rely on that evidence to allow the Judge to get to the right child support calculation. If you do not have evidence of his income, then you need to file a motion for contempt and set it for hearing so that you will be put into a position to get the necessary information (you should also seek his Mandatory Disclosure, which is a set of documents that include income records). A Court must have competent and substantial evidence to rely on in making a ruling. This means that the Court cannot award you child support without a finding of fact as to your husband’s actual or imputed income.

    That being said you have a couple of options. Family Law Rules, Rule 12.285 (f) lists sanctions that are available for your ex-husband’s failure to comply with his duty to provide a financial affidavit. The sanctions available include attorney’s fees, and exclusion of evidence that he did not provide you with timely notice (at least 24 hours in advance of the hearing). If he does not provide a Financial Affidavit timely, then you will be able to seek to exclude his use of any evidence that was not provided to you in advance, thereby leaving your evidence of his income unchallenged. You can also seek to have him held in contempt for his failure to disclose the information pursuant to the Court’s Order. In either event, your best bet is to begin to look at how you can get more creditable documents to demonstrate his income, like his W-2’s, his tax returns, his pay stubs… If he is unwilling to provide you with the Financial Affidavit, then he may understate his income when he is forced to provide it. This is why you want to get his Mandatory Disclosure documents, and why you may need to request that the hearing be continued to a later date.

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  • Can a person file a claim against an estate after 2.5 years for back child support when the estate is of minor value?

    The case has been open for nearly 3 years & the deceased ex,ex wife is claiming she can file a claim of 27000.00 against the estate which is valued around 1000-3000 for back child support. can she do this?

    Andrew’s Answer

    Based on what you have stated she cannot maintain this claim. Creditors are under very tight restrictions in terms of their ability to file claims. Known creditors should be given notice of the administration of the estate shortly after the time of death. Upon receipt of notice they have a very limited time to respond (last I checked it was 30 days, unless done by publication then it was 90 days). If she was given notice she failed to make his claim timely. Even without notice Florida Statute 733.710 would require the creditor to have made the claim within 2 years of the death. Since it has been more than two years her claim is barred by this statute of limitation. You should still consult with an attorney if she takes action to insure that this defense (and other appropriate defenses) are properly raised.

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