Cheri Lynn Hobbs’s Answers

Cheri Lynn Hobbs

Orlando Family Law Attorney.

Contributor Level 10
  1. Child support.. Need a help..

    Answered almost 4 years ago.

    1. Cheri Lynn Hobbs
    1 lawyer answer

    You can contact the Department of Revenue Child Support office and file a petition for child support (if it was never ordered previously in the domestic relations case). http://dor.myflorida.com/dor/contact.html The department will begin the process and will provide a department attorney to represent your child's interests. They can then have the court order your ex to pay the attorney's fees. If child support was court ordered previously and you need it enforced then you need to file a...

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  2. Answering a counter-petition

    Answered over 4 years ago.

    1. Cheri Lynn Hobbs
    1 lawyer answer

    In your ex's Answer to your Petition, any factual dispute you will address at a Trial (which in your contested divorce will be the Final Hearing). Any evidence that you have to prove your case should be copied so at your trial you have a copy for your ex and the judge. If your ex filed a Counter-Petition along with his Answer to your Petition, you MUST Answer his counter-petition. Don't file a new counter petition, just file an Answer and either Admit or Deny each of his allegations in the...

    1 lawyer agreed with this answer

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  3. Modification of primary residence for my 12 yr old son.

    Answered over 3 years ago.

    1. Cheri Lynn Hobbs
    1 lawyer answer

    You should immediately file a Supplemental Petition for Modification of Time Sharing and state that there has been a substantial change in circumstance since the Final Judgment. Then state what has changed (i.e., stop the ADHD meds and therapist). You can request that the child come stay with you and Dad to have time sharing going forward. You can also file a Motion for Contempt/Enforcement if your ex is not complying with the time sharing plan and/or not allow you to have contact (via phone...

    1 lawyer agreed with this answer

  4. My daughters father and I are splitting up, is there any previlage that he could have over me if I don't change her name to mine

    Answered over 3 years ago.

    1. Cheri Lynn Hobbs
    2. Earlynn Mae Stillwell
    2 lawyer answers

    He cannot have greater "rights" to the child based on the last name. However, if you change her name without his knowledge or consent then the court may look unfavorably on you. It would be wise to meet with a family lawyer to discuss your options. We offer free 1/2 hour consultations at The Divorce Center, P.A.

    1 lawyer agreed with this answer

  5. Visitation rights?

    Answered over 4 years ago.

    1. Cheri Lynn Hobbs
    1 lawyer answer

    Whatever is in your Final Judgment of Dissolution of Marriage for visitation/time-sharing applies to the Dad. However, if he has not utilized his time-sharing up until now you might be able to file a Supplemental Petition to Modify Visitation and allege that Dad has neglected to do the ordered visitation. Or you might choose to wait for him to file a motion for contempt or rule to show cause IF you decide not to allow Dad to have that visitation and then you have the opportunity to explain to...

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  6. X-wife will not change her name back to her maiden name,

    Answered over 4 years ago.

    1. Cheri Lynn Hobbs
    1 lawyer answer

    Unfortunately, you cannot make your ex-wife change her name back to her maiden name. Once an adult person lawfully changes their name, they are the only one who can petition the court to change their name back to their maiden name. Take a deep breath and be thankful you are no longer married to her. Neither of you can control the other party's current name.

    1 lawyer agreed with this answer

  7. What are my rights?

    Answered over 4 years ago.

    1. Cheri Lynn Hobbs
    1 lawyer answer

    You have what lawyers refer to as a "grey area marriage." This means it is not considered a short term marriage or a long term marriage but rather it falls within the middle. You are not automatically entitled to alimony/spousal support but based on your facts you have a strong argument for support. I would definitely hire an attorney and be prepared to "fight" for support if your spouse is not inclined to agree to it. You may be able to receive temporary, bridge-the-gap, lump sum, and...

    1 lawyer agreed with this answer

  8. Can i get backed child support for my 2 kids ages 22 & 24.never received a penny from the dad.I filed once but he was never serv

    Answered about 3 years ago.

    1. Cheri Lynn Hobbs
    2. Theodore James Rechel
    2 lawyer answers

    When your child turned 18 years old they became an adult and the jurisdiction for you to file for child support ended. If you have an open case that is STILL open and was filed PRIOR to your child reaching the age of majority you may have a way of getting child support. But...you need to meet with an attorney to provide more details. From the information you told me it would seem that you cannot get child support arrears.

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  9. How to enforce a parenting plan when ex won't cooperate?

    Answered about 3 years ago.

    1. Cheri Lynn Hobbs
    2. Theodore James Rechel
    2 lawyer answers

    You can file a Motion to Enforce Parenting Plan and address how your ex is frustrating your contact with the child and the decision for school.

    1 person marked this answer as helpful

  10. What happens if I put in a volunatry dismisal for my petition at court?

    Answered almost 4 years ago.

    1. Cheri Lynn Hobbs
    2. Alan James Brinkmeier
    2 lawyer answers

    If you want to dismiss your petition then you can file a Notice of Voluntary Dismissal. OR if you just want the case to progress you can file a Motion for a Status Hearing on the case.

    1 person marked this answer as helpful