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Gwen Cryer
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Gwen Cryer’s Answers

113 total


  • Looking for a strong and competent lawyer with a Fl and NY background to represent me, and right a case that is terribly unjust

    Father (custodial parent) and I agreed to both relocate to fl 3 years ago. It was discussed then that this would significantly change the order of support. It was agreed then that prior to his relocation a notarized agreement in compliance with NY...

    Gwen’s Answer

    If you have both relocated to Florida, then Florida can take jurisdiction of this case. You need to hire an attorney and discuss with them what specific relief you need, and then petition the Court for it. It doesn't necessarily need to be an attorney with a NY background, since it sounds like the case is to be transferred here.

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  • I have a divorce decree stating my husband is to pay me alimony biweekly. Husband will not pay full amount.

    Husband is only in contempt unless he is late 2 times by 5 days. My current attorney will not even send him a lousy email. I am at my wits end. Can I and should I retain another attorney?

    Gwen’s Answer

    You haven't specified how badly he's failed to comply--really what action, if any, your attorney should take depends on that.

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  • My ex quit her job, unemployed for 6mo. Found job, got fired in 2 mo. Not stable, would a court grant me temporary custody?

    She just informed me that her rent went up and she won't be able to pay it becuase she's broke. Her lease is up in a month, with no money and no job her prospects are slim. She is no longer able to pay her portion of day care so our youngest had t...

    Gwen’s Answer

    I am not clear on the procedural posture of the case. Do you have an existing time-sharing schedule that is court-ordered? There are a number of factors that the court considers when creating a time-sharing schedule, and stability is one of those. If you are seeking to modify a time-sharing schedule that is court-ordered, you have another layer for the court to consider first, which is whether this is a substantial change in circumstances that warrants the court modifying an existing schedule.

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  • What if both parties want exclusive rights to property

    There is no mortgage on the home and he wants exclusive rights to property until sold he moved to another state 6 months ago, I live here and also want exclusive rights until sold do I have any recourse

    Gwen’s Answer

    Yes, your attorney can draft a Motion for the Exclusive Use and Possession of the marital home (I am assuming this is a marital home since you've posted this with a Divorce tag). It comes down to what is equitable and practical.

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  • Unfortunately I am looking into separating from my wife, however, I need to know what the consequences are for me and my childre

    I need to know if I need to pay her alimony. We have been married for 22 years and she has only really worked for 3 of those years, and has been working for the last 2 years. She is not on the mortgage, and has not paid a single penny towards tha...

    Gwen’s Answer

    Whether alimony will be awarded in your case is determined by your ability to pay, and your spouse's need. The amount and length will depend upon many factors. As for marital property acquired during the marriage, it is split "equitably," which generally means equally, regardless of whether one party contributed more than the other. No attorney can meaningfully advise you on the specifics of alimony without the parties' having undergone financial disclosure.

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  • Can I change locks on marital home after wife moves out of my house with her belongings? We have prenup.

    She moved out about a month ago into house she owns in another city. We have no marital children. She lived in my house for about 2.5 years. 2-Year marriage with prenup which states all assets and liabilities in individual's name is solely thei...

    Gwen’s Answer

    You should arrange for her to remove all of her personal belongings, enter into a written settlement agreement incorporating your prenup and stating all items have been distributed, and yes change your locks.

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  • Before divorce question regarding time -sharing possibilities?

    I live in the marital home with my kids. My spouse lives in another state currently. I plan on moving since this is her home and I am not on the lease.. We have been separated a long time. My question was if I move to an apartment with the kid...

    Gwen’s Answer

    It appears you are concerned about violating Florida's relocation Statute, however it also appears you have no court Order or time-sharing arrangement in place that would invoke that, nor anything pending with the Courts. You should consider where in Florida it would be best for the kids and you to relocate, and inform her. It is safest, in the spirit of shared parenting, to get her "consent" if you can. It does not make sense that she would not "consent" if she is not prejudiced (she's living out of state) and it's in the best interests of the kids.

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  • Can I, a 15 year old girl living in Florida with my father, choose where I want to live?

    I am 15 years old and I live with my dad who has custody of me. My mom lives in Miami and I would much rather live with her over my dad but I know my dad won't willing give me up and I'm scared to tell him how I feel. And I don't think my mom can ...

    Gwen’s Answer

    There unfortunately is no simple answer to this. As a minor, courts may be reluctant to put you in the position of favoring one parent or another, and even if they do hear what your preference is then it would be only one factor of many. They could still determine your best interest to be to stay with your dad. Obviously, it depends on a lot of things. One option that you can do is talk with your Uncle and parents about your Uncle getting temporary concurrent custody of you, since that is ideally what you want, and would not put you in the position of favoring either parent.

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  • I have a lawyer..how old does my daughter have to be to have a say in court?

    She is 11...and my ex is stomping all over her rights..when it comes to visitation or contact with anyone on my side of the family.witch she adores.

    Gwen’s Answer

    I agree with my colleagues' answers. Please, if you are not confident in your legal representation then retain different counsel.

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  • Do I have to respond to emails from potential babys fathers mother?

    my ex isnt trying to be a part, nor has he ever showed interest since finding out I was pregnant. Now that the child is here, his mother is contacting me asking about him. Would it be beneficial to respond to his mother or can I safely just ignore...

    Gwen’s Answer

    I agree with my colleague's answer. You don't have a legal duty to communicate with her, but apart from that as a mother you want to think about what's in the best interest of your child. And as for whether you'd "be looked down upon if this goes to court," that depends on many factors and this is not the appropriate forum to discuss. My suggestion is to contact an attorney to establish the paternity, timesharing, and child support, and that will clarify rights and obligations.

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