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Gwen Cryer
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Gwen Cryer’s Answers

113 total


  • A divorce attorney that knows Florida and Texas laws

    I live in Florida. The judge ordered me to publish a notice of action in Texas. The courts in Florida posted my notice of action for dissolution of marriage free of charge because I'm indigent. In Texas I don't know how to get it posted or publish...

    Gwen’s Answer

    Is the divorce case pending in Texas or Florida?

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  • Does court issued notice of delinquency impact my ability to file for contempt?

    Ex filed for modification and stopped paying support. If the court issues a notice of delinquency will I still be able to file for contempt?

    Gwen’s Answer

    The Notice of Delinquency is a just a notice that the obligor is delinquent according to the official child support records keeper, so you can still file for Contempt. However, with a Supplemental Petition for Modification pending it may be that your ex had a change in circumstances such that they are not able to pay the existing amount.

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  • I am 17 years old and want to become emancipated and receive child support

    My dad pays my mom child support every month. I moved out and live with my grandparents. I turn 18 in a couple weeks and was wondering if I emancipated myself if I could receive the child support or if my dad could just not pay it and get it revok...

    Gwen’s Answer

    An order of emancipation terminates a child support order, however if you are turning 18 in 2 weeks you will be emancipated by law. The child support should be terminated based on the fact that you are no longer living with Mom--Dad should move for termination of his child support order based on that change in circumstances. That would also allow for retroactive modification/credit to Dad since the date you ceased living with Mom.

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  • How does child support works on the 50/50

    My baby momma got marry again and I live with my fiancee. Does her husband get checked for the childsuppport as well as my fiancee? Because the sale puppies for income and other stuff. And im sure she is going to say is all her husband money soI...

    Gwen’s Answer

    Your baby's momma's income is relevant to your child support obligation. You will have to establish that she gets an income from the sale of puppies etc., since her new husband's income is not necessarily her income (her new husband does not need to support your child). Child support is based on your income and her income, as well as the number of overnights you have. If you have 50/50 time-sharing per an agreement or Order and her income is in fact higher than yours then you would not pay child support. You need to file a Paternity petition in family court if you have not done so already.

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  • Just decided to get a Divorce. We have been married for 14 years. Have 3 children. I cant afford a high cost divorce.

    I want to keep things simple. He can keep the house. I want custody of my kids. No mess divorce. We just want to keep things clean for the kids and move on. Where do I start?

    Gwen’s Answer

    Hiring a divorce attorney certainly does not mean you will have a "high cost" divorce or that it will no longer be simple. Hiring the right divorce attorney is important. You may wish to get recommendations from people you know so you can find an attorney to help you accomplish your goals, or you may have to schedule several consultations with different attorneys to find the right fit. I would start there. Good luck.

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  • My brothers ex took him back to court for more child support and . I was granted due to clerical error!!??

    The original order did not include day care. My question is, do the courts take into account the support he pays for his other kids? He had 2 prior and 1 after. All court ordered support. Also, he has time sharing (78 days) which also was not take...

    Gwen’s Answer

    If he has a time-sharing agreement or order in place for 78 overnights per year and he is exercising those overnights then the child support amount would be slightly less than if he did not have any overnights at all. Monthly court-ordered child support actually paid for children from other relationships should have been taken into account as well.

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  • I am the residential parent, how close does the other parent have to live in order to recurve 50/50 time sharing

    I live 18 miles from the other parent

    Gwen’s Answer

    There is no set mileage for that. It comes down to feasibility just in a practical sense (transportation to school, for instance).

    Gwen J. Cryer
    Attorney at Law
    1507 Park Center Dr., Suite N
    Orlando, FL 32835
    Telephone (407) 370-9661
    Fax (407) 370-9480
    E-mail gcryer@lawgrp.net

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  • Ex has missed all his overnights with the exception of 2 in the last 10 weeks. (He took them 2 out of the 10 he should have)

    I also had to put my kids on Healthy Kids Insurance, (Only $15 a month) But he is also supposed to be paying for that too. He let their insurance expire in May apparently. Is this enough to get child support recalculated because he is not doing w...

    Gwen’s Answer

    If your child support was established taking into consideration that he would have a “substantial amount of time,” or over 20 percent of the overnights of the year, then you would have a basis to modify the child support if he is in fact not exercising that contemplated time. Per Statute, a parent’s failure to regularly exercise the time-sharing schedule set forth in the parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties not caused by the other parent shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to that is retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule. However, it sounds like he may only have less than 20% per agreement or Order. He was probably given credit for the health insurance payment he was court-ordered to pay, and his failure to do that now may cause a change his child support obligation, but it also may not reach the level of justifying a modification petition. For that to occur, the difference between the new monthly obligation and the amount he's ordered to pay must be at least 15 percent or $50, whichever amount is greater.

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  • I filed an injunction and it was denied. I need the injunction

    I have counts of threats, harassment, stalking and aggravated stalking, domestic violence and abuse to my pets. I have a small son and need the injncton for protection because of his gag affiliation and previous history. I didn't get a chance to s...

    Gwen’s Answer

    It sounds like you had an injunction hearing, in which the court took testimony from both sides. Usually, if there is any credible testimony which meets the standard for an injunction, courts will error on the side of granting an injunction. You may not re-petition the court for an injunction based on the same facts, but you can re-petition if there are any new grounds (e.g. if he does an act of violence or threatens an act of violence against you again). You must be prepared to testify specifically about any threats/acts of violence such that it places you in imminent danger, providing any available proof.

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  • Will deviation from child support work to consider other kids in home?

    I am in a custody and child support battle with my ex. He has requested I pay child support on our daughter. Since I have another child, who's biological father is deceased and paternity was never established and I not financial support for, can...

    Gwen’s Answer

    Since your other child does not have a court-ordered child support obligation, it will not get factored in to your Guidelines child support obligation for the child with your ex. You could Motion the court for a deviation from the Guidelines amount. One of the grounds is subsequently born children residing with you--the court has discretion in this kind of situation.

    Gwen J. Cryer
    Attorney at Law
    1507 Park Center Dr., Suite N
    Orlando, FL 32835
    Telephone (407) 370-9661
    Fax (407) 370-9480
    E-mail gcryer@lawgrp.net

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