Jeffrey Paul Battista’s Answers

Jeffrey Paul Battista

Vero Beach Divorce / Separation Lawyer.

Contributor Level 8
  1. Will an ongoing Florida divorce case be affected by successful alimony reform?

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Jeffrey Paul Battista
    2 lawyer answers

    I have to agree, no one is really sure what for alimony reform is going to take or if it passes what it might look like when the legislature is done with it.

    1 lawyer agreed with this answer

  2. In a divorce in fl, am i entitled to half of my husband's retirement acct, even if he has not worked in 10 yrs ?

    Answered over 2 years ago.

    1. Jeffrey Paul Battista
    1 lawyer answer

    This will depend largely on when the retirement account was earned. If it was earned prior to you being married, he may be able to claim it as a non-marital asset that he should be solely entitled to. If it was earned during the marriage, you would clearly have a right to half. If it was earned both before and after the marriage you would likely have a right to one half of the amount earned during the marriage. The same basic principal would apply to the interest earned, but may be a bit...

    1 lawyer agreed with this answer

  3. My Ex-husband has lost his job and we have filed a modification of child support what I do when he starts working again?

    Answered about 4 years ago.

    1. Jeffrey Paul Battista
    1 lawyer answer

    You would need to go back before the Court to have the child support raised once he gets a job. You can still submit an income deduction order that would take the monies from his pay check, or you can opt to take the monies from him directly. A Florida income deduction order may not technically be enforceable on a Rhode Island employer, but most of them don't know that, plus Florida would still be keeping track and able to enforce any deficiency.

    1 person marked this answer as helpful

  4. Divorced in TN in 2003, now live in FL. Ex wife consolidated our student loans.

    Answered over 2 years ago.

    1. Jeffrey Paul Battista
    2. Juna Madray Pulayya
    2 lawyer answers

    The problem with giving you a good answer is I am unsure as to why Tennessee law might not have put them in the original action. If she has unilaterally put these loans in your name after the dissolution, you may have a separate CIVIL action, as the two of you were not married at this time she did it. If would be as if a friend was somehow able to get their debt on your name, I think you would sue them rather than revisit the family case.

  5. Sentenced in one county while on probation in another.

    Answered about 4 years ago.

    1. Jeffrey Paul Battista
    2. Timothy England Moffitt
    3. Jay Roger Rooth
    3 lawyer answers

    It sounds as though you would effectively be "on probation" while being in jail. (You could still violate by getting into a physical fight while in jail, for instance.) Most likely you will not be violated for not being able to keep up with paying the costs, as you have no ability to pay and it's clearly not a willful violation of probation. Normally these unpaid costs are either converted to a civil lien or judgment against you, or some jurisdictions suspend your driver's license until they...

  6. What wil happen if the person is on felony probation and VOP with intent to harm with deadly force ?

    Answered about 4 years ago.

    1. Adam Leo Bantner II
    2. Timothy England Moffitt
    3. Jeffrey Paul Battista
    3 lawyer answers

    It would be impossible to know what someone would get as it depends greatly on who your judge is, who your prosecutor is, who your lawyers is and where you are located.

  7. Is there a divorce filing fee in FL if I am unemployed?

    Answered about 4 years ago.

    1. Jeffrey Paul Battista
    2. Joanna Marie Mitchell
    3. Vera Bergermann
    3 lawyer answers

    You can call your local clerk of court and ask them about the things you need to show in order to prove insolvency. Forms off of the internet are always inferior to the drafting of an experienced lawyer and may greatly impact your rights.

  8. Condition release

    Answered about 4 years ago.

    1. Jeffrey Paul Battista
    2. Timothy England Moffitt
    3. Corey Ira Cohen
    3 lawyer answers

    It all depends on what you were charged with and how it is the judge fashioned the sentence.

  9. Can I have an adjudication withheld sealed or expunged?

    Answered about 4 years ago.

    1. Jeffrey Paul Battista
    2. Timothy England Moffitt
    2 lawyer answers

    If you plead guilty or nolo contendere (no contest) to any of the following offenses, regardless of whether adjudication was withheld, you are ineligible to have your criminal record sealed or expunged under Florida law. However, if you were charged with, or arrested for any of, the following offenses and charges were later abandoned, dismissed, or dropped, you are eligible to have your criminal record history expunged. * Aircraft piracy - Section 860.16, Florida Statutes * Arson...

  10. Can i erase a domestic violence charge that i filed in miami?

    Answered about 4 years ago.

    1. Jeffrey Paul Battista
    1 lawyer answer

    It sounds as thought you have filed for a domestic violence injunction, not filed criminal charges. If that is the case, call the office of the issuing Judge or the Clerk of Court where you filed the injunction petition, and see what their procedures are for dismissing it. This happens frequently and every Court has a procedure for how to accomplish it. An injunction is not a part of a person's criminal record, so this would have no impact unless there was a criminal arrest or notice to...