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Jeffrey Paul Battista

Jeffrey Battista’s Answers

27 total

  • Abusive ex-husband forced to sign 2 letters. One falsely stating that he paid child support & another to gain access to kids

    whenever he wants to, with no limitations as well as a request to remove all restrictions, limitations & financial obligations imposed on him by court. Wife's English is limited & she is physically afraid of him. She did not get the letters trans...

    Jeffrey’s Answer

    This idea of notarized letters come sup quite a bit, but I have yet to run into a judge that gives them any real consideration. I would not be terribly concerned with their contents or that they are binding given these facts. Most towns have programs that assist battered women on a number of levels, including providing free legal counsel. Would would be doing yourself and or your friend a big service by finding one of these.

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  • Interstate Child Support Enforcement Case (FL and AL)

    I am the CP and the NCP moved to Alabama and they moved his part of the case there, If I moved there too would the entire case move there even if the original order was in FL? Would AL guidelines apply as far as age of emancipation and collecting...

    Jeffrey’s Answer

    I am a little confused as to what "part of the case" would be moved to Alabama. They can move to enforce the Florida Order, but likely won't re-do what has already been done.

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  • I got a ticket two years ago and I paid it off. I went to court and they said I didn't. I don't have the receipt to prove it.

    I lost them. How can I prove that I paid the ticket?

    Jeffrey’s Answer

    If you don't have the receipt, the only other way would be to go to the source. If you've paid by check or credit card (most clerks of court won't take checks), then you need to go to the issuing bank or credit card statement. If this was a cash payment, the receipt would be your only proof.

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  • How long does it take to get a misspell fix on my birth cert. Because I'm in process of getting a new licence for work

    Misspelled one letter on my last name Birth certificate is from PuertoRico

    Jeffrey’s Answer

    This really depends on the work load of your current office of vital statistics.

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  • How long is a tro good for in ny

    fd

    Jeffrey’s Answer

    Temporary restraining orders should specifically state the effective dates. Normally they are temporary pending a more formal hearing to make the permanent or for a specific period of time.

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  • My girlfriend s mom called the cops telling them I hit her. I was not arrested. Should i get an attorney?

    I Didn't hit, I tried getting my phone back. She told the police I had hit her on the report. But I was never arrested. The police has not called me, not come to investigate me or anything. But an investigator called my gf trying to interview her ...

    Jeffrey’s Answer

    It's possible that the officer has everything that s/he thinks they need to take a warrant to the State Attorney's Office, and that you may be looking at being arrested on a warrant in the days to come. Most criminal defense lawyers offer free consultations and the good ones will have connections to local law enforcement and/or the State Attorney's Office to be able to find out if, in fact, a warrant is coming. It's worth taking a free meeting so at least you are prepared in that worst case scenario.

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  • Will an ongoing Florida divorce case be affected by successful alimony reform?

    The Florida legislature is considering alimony reform. If passed (SB 748) the new law will take effect on 1 July 2012. If a petition for dissolution of marriage is filed prior to 1 July 2012 but decided or resolved after 1 July 2012 will the re...

    Jeffrey’s Answer

    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.

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

    Student loans were never in the divorce. I was told then that they were not allowed to be in the divorce due to them only being in my name now. Can I go back and Amend the Divorce Decree and have the student loans seperated? In 2003 I only had und...

    Jeffrey’s Answer

    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.

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  • 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 ?

    if his retirement account has been accruing interest, but he has not been working, am i entitlted the to "gain" on the account duirng our marriage ?

    Jeffrey’s 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 more difficult to sort out in the last scenario.

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  • Sentenced in one county while on probation in another.

    I am presently on probation in Orange county and was violated due to a Lake county arrest. The VOP was dismissed at the hearing, but unfortunately, I am waiting to be sentenced to 366 days in Lake County. I will notify my probation officer at next...

    Jeffrey’s Answer

    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 are paid off. Talk to your probation officer about what happens in your specific jurisdiction.

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