Robert Joseph Merlin's Answers

Backpay

That is a difficult question to answer. Under normal circumstances, the judge cannot go further back than when you file a request for modification. However, if you previously sought a modification and your ex-husband failed to do what he was ordered to do, you may be able to go back further than when you file your next request for modification. Given that your son is 17, I strongly urge you to take action as quickly as possible. Also, if your husband has the superior ability to pay attorney's...

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Separation and new debt

I am not sure if this is what you are asking, but you are not legally liable for a debt incurred during your marriage by your husband unless you have agreed with the creditor to be personally liable for that debt. If you want to avoid being personally liable for debts incurred by your husband in the future, you should advise the creditor, in writing, that you will not be liable for his future debts. However, you only have to do that if you have previously agreed to be personally liable for the...

Can i get joint custody and my daughter live with me during school in my divorce

First of all, please understand that the concept of "custody" was eliminated from Florida law in 2008. You and your husband need to enter into a parenting plan that addresses all of the issues that affect the health, welfare and well being of your child, including timesharing. In most cases, the parents negotiate a settlement of the timesharing issue, coming up with a schedule that they both can live with, which should consider the child's best interests. If the two of you cannot negotiate a...

Have a case management hearing for divorce next week. Are there any motions I shld file before hearing,can I file motions after?

You can file whatever motions you feel are appropriate. If the prior order required that the status quo be maintained, you can also ask the court to return you to the status quo, meaning order your wife to return your personal property to you. If you file a motion before the status conference, you should mention it to the judge during the status conference. Sometimes judges resolve such issues at the status conference. At other times, they schedule a hearing on the motion. I warn you, however,...

Father in NY has petitioned for custody/visitation, need to have jurisdiction changed to FL where child resides..w/o a lawyer?

Your question was cut off. You can file an action in Florida and the Florida court should determine that Florida is the proper venue. That may depend upon how much time your daughter spent in NY and her connections to each state. I highly recommend that you hire an experienced family attorney. Your case is complicated and you need expert legal representation. For more information and to see my web site, go to www.merlinlaw.com.

Since I went from fulltime to PT so I can attend to my childs's academic needs, can I use my jont tax returns in my next hearing

The answer to your question is complicated. A Child Support Guidelines Worksheet should be prepared both ways. My guess is that you are better off not using your husband's income. Your ex-husband's child support is not affected too much by your income. The threshold for him to get a modification is to show that the new child support is at least 10% less than the old child support, but you have the ability to argue to the court that it is not in the child's best interest to reduce the amount of...

My husband and I decided to separate but we will do it after get our residence. I want to buy a new apartment with my money.

You want to make sure that you have an agreement before you buy the apartment stating that your husband has no interest in your apartment. You also should make sure that you can afford to pay ALL of the expenses of the apartment before you buy it. For more information and to see my web site, go to www.merlinlaw.com.

Do i still have to pay child support if my son is over 18?

How could any child support be deducted if you were laid off? You need to contact your former employer if you are still receiving income from them and show them the agreement. They might stop the withholding without you having to do anything else. If they will not do that, you need to file a motion in court asking the court to terminate your child support obligation for the child who reached 18. You then would take a copy of that order to your employer and they would be required to follow the...

How can I obtain full physical custody of my three years old son?

You need to consult with an experienced family attorney. You should be able to get child support from the father, if you are not already getting it. He may also be ordered to pay for your attorney's fees. The issue about "custody" is too complicated to answer here. You need to discuss that in person with an attorney. If your child has always been living with you and you have not abused, neglected or abandoned him, chances are that the father is only making idle threats against you, possibly to...

If we divorce can my husband sell the house if both our names are on the deed?

This is a complicated question. If title is in both names and you are divorced, the ownership of the property will have to be addressed. The likely choices are that the property is sold and the proceeds are divided in some way between you and your husband, the property goes to you, the property goes to your husband or the property is owned jointly until it is sold at some time in the future. There is a presumption under Florida law that a custodial parent should have the right to remain in the...