Lourdes Maria Fernandez's Answers

I lost my job, I have $600 in child support. Can I get my child support modify?

You need to file a petition for downward modification of child support right away. You must also have a financial affidavit attached to the petition and have the Mother personally served. Time is of the essence, as the sooner you file, the less you may end up owing in arrears, in the event finds that you were vountarily unemployed.

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Can a parent terminate one's parental rights in FL state

Under the scenario described, Florida will not terminate his parental rights. You do have the option of filing for a modification, if a judgment of child support and timesharing was ever entered. If no judgment was entered in your case, you can petition the Court to enter an order regarding parental rights and responsibilities regarding your child. Under the new statute, you may obtain the right to make all major decisions regarding your child. You would have to file a parenting plan...

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How fast can I get an emergency child custody for my child if my sons father has taken the baby and doesnt want to give him back

You may file an Emergency Verified Ex-Parte Motion for Pick Up of Minor child. The judge may sign an emergency order for pick up of the minor child. Make sure you request Ex-Parte, this way he will not be given notice and you have the element of surprise on your side.

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What is the difference between mediation, and GM

Mediation is when you attempt to work something out prior to your final hearing and enter into a written agreement whereby you decide the distribution of assets and liabilties, timesharing with the children, tax exemptions, etc., A General Magistrate is a type of judge who hears and decides issues of the case. A judge will divorce you, not the General Magistrate.

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I recently received a letter from the Florida DOR scheduling me for a non-jury trial for 6/22/09.I was never served so I proceed

First, has there even been an order of child support entered? The child's mother must have received benefits from the state and the State is now seeking reimbursement. You may petition the Court for the establishment of paternity together with timesharing and you will be ordered to pay child support, in the event the child is yours. You may also request a paternity test with the petition.

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Video evidence

I apologize. I misunderstood the fact that the other party had denied the behavior. You must disclose the evidence anyway, if you intend to use it at trial.

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What is the difference between divorce and legal separation in FL, are both parties required to sign the dissolution

Florida does not have legal separation, we only have dissolution of marriage. An uncontested divorce is one in which the parties have agreed to the separation of their property, assets, liabilities, child support, if any. An uncontested divorce can also mean that the other party will not fight or contest the divorce. Florida, however does recognize separation agreements. For example, If you and your spouse decided to separate but for some reason did not wish to file for divorce, you...

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Enforcing a Marital Settlement Agreement

You will need to file a Motion to Enforce Marital Settlement Agreement and Motion for Contempt for his non payment of alimony and child support. Within the same petition or separately, you may add a count for an upward modification of child support based on increased expenses etc.,you must show that there is an actual need for modification, not just COLA and that he has the ability to pay the increased support.

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My minor son came to live with me. How can I stop paying child support and how can I get the ex to pay me for child support?

You can file a petition for temporary relief. If the attorney is stonewalling you, File an emergency motion for temporary relief and ask the Court to retroactively assess child support as of the date you obtained physical custody of the child.

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Must I inform a non-custodial father of an out-of state relocation?

The general rule of thumb is that in order for you to relocate outside a 50 mile radius of your current residence, you must obtain the noncustodial parent's approval. F.S. 61.13001 is the Stature that deals with relocation. You must strictly follow the procedures laid out in the statute, including notice via certified mail. If the Father does not agree, then you may always petition the Court for relocation. One of the factors the Court will look at is if he is current on his child support...

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