Want to know if I'm entitled to alimony and child support even though we're not married
In order to receive alimony in the State of Florida, there had to have been a legal marriage. However, if the children are his natural children and such is designated as such in the court of law, you are most definitely entitled to Child support if the children are minors. You may also be entitled to past support depending on how long you have been away from the father. Best of luck to you!See question
I am a teacher of a 2nd grader. Her parents are going through a divorce going on a few years now. I did not know this family until 13 weeks ago. The mother is asking me to be a character witness for her. Is this mandatory? Last year the teacher wa...
The involvement of a school teacher or witness has been a trend in family law for quite some time and, quite frankly, it is not appropriate for the most part. You should first call your school board's attorney who should be able to guide you - when sending out subpoenas to non-party witnesses, there is a special legal procedure that must be followed - I do not know if the parent who served you went through this procedure. Additionally, it may be such that your testimony may be deemed irrelevant if a Guardian ad Litem is involved or for a myriad of other reasons. What one parent is trying to do is to show the court that the child acts "better" on the days he or she is with that parent compared to the days they are with the other parent. Although you should not legally ignore a legally sufficient subpoena, you should contact the school board's attorney. Best of luck to you and thank you for teaching our young people.See question
I don't have the money to move out at this time ! can he throw me and my stuff out and burn it along with my dog . I work and have all my stuff here and in a storage shed which is in his name. What rights if any do I have? There is no written ...
Although I am an attorney in a different states where the laws may differ from those in your state, one thing is certain - although your boyfriend does have rights over his property, he most certainly cannot destroy yours. If he has threatened to harm your dog, as you state, then you should contact the police. Please contact an attorney in your State to advise you regarding what rights you may expect. Best of luck to you.See question
I Thank you for your input in advance
This answer depends on the timing, among other things. If you are with the person you claim to have married at a time AFTER you were already married to another man, that marriage is void. It is not a legal marriage. I am making the assumption, however, that you were not coerced or forced or otherwise tricked into marrying one or the other or did not do so without somehow realizing that 1 marriage was still legally intact - I worked on one case where the wife thought that the first marriage had been over based on legal court action that had taken place, so she felt she was OK and clear to marry the second husband. In either event, seek the advice of an attorney in your town.See question
My husband and I were married over 18 years. He is 46, and I am 44. We have two kids, 14 & 16. He is offering spousal support until I reach 65 of age. If I accept this offer, will the court be able to modify the case anytime for any reasons, incom...
Here in Florida we have either modifiable or non-modifiable spousal support. I agree with my colleague that you must check the agreement itself. However, please know that everything can be brought back to court under certain conditions - I worked a case once where the wife was terminally ill and the husband lost his pension so the non-modifiable spousal support was brought under the Court's scrutiny. Again, Florida law is different than California, so please contact a lawyer there.See question
two ex wives, each with one kid, both receiving child support, ex wife 1: moved child out of county and refuse to allow any contact with from father. ex wife 2: trying to keep the father single and unmarried by allow father to see the child but o...
I agree with my colleague. Time share is something a child is entitled to with both parents, assuming there is no court order that designates something different. Please contact an attorney in your town to resolve these issues with you. Best of luck to you and your family.
The father is overseas military and provides no financial support for his wife or two children. He says he does not have to legally because there is a marriage. All bank accounts are separate.
Although the parents may not be married, both parents must provide for the support of their children. It may be that there is no existing court order or that paternity has not been yet legally established - if that is the case, make sure you contact an attorney to file the appropriate motions to ensure that paternity is legally established, determine the child support amount pursuant to law and any back child support monies that may be legally due. Best of luck to the family and children.
The Parents live in Broward County. The Parenting Plan gives both parents equal shared parental responsibility. Divorced Spouse who wants to homeschool has only a high school education. Both spouses are amicable and usually agree on most things...
The answer, based only upon these details provided, is that the child cannot be removed from the school unless both parents agree or unless there is a court order stating the same. I would want to know the reasoning behind why the other parent wants to remove the child and home - school. Was there something that happened to make the parent think such would be better? This is an important consideration for the Judge. Best of luck to you and your child!
Anne V, Alper, Attorney at Law
i have had my niece for 5 years. she is now 12. my sister, the mother has custody.seh gave my the notarized paper for medical care and school. they had a verbal agreement to drop child support(since he kept going to jail) if he would stop going af...
It is ESSENTIAL that you contact an attorney right away. I could not feel stronger about a recommendation for a lawyer in your area of Florida. In the State of Florida, it is not legal to agree to waive child support in any case whatsoever. If the father's parental rights were taken away by a Court, yes, that would be different. It could also be considered as having coerced the father from fighting for custody in exchange for dropping the child support, when all that you were trying to do, it seems, was simply help your niece and make her life stable. Now is the time to make it a legal arrangement instead of a non-binding agreement that you may have now. Best of luck to you.See question
Is there a way I able to move out of state with my child if father won't grant permission?
The real question here is, does your child have the right to be raised by both of his parents, as long as they are not abusive to the child, even though the child's parents are no longer together? Is it better for your child to live away from the other parent than to live close to the other parent?
There are many cases where a child moving out of state with one parent while still setting up a time sharing schedule where the child can spend time with the other parents works out just fine. In these relocation cases (as they are called), the Judge will need to know the age of the child, the amount of contact that the child has with the other parent right now, whether you have found the right school for the child you share in the new State, whether the child's life will be improved rather than harmed by the move, and whether you simply must move because you have a better job and a better lifestyle waiting for you in another state. There are other factors to look at as well.
It always, ALWAYS works out better if both of the parents agree to a time share schedule and then stick to it if you do move away.
The other issue that the Court will want to know is whether you were married to the father and whether paternity was ever legally established - if this is a case where you and the father were together for a while and then broke up but never married, then the Court may want paternity established first (depending on a variety of factors including the child's age).
The key is this: If you must move, and the father will not agree, then, yes, you will need to get the Court's permission. The relocation laws are very specific and I highly recommend that you contact an attorney in your town to assist you with this issue.
Best of luck to you and your family.
Anne V, Alper, Esquire