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Arielle Perla Capuano

Arielle Capuano’s Answers

26 total

  • Can a divorced parent with joint custody take his/her children out of the state without the other parent's permission?

    I am primary. My ex husband is now living in NH and wants to take the kids there to visit.

    Arielle’s Answer

    The answer to this question will likely be found in your Parenting Plan or Marital Settlement Agreement, depending on how long ago your divorce took place. You should start by referencing these documents to see what it is that you agreed upon.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

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    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

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  • My ex-wife of 12 years agreed to pay alimony on documents signed by a judge, but is refusing to pay.

    She quit her job and married her new husband who is a surgeon. She doesn't think she should pay me anymore because she quit her job and doesn't have her own income. She only had to pay two years of alimony, but she has decided to stop after nine ...

    Arielle’s Answer

    Unless and until your ex-wife petitions the court to terminate alimony, and that request is granted, the obligation still exists. The proper course of action for you would likely be to file a Motion for Contempt for nonpayment of alimony. You may want to consult with an attorney licensed in your state for more specific information to your case.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

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    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

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  • How do i respond to a paternity/visition suit without a lawyer?

    The father of my daughter& his parents are asking for 50/50 joint custody for my 12mth old who they have just met less then 5mths ago because their son LIED about being in the military& failed to tell them they were grandparents. i've never told t...

    Arielle’s Answer

    The most important thing you can do right now is file an answer to his Petition to Determine Paternity. If you do not file an answer within the prescribed time period, you admit all the allegations in his Petition. If you intend to put forward your own case, you will also want to file a CounterPetition. There are other documents you will need to file as well. Ultimately, you will either negotiate a parenting plan with the father of your daughter, or the Court will decide one after a trial if you cannot agree on your own. Child support will also be imposed. To learn more about Parenting Plans, Child Support, and Paternity Suits, feel free to visit my website at http://levinsonlawfirm.com/law-practice/divorce-family-law/paternity.

    You may want to consult with an attorney licensed in your state, or contact LegalAid if you cannot afford an attorney, for information more specific to your case.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

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  • Can marital assets and liabilities be excluded from a divorce?

    Me and my spouse have been separated for about 2 yrs and have both moved forward. We have no real estate property together. They only things aquired in our marriage was our cars. He kept his car which is soley on his name and I kept mine which is ...

    Arielle’s Answer

    If you have no children together, you may benefit from filing a simplified dissolution of marriage. You will need to agree to and execute a Marital Settlement Agreement first. You will also need to file Financial Affidavits, but can avoid financial discovery exchange and streamline the process as much as possible. Many attorneys offer low flat fees for the preparation and filing of documents and representation at the uncontested final hearing for a simplified divorce. If you cannot afford an attorney, you may want to go to your local courthouse to see if the self-help center sells a simplified dissolution of marriage packet of forms for pro-se litigants.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

    See question 
  • How can I stop the custodial parent from from not following court guidelines and order?

    She doesn't let me see my son on the days and holidays that pertain to me as it was ordered by the court. She always does as she pleases and I don't know what else to do. what are the steps I need to follow to get her to really follow what the cou...

    Arielle’s Answer

    Mr. Fluke is correct. The appropriate action is filing a Motion for Contempt for not following the timesharing schedule. You may be entitled to makeup timesharing and/or attorney's fees. Often times, being brought to Court to face a judge for wrongdoing motivates the non-complying party to follow the order. You should consult with an attorney licensed in your state for information specific to your case.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

    See question 
  • I am the father of two girls ages six and three. Their mother has recently been dancing topless at a local gentleman's club. The

    I am the father of two girls ages six and three. Their mother has recently been dancing topless at a local gentleman's club. The fact that she does this does not bother me. But she has recently starting bringing guys home from the club and drinkin...

    Arielle’s Answer

    If it is your daughters' best interests, you may qualify for a modification of timesharing and parental responsibility to allow for sole decision making and majority of timesharing. You would need to have your prior judgment from New York domesticated in your jurisdiction and then petition the Court for a modification. To get the modification, you will need to show that there has been a substantial change in circumstances since the last judgment, and that it is in your childrens' best interests for this change to occur. Your case seems somewhat complicated, so you may want to consult with an attorney licensed in your state for more specific information to your case.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

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  • What is a motion for temp timesharing?

    My ex filed a motion for temp timesharing? Is thaT visitation or a type of custody? I was shocked because we have not heard from in in four months. Not for his childs birthday, thanksgiving or christmas. Will we have a hearing?

    Arielle’s Answer

    In Florida, we no longer use the terms visitation and custody, and instead use "timesharing and parental responsibility." Timesharing refers to the schedule and amount of time each parent spends with the child. Your ex likely wants to change the current situation of no timesharing to something else. There will likely be a hearing on this Motion, but you should receive a Notice of the hearing first. While temporary timesharing is temporary in nature, many judges do look to temporary arrangements in deciding permanent arrangements later on. You may want to consult with an attorney licensed in your state for more specific information to your case.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

    See question 
  • I live in Florida and my husband lives in Mexico City, what steps do I need to do to get a divorce?

    We got married in feb 2010 in la ciudad de mexico, D.F. and would like to know how to get a divorce in florida.

    Arielle’s Answer

    If you have been a resident of Florida for at least 6 months, you may file here, but you will need to have your husband served in Mexico or served constructively if you cannot locate him.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

    See question 
  • Custody

    How can i get sole custody of my dagthers im the mother the father hired a laywer in 2007, and got custody i never recive any information about the court, the father used his brother address so that the court papers would go to his brother house, ...

    Arielle’s Answer

    You would need to look to the most recent court order, or final judgment, to understand your rights and responsibilities regarding your daughters. If you are looking to change the current custody/timesharing arrangements, you would need to file a Supplemental Petition for Modification of Timesharing. However, you must have experienced a substantial change in circumstances for the court to consider changing the current arrangements. You may want to consult with a South Florida attorney for more specific information to your case.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

    See question 
  • What should I do about this marriage?

    As Muslims, we had an arranged marriage. My husband does not give me time. His mom interferes a lot in our lives. I moved from one state to another for him and he did not fully support me. I needed to go see doctors, he never took me to one. I was...

    Arielle’s Answer

    Divorce is nothing to joke about. If the marriage is irreparably broken, you should consider filing for divorce. Depending on each of your incomes and financial situations, you may be entitled to financial support of some sort. You should contact a local attorney to discuss your specific legal options.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com

    See question