My ex did not respond to a petition for divorce with a child and he claims he defaulted because he was wrongly put in 'the hole' and therefore could not answer. Does that make any sense?
I've never heard that one before, but it makes sense to me. I am thinking if you are in the hole you are unable to respond. Defaults are easily overturned. That being said, you have a tremendous advantage because you are not in prison. Good luck.See question
My husband was not in jail when I filed for divorce(with child). I left him because he began using drugs. He had a decent job for a long time but was fired (for drug related issue) about 2 months prior to me filing for divorce. He was unable to be...
I agree with the other attorneys and urge you to file for divorce now, while he is in prison and while it is easy to get sole parental responsibility. It is easy to serve someone in prison because you know exactly where they are. Child support does acrue, but is not paid, while a person is in prison. I would ask for it at the last level he earned and if the Judge declines to calculte an amount while he is in prison you can go back later.See question
My brother passed unexpectedly, he has no children and was never married. He has a living mother and brothers. Unfortunately, there is no will or POA. As his brother, can I obtain the titles to his vehicles through DMV with original death cer...
I am sorry for your unexpected loss of your brother. With the facts you provide your mother is his heir at law. I recommend she hire an attorney to probate his estate to gain title to his vehicles. Family members are not required to pay bills from their own assets. Your brother's creditors are paid with estate assets, if any. The vehicles may qualify as exempt property. If so, the credit cards and medical bills do not get paid from the vehicles. Your mother should consult with an attorney.See question
I have 3 sibs and 1 wants to put mom into guardianship. She has no POA. All 3 of us life out of state. Who is allowed to even ask for mom to be checked. She is fine. I think that sister thinks she will be in charge if she gets this passed. Help
If your sister files for a guardianship an examining committee is appointed to examine your mother and render their individual opinions as to her competency. An attorney is also appointed for her. Your mother would also have the ability to retain her own attorney, which I would do if someone filed for guardianship on me and I was fine. For a person to file for guardianship over another who is "fine" so they can be in charge is an outrageous act.See question
The plaintiff dismisses the case against the defendant during Family Court proceedings after realizing the defendant had enough substantial evidence showing the defendant's claims were nothing but lies. The defendant spends over $4000 in attorney'...
Possibly, if you filed a request for attorney's fees prior to the case being dismissed and you were otherwise entitled to fees under the statute or Rosen. There is a time limit, talk to your attorney.See question
My ex-wife has not let me see or talk the kids for over 1 year now. I have been paying her child support every month. Is there a way I can waive my rights to see the kids and not have to pay child support?
No, there is not. If you are divorced and have a time sharing plan in place you can move for contempt and to enforce that plan to see your children.See question
Divorced on March 10, 2015 and we did the simple divorce filing. The house is only in my name. She doesn't pay any rent or utilities and has nothing in her name. I have asked multiple times for her to leave but she refused. What do I have to do si...
Hire a lawyer and file an unlawful detainer action. It's like an eviction, except it's Florida Statute 82. It's not a common thing, but I have done several of them. I recommend you hire an attorney who does evictioins and if he/she doesn't know what unlawful detainer is direct them to Florida Statute 82.See question
I'm turning 18 in two months, and I would like to take my senior year on flvs, but my father doesn't think it would be a good idea since I'm not much of a social butterfly. Am I able to withdraw from the high school I'm currently at, and enroll in...
As an 18 year old you can decide to do FLVS for your senior year. Also as an 18 year old your parents no longer owe you an obligation of support. If your parents require you go to high school, as opposed to taking classes inside their home using their computer you are going to have a decision to make. Are you speaking of supporting yourself once you turn 18 too?See question
n my Father's will he left his residence/Homestead exclusively to our sister, and 2 rental houses to the 3 of us to be divided equally as well as his personal property. The Probate is still not settled/closed but she is doing renovations to the ho...
I strongly recommend you hire your own attorney to proect your interests. Sometimees the homeowners insurance no longer insures the risk after the person died. Frequently the deductibles are higher than a television set, but using other money to improve property she is inheriting sounds fishy, hire your own attorney.See question
can a child 16 years old decided with which parent wants to leave
I agree with Attorney Feuerstein, legally the answer is no. From a practical standpoint I would hope that parents of a 16 year old could get together and agree as to what is in the best interests of their 16 year old because that child has very little time before he or she is out on their own and hopefully, functioning as an adult.See question