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Lori I Barkus's Answers
- 168 Legal Answers
- 13 Legal Guides
2
Attorney 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 modification immediately. If you lost your job through no fault of your own, are currently not earning income and do not have the ability to pay the present child support amount, child support should be subject to modification. Keep in mind that this does not mean that you will not pay child support at all. The amount you will pay will be based on your current ability to pay. Please also keep in mind that you are obligated to pay the current child support amount...
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3
Attorney answers:
How do i get a no contact order lifted in a domestic violence case
It is impossible to completely answer your question because some of the facts are missing, such as, who sought the no contact order in the first place, when was it entered and on what grounds was it entered. If you both agree that the no contact order should be lifted, you can file a motion with the court and ask the judge to lift that provision.
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2
Attorney answers:
In child support, how are the 40% of the overnights calculated, on a monthly basis, or yearly?
The "gross up" method of child support- where the children spend 40% of more overnights with the paying parent- is calculated based on whether the children spend 40% or more overnights per month throughout the year with the paying parent. Based on what you said above, it does not appear that you spend that many overnights with the children, although that is not completely clear as I am not sure whether you mean Friday- Sunday overnight or what you mean by 10 additional holidays.
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1
Attorney answers:
What are the responsibilitis of a custodial parent versus a non-custodial parent?
There are a couple of issues raised in your post, but I'll deal with the one you asked about, which is who decides how your daughter gets to school in the mornings. Generally, the parent who has the child overnight is responsible for getting the child to school. On the days when your daughter is with you, it is your responsibility and, generally speaking, your decision as to how she gets to school and it is your ex-wifes responsibility and her decision how to get your daughter to school on the...
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1
Attorney answers:
Is my husband required to carry and pay for my health insurance during our disolution process? What about afterwards?
Most judges require a party to maintain health insurance for the other party, especially in these circumstances. But this is not automatic and must be requested from the court. Maintaining health insurance after a divorce is tricky and depends, not only on what a judge may order, but the specific insurance policy. I strongly encourage you to seek legal advice in your divorce situation as you have some complicated insurance and support related questions. I wish you the best of luck with this...
2 people marked this answer as helpful
1
Attorney answers:
Adoption of Grandson and legal rights
It may be possible to terminate the mother's parental rights and adopt the child. If the mother does not agree, then the process is more difficult. Adoption is considered permanent and cannot be reversed, although there is nothing to stop you and your husband from allowing the mother to be present in the child's life at a later point in time if she is able to get help for her current problems. I recommend that you speak with an attorney. Our firm has handled numerous contested and...
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1
Attorney answers:
What can I do if i paid my child support for the past 2 years, and my ex-wife only had recevied the half of the money?
I assume that you are paying through the Central Depository or State Disbursement Unit. If that is a case, then there is a record of where payments have been sent. You can contact the central depository directly and make an inquiry. Be prepared to be persistent. Like most state agencies, it takes a while to get through and information is not easily forthcoming.
1 person marked this answer as helpful
1
Attorney answers:
Im a single mom, my baby is 10 months old and now the father wants to take her. Is there a support for mother's rights?
Yes he can request a parenting schedule, but he first needs to establish paternity through a court order and establish payment of child support. He must also pay child support back to when she was born. If you feel he does not know how to take care of her, perhaps he will agree to attend some parenting classes. If you have specific concerns about his ability to be a parent and attend to an infant while unsupervised, you should speak with a local attorney about these concerns and what the...
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1
Attorney answers:
In the state of florida can a divorce be finalized with one signature?
It only takes one signature to file for divorce. One of you needs to file a Petition for Dissolution (divorce) and sign and notarize it. Unless she leaves voluntarily, if your wife is living in the residence for 90 days or more, you need a court order giving you exclusive possession of the residence.
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2
Attorney answers:
Short of a referral, how can I find a good divorce attorney?
The Florida bar does not rate attorneys but you can find out information on how long an attorney has been practicing and whether the attorney has any disciplinary history,
1 person marked this answer as helpful