Lori I Barkus’s Answers

Lori I Barkus

Fort Lauderdale Divorce / Separation Lawyer.

Contributor Level 13
  1. I lost my job, I have $600 in child support. Can I get my child support modify?

    Answered about 5 years ago.

    1. Lori I Barkus
    2. Lourdes Maria Fernandez
    2 lawyer answers

    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...

    4 people marked this answer as helpful

  2. How do i get a no contact order lifted in a domestic violence case

    Answered about 5 years ago.

    1. Lori I Barkus
    2. Aaron J. Slavin
    3. Edward Jerome Blum
    3 lawyer answers

    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.

    4 people marked this answer as helpful

  3. Can the operating business be the largest asset that is divided instead of the marital home, even if owner is sole proprietor?

    Answered about 5 years ago.

    1. Lori I Barkus
    1 lawyer answer

    In a divorce, the court divides all assets and divides them equally. In some cases, the court will order the sale of all assets. A business is a mixed concept in the sense that it may be an asset- meaning that it could be sold to someone who will then operate it- but it is also income. Depending on your situation- and there are too few facts here to make any conculsions- it might be in both of your best interests for the business to continue to run because it provides a source of income. I...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Does a father have to continue paying child support after age 18 if Adult is still in school if parents were never married?

    Answered about 5 years ago.

    1. Lori I Barkus
    1 lawyer answer

    In Florida, child support continues until either high school graduation or the child turns 19. In certain circumstances, child support may be extended beyond that time. The fact that the mother earns more than you do is not a factor in deciding whether child support is awarded, but effects the calculation of how much child support is to be paid.

    1 lawyer agreed with this answer

  5. In child support, how are the 40% of the overnights calculated, on a monthly basis, or yearly?

    Answered about 5 years ago.

    1. Lori I Barkus
    2. Lynette Silon-Laguna
    2 lawyer answers

    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.

    2 people marked this answer as helpful

  6. What are the responsibilitis of a custodial parent versus a non-custodial parent?

    Answered about 5 years ago.

    1. Lori I Barkus
    1 lawyer answer

    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...

    2 people marked this answer as helpful

  7. Is my husband required to carry and pay for my health insurance during our disolution process? What about afterwards?

    Answered about 5 years ago.

    1. Lori I Barkus
    1 lawyer answer

    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

  8. Adoption of Grandson and legal rights

    Answered about 5 years ago.

    1. Lori I Barkus
    1 lawyer answer

    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...

    2 people marked this answer as helpful

  9. If my children are visiting their dad in another state and he is not returning them on the date agreed upon by our divorce decre

    Answered about 5 years ago.

    1. Lori I Barkus
    1 lawyer answer

    If you were divorced in Florida, the court should have retained jurisdiction to hear any issues involving your children. An attorney needs to review your final judgment to advise you on that issue. If you were divorced in florida and you continue to live in Florida, another state does not have authority to hear a custody case. If your ex husband is required to return the children and has not, you can file a motion for contempt and for a court order requiring immediate return of the children....

    1 lawyer agreed with this answer

  10. NCP never visits with children(10 yrs) Can a parent get back child support since visitation is calculated into child support?

    Answered about 5 years ago.

    1. Lori I Barkus
    2. Joanna Marie Mitchell
    2 lawyer answers

    Generally, child support modification is not retroactive. This means that, if you file for modification of child support, the new child support amount will begin as of the date you filed for support. If the father is not paying child support, there is a court order stating the amount he is to pay and he has not filed a petition to modify child support, then he is in violation of the court order and you can take legal action against him.

    1 lawyer agreed with this answer