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Daniel A. Bachert

Daniel Bachert’s Answers

932 total


  • Does a wife have rights to marital property if she didn't pay anything for it & if the property is underwater & owed to the bank

    I have been married for 14 years to my spouse; last year a property was purchased for $120K and the county appraises it now at $64K. The wife has never worked and she wants half of this property which is owed to the bank and the husband appears a...

    Daniel’s Answer

    • Selected as best answer

    As the other attorneys have stated most assets obtained during the marriage are considered marital and subject to equitable distribution between the parties usually on 50/50 basis. As for the children, if they were born during the marriage they are legally considered your children and you can be held responsible fore their financial support, To avoid this you would need to file a an action to dis-establish paternity.

    Sincerely,

    Daniel Bachert, Esq.

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  • I went to family mediation a few weeks ago without an attorney and the mediator and the attorney steam rolled, me what can I do?

    we went to mediation I was in tears the whole time, the mediatior was very agressive towards me. the case involed me filing for child support after my babys father went back home to georgia and it has been 3 years. Once i filed child support thr...

    Daniel’s Answer

    It would not be illegal for the child to immediately begin overnight time sharing with the father in Georgia but it may not be in the child's best interest to do so and that is the measure the court would use, the child's best interest. However, we do not know, by your question what you actually agreed to and signed in mediation, which would be enforceable and as such making a recommendation would be difficult. If the Father is required to complete a certain amount of limited time sharing here in Florida before the Georgia time sharing is to start then that Florida time sharing must take place. If the situation is something different then you should,d seek the counsel of a family law attorney in our area.

    Sincerely,

    Daniel Bachert, Esq.

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  • I have a pending divorce, no order is in place for the kids yet. Does Florida law allow wife to take kids away on a trip withou

    without disclosiing location and phone numbers. I thought a 50 mile radius was the law.

    Daniel’s Answer

    Unless the court has issued a standing order regarding parental responsibilities either parent may travel anywhere with the children without disclosing location or contact numbers, although this is something the court may consider as detrimental at a later hearing. The 50 mile radius you are referring to has to do with relocating the children and does not restrict either parent's ability to travel or take trips with the children.

    Sincerely,

    Daniel Bachert, Esq.

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  • If an absent parent who lives out of state wants timesharing what rights does the custodial parent have to deny this

    Father has been absent from his life for five years and has only seen him a handful of times. father is unemployed and does not have a home. father threatens to move to Florida to disrupt everyones lives due to having to pay support for the child.

    Daniel’s Answer

    There really is not enough information here to properly answer your question. Is this a child of a marriage/divorce where a parenting plan/time sharing plan has been entered by the court. Is this a child born outside of a marriage and even if is there a current parenting plan/time sharing plan that was ordered as a result of Paternity action. Different scenarios create different rights. On the one hand the Father could have every right to pick up the child wherever the child might be found and take the child anywhere the Father wishes on the other hand the father may have no rights to see or even speak with the child.

    Sincerely,

    Daniel Bachert, Esq.

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  • Please I Need help. Can I get married in the U.S. if I was abandoned for more than 5 years?

    I am a Jamaican citizen and I got married to a Guatemalan in Jamaica. We got married in 2008 and she pretty much took off for Guatemala 6 months after being married without me knowing. I had attempted to report her missing however the police said ...

    Daniel’s Answer

    You cannot enter into a legal marriage with your current girlfriend until you divorce your wife. Your wife will need to be served with process but the same can be accomplished by publicizing notice of the divorce in the proper newspaper.

    Sincerely,

    Daniel Bachert, Esq.

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  • My ex is suing me to modify the agreed upon custody of the children. I need to present a case emphasizing the fact that he is a

    My ex is suing me to modify the agreed upon custody of the children. I need to present a case emphasizing the fact that he is a three time convicted violent offender and even though he hasn't has any recent felonies he has had several felony charg...

    Daniel’s Answer

    Is there an order in place establishing the time sharing as it was agreed? If so he has the initial burden of alleging and proving a substantial change ion circumstances that supports his requested change in time sharing. Without this his case cannot proceed and may be dismissed by the court if the proper motion is filed.

    Sincerely,

    Daniel Bachert, Esq.

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  • How to proceed to final hearing for modification of CS after mediation failed?

    The case was filed 7 months ago. The respondent file motion to dismiss, which was denied. The respondent has failed to provide mandatory disclosure even after being ordered by the court. Magistrate forced mediation after respondent failed to med...

    Daniel’s Answer

    Is the respondent a W-2 employee, someone that works for someone else or self employed. If she is a W-2 employee her payroll records can be obtained directly from her employer. Her income or the imputation of the same by the magistrate is extremely important to your case. The magistrate has the power to impute income to a party that refuses to comply with discovery requests seeking the such information and pursuant to current law the median income for individuals within the county of his or her residence as determined from the U.S. Census may be imputed. Do not expect the Magistrate to do this automatically, however, this will be a point that will need to be argued and proved up.

    Sincerely,

    Daniel Bachert, Esq.

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  • My ex wife is like 9-11 terrorist. doesnt care what happens to her, as long as gets me. she is relentless & refuses to stop

    my ex tried to steal my kids in trial in 2012- said i look at daughters breasts, touch self, i'm dangerous, hired custody evaluator who was thrown out of court for lying, held kids in an apartment for 50 days before trial to try to get me to break...

    Daniel’s Answer

    Parental alienation cases, which appears to happening here, are very difficult to prove and in most circumstances will require the appointment of a psychologist and/or custody evaluator to interview the all parties involved as well as the children. As you have recognized the he said she said evidence usually will not suffice in these cases but it also sounds like she has made statements to disinterested third parties which could certainly buttress your action. The good thing about such cases, depending on your view point, is if proven with enough specificity most rulings usually result in a complete revamping of the time sharing and parental responsibility aspects of the Final Judgment resulting in the alienating parent having very limited access to and say as to what occurs in the children's lives.

    Sincerely,

    Daniel Bachert, Esq.

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  • Different levels of child support

    Can I put my child's father on child support without enforcing it.

    Daniel’s Answer

    Yes that scenario is possible but it cannot be accomplished with the assistance of DOR and payments should not be required to be made through the state depository.

    Sincerely,

    Daniel Bachert, Esq.

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  • How do I go about submitting a new Income Deduction (Withholding) Order is my closed case?

    My FJ in 2008, the father of my child was ordered to pay C/S via IDO (IWO now). About 2 years after the entry of the IDO the father was let go from his employment. During his time unemployment he borrowed money to pay his C/S or his mother would...

    Daniel’s Answer

    Depending upon the language of the original IDO, you may need to do nothing more than obtain a certified copy of it from the clerk and send it to the new employer. Otherwise, a new IWO would need to be obtained by filing a Motion for the same with the court. In either case a review of the original IDO would need to be made.

    As a side note: In all likelihood the father will discover at some point in the future that he will need to file a motion to correct the child support ledger as his practice of paying you directly will result in the issuance of a Notice of Child Support Delinquency and Notice of Drivers License Suspension if he does not satisfy the delinquency from the state because those payments are not being recorded.

    Sincerely,

    Daniel Bachert, Esq.

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