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Daniel A. Bachert

Daniel Bachert’s Answers

979 total


  • Can an attorney deny papers being served if they have not withdrawn from the case

    I filed a motion for modification in time sharing and the other person attorney did not accept the papers that were served. Over two months later she filed to withdraw from the case. so my papers were never served and I had to spend money to have ...

    Daniel’s Answer

    If it was separate action from what was pending and required personal service the opposing attorney could refuse service. On another note I hope for your sake you actually filed a PETITION for Modification and not a Motion as the later does not exist and if you did file a MOTION expect it to be dismissed as an improper filing.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • I am married 21 yrs one child 17 we live in NY my wife lives in Florida has a divorce attorney saying she gets alimony for life

    My wife lives in Florida and has started a job there. My daughter (17yrs old) will be attending school in September while living with me in NY. My wife's attorney is stating we have a long term marriage and she in entittled to alimoney for life a...

    Daniel’s Answer

    Mr. Feuerstein has provided you with the answer that most appropriately addresses your question. I would only add that there are significant differences between the child support laws of New York and Florida and the same may be true with regard to alimony as well. If New York was the last place that you and your wife resided together seek out a consultation with a New York Family/Marital Law attorney or better yet, possibly a joint consultation with a attorney from both jurisdictions. It will, most certainly, be money well spent.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Contempt Of Court. Seeking representation

    I have filed contempt of court against my ex for not complying with the court ordered parenting plan. I have a court case scheduled with the magistrate for next week. My question is, how much would representation cost for this scheduled hearing? I...

    Daniel’s Answer

    The cost of representation is in direct correlation to the difficulty of the case, the facts relevant to the case, proving those facts and the attorney's hourly rate. As a general measure of attorney time you can expect to incur it has been my experience that for every hour spent arguing a case before the court two hours of preparation time will be incurred.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

    See question 
  • Can non-payment of equitable distribution after order of enforcement for MSA be a charge of contempt in Palm Beach County?

    Once judge orders enforcement of the MSA and equitable distribution is still not paid, can the person be held in contempt and jailed?

    Daniel’s Answer

    No a person cannot be incarcerated for the non-payment of equitable distribution.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

    See question 
  • Separated and living apart, do I still need to pay the mortgage on house my wife owns?

    No divorce papers yet, and house is completely in my wife's name ( owned it before we ever met). Our son is 20 months old and my wife has not gone back to work. I am losing money every month and can't afford all the bills on my salary. It has b...

    Daniel’s Answer

    Don't be so sure that you do not have equity in the house. Just because your Wife owned the home prior to marriage does not forestall any claim you may have to equity in the home.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

    See question 
  • Do I need to pay court appointed mediator fee in advance?

    I filed a motion for modification to the parenting plan and the court determined that mediation may be helpful in this case. They set a date with a court appointed mediator. Do I need to pay the fee in advance or can I pay the day of at the courth...

    Daniel’s Answer

    Pay the clerk the day of mediation and consult with an family law attorney before your mediation so you know what your rights are and are not. That way you won't waste you first and maybe only opportunity to settle the case without court intervention.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

    See question 
  • Can my wife be granted that our son only stays under her roof?

    Separated 4 months, divorce coming. My wife owns her house and that is where our 20 month old son has been staying. I would like us to put a plan together where he stays with me 2 or 3 nights a week but my wife says that is unacceptable and that...

    Daniel’s Answer

    It is always possible for court to rule against you or your interest but based upon the facts as you have presented them and assuming the case is properly presented to the court then there would be a high likelihood that you would have overnight time sharing with the child. All communications with your wife should be by text and/or email especially any requests you make to her to see the child, which by the way should be made regularly and often. You question also suggests some issues with attorney's fees and costs, fees and costs may be awarded from one party to the other in family law cases based upon the need of one party and the ability of the other. Your first step should be to have a one to one consultation with a family law attorney.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

    See question 
  • What does Fla law state about back child support?

    I am behind roughly $30k+ in child support. For the past three years I've been paying a "court ordered" $869(+$173 arears)/month. At the time, I was making $600/wk. I've changed jobs now only making $380/wk, My oldest turned 18 Sept 2014, m...

    Daniel’s Answer

    No that is not true. If you wish to change the amount of child support you are paying each month you will need to file Petition for Modification asserting and ultimately proving a substantial, permanent and unanticipated change in circumstances that supports your downward modification of the child support and arrears payment. If your eldest turned 18 and has graduated from high school and your ongoing child support did not automatically adjust pursuant to the child support order in effect then you may be overpaying your ongoing child support at this time. Also be aware that a court cannot modify your child support prior to the date you first file your pleading requesting the modification.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • If You were married outside U.S and brought your wife to U.S and remarried before the divorce was finalized, What can you do now

    my cousin was married outside United States and brought his wife here. After over two years, they decided to have a divorce. My cousin a had remarried for almost a year now in the state of Florida, what can he do now to fix this matter because his...

    Daniel’s Answer

    If your cousin was married to the first wife at the time he entered into the second marriage the second marriage is null and void and to avoid any criminal issues should be annulled. If he wants to be married to the second woman he needs to complete his divorce with the first woman and then marry the second woman again.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Can I change my child support order so that I'm only paying owed child support?

    I have a child support order that was established in 2010. My child's mother and I have agreed to modify our childs support order. We filled out the Fl Child Support Guidelines together and the final number with the child care and overnights fille...

    Daniel’s Answer

    • Selected as best answer

    The order can be changed and could be done without you or the mother having to appear in court by submitting an agreed order modifying the child support order. If the Department of Revenue is involved the action may become more complicated and in either case you best bet is to have an experienced family law attorney draft the needed documents and submit the same to the court.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

    See question