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Daniel A. Bachert

Daniel Bachert’s Answers

949 total


  • Is there any chance my ex will be responsible for my attorney costs?

    After my current child support order is deducted, I am considered to be if not very close, below the poverty line. Since the child support order has been placed (5 years ago) there have been many changes with my child as far as income (my ex was i...

    Daniel’s Answer

    A review of the existing order an the relevant facts at the time it was issued would be needed to compare/contrast the current situation and determine whether or not you would entitled to a downward modification of your child support obligation. Attorney fee awards from one party to the other in family law cases is possible and they are decided based upon your ability to pay such fees or your need for the same and the opposing parties ability to pay your fees or the their lack of such ability. In other words just because one party has an income that exceeds the others does not necessarily mean that that the high earning party will be required to pay the others attorneys fees. In addition, you should be aware that any request for a downward modification of child support may only be granted from the date the request for the same is filed and cannot be granted to a date prior to the filing date,

    Sincerely,

    Daniel Bachert, Esq.

    Sincerel

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  • I filed for divorce in US ,person lives in Jamaica. Need her served inexpensively. Also she is blind.

    will service in Jamaica be enforceable if the person who is served is blind?

    Daniel’s Answer

    Service upon a disabled individual is no different than service upon any one else. For the service to be effective it will need to be done according to Florida rules. If you know where she is located within Jamaica service should be relatively easy to accomplish.

    Sincerely,

    Daniel Bachert, Esq.

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  • How to change child support from income deduction order to direct pay

    My ex-husband is now self-employed and we both agree it would be a lot easier for him to pay me directly. He has always paid consistently and never missed a payment. If we file a motion asking the Court to change it, would a Judge most likely allo...

    Daniel’s Answer

    • Selected as best answer

    It can be accomplished but you must file a Petition for Modification not a Motion, a motion requesting such a change will be denied as improper. If the payment history has been regular without arrears and you have not been represented by DOR regarding child support and have not received or are currently receiving state benefits for you or the child/ren then the court is likely to grant such a request.

    Sincerely,

    Daniel Bachert, Esq.

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  • How do I get child support for my babies father which whom I am not married to and he is not on the birth certificate.

    I am married(but separated) and had a baby with another man. This man accepts that he is the father of the baby and the baby has his last name. I have a SS number for the baby but have not filed his birth certificate yet because the hospital said ...

    Daniel’s Answer

    You Husband is legally considered the father of the child and the hospital will file a certificate of birth with the Florida Department of Vital Statistics listing him as such. You will need to file a Petition to Establish Paternity, through which you can obtain child support, from the biological father and your Husband will need to file a Petition to Dis-establish Paternity at the same time.

    Sincerely,

    Daniel Bachert, Esq.

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  • At this point and time I have not talked to my daughters in 3 months my husband will not let them call me. What can I do?

    My daughters are with my husband because I lost my home because of him and we ended up homeless. I could not go with them because he lives with his girlfriend and their 2 children.they had together. They are controlling freaks. I am working at th...

    Daniel’s Answer

    If there is no court order preventing or limiting your contact with your daughters you can see, speak and take them anywhere you wish whenever you wish. Your particular circumstances and the circumstances of your and your husband's relationship will dictate what actions you should take regarding your daughters and your contact with them and such information really cannot be and should not be shared in an open forum such as this. Seek out and obtain a one on one consultation with an experienced family law attorney of your choice.

    Sincerely,

    Daniel Bachert, Esq.

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  • JUDGMENT/CERT OF DELINQUENCY Child Support

    On April 6 a notice of delinquency for child support was filed against me. I was out of the country on business and did not return until April 21 at 11:30pm est. On April 22 I filed a notice to contest and submitted every payment receipt, as I hav...

    Daniel’s Answer

    As indicated by the prior attorneys you need to file a Motion to Vacate the Judgment or Relief from Judgment. Your time for doing so is limited so such action on your part should not be delayed.

    Sincerely,

    Daniel Bachert, Esq.

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  • What days would I be responsible for minor children if daycare is needed during the week according to my court ordered plan?

    If each party was to pay for daycare on their own ... What days am I responsible for? When I look at this statement from my parenting plan, I feel that I am responsible for kids' care on Thursdays during the day only. Am I correct when I read th...

    Daniel’s Answer

    Your time sharing schedule would usually have no effect on the portion of day care costs you are responsible for. The day care cost may have been included in the child support calculation in which instance your share of the day care is paid to the other parent when you pay your child support or if you are required to pay your portion directly to the day care provider then it should be a portion of the total day care cost with your portion usually being determined by your percentage of net income as compared the total net incomes of both you and the other parent.

    Sincerely,

    Daniel Bachert, Esq.

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  • How do i get the courts to intervien with my x husbands visitation, he is back on drugs and i do not want my kids in his car.

    he was suppose to pick them up on tuesday for his overnight and did not show and he was suppose to come today for his week long visitation and he did not show i did have pbso come to my home to evaluate him but he did not show. His fieance called ...

    Daniel’s Answer

    If you have a genuine and substantiated fear for the safety of the children when they are in the Father's care then you should not allow him to take them, you should file an emergency motion to suspend his time sharing and attach affidavits from his Mother attesting to her knowledge of his current issues and file a Petition to Modify the time sharing based upon the change in circumstances necessitated by the Father's illicit drug use. For the best result you would be well advised to seek out and obtain the assistance of an experienced family law attorney.

    Sincerely,

    Daniel Bachert, Esq.

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  • How far can I move

    . My fiancé and I are considering moving slightly north. He and hi ex share custody of their kids. Somewhere in there states they may not move more than 50 miles away from one another or risk losing their shared custody. Since the time of the move...

    Daniel’s Answer

    It is 50 miles from the residence your fiance occupied at the time of the Final Judgment and the measurement is done as the crow flies not by road miles.

    Sincerely,

    Daniel Bachert, Esq.

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  • I have been separated for 3 yrs. With a future divorce in mind, when I begin to rent a home can he use that against me in court?

    He has been living with his parents and I've been living with mine. We have a toddler.

    Daniel’s Answer

    Your rental of residence should have no negative effect and cannot be used against you. What will be relevant is each of your incomes for the purpose of calculating child support and if his parents are providing him with shelter without costs the rental rate that he could be charged for living there could be added to his income.

    Sincerely,

    Daniel Bachert, Esq.

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