Michael Samuel Dyer’s Answers

Michael Samuel Dyer

West Palm Beach Divorce / Separation Lawyer.

Contributor Level 4
  1. Is it typical for a Judge to order that a decrease in support be retroactive to the filing of the petition?

    Answered about 1 year ago.

    1. Michael Samuel Dyer
    2. Ophelia Genarina Bernal-Mora
    3. Gregory Thomas Buckley
    4. Carin Manders Constantine
    4 lawyer answers

    Yes, the case law is very clear about giving the Judge the discretion to retroactively apply a modification of child support, regardless of whether it is upward or downward, back to the date of the filing the Supplemental Petition

    7 lawyers agreed with this answer

  2. Could I get a free lawyer for divorce here?

    Answered about 1 year ago.

    1. Carin Manders Constantine
    2. Dean George Tsourakis
    3. Robert Jason De Groot
    4. Michael Samuel Dyer
    4 lawyer answers

    The only method of obtaining a free lawyer in Florida that I am aware of is legal aid. But if you are lucky, all lawyers in Florida are required to perform pro bono hours and you may be able to find an attorney who has not completed his/her hours

    6 lawyers agreed with this answer

  3. If im unwed and no court order has been established but my son father is trying to get rights to my son can i leave the state

    Answered about 1 year ago.

    1. Melissa Moore Stockham
    2. Gregory Thomas Buckley
    3. William Charles Rosenfelt
    4. Michael Samuel Dyer
    5. Betty Elaine Jones
    6. ···
    6 lawyer answers

    If there is no Petition for Paternity filed, then you are free to leave the State without worrying about violating any statute. Because no Paternity was filed, jurisdiction is governed under the guardian statute and the guardian statute gives the mother the choice of jurisdiction.

    4 lawyers agreed with this answer

  4. How can I (PRO SE) subpoena my ex's bank statements in Brevard county, Florida?

    Answered about 1 year ago.

    1. Robert Jason De Groot
    2. Ophelia Genarina Bernal-Mora
    3. Michael Samuel Dyer
    3 lawyer answers

    There are many online sites with the forms you will need. If you google "Florida Family Law forms" you can find the subpoena you are looking for. It is much easier and faster to get the documents from the bank then to wait for your ex to provide the documents or for the Court to finally get him to produce the documents. Even if he produces it, it is likely he will withhold the most important statements

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Are there Grand Parent Rights in the state of Florida?

    Answered about 1 year ago.

    1. Mark E. A. Bakay
    2. Michael Samuel Dyer
    3. Ophelia Genarina Bernal-Mora
    4. John Arthur Smitten
    4 lawyer answers

    I agree with the other answers but I have found the most success by filing a Petition for Custody by a Relative pursuant to Florida Statute 751. Under this statute you would have to prove the child has been abandoned, abused or neglected. That that time, you would have the right to provide medical treatment, enroll the child in school and provide for the daily needs of the child. Its also faster if it is filed as an "Emergency" but other rules apply when attempting to deem it an Emergency.

    3 lawyers agreed with this answer

  6. Do I need to fill out a financial affidavit, UCCJEA affidavit, and child support worksheet for constructive service in divorce?

    Answered about 1 year ago.

    1. Joseph Gufford III
    2. Betty Elaine Jones
    3. Mark E. A. Bakay
    4. Carin Manders Constantine
    5. Michael Samuel Dyer
    5 lawyer answers

    yes, these are all mandatory forms

    2 lawyers agreed with this answer

  7. If one party puts forth money to buy a rental property and a divorce occurs will the court demand a split?

    Answered about 1 year ago.

    1. William Charles Rosenfelt
    2. Daniel A. Bachert
    3. Carin Manders Constantine
    4. Michael Samuel Dyer
    5. Dean George Tsourakis
    6. ···
    6 lawyer answers

    Although the insurance check proceeds were non-marital when you purchased the rental property and the vehicle and put his name on the assets, the Courts will then determine both properties to be marital property and he would be entitled to half of the value. However, I dont necessarily agree the Court would require you to share the rental income each month. If he is taking the car as part of his equitable distribution, then that value would be offset on the rental property. The value...

    2 lawyers agreed with this answer

  8. Does right of first refusal apply during night-time sleep hours?

    Answered about 1 year ago.

    1. Eileen D. Jacobs
    2. Betty Elaine Jones
    3. William Charles Rosenfelt
    4. John Arthur Smitten
    5. Michael Samuel Dyer
    5 lawyer answers

    there would be no distinguishment as to whether your children are awake or asleep, 4 hours is 4 hours. However, the enforcement of that clause after the children are already asleep is something i find it hard to believe a Court would allow your ex to wake the children up so he could exercise his right of first refusal

    1 lawyer agreed with this answer

  9. I'm legally married but I'm moving to ga need to know if that's legal

    Answered about 1 year ago.

    1. Betty Elaine Jones
    2. Robert Jason De Groot
    3. Brett Jacob Szematowicz
    4. Michael Samuel Dyer
    4 lawyer answers

    Is it legal to move to Georgia ? Of course it is legal but moving to Georgia may present some issues for you if you plan on filing for divorce. Even though you have moved, Florida would remain the proper jurisdiction to file for a divorce and Florida would not divest its jurisdiction in your case until you have been a resident in the Georgia. Even though after you have been a resident in Georgia for six months, the Florida court would still have to make a determination as to the proper...

  10. I thought me and my first husband was divorced in 2005 .I remarried in 2006,come to find out I wasn't divorced until2008 from my

    Answered about 1 year ago.

    1. Andrew G. Storie
    2. Michael Samuel Dyer
    2 lawyer answers

    If you were not formally divorced by a Court and you married again, the second marriage is Void. This means you are still married to your first spouse and not married to your second spouse. Your second spouse would not be entitled to any equitable distribution or alimony. All child related issues would still be able to go forward through a Paternity Action

    1 lawyer agreed with this answer