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Michael Dyer’s Answers

10 total

  • 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

    court order child support has been established, he has a lawyer trying to get shared parental responsibillity

    Michael’s Answer

    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.

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  • Are there Grand Parent Rights in the state of Florida?

    my daughter is keeping my grandchild away from me. I feel my daughter needs medical help but will not seek it. I am concerned for the safety and well being of the child

    Michael’s Answer

    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.

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

    I am sure my ex is working under the table, making more money than he claims. I know for sure that his bank statements will reflect his income. I would like him to bring those statements to trial. 1. Can I subpoena him personally? 2. Do I nee...

    Michael’s Answer

    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

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  • Is it typical for a Judge to order that a decrease in support be retroactive to the filing of the petition?

    I recentely filed a Petition for Modification of Child support and am seeking a decrease. When my ex took me for an upward increase in the past, the Judge granted the new amount retroactive to the filing of her petition. Can I ask that it work t...

    Michael’s Answer

    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

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  • 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

    just found out the first set of divorce papers were a court minute.Didn't find out until 2011 that I wasnt divorced until208 .Does that make my marriasge void

    Michael’s Answer

    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

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  • Could I get a free lawyer for divorce here?

    My husband filed for divorce in the States and we have to file for divorce in Chile also, We have been separated since February 22, 2013 and we got married in Chile November 8th, 2012 How long do we have to wait before filing for the divorce h...

    Michael’s Answer

    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

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

    I've been divorced for a yr and share 50/50 custody of my kids (ages 9, 6) w/my ex. The ROFR clause in the MSA is vague. It only states that if the parent w/the scheduled visitation is unavailable for 4+ hrs to care for the kids, the other parent ...

    Michael’s Answer

    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

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

    I do not no where my husband currently resides and I plan to use constructive service. I know that when I do that there are certain limits in power that the court has. Because of this, do I need to include these forms when the court has no power...

    Michael’s Answer

    yes, these are all mandatory forms

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

    I had a home prior to getting married the house caught on fire and I decided not to rebuild. I receive an insurance check and decided to purchase a rental property both my name and my husbands name are on it. I also purchased another vehicle wit...

    Michael’s Answer

    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 of the rental property would be determined by the current fair market value minus any mortgage attached to it. Also, the Court could credit you for any debts in your name that was incurred during the marriage. The Courts would look at all the assets and liabilities when determining equitable distribution

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

    I'm receiving child support and the father is not apart of child's life

    Michael’s Answer

    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 jurisdiction. Jurisdiction would effect you because if Florida remains the proper jurisdiction, then you would have to appear in Florida for depositions, and hearing. If this is not big deal for you, then moving would not likely effect you. If you would like to discuss this issue further, please contact me at 561-832-3330

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