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Jordan Gerber

Jordan Gerber’s Answers

710 total


  • Can I move with my children without my husband's consent?

    I haven't filed for divorced and we're living in the same house. The environment is hostile, he is always drunk and he is seeing someone else. We have 3 kids together and he asked me to leave with them. I do not work and I have no family in the st...

    Jordan’s Answer

    You can but he can always file for divorce and ask that you come back to the jurisdiction with the children. If you are going to get a divorce, you should probably save yourself the headache and file and request temporary relocation if you can prove the move is in the childrens best interest. If he agrees, you can simply enter into a relocation agreement.

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  • Divorce

    I filed for the divorce and we went through mediation just waiting on final hearing. I signed the mediation papers but I feel like the mediator did not calculate child support correctly and there were some stuff she kept saying the judge is not go...

    Jordan’s Answer

    It's not clear by what you mean by recalculated. As for the time sharing, if that's what you agreed to then that is what the support obligation is based on. The mediator should have used the correct incomes, if you are w2 employees, it is just a matter of plugging in numbers.

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  • I am trying to fill out divorce paperwork myself and need someone to look it over

    My husband is in jail held by the US. Marshall (FBI) since 6-30-2015, most likely he will go to Federal Prison. I need someone to go over the do it yourself divorce paperwork for a small fee or can do my divorce at a low cost since it will not be...

    Jordan’s Answer

    You are going to have to pay the filing fee whether you have an attorney or not. You can check with the clerk of court, they sometimes have a program where you can hire an attorney by the hour for a small fee and that way you can make sure everything is in order with your paperwork.

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  • What can I do if time sharing was granted while there is a domestic violence no contact order issued by another judge

    Time sharing hearing a judge granted every other weekend time sharing . I explained to the judge he's on probation in another county and a no contact order is in place . The father stated his probation ended even though I showed the judge the expi...

    Jordan’s Answer

    There should have been a notice of related cases filed. If there is a no contact order, you need to immediately file a motion for rehearing to try to vacate the time sharing order and bring the appropriate paperwork confirming the contact order is in place.

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  • I need free legal counseling about sewing my ex husbands partner for adultery

    I was married for 11yrs. To my child father and I divorced him 06/2013 because I going out that he has had 6 kids while still married to me by 5 different women's the last women to have his kids after I divorced him he married her and they already...

    Jordan’s Answer

    Florida is a no fault state so the only time marital misconduct comes into play is if you can prove that he was spending marital funds on her. You would recover from him though and at the time of the divorce. If you ask for a child support modification, you would have to prove his income in some way or that he is voluntarily underemployed as he is supported by her.

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  • Does my mom have to pay child support if i live with my dad full time and since im not 18.

    I am 17 I want to live full time with my dad. My mom and dad are divorced. I have two younger sisters who are moving with my mom. I was wondering at since I’m living full time with my dad if my mom has to pay child support since I’m under 18.

    Jordan’s Answer

    The child support amount the court established will remain in place until a modification is filed. If no amount has been set (since you are saying your sisters are moving rather than live with), yes, there will be an offset for a year for the amount she will receive for the younger kids until you reach majority. This, of course, all depends on their incomes and the amount of overnights you all spend with each respective parent.

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  • I have a 15 year old daughter that would like to have her last name changed. I am her mother and the only person on her birth ce

    She is 15 years old and wanting to get her driving permit. She is wanting to change her last name to the father that has helped raise her since she was a baby ( not her biological). There has never been any contact from biological father.

    Jordan’s Answer

    If paternity has not been adjudicated, then the biological father's rights have not been established. You can petition the court for a name change and it should be granted if you can prove a name change is in the child's best interest,

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  • Babysitter vs mother watching kids???

    My ex husband and I have joint custody of our 2 minor children. He currently has a full time job and I am on disability and recently said he wants to hire a babysitter while he is at work. I offered to pick up the kids from school and he can come...

    Jordan’s Answer

    If your circumstances have changed and you feel that it is in the childrens best interest to be with you rather than a third party, simply present this to the court in a supplemental petition for modification.

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  • Is there a way to prove my child's mother is very mental and emotionally abusive to him, and can I gain custody from this?

    I am in the middle of modifications to our agreement, and I would like to get my child away from his mother due to her breaking him down mentally, and mistreating him. I am not sure how to prove it though. The child is eight years old, and very mu...

    Jordan’s Answer

    The best thing you can do is figure out how to establish a co-parenting relationship as you have to deal with each other for at least the next ten years. If you are trying to increase your time sharing you will have to prove that it is in the child's best interest. If your concerns are valid, try talking to your son's teachers or request the appointment of a guardian ad litem.

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  • Can I get the biological father's rights terminated so the step father can adopt the child?

    My sons fathers has never really been a part of his life. He came in he picture when he was two and only saw him once a year for the next five years. Then he moved 2000 miles away and has had no contact with my son in almost two years. My son is n...

    Jordan’s Answer

    He would have to either consent or you would need to file a petition for termination of parental rights. If he fights it, you will have a long and difficult road ahead. That said, it would be much easier if you obtain his consent.

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