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Timothy C. Nies
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Timothy Nies’s Answers

27 total

  • Sued for car accident

    I am the policy holder and my sister was the driver in the accident. Our policy from allstate has a $10,000 limit. Allstate tried to settle for $4,000 but the other party rejected. I got served today. What happens now? Am I going to be repres...

    Timothy’s Answer

    I would recommend you contact an Orlando attorney to speak with you. I would discuss with him sending in a written letter demanding that Allstate settle the claim within your policy limits.

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  • Representing myself - acrimonious divorce in Palm Beach County

    I was married for 4 years and have a minor child, husband makes a sizable VP salary. When he filed, he emptied out all joint accounts and re-routed his paycheck. I have borrowed nearly $70,000 to cover legal fees, and after only a temporary suppor...

    Timothy’s Answer

    It surely seems that $70,000 is a lot of money. I am not sure if this fee included depositions, etc. You definitely need to get back into court and file your own motion and present evidence that your Husband is not exercising the time-sharing he agreed to and that he should be ordered to pay more for support.

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  • How to evict out spouse and step children before divorce?

    How can I have my soon to be ex husband and his kids leave my house? We have agreed on divorcing but he refuses to leave. I bought the house before we started dating and it is exclusively in my name.

    Timothy’s Answer

    You should file the petition for dissolution of marriage and at the same time request exclusive use and possession of the home. However, in St. Lucie County, the judge will require you to go to mediation first before setting a hearing on your exclusive use and possession of the home.

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  • May I go back to changing from 50/50 custody to 60/40 ?

    Me and babies father have 50/50 child custody may I go back to changing it if I want ?

    Timothy’s Answer

    I agree with Sabina. It will not be easy to change from 50/50 (which is what court's prefer) to 60/40 unless there is a change in circumstances that was not anticipated before.

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  • Can I change what I initially requested in my motion at the hearing for appointment of a psychologist for my child?

    Since filing my paperwork, requesting a court appointed psychologist to evaluate my child for a modification of parenting plan; I've been informed by a few psychologists that they can only treat or evaluate a child , and that a full evaluation wou...

    Timothy’s Answer

    I agree. You need to speak with an attorney to go over your options and so a plan can be developed so you may see your son. An attorney representing you would likely ask for the court to grant temporary relief so that you may have time-sharing prior to a final hearing, which may be a long time away.

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  • US Citizen divorcing Philippine spouse

    My nephew was in the Army, stationed in Korea. In 2009 he married a Philippine woman in Korea, she decided to return to the Philippines when he came back to the US. They have not had any contact since. Can he proceed with a simplified divorce h...

    Timothy’s Answer

    I agree, your nephew needs to speak to an attorney where he lives. I am not sure if he lives in Florida or out-of-state. Each state's divorce laws are different. In Florida, there is a process to follow regarding service via publication.

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  • I filed divorce , I can't attend because the first gearing

    I'm hospitalized I can't attend the court . Can the judge grant alimony and child support even if I'm absent during the first hearing .? My wife is asking for $9000 per month , but I currently make $3000 per month

    Timothy’s Answer

    I suggest you first contact the Judge assigned to you case by telephone and in writing. I then suggest you hire an attorney. I do not know any of the facts of your case; however, alimony is not automatic in Florida and is based on several factors, one of which is the length of your marriage. Many attorneys offer free consultations. Attached is a link to the Broward County Family Court Judges in case you don't have your judge's telephone number handy.

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  • Can I hire an attorney to file for a restraining order?

    I have had granted a restraining order against my husband over a yr ago. We reconciled and since then he has been abusive. My last incident was Friday. I have police case number, asked him to leave but may return as he please because it is still h...

    Timothy’s Answer

    I agree with the others. I recommend that you have an experienced attorney attend the hearing with you so he may cross examine your husband, rather than you, which may be very uncomfortable with you. You should look into also hiring a family law attorney to litigate your divorce, if you are also thinking about a divorce. That family law attorney will also be able to assist you with the restraining order.

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  • Will this be a simple divorce?

    I got married Dec 2, 2010. A few days later I went to a different state for family reasons. While there he came clean about his secret life. I wanted nothing to do with him and told him I no longer wanted to be married to him. He told me he would ...

    Timothy’s Answer

    You will need to file by publication in a paper as the previous attorney stated. It is not complicated. A family attorney will be able to do this for you.

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  • There is an ex boyfriend stalking my girlfriend, its been 6 months now and I want a no contact restraining order for both of us.

    I live in ocala florida with my GF, he hasnt done anything physical other than to try to provoke me by coming to the door and constantly calling saying things like, "I will never give you up." "I'll fight for you." ect. whats the best way of deali...

    Timothy’s Answer

    I agree with Ms. Taylor-Miller...I have clients send an email or a certified letter advising their ex-boyfriend/girlfriend, former wife/husband, etc. that they wish for them to cease such behavior - In each instance, the unwanted behavior ceased. Having such a letter to bring to the judge will be helpful.

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