Skip to main content
Frank H Kerney III

Frank Kerney’s Answers

58 total


  • Can I get child support?

    When me and my husband divorced 10 years ago we agreed to split custody and there be no child support. Well now for the past year I have had our son full time with my ex husband only seeing him a few times. My ex has re-married and has a new famil...

    Frank’s Answer

    Yes. If you want to try to estimate what you would be receiving, a good resource is this calculator: http://floridachildsupportcalculator.com/wp-content/FloridaChildSupportCalculatorZ/FloridaChildSupportCalculatorZ.php

    You need to file a supplemental petition for modification of child support. If you can't afford a lawyer, there are forms available if you google Florida Family Law Forms. The sooner you file the better because the support can be ordered retroactively to the date of filing.

    See question 
  • My husband has been charged will he be sentenced to prison or can he get prison

    My husband has been charged with burglary and grand theft 3rd degre. This case had been going on since 2011. Does this mean he is going to prison or does it mean that the state dont have a good case.

    Frank’s Answer

    If the case has been going on since 2011 he should already have an attorney on the case and he or she should be able to provide you with a much more realistic outlook. An attorney online cannot properly evaluate this for you.

    See question 
  • Is there any state u can get divorced in one day

    Without being a resident

    Frank’s Answer

    It must be mad. I don't know of any state where you can get it done so quickly.

    See question 
  • Biological siblings sharing a room

    I have a four year old (boy) and a two year old (girl) and a five month old boy . My oldest sons father is taking me to custody court and the one thing he has on me is my kids the 2 and 4 year old share a room . I don't feel as if there's a probl...

    Frank’s Answer

    It's certainly not an ideal situation and the court would probably want to see that you had a more suitable environment, especially as the children get older. This is likely something that the Court will consider, but not something that will make your case open-and-shut, so to speak. You need to review the factors in Florida Statute 61.13 to see what the court will consider and gain a better understanding of how the process works. You should also speak to an attorney. The bottom line: he can raise this issue, but it does not guarantee that you will "lose" your child. Rather, it is one factor for the court to take into consideration.

    See question 
  • Does Florida have jurisdiction over child support for children living in another state (have not filed for divorce yet)?

    I live in Florida and my ex and children reside in another state. During the marriage we all resided in Florida. I am planning on filing for divorce soon in Florida. Everything is amicable and we have agreed on all issues. Just a little confuse...

    Frank’s Answer

    You are eligible to file for divorce here in Florid and Florida can determine child support in that case. You need to call a Florida divorce attorney ASAP.

    See question 
  • I have a warrant for my arrest but I was at the court house for my court date can I fix it?

    Im a 17 yr. old girl who has a bench warrant for a missed court date. BUT, I was standing in the clerk of courts office when I got it. I went to the court house and went to the clerk of court to find out which courtroom i was supposed to go to and...

    Frank’s Answer

    You need to contact a criminal defense attorney. He or she may be able to get the warrant withdrawn. If you don't, you will be arrested and held in custody until your court date.

    See question 
  • Protective order questions: i own home in FL, resident of MA now. Abuser has been released from prison. Can i get order in FL?

    Abuser has repeatedly threatened, in the past, to "get" my son and myself if he ever went to prison. In 2001 he assaulted me and adult son, then pointed loaded shotgun at deputy, went to prison for 4.5 years. Recently he has started calling my FL ...

    Frank’s Answer

    There is no residency requirement in Florida to obtain an injunction. You should find an attorney who handles restraining orders.

    See question 
  • Child Support Modification

    My ex-husband is going to try and modify the child support he pays me because I just got a new job. When can he file to modify? How long does it take to go through? Is it retroactive? How can I calculate what he is going to have to pay me? And wha...

    Frank’s Answer

    He can file to modify any time he believes there was a substantial change in circumstances. The process will likely take 3 - 6 months. The modification will be retroactive to the day he files if it is granted. You can calculate what he has to pay you using a child support calculator. There is a helpful online version at:
    http://floridachildsupportcalculator.com/wp-content/FloridaChildSupportCalculatorZ/FloridaChildSupportCalculatorZ.php

    See question 
  • If I sign the birth cerificate at the hospital and later the paternity test show I am not the fathet . Am I still responsible

    My girlfriend says I am the father even though we have broke up twice in the lat 2 months and she has had pics of her at bars with other men

    Frank’s Answer

    Make sure that if she files for child support you request a DNA test. You should really see an attorney about this ASAP to avoid a real disaster later down the road.

    See question 
  • Can I move out if I'm 18 and still in high school?

    I am 18 and I am still in high school... It's my senior year. I turn 18 on January 23, 2015 and I still will be in school. I want to move in with my boyfriend when I turn 18 but my dad and his wife keep telling me that I'm not aloud to move out be...

    Frank’s Answer

    • Selected as best answer

    The answer to your question is yes, you can move out. However that is probably a terrible idea and you should really - at a minimum - stay home and finish high school before going out on your own.

    See question