Richard James Mockler III’s Answers

Richard James Mockler III

Tampa Divorce / Separation Lawyer.

Contributor Level 12
  1. My husband told me that I don't have any right to his military pension because we were not married for 10 years. Is that true?

    Answered over 1 year ago.

    1. Richard James Mockler III
    2. John Arthur Smitten
    2 lawyer answers

    Under the Uniformed Former Spouses Protection Act, state law governs the division of military retirement pay. So, your question is governed by Florida law. There is no requirement under Florida law that you be married a minimum of 10 years to receive a share of your husband's military retirement pay. If you are married less than 20 years, then generally speaking 5% of his pension is marital for each year of marriage. You would receive half of that (or, 2.5% per year). There is a basis...

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  2. I need a transcript of my family court hearing. Do I call the clerks office or the court reporter?

    Answered about 1 year ago.

    1. Peter Scott Van Keuren
    2. Richard James Mockler III
    3. Clifford M. Miller
    4. Susan Macon Seigle
    5. Jeffrey Ira Schwimmer
    6. ···
    6 lawyer answers

    Assuming that one was present for your hearing, you need to contact the court reporter. The Court will not be able to assist you.

    8 lawyers agreed with this answer

  3. Does the NCP have a right to enter my home when he picks up our daughter after school, while I am at work (without my consent)?

    Answered over 1 year ago.

    1. Richard James Mockler III
    2. Robert M Chambers
    3. Betty Elaine Jones
    3 lawyer answers

    It's generally okay for a child to stay home alone if they are at least 12 years old. And, your ex-husband is absolutely not allowed in your house. That is trespassing and arguably more. If your ex insists on doing this, you can get a court order prohibiting it.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. May I get reimbursed if my counter petition was stricken in family court?

    Answered about 1 year ago.

    1. Gregory Thomas Buckley
    2. Carin Manders Constantine
    3. Richard James Mockler III
    4. Natalie F Guerra-Valdes
    5. Robert M Chambers
    5 lawyer answers

    I absolutely agree with my colleagues. The filing fee is the least of your worries. More importantly you lost the claims asserted in the counter petition. That is a very serious sanction. And, you are potentially subject to additional sanctions if you do not comply with your legal obligations. I think it's probably time to stop paying some other expenses and hire a competent attorney. Most people who "can't afford" an attorney still have DirecTV and the full NFL package, as well as pest...

    7 lawyers agreed with this answer

  5. Will Judge approve a motion to vacate a mediation agreement?

    Answered about 1 year ago.

    1. Richard James Mockler III
    2. Leonore M. Greller
    3. Julia Jenifer McKee
    4. Sandy L. Turner
    4 lawyer answers

    Under Rule 1.540, a court has discretion to set aside a final judgment if it was the product of, among other things, fraud, duress, or coercion. But, if the issue that concerns her is alimony or time-sharing, her legal rights could be greatly affected by the anticipated changes to the law that limit her right to alimony and create a presumption of equal time-sharing for all judgments entered after July 1, 2013.

    6 lawyers agreed with this answer

  6. My ex won't let me talk to my daughter on the phone, she refuses to answer, what can I do to put a stop to this?

    Answered over 1 year ago.

    1. Richard James Mockler III
    2. Aaron James Irving
    3. Matthew Thomas Majeski
    4. Mitchell Galloway Wrenn
    4 lawyer answers

    First, you have to read your parenting plan and/or final judgment. That document will likely include some specific language about telephone contact. Follow what the judgment/parenting plan says regarding phone contact. If you are unsuccessful calling, you will want to email your ex (preferably not text) and indicate that you would like to have phone contact with your daughter. Indicate that you have been calling, but no one answers since her new bf moved in. Be nice, though, because that...

    6 lawyers agreed with this answer

  7. My former spouse is delinquent in paying my alimony. If an attorney files a motion for contempt, when will he be served?

    Answered over 1 year ago.

    1. Richard James Mockler III
    2. John P Wallace
    3. John Andrew Morey
    4. Leonore M. Greller
    4 lawyer answers

    If your attorney files a motion for contempt, the lawyer will usually provide a copy of the motion to a process server. Having your ex served usually takes 3-5 days. The time period could be shorter or longer, depending on the circumstances. Alimony can be paid through the State Depository Unit. This will end any disputes about who paid what amount and when. You do not need to exchange all mandatory disclosures in a contempt action. Florida Family Law Rule 12.285 governs the...

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  8. Is it legal to trick someone into marriage? We have never been any more than platonic and live 1500 miles away from each other.

    Answered over 1 year ago.

    1. Richard James Mockler III
    2. Linda Carol Singer
    3. Ana Maria Perez
    3 lawyer answers

    You might be one of the few people who actually qualifies for an annulment under Florida law. Florida provides for an annulment where you were fraudulently induced to enter into the marriage. You should consult a local attorney about your right to an annulment. Otherwise, Florida will have subject matter jurisdiction to enter your divorce. Just have him served. FYI, I provided a link to a case discussing annulment for fraud. Richard J. Mockler <li><a href="http://www....

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  9. Can I file a notice of production from non-party to obtain the insurance card for our child from my ex's new wife? divorce

    Answered about 1 year ago.

    1. Richard James Mockler III
    2. Robert Jason De Groot
    3. Matthew Thomas Majeski
    3 lawyer answers

    I assume your final judgment requires your Former Husband to provide insurance, since that terms was apparently in your marital settlement agreement. You should probably file a motion for enforcement to require your ex-Husband to provide insurance and/or provide proof of insurance. Allege that you have made multiple requests in writing for the proof of insurance and that your ex will not provide it. Then, set the motion for hearing. As soon as your Former Husband has a court date, he...

    5 lawyers agreed with this answer

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  10. How should I add more contempt charges while awaiting a hearing for contempt in less than a month?

    Answered over 1 year ago.

    1. Richard James Mockler III
    2. Carmen Carla Barcinas Demapan
    2 lawyer answers

    I assume you previously filed a motion for contempt. If you want to add an additional basis for holding your ex in contempt, you can generally do so by amending your previously-filed motion to include the new allegations. You can then file a notice of hearing on your "Amended Motion for Contempt," as opposed to the original motion. You have to do this a reasonable time before the scheduled hearing. And, there has to be adequate time set aside to hear all of the issues. Normally, if the...

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