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Seth Robert Nelson
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Seth Nelson’s Answers

29 total

  • My husband wants a divorce; I want to separate. Who has to leave the rental house. How do I protect my self?

    We will be married 10 years in Sept and he is a full time disabled student ; I am the bread winner.

    Seth’s Answer

    Neither of you have to leave the rental house. There is no "legal separation" in Florida. You both have an obligation to each other to support each other (financially) while you are married. I am not sure what you mean by "protect yourself." If you mean you are in physical danger then you should of course call 911 or file a petition for protection against domestic violence. If you mean protecting your rights then I would need more detail to answer the question.

    I hope this helps.

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  • What can be used against me in court (in general) when disputing custody and arranging child support?

    The father of my child has not establish paternity and wants to have visitation time even if he "legally" has no right. Nothing has been established yet (custody,child support or visitation) but he still wants to visit my child which my answer in ...

    Seth’s Answer

    When a court determines a parenting plan, one decision the court makes is what is the timesharing (visitation) for the child. The fact that you are not letting him see the child could be used "against you" but it is one factor of 20 that the court will consider. The fact that he is not paying support is not a justifiable reason to withhold timesharing. You may want to consider filing a paternity action of your own so that you can get the proper support and that a timesharing schedule will be implemented.

    I hope this is helpful.

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  • I was divorced in Georgia, but now live in Jax, FL. Do I pursue him for the money he owes(settlement) in Florida or Georgia?

    He agreed to pay me $ within 12 months of divorce and now he refuses to. It is in our settlement agreement. I live in Florida and he lives in Tennessee.

    Seth’s Answer

    You can proceed in Georgia where the original final judgment was entered. Another option is to have the final judgment become a Florida order (domesticated) and then use the Florida Court system. Have a judgment domesticated is a routine process and it will most likely be convenient for you to work with an attorney in Jacksonville.

    I hope this is helpful.

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  • Can a judge postpone a divorce at your hearing date

    My husband and I have filed a simplified divorce after 41 years of marriage and now that the court date is set we are having second thoughts and would like to postpone it for a couple of months. Is this possible?

    Seth’s Answer

    Yes, the judge can "postpone if for a couple of months." In the legal world we call that "abatement." When you go the the hearing, you may want to tell the judge that you want to work on your marriage for a few months. I would be shocked if the judge didn't grant you your request. I agree with the other posts that if you can call the judge's judicial assistant to give the judge a heads up, that would be helpful.

    I hope this was helpful to you.

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  • Can a single man be held responsible in a court of law for seeing a married woman knowing she was married and causing a divorce

    This has caused a major financial burden on husband of wife!

    Seth’s Answer

    I agree with my colleagues' answers.

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  • What if a Judge signs an order but was not the judge who heard the case and made the order?

    A judge in the State of Florida, Polk County, heard an initial hearing on a divorce case in which he set temporary child support and spousal support. He was filling in for a judge that was being investigated for misconduct. The judge being invest...

    Seth’s Answer

    Generally speaking the Judge that hears the case signs the order. However, there are always exceptions to the rule. You should consult with an attorney about the specific question you have and the other issues that may be relevant in your case.

    Mr. Nelson's response to your question is general in nature, as not all the facts of your case have been provided and are not known to him. You should consult with a Florida Bar licensed attorney to review all the facts in your case in order to receive advice specific to your case. Mr. Nelson's statement above does not create an attorney/client relationship.

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  • Can I receive a "MODIFICATION" from the court on my Spousal Support if my ex has a LIVE-IN Paramore?

    I've been divorced for two years and my ex-wife has a boyfriend living in the same house, with my children. In my divorce agreement it makes mention that I’m eligible for a “MODIFICATION” based on her re-marrying or a paramore. Would this qualif...

    Seth’s Answer

    You have the option of filing a Supplemental Petition for Modification of Alimony and Child Support based upon a substantial change in circumstances. The change is that she is living with her paramour. Based upon what you said it appears that your alimony obligation may stop or at least be reduced. If you stop paying alimony or if it is reduced then your child support may go up. However, it should not go up that much compared to the amount you will save in alimony.

    I hope this is helpful.

    Regards,

    Seth

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  • How can I start post divorce action from FL for a case in CA? I am low income.

    My ex just retired and he is deducting money from my support check to pay for the insurance that is for my support security without an order

    Seth’s Answer

    I agree with the previous answer. You should also seek out legal service or the local bar for the forms help clinic (if they have one) to help you domesticate the judgment. Domesticate the judgment means to get the Florida court to make the California order a Florida order. After you do that you may file a motion for contempt and enforcement. After you file that motion you have to set it for a hearing on the judges (or the general magistrates calendar).

    I hope this is helpful. I know it is a lot of steps.

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  • No lawyer I need advise on 4/14 divorce Ca-2469 Charlotte county Fl. been in catch up mode for 1yr I need Fathers Rights HELP!

    help denied due to allegations of DV and have no lawyer or money to get advise how to get what is best for my son and relief from bills she left behind, She left taking my 15 yr old son with her.

    Seth’s Answer

    It is unclear from your posting what legal question you are asking. You may want to seek free legal services from a non-profit organization in your county. You may want to check with the local county bar association for potential referrals.

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  • What happens If I file a motion for rehearing in a Florida dissolution of marriage case?

    My final hearing for dissolution of marriage was conducted by a general magistrate. I would like to file for a rehearing but I have a few questions. Will a new hearing set aside any previous recommendations the magistrate submitted? Do you have to...

    Seth’s Answer

    You should check with a lawyer right away because there are time frames that may be very important. Usually, either party has 10 days to object to the General Magistrates Report and Recommendation. The report and recommendation is sent to the Judge for the Judge's review and signature. If there is no objection then the judge usually signs the order incorporating the report and recommendation. If you object then the Court will hear why you are objecting and make rulings from there. As I said, you should consult a lawyer right away so you don't lose any of your rights.

    I hope this was helpful.

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