Brian David Arrighi's Answers

As a 16 year old, what can I do to change the child custody decision made in the original divorce agreement?

A very common question is whether or not a minor child's preference counts in a custody dispute. The answer depends on the specific Judge hearing the case. In most circumstances, at the age of 16, your opinion will carry significant weight. However, how your best interests will be served is the standard for any decision. Even if you may not like it, if your best interests are served by living with your Mother, then that is what the court wil decide. With all of that said, it is your...

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Florida deficiency judgements and chapter 7 bankruptcy?

If the home falls into foreclosure, then you will face a deficiency judgment. Another potential way out is a short sale. Through the short sale you can attempt to negotiate with the lenders and waive the deficiency or at least negotiate the deficiency to a fraction of what it would be in a foreclosure. In either direction, you may have tax consequences (via a 1099C) for any deficiency that is waived. But I do suggest a short sale over a foreclosure. With that said,if you are a candidate...

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If i resided and got married in Miami Dade county, do i have to divorce in the same county? I reside in Broward County, FL

You can file in any county. However, the Respondent may request a change of venue if there is another county which is the more convenient forum. For example, if there are children involved and they reside in Miami-Dade or there is a marital home there - those are a few of many reasons why a court may transfer venue. You do not have to agree to their request, but if it is clear that Miami-Dade is the proper forum to hear the divorce, then you may be subject to fees if you do not comply just...

Tampa debt collection-Trying to pay it off

You can dispute the debt and/or settle. Contact our office for a free consultation. Brian Arrighi, Esq. Tampa Attorney www.yesnerboss.com (888) 282-2110

Received a summons for credit card debt, would like to settle, what now

You need to respond to the lawsuit. Contact my office and schedule a free consultation (by phone if you prefer) and we can discuss your options for the lawsuit and settlement. Brian Arrighi, Esq. Tampa Attorney www.yesnerboss.com (888) 282-2110

I am getting a divorce & my husband is insisting on keeping the house but I have a child (his step daughter) and wish to stay?

To keep this home, you must be able to afford it. Based on this being a 2 year marriage, alimony is very unlikely. Child support is not an option unless you have children together or he adopted the step-daughter. Be careful what you do with this home. Even if you could afford the home, it is not worth what is owed on it. So, your husband may jump at the chance for you to take this home and assume the liability. Tread carefully. Brian Arrighi, Esquire Yesner & Boss, P.L. www.yesnerboss.com

How can I fix my credit even when disputes were done

Contact our office for a free consultation on this issue. Brian Arrighi, Esq. www.yesnerboss.com 727.471.0039

Foreclosure

You can my office for a free telephonic consultation. Brian Arrighi, Esq. Florida Attorney www.yesnerboss.com 1.888.282.2110

A written response to a complain in a lawsuite with a foreclosure

When you are served with a foreclosure lawsuit (served a summons), you have twenty (20) days to respond. If you fail to respond, you will be in default. The foreclosure will then move forward without you. You need to file your written response or your Answer. Brian Arrighi, Esq. Florida Attorney Foreclosure/Short Sales www.yesnerboss.com 813.251.2921

My husband and i a separated but not divorced, can he claim both kids?

As stated in a previous post, seek advice from an accountant. In the divorce, seek credit for the funds in which you did not receive due to your Husband claiming both children first. Brian Arrighi The Divorce Center - Tampa www.8884mydivorce.com