Garth R Goodman’s Answers

Garth R Goodman

Saint Petersburg Divorce / Separation Lawyer.

Contributor Level 8
  1. (Family Law).. Can I still depose listed possible witnesses in a upcoming custody trial?

    Answered 4 months ago.

    1. Garth R Goodman
    2. Robert Jason De Groot
    3. Morgan Ashley Weinberger
    4. Michael Paul Sampson
    5. Liz Wilson
    5 lawyer answers

    If the person you are seeking to depose is the other party, then you do not need to issue a subpoena. If you are seeking to obtain documentation (records, files, etc in the possession of the third person acting as records custodian), then you may seek production of the documents without the necessity for take the deposition of a witness/ records custodian. If you want to put the witness under oath because this person has something relevant to offer to the issue(s) involved, then you have to...

    7 lawyers agreed with this answer

  2. Can I ask him to pay attorney fees now that our case has been reopened for contempt?

    Answered about 1 year ago.

    1. Garth R Goodman
    2. Robert M Chambers
    3. Carin Manders Constantine
    4. John Arthur Smitten
    5. William Charles Rosenfelt
    5 lawyer answers

    If your Ex is found in contempt, then the court will evaluate whether he has the ability to pay what is called a "purge" amount. This amount will be based on all of his available financial resources such as any savings, equity in a vehicle, furniture/ furnishings, collections, tools, jewelry (other than costume); etc. You will need to be prepared to think critically of what your Ex may own including business assets and/ or inventory if he is self-employed. As part of any contempt hearing,...

    5 lawyers agreed with this answer

  3. How many days do I have after the guardian ad litem files her report, to put a motion to find the GAL in contempt for Perjury?

    Answered 3 months ago.

    1. Garth R Goodman
    2. Heather Morcroft
    3. Robert Jason De Groot
    4. John P Wallace
    4 lawyer answers

    I have served as a GAL in divorce cases. A GAL has certain immunity when rendering a recommendation and report. If you wish to discredit the GAL or have the court find the GAL's report to be less than credible, you may use any such information you have to cross examine or impeach the GAL. I do not know the specifics of your situation, but I do know from experience that Judges are aware that either one or both of the parents is (are) going to be disappointed with the recommendations and...

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  4. Child support modification when quitting work to receive an advanced degree?

    Answered 3 months ago.

    1. Stephen George Henderson
    2. Brandon Michael Tyson
    3. Lorieann Maiorella Cox
    4. Garth R Goodman
    5. Nicole Kessler Ferry
    6. ···
    6 lawyer answers

    Florida has an abundance of case law on this very topic. In my opinion, you may seek to modify your child support if you are pursuing a higher education which will eventually enhance your earning capacity. You would need to show that your higher education can be reasonably achieved during the minority of your child(ren). This depends on the age of your child(ren). If your child will be turning 16 by the time you graduate and thereafter you would not realize your enhanced earning capacity...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How can I file contempt of court charges without an attorney?

    Answered 3 months ago.

    1. Garth R Goodman
    2. Robert Jason De Groot
    2 lawyer answers

    If your court order provides that the children are to be timely delivered to you upon conclusion of the Father's timesharing, and he is willfully refusing to abide by the court order, you may allege that the Court find him in contempt. The problem is that "contempt" is meant to compel compliance. The court may simply order your EX to do what is already court ordered or perhaps award you make up timesharing. If you and your EX live near each other, you may consider picking them up from the...

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  6. TO change a parenting plan in Florida and the only change requested,would be length of summer vacation of each party

    Answered about 1 year ago.

    1. Garth R Goodman
    2. Betty Elaine Jones
    3. William Charles Rosenfelt
    4. John Arthur Smitten
    4 lawyer answers

    If you are seeking to increase your time sharing, which may or may not impact child support as well as other issues such as travel expenses, etc., then you will need to file a "supplemental" petition to modify the time sharing alleging a substantial change(s) in circumstance since the last court order awarding time sharing and the requested time sharing is in the child's best interests. I would agree that simply asking for two additional weeks seems simple and perhaps you can speak with the...

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  7. Am I eligible for alimony and am I able to collect my spouses social security benefits after 17yrs of marriage and a homemaker?

    Answered 10 months ago.

    1. Elliot Jay Goldstein
    2. Dennis Michael Phillips
    3. Tami Lane Augen
    4. Robert M Chambers
    5. Garth R Goodman
    6. ···
    7 lawyer answers

    In this instance, you may be able to claim under your Husband's social security record. One concern would be that he not elect early retirement at 62. Also, you cannot remarry until you are at least 60 or may loose your rights to elect under his record. Further, as far as alimony is concerned, your marriage is "long" term which basically means that a presumption of entitlement to alimony arises. If you have not worked during the marriage, raised children, worked your Husband's business(...

    4 lawyers agreed with this answer

  8. How long should it take to schedule mediation as well as a temporary hearing after the answer to petition is filed?

    Answered almost 2 years ago.

    1. Garth R Goodman
    2. Christopher Sean Mulligan
    3. Robert M Chambers
    4. John Arthur Smitten
    5. Michael Charles McGinn
    5 lawyer answers

    Before scheduling mediation and a temporary support hearing, you must make certain that the Respondent has filed his/ her Financial Affidavit and other financial information (mandatory disclosure). If you go to a hearing without verification of income, you may be at a disadvantage at a temporary support hearing. Further, mediation is most effective when you have the necessary information such as pay verification, bank records, pension/ retirement statements, etc. so that these matters can be...

    4 lawyers agreed with this answer

  9. Is my acceptance of a different amount of child support than that which was ordered enough for my ex to win case?

    Answered almost 2 years ago.

    1. Brent Allan Rose
    2. Heather Morcroft
    3. Marian Audrey Lindquist
    4. Garth R Goodman
    5. John Arthur Smitten
    5 lawyer answers

    Parents cannot change court ordered child support simply by accepting a differing amount even for an extended period of time. However, your acceptance of the lesser amount may be a defense against any claim raised by you that he is in willful contempt (for violating a court order) and perhaps even a defense against obtaining a judgment for back support (the difference between what is owed and what he paid you). He may try to argue "estoppel" or other affirmative defenses in support of having...

    4 lawyers agreed with this answer

  10. Soon to be ex-husband hiding assets overseas and lying on financial affidavit- can this be prosecuted?

    Answered 3 months ago.

    1. Garth R Goodman
    2. Paul J Knudsen
    3. Richard Scott Chizever
    3 lawyer answers

    If you have not already, you may consider issuing a subpoena duces tecum to a non-party (Trust) and obtain records as to disbursements. The Rule regarding issuance of such a subpoena will need to be followed carefully. I would imagine that your Husband will object to the subpoena being issued and served on the Trust (and Trustee). If this be the case, then you may file a motion to compel (or, if your Husband and/ or the Trust file a Motion for Protective Order), at which time you will have...

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