You should wait for the baby to be born and file a paternity action as soon as the baby is born. Keep track of where the father is so that you can have him served with the papers. Advise him via email or other writing of the pregnancy and request assistance. Keep a copy of that email or writing. Once the baby is born you can seek child support, as well as a time sharing plan. Good luck with your pregnancy. Wendy Doyle, Esq.
2 people marked this answer as helpful
You should hire a lawyer and file your case right away. If there is no child support order currently, child support as well as retroactive child support can be calulated. He will get credit for the time that she did live with him. I would also recommend having an investigator and perhaps a forensic CPA look into his financial picture. Whatever attorney you choose can recommend those professionals to you. One thing is certain, you need to get child support established right away before she is...
1 person marked this answer as helpful
That is very difficult to answer because it depends on so many factors, such as whether there are children, what type of assets, how long was the marriage, whether the parties are able to come to an agreement. Basically, the more issues and the more contested the case the longer the case will take. If there are very few issues or if the parties can enter into written agreement it may only take 4 or 5 months (both parties generally still need to file financial disclosure). If you go all the...
If there is an order out of Michigan and the other party is still living there, then Michigan will still have jurisdiction. If no one is in Michigan then you may be able to have the court take jurisdicition. Wendy Doyle, Esq.
You may be able to file your paternity case here, but I would need to know more facts. Most states follow the UCCJEA which requires residency of 6 months for the court to take jurisdiction. I would need to know how long she was in OK, how long she has been back in Florida and whether the case in Ok has been finalized. Wendy Doyle, Esq.
I cannot tell by your question whether there is an existing child support order for your first child or whether both children are from the same custodial parent and this is an upward modification. If you are current in your support obligation for your first child, or if the first child is in your care, that suport should be taken into account in calculating child support for your second child. Yes you are correct, child support is based upon the combined incomes of both parties. The custodial...
John Tuthill here in St. Petersburg Florida. I believe he has even testified as an expert in this area.
You need to consult with a family law attorney. I would recommend contacting several attorneys, many offer free consultations. You may also want to consult with an immigration attorney as well, unless you can find an attorney who practices in both areas.
If you filed a motion to modify your child support and alimony, this was the wrong pleading. You must file a Supplemental Petition to modify a final judgment. You must have a substantial change in circumstances, not contemplated at the time of the final judgment, and that is permanent. You can find the Supreme Court forms at www.flcourts.org. Wendy Doyle, Esq.