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Kelly Kathrene Spegon

Kelly Spegon’s Answers

20 total


  • Can Florida child support take past due support out of a joint bank account?

    I have a checking account that I added my fiancee to a few years ago. I am still primary on the account. Recently, he fell behind on child support about $4,500.00 because he lost his job. I have direct deposit of most of my paycheck into that acco...

    Kelly’s Answer

    Take immediate action! An important factor here is whether the money has actually been taken out of your account or if the bank has merely frozen the money in the account. The Department of Revenue (the agency responsible for Child Support Enforcement) will try to collect unpaid child support in every way possible. Legally, the money in a joint bank account belongs to each account holder in its entirety. Each joint account holder has full rights to all the money in the account. That does not mean you do not have rights. You can file an emergency motion to fight against the child support being taken out of your joint account. If the funds are merely frozen you can ask that the court order the bank to unfreeze the funds. If the funds have already been transferred out of the account you will have to ask the court to order the Department of Revenue to keep them from being paid out to the mother and reimburse your account.

    As always, the best idea is to hire a lawyer experienced in child support law. You can call or e-mail my office and I will make time to speak with you. Law Office of Kelly K. Spegon, (727) 599-8550, e-mail KellySpegon@hotmail.com Visit my website at http://www.tricountylawgroup.com

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  • Oordered to pay child support... 4 days later daughter moves in with us. Mother has custody. How do we stop child support? HELP

    The Mother has been to jail 4 times in 3 months and also has been know to sell drugs but never caught doing so. What rights does my husband have?? His daughter is 17 years old and refuses to have contact with her mother due to her experinces while...

    Kelly’s Answer

    Your circumstance of having the child for whom you are paying child support move in with you is common. I would estimate that it occurs in about 30 % of the child support cases. You can have the child support order stopped while the child is living with you. It is critical that you understand that if the child support was ordered by the court, the *only* way to have it stopped is by an order from the court. Reporting the change to the Clerk of Court, the State Disbursement Unit, or the Department of Revenue will not stop the child support order. These entities represent the mother’s interests *not* the father’s. Since you are the one being charged with child support, *you* are the one who is responsible for making sure the court enters an order to stop it. Luckily, it is easy. To stop a child support order you must file a motion to abate (stop) child support, schedule the motion to be heard by a child support hearing officer, judge, or magistrate, attend the hearing, and have an order entered stopping child support. Contact the Clerk of Court in your county or go to the court house and ask if they sell a forms packet with the motion to stop child support. Time is of the essence because if the court enters an order to stop child support they will only stop it effective back to the date that you file your motion.

    The other facts that you provided about the mother’s incarceration and her boyfriend’s arrest is important in a formal custody battle but these facts need not be proven to have child support stopped. Child support is based on the actual circumstances of where the child is living, not the custody arrangements ordered. You do not have to get the custody order changed to motion the court to stop child support if the child is actually living with you.

    As always, the best idea is to hire a lawyer experienced in child support law. You can call or e-mail my office and I will make time to speak with you. Law Office of Kelly K. Spegon, (727) 599-8550, e-mail KellySpegon@hotmail.com Visit my website at http://www.tricountylawgroup.com

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  • My boyfriend and I lived together for the past 4 years. He just died 3 weeks ago.

    My boyfriend's only living relative is a great uncle in IL. The Problem is that the funeral home mistakenly identified his best friend Jake (who paid for the funeral) as his Brother. Because the funeral director identified Jake as a Brother in t...

    Kelly’s Answer

    I am sorry for your recent loss. I hope the news I am about to give you helps. In most cases, you do not have to go to Court to have the death certificate corrected.

    The main thrust of your question is “How does one go about getting a death certificate corrected?” It is a relatively simple process. You can request corrections through the Office of Vital Statistics. You can submit an application to amend along with an affidavit (which is a written and notarized statement) explaining what the error is and what the corrections should be. The Office of Vital Statistics charges a $20.00 application fee for the service. It would be best to have an attorney draft the necessary documents so that all the required information is included on the application and the affidavit is in proper form. The attorney’s fees should relatively small for such a service.

    It may be of great benefit to you to talk to an attorney before transferring the title for the car or any other assets — even if you think the Great Uncle is in agreement — as asset transfers usually require administration of the estate. Moreover, administration of the estate can give you protection against false creditor claims. A fast, summary administration may be available to you.

    Feel free to contact me if I can be of further assistance.

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  • Back child support

    The payments are made directly to me but not for the full amount that was originally agreed upon and there were some months that were not paid due to father being unemployed. Can I file to collect the total unpaid amount? How many years can I ...

    Kelly’s Answer

    More information is needed to answer your question. I think what you are asking is whether you can sue the father to get the remainder of the full payment for each month he paid less and the payments for the time he was unemployed. If there was no prior Court order entered and you want to have the Court enter on now, the Court can only go back two years from the date you file your request. Was the amount originally agreed upon part of an existing Court order? If not, was the Child Support agreement between you and the father in writing? Do you know whether the amount agreed upon was more or less than the Child Support Guideline amount? How did you keep track of the payments? Your response to these questions will determine the answer. I would be happy to help you. So, if you do not mind providing more information, you can call or e-mail my office and I will make time to speak with you. You can contact me at the Law Office of Kelly K. Spegon, (727) 599-8550, e-mail KellySpegon@hotmail.com

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  • Not wanting child support but forced to.

    I applied for food stamps, unfortunatly they are making me file for child support against my fiancee. i dont want child support. but if i dont get it we lose benifits. i dont think this is fair. we are getting married, hes in the babys life, we ju...

    Kelly’s Answer

    Here's what to do. Stop getting Food Stamps. Seriously. I defend men like your fiance everyday. The small amount per month that you receive in Food Stamps is definitely not worth the hassle. Ms. Constantine's response to your question was completely accurate. The State will continue to pursue your fiance as long as you are receiving Public Assistance benefits. To cancel your Food Stamps, you must notify the Department of Children and Families in writing that you no longer want to receive Public Assistance. Sign and date the letter then send it to your case worker via certified mail or expedited delivery service (FedEx) with proof of delivery. The State of Florida’s Child Support Enforcement Agency can wreak terrible havoc on your lives. You want out of the system as quickly as possible. They can send your fiance to jail, ruin his credit, suspend his driver’s license, humiliate him in court and trample his civil rights. Once he is in the Child Support system he will need a good attorney. The amount you and your fiance are benefitting by your current arrangement is not worth the cost in the long run.

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  • Help with Requested Appeal on Child Support Order

    An child support order was issued with a previous income. The parent submitted an appeal for a review & modification of the child support order but was denied due to being received outside of the required 10 days. The court is now asking the paren...

    Kelly’s Answer

    Yes, try a Motion for Relief from Child Support Order. The 10 day limit is the time limit to file a Motion for Rehearing. It is filed under Rule 1.530 of the Florida Rules of Civil Procedure. However, Rule 1.540(b) allows up to one year after the order is entered and applies in certain circumstances. But I would not just give up on a Motion for Rehearing if you have any chance at prevailing on showing good cause. It is important to note that the filing of a Motion for Relief does not automatically stay the order -- you still have to comply with the order until the Judge rules on your Motion. Another option is available if there really has been a substantial change in circumstances since the order was entered. You could file a Petition to Modify Child Support. Answers to many frequently asked questions can be found on my website listed below:

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  • Florida child support laws, parent's responsibility for medical expenses

    i've been court ordered to pay half of all medical expenses for a minor child. Am I liable for dental work if it is not stated in the court order?

    Kelly’s Answer

    You could argue that if the dental work was strictly cosmetic rather than medically necessary, then it is not a "medical expense". Whether or not you are responsible is a matter of interpretation -- an interpretation that is ultimately up to the Court. The order need not specify in detail every type or circumstance of medical expense that will require your contribution. If you do not pay the other parent could file a Motion for Contempt and ask the Court to force you to pay. The Court would then determine whether the dental expense was a qualified medical expense. Alternatively, a proactive approach would be for you to file a Motion for Clairification of the Child Support Order and ask the Court to rule on whether dental expenses were contemplated in the original child support order. Answers to many Frequently Asked Questions can be found at my website listed below:

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  • My child support was determined 2 years ago and my wages hve been drastically reduced, what can I do

    My child support was determined 2 years ago and my wages hve been drastically reduced? What can I do.

    Kelly’s Answer

    Get your child support reduced to an amount consistent with your decreased income. The sooner you File, the sooner you Save. If the Court determines you are eligible for a reduction, they will begin your lowered amount on the date you filed your Petition for Modification of Child Support with the clerk or court. So, if you’re ready to start paying less child support, get to an attorney and have her/him file for your modification. The filing fee should be around $50. I offer Answers to Frequently Asked Questions on my website listed below.

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  • Lien on estate for back child support.

    Both my husbands parents died and he is 50% beneficary. He owes back child support and his ex wife put a lien on the estate in the state of Florida. She lives in IL. My husban thinks that in the state of Florida she is only entitled to 50% of w...

    Kelly’s Answer

    The answer is highly dependant upon the specific facts in your case. Before I go any further, let me just say it could save you thousands of dollars if you hire an attorney who is experienced in both Asset Protection and Family Law. Child support is a debt that enjoys greater protection than all other debts except money owed to the Federal government. As to whether the ex-wife will be limited to 50% of the estate, the answer is dependant upon when your husband's right to the property began, his relationship to the property during the marriage/divorce, whether the property was considered in the divorce decree, whether he is inheriting the property personally or through a Trust, and whether his parents had an Estate Plan, Trust, or Will. You will want someone to review the Divorce decree, child support order, and your husband's parent's estate. Some attorneys who practice Probate Law or Estate Planning also focus on Asset Protection. Call around and speak to a few lawyers before you decide. You could check on the Avvo website to find attorneys. Alternatively, the Florida Bar (licensing agency for all Florida attorneys) offers a lawyer referral service. You could ask for a Probate, Estate Planning or Asset Protection attorney who also has Family Law experience. The Florida bar Lawyer Referral Service number is 1-800-342-8011. I do not benefit from providing you with number and I do not offer my services through the Florida Bar referral program. I practice in Estate Planning and Family Law but I do not practice in North Port.

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  • Florida child support laws, can child receive child support payment directly if they don't live with their parents

    My parents are divorced my mother recieves child support for me but I no longer live with her can I recieve child support from her?

    Kelly’s Answer

    If there is a Court order for your father to pay child support to your mother then he must pay your mother until he goes back to Court to have the order changed. It is up to your mother as to whether she gives the money to you. The payment terms of child support, including when child support ends and to whom child support is paid, is located in the Court Order. You can get a copy of the Court Order from the Clerk of Court where the child support was ordered. Generally, child support stops when the child reached the age of majority (18 y.o) or is legally emancipated. If the child moves from the custodial parent’s home into a new home before s/he is 18 y.o. or emancipated, then two things are important. First, the Court should be made aware of the change because the payor (non-custodial parent) must abide by the Court order until the Court changes the order. Second, if the child is living with an adult who is providing support for her/him, the Court can simply change the person to whom the child support is paid and name the payee as the “non-relative” payee rather than the mother. You, your father or your mother can petition the court to change the payee. The “payee” is the person to whom the child support is paid. An experienced family law firm such as the Law office of Kelly K. Spegon, P.A. can help you with all your child support needs. Payment plans for legal fees are usually available.

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