Michael D. Flukeā€™s Answers

Michael D. Fluke

Clearwater Divorce / Separation Lawyer.

Contributor Level 15
  1. How long do I have to reimburse my ex-wife for children't medical bills not covered by insurance?

    Answered almost 4 years ago.

    1. Michael D. Fluke
    2. John Arthur Smitten
    2 lawyer answers

    Typically 30 days, look at the agreement. Usually the agreement will require her to submit them to you within 30 days as well. If you don't have the $800, I have a hard time believing she will get a great deal of relief in court after sitting on these. Then again, courts do funny things. You should make every effort to pay what you can and consult a local Family Law attorney to discuss this in greater detail. Good luck.

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  2. Will I have to pay more child support if my ex-wife voluntarily leaves her job?

    Answered almost 4 years ago.

    1. Michael D. Fluke
    2. Vera Bergermann
    2 lawyer answers

    I can see agguments on both sides of this one, but the bottom line is if your ex chooses to stay at home, there is an argument the your ex's unemployment is voluntary and the court can choose to impute her former income to her. If she attempts to modify child support, I would highly reccomend contacting a local Family Law attorney such as myself to protect your rights in this matter.

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  3. Relocation to another state

    Answered almost 3 years ago.

    1. Michael D. Fluke
    2. John Arthur Smitten
    2 lawyer answers

    You cannot be charged with kidnapping if he has not been legally established as the Father. He can file a Petition to Establish Paternity and attempt to get the court to order the return of the child to the jurisdiction. You can handle this in one of two ways. You can move, force him to file, and if he does, contest his Motion by filing a Petition for Relocation and a Temporary Motion to Relocate with Minor Child. Secondly, you can file a Paternity action yourself and bring the action to...

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  4. What can we expect for my 17 year old who was charged with 784.03 1a1 battery- touch or strike?

    Answered over 3 years ago.

    1. Michael D. Fluke
    2. Stephen Andrew Mosca
    2 lawyer answers

    Assuming he does not have any prior juvenile offenses there may be a number of options available to your son. At Arraignment the court will first make him aware of the charge and then ask if you are able to provide an attorney. If you are, the court will set another hearing and instruct you to get an attorney. If you are unable the court will appoint the Public Defender's Office. From there, the court may consider a Walker Plan (which is a diversion plan where your son will possibly be...

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  5. Shoplift but didn't get arrested but cops were called do i have a record?

    Answered almost 4 years ago.

    1. Michael D. Fluke
    2. William David Umansky
    3. Cynthia Russell Henley
    3 lawyer answers

    If you were not arrested, as of right now you have no record. The police may forward the case to the State attorney for prosecution at a later date or they may have decided with the stores cooperation that payment of the civil fine was sufficient. The State, assuming the value of the items was less than $300 and you have no prior thefts, can file charges within 1 year pursuant to the Statute of Limitations. Good luck.

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  6. Do i need to say yes to a job application if i was arrested and pled guilty when i was a minor

    Answered almost 4 years ago.

    1. Michael D. Fluke
    2. Cynthia Russell Henley
    2 lawyer answers

    Most job applications ask about felony convictions. A juvenile charge, even a felony, does not result in a conviction but an adjudication of delinquency. Your answer to any questions regarding convictions is clearly no. Good luck with the job search.

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  7. If a State Attorney is not fair when it comes to first time juvenile offenders and direct file, who would you report them to?

    Answered almost 4 years ago.

    1. Michael D. Fluke
    2. Ayuban Antonio Tomas
    2 lawyer answers

    The state can direct file, but it has been argued that, when challenged, that they must demonstrate some fair and uniform policy for doing so. With no prior record, your son's attorney may convince the judge to "sentence back" your son. This means that the adult judge still has the ability to sentence your son as a juvenile.

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  8. Child writing a letter to a judge

    Answered almost 4 years ago.

    1. Michael D. Fluke
    2. Ayuban Antonio Tomas
    2 lawyer answers

    Unless both sides agree, the judge cannot consider a letter from the child as evidence. Children have been allowed to testify in custody cases at the judge's discretion. You can file a motion to allow child testimony. The judge will consider the age and maturity of the child. This is, of course, a last resort. Children do not belong in the courtroom in the middle of a divorce and this should be avoided for the benefit of the child. Instead, focus on proving the history of domestic...

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  9. Can a 17yr old riding on a bike be written a traffic ticket in his own neigborhood by a law enforcement officer?

    Answered almost 4 years ago.

    1. Michael D. Fluke
    2. Jacob J Linhart
    2 lawyer answers

    Yes, a seventeen year old can get a ticket for a bike violation and yes, the officer would need to establish that it was your son riding the bike in court.

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  10. Can I modify timesharing with a revised parenting plan?

    Answered almost 3 years ago.

    1. Michael D. Fluke
    2. Royce Brent Bishop
    2 lawyer answers

    Technically, filing a joint Parenting Plan will not change the Order unless you also file a modification and submit an Order or Supplemental Final Judgment. The format of these documents will depend on if the Order was a Final Judgment or simply an Order. The Stipulation can include re-calculated child support guidelines. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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