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Joseph Patrick Cairns
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Joseph Cairns’s Answers

16 total


  • What income to include on financial affidavit for child support enforcement?

    I get paid hourly for my job, but I also get $100 per month because my company requires me to have specific internet services and cell phone (and it is listed on my check as such). When I am filling out my financial information for child support e...

    Joseph’s Answer

    Any attorney is going to want to see your paystub and potentially verify the information with your employer, however, it would appear that this would be a business expense that is reimbursed by your employer. The other side could argue that this reduces your personal expenses and should be considered income. The question becomes one of whether you would have a lesser option of cellphone and internet coverage that you would rather purchase. If you would likely choose a less expensive option, the difference would be related to a business or employment cost. I would argue that is not part of your income.

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  • Can I receive a "MODIFICATION" from the court on my Spousal Support if my ex has a LIVE-IN Paramore?

    I've been divorced for two years and my ex-wife has a boyfriend living in the same house, with my children. In my divorce agreement it makes mention that I’m eligible for a “MODIFICATION” based on her re-marrying or a paramore. Would this qualif...

    Joseph’s Answer

    The simple answer is that it appears that you would have a basis for a modification. The legal issue that you present is one of modification of alimony based on cohabitation. If your Wife is in a relationship where she is cohabitating with a boyfriend and it appears to be a supportive relationship, you would have a basis to reduce your alimony obligation. The statute and case law on the modification of alimony under these circumstances do not suggest that it will be an automatic cancellation of this obligation, but that the Court may reduce your obligation. What this means is that the Court could still balance the relative needs of your former spouse against your ability to pay. I would consult with an attorney so that they may go over your Final Judgment and discuss the specifics of your situation.

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  • My bf is 18 and I'm 17 we have been together 3 years and he wants to get married I live in Fl can I get married w/o permission

    Well me and my bf want to get married we have been together a long time and I have had lots of stress at home its affecting my health I wanna move out and he wants to get married is it possible that I can move out with and get married with court p...

    Joseph’s Answer

    Unless you have already been determined to be an emancipated minor, you would need your parent's consent. It's unlikely that you have been through this process and getting yourself declared emancipated may be too long of a process given that you are already 17. Moreover, the necessary facts and circumstances to become emancipated may be very hard to establish.

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  • Obtaining restraining order on individual

    How do I obtain a restraining order for a individual? What would the estimated cost be?

    Joseph’s Answer

    You may have already taken the steps to file for the injunction; however, the sooner you can get to see an attorney the better. It's important to have "all" of the relevant facts in your Petition prior to your return hearing.

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  • Can i still file motion against ex spouse for not moving out of home if we still lived for years after divorcing?

    we have been divorced for more that 5 years, I was awarded the house in divorce. ex-spouse never moved out and we have been living together ever since for over 5 years now. There was other order of agreement made other that verbal between us, th...

    Joseph’s Answer

    I agree with the previous responses that you have potentially two (2) options in either seeking an ejectment of your former husband from your house or to proceed with enforcement through the family law court. It may be less time consuming to proceed through the family law court and enforce your order. I would contact an attorney to decide which method is in your best interest.

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  • I am being falsely accused for domestic violence,etc,removal from church.Can I counter for deformation of character,false report

    Should I put a restraining order on the individuals that are making false accusations on me and making a false report through the courts? What are the consequences of making a false report in florida? Can I press charges after the court date heari...

    Joseph’s Answer

    I agree with what has been posted. However, I did want to add that in the event the allegations are proven to be completely false, the Court could refer the matter to State Attorney's Office. I will caution that it is rare that this occurs. The problem is that many injunction hearings become one person's word against another, or it's differing accounts of the same facts and circumstances. The need for an attorney is important because if the Court believes there are some real issues between the Parties they may enter an injunction out of caution. The problem is that there may be no real cause for the injunction to be entered. An attorney can help apply the law to the facts to ensure that the Court has all the necessary information in making its ruling.

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  • Is it a bad idea for me to agree to separate our finances in order for him to agree to work on marriage counseling?

    My husband cheated on me and has moved out. He says he is willing to work on our marriage if we go ahead and separate our finances so he has control over his own money, but continue to pay half of our bills. Is this an unwise financial decision ...

    Joseph’s Answer

    From a legal perspective it may make little difference whether you split your finances. Anything earned or generated during the marriage is going to be considered marital property regardless of how it is titled. As to child support and alimony it may be worth a consultation with an attorney to go over your particular facts and circumstances to ensure you aren't agreeing to something that may harm you in the future. It would appear to me that you should seek counseling and get advice from the counselor as to whether such an action would serve to calm some of the disagreements between the two of you.

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  • Can I obtain order of protection for children from mother who attempted to commit suicide?

    I am living in Florida about 4 months. As a proof I have rental lease, Florida Power bills and Bright house cable/internet bills for about 4 months. But My wife attempted to commit suicide a few days ago while children were at home. She admitted t...

    Joseph’s Answer

    The reason why you need to discuss this with an attorney is because there are several ways to get the courts attention (injunction, emergency family law motion, dependency). Those options have varying goals and consequences.

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  • In a divorce case, if there is an allegation that someone is underemployed is a vocational expert needed to impute income?

    If one party is alleged to be under employed and making less than a fulltime minimum wage worker because they have their own business which is strugling, what income can be imputed to them for child support? I've heard that minimum wage can be im...

    Joseph’s Answer

    Minimum wage can almost always be imputed so long as that person has the ability to work. Vocational evaluations can be expensive and there has to be some kind of cost/benefit analysis before you should consider retaining such an expert. There are other avenues to prove that someone is voluntarily unemployed as well. Did this person quit their job or cause themselves to be fired unnecessarily? If they are voluntarily underemployed, what were they making at that previous job history? Sometimes the analysis can simply comparing that person's job history to the jobs that are available in that market. I wouldn't say that such an expert is required in all cases, but they certainly can be instrumental in having the imputation entered. However, the evidence that you are looking for is that this person can work, should be able to find a job which pays more than minimum wage, and that it is reasonable to assume that there are jobs in your market which you can place him in. Another important question to ask is, "What efforts is this person making to find suitable employment?" If effort is being made to no avail, they may get the benefit of the doubt from the Court. If they aren't you may have an open door to show that such employment is available and that he or she could obtain this employment.
    Of course any attorney will tell you that they need to hear the specific facts of your case as well as the goals that you wish to achieve. Getting a consultation or a second opinion may prove very helpful.

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  • How do i respond to summons for dissolution of marriage in Florida

    Today i recieved a petition for dissolution of marriage and other relief from my wife and attorney.My wife and i said we want to make this as quick and painless as possible. But this dissolution paper says a whole differnt story,she told me that...

    Joseph’s Answer

    Before you get too upset, remember that the Petition typically draws the largest box possible in regards to the possible relief either party could hope to receive. In many cases lawyers will draft petitions with things that they likely won't get but need to keep certain things at issue. It may well be the case that she does not expect many of the things she is asking for. That being said you should consult an attorney to review the specifics of her petition and related paperwork.

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