Joseph Patrick Cairns’s Answers

Joseph Patrick Cairns

Largo Divorce / Separation Lawyer.

Contributor Level 5
  1. Is it a bad idea for me to agree to separate our finances in order for him to agree to work on marriage counseling?

    Answered 11 months ago.

    1. Joseph Patrick Cairns
    2. Earl Kenneth Mallory
    3. Edward Brandon Beckham
    4. William Charles Rosenfelt
    4 lawyer answers

    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...

    8 lawyers agreed with this answer

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

    Answered 11 months ago.

    1. Joseph Patrick Cairns
    2. Tami Lane Augen
    3. Arica Lynn Braaten
    4. Kevin Michael Burke
    4 lawyer answers

    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?...

    7 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Connie R. Stephens
    2. Omar Jose Famada
    3. Joseph Patrick Cairns
    4. Slade H. Mclaughlin
    5. Jeffrey B. Lampert
    6. ···
    7 lawyer answers

    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.

    6 lawyers agreed with this answer

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

    Answered 11 months ago.

    1. Tami Lane Augen
    2. Andrenee Anderson
    3. Joseph Patrick Cairns
    4. Kathryn Mary Holton
    4 lawyer answers

    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.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 11 months ago.

    1. Tami Lane Augen
    2. William Charles Rosenfelt
    3. Joseph Patrick Cairns
    4. Carin Manders Constantine
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 5 months ago.

    1. Joseph Patrick Cairns
    2. Robert Jason De Groot
    3. Michael Charles McGinn
    4. John Arthur Smitten
    4 lawyer answers

    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,...

    3 lawyers agreed with this answer

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

    Answered 11 months ago.

    1. Tami Lane Augen
    2. Brent Allan Rose
    3. Karen Tallent Munzer
    4. William Charles Rosenfelt
    5. Joseph Patrick Cairns
    5 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered 5 months ago.

    1. Elliot Jay Goldstein
    2. Joseph Patrick Cairns
    3. John Arthur Smitten
    4. Seth Robert Nelson
    5. Joseph Julius Registrato
    5 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. 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

    Answered 11 months ago.

    1. William Charles Rosenfelt
    2. Robert Jason De Groot
    3. Wendi L Hall-Gonzales
    4. Joseph Patrick Cairns
    5. John Arthur Smitten
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

  10. Obtaining restraining order on individual

    Answered 11 months ago.

    1. Tami Lane Augen
    2. Michael Charles McGinn
    3. William Charles Rosenfelt
    4. John Arthur Smitten
    5. Joseph Patrick Cairns
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

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