Laurence Jay Smith's Answers

Husband and wife incurred debt under FL law will a divorce cancel out the debt

The informal advice you received is not correct. There are ways to legally get out of debt and "start over", but the method that you described is not one of them. Third-party creditors are not affected at all by divorce decrees. Divorce decrees set the arrangements between the spouses only, not people with whom the spouses have contracts or debts. Talk with a bankruptcy specialist.

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Child Support - when does it end in Florida?

Child support can be extended for an adult child who is dependent in fact because of mental or physical health issues. The extension is not automatic, though, so you should consult an attorney on how to proceed, and do it before the child turns 18. Normally, though, child support continues until the child graduates from high school, unless the final judgment or settlement agreement says otherwise.

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Can an alleged victim use his/her fifth amendment right in FL state

The fifth amendment right against self-incrimination is available to anyone, but there are consequences as with anything else. You should discuss your particular situation with a criminal defense attorney and not rely upon message boards for important advice. The courtroom is not the place to try out novel ideas for protecting your own self-interests. Contempt of Court and Obstruction of Justice are serious offenses that should not be underestimated.

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ANGRY SCREAMING VIOLENT HUSBAND AND SHARED CUSTODY

Your first step should be to sit down with a family law attorney and discuss your options. You'll get no real help online. There are options, but you will need to give then entire story to an attorney so that they can give you complete advice. Good luck.

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Marriage and name change in Florida

Generally, nothing specific like you suggest needs to be done. People in Florida (and most everywhere else in the U.S.) have a common law right to be known by whatever name they choose. There is no requirement that she take your last name, nor is she required to choose right away, but if she does not elect to take your name after the marriage then to obtain a legal name change she would need to file a request with the court to do so. In such a situation, the typical inquiry made by the court...

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Child support

If the arrears have not been adjudicated when the child ages out then you would need to have a court determine how much the payments toward arrears will be going forward. Ongoing support terminates according to law, which may be at age 18 but may also be a later date depending upon the specific circumstances, but arrears do not terminate. Past due child support is a vested right that can be reduced to judgment, and a payment plan can be enforced. There are many options that you should...

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Power Of Attorney (Husband vs. Daughter having POA)

The simple answer is "yes", but nothing is ever that simple with family and law. There are many possible reasons why the simple answer is incorrect in your particular situation, though, so you should speak to a family or elder law attorney to discuss your particular matter.

Is floeida a common law state?

If you are referring to common law marriage, then no, Florida is not a common law marriage state. Florida does, however, recognize common law marriages from other jurisdictions, so long as the marriage is valid in the other state. Florida law specifically excludes same-sex marriage, even if valid in another state. There are specific requirements to be legally married in the state of Florida, which includes a ceremony performed by a clergyman or notary, who endorses a document that...

Florida Child Support End

The language in your agreement appears to be an attempt to paraphrase a specific statute, and as written it is somewhat ambiguous (capable of several reasonable interpretations). If called upon to interpret the language, I believe that a judge would read it as being substantially the same as the statute. So, under the facts that you present, since your child will graduate high school before she turns nineteen, then child support will terminate when she graduates. Other facts may yield other...

Custody papers?

The first place to start is with a family law attorney. This is a rather unusual and complex situation that requires expertise. The "normal" laws do not apply because there is no vehicle, other than through the foster care system, for a non-parent to obtain custody of a child. However, if the parents are willing then a contract can be drafted that would provide most, if not all of the protections that the friend needs. I stress that theis is an unusual situation, and if they try self-help...