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Vera Bergermann
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Vera Bergermann’s Answers

342 total


  • What happens if there are two income deduction orders?

    I have had 2 courts enter 2 income deduction orders against my pay within a month of each other. Toghether they equal my whole pay check. How will the courts handle this? Neither judge considered the other amount...Who will get paid first? the chi...

    Vera’s Answer

    Ask to have the second order vacated, because the earlier order was not taken into the child support equation for the second order. You now are having an unlawful amount of money withheld from your paycheck. Your employer should be made aware of Federal law regarding maximum percentages of pay that can be withheld.

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  • Can child support be non-modifiable?

    I am about to attend mediation. I was wondering if we can agree that the child support will be non-modifiable for X number of years and have it written into our agreement.

    Vera’s Answer

    Under Florida public policy, child support is always open to modification upon a substantial change in circumstances. If you want to discourage modification for a period of time, then it is best to build in something like a credit for unequal distribution of furniture as an example. Say the wife gets $4000 more in furniture than the husband. If she moves to modify child support within 18 months of making the agreement, then the husband is automatically credited with $4000 to his child support account.

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  • Is a Motion for Civil Contempt/Enforcement considered a post-judgment family law case?

    My ex filed a motion for Civil Contempt after I filed a Petition to Contest Delinquency. Would the Motion for Civil Contempt be considered a post-judgment? I asked this because I have found an administrative order that indicates that "whenever a ...

    Vera’s Answer

    In my home county, child support contempt motions are exempt from going to mediation prior to hearing.

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  • How to prevent mother from taking child after getting kicked out of rehab, and suffering from domestic abuse.

    Mother of my child (10 years old) asked me to care for our daughter while she attended rehab. The agreement was for her to stay with me until she was able to get clean, and find work "She's been out of work for two years". She was kicked out of re...

    Vera’s Answer

    File a petition to determine parenting responsibilities along with an emergency motion for temporary custody.

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  • Can a Motion for Civil Contempt regarding time sharing be filed even after the minor child is 18?

    My son was 17 at the time of the last issue with time sharing occured. There have been many times that my ex-wife has refused to allow me visitation with my son. At one point I was refused visitation for over 3 months when I am allowed visitatio...

    Vera’s Answer

    You are done. He is 18 and can make his own decisions re spending time with you. His mother has no legal right to intervene. Leave the missed Thanksgiving behind. You waited too long. I wish both you and your son a warm and loving relationship.

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  • Do I have to prove anything first before I can give up custody or it's automatic once the necessary forms are file?

    I, the grandfather, have temporary custody of my 11 year old granddaughter, Natalie, since 2005 after her mother (my daughter) passed away. Her father pays child support but only met her about 4 times. I spend a lot of time helping her with her s...

    Vera’s Answer

    If you have temporary custody of Natalie, then what does your ex-wife have? It is unusual to give each of two divorced grandparents temporary custody. If they are one unit in a household, then both are usually named in the custody action. Why not modify the custody order to include only you? If it is your preference, then you can also ask the court to release you from the temporary custody order.

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  • .Do i have rights if i livewith my partner but are not married?

    I live with my boyfriend for the past 2 yrs, he became ill last november and now he is in a state of semi-coma. The parents came from another state and took over cause we were not married. We dont get allow and now im prohibit to see him and move...

    Vera’s Answer

    I would contact a guardianship attorney. You did cohabit with him in an emotional and financially supportive relationship. He was a mature adult of 36 years--not a teenager. All those factors may affect your ability to be his guardian. The guardian is the person who "takes over" in the event of someone's incapacitation.

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  • If the groom calls the wedding off, can the parents of the bride be reimbursed for non-refundable expenses?

    The groom canceled the wedding for no other reasons than his own benefit. Since the wedding was only 6 weeks away many vendors had to be paid in full. Do the parents of the bride have legal rights to recover those expenses from the groom?

    Vera’s Answer

    It is a public policy not to force someone into marriage. I don't believe you have any legal rights to recover the expenses from the groom. If he made a promise to reimburse you if anything caused the wedding's cancellation, then a contract lawyer would be the type of lawyer to hire.

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  • I am an Australian citizen and I have a son that was born in florida. I was never married to the father

    can i move back to my country with my son?

    Vera’s Answer

    Has the father had his parental rights established or filed a notice with the Putative Father Registry? Tread carefully here. Although Florida law stands for the principle that the unwed mother holds sole parental responsibility for the child until the father's parenting rights are established, Florida also has a strict relocation law. Whether you can move to Australia will depend upon the actions already taken or, perhaps, about to be taken by the father.

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  • Can my ex use a scholarship awarded to our child for private school without my permission?

    I was recently informed that a scholarship that was awarded to my son, using my financial information, has been used by my ex against my wishes. I did not grant the school, the scholarship giver or my ex permission to take over the scholarship or ...

    Vera’s Answer

    I guess I am not understanding what exactly has happened here. If a scholarship is awarded to your son by a particular school, then it is your son who can benefit from it. He is the recipient. I don't understand how an ex can "take over" the scholarship as he is not the one who will be attending the school. Regarding signing checks "in your name": Is this bank fraud? Generally, if a check is made out to one individual and another person--without permission--signs the check in the name of the individual to whom the check is made payable, then that's fraud. Your bank can better advise you in that area.

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