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Vernon W Guirguis

Vernon Guirguis’s Answers

10 total

  • If a spouse leaves you and moves in with another person , does the persons income that she is living with count as her income?

    My spouse left 3 years ago and has been living with another person, should that persona income count as part of her income for divorce purposes?

    Vernon’s Answer

    You haven't mentioned whether there are minor children involved. If so, the "other person's" income could also be relevant for purposes of child support, if they are contributing towards the household expenses. Generally, you would need to show that your spouse's income is insufficient to cover the household expenses before the "other person's" income even becomes relevant.

    You should schedule a confidential consultation with a family law attorney in your area.

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  • Financially speaking, what should I expect in mediation?

    I know that I currently pay too much in child support because the final judgement was made when my ex was still in school and had little to know income. Since then she has graduated and has had many years in her career. I make significantly less t...

    Vernon’s Answer

    Without knowing respective incomes, health insurance & child care costs, it is impossible to say. However, the short answer is, yes. Even if she's making more than you, you indicate you will only have 52 overnights a year. In a situation like this, you could still be paying child support. You should speak with a family law attorney asap. If your incomes are disparate enough, she could be responsible for paying your attorney fees/costs.

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  • Can a Significant Other have any rights to the Custodial Parent's children? (Wether or not we live together)

    The parenting plan states a one hour "babysitting" rule. I want to know if it's ok for me to care for them longer than the hour, if I can take them to activities, appointments, be present when it's time to pick up the kids from the other parent, e...

    Vernon’s Answer

    • Selected as best answer

    Parental rights and being involved in day-to-day activities are two separate issues. No, you do not have any parental rights. However, unless the Final Judgment says otherwise, I believe you would be permitted to take them to activities, be present during exchanges (although not always recommended), etc. In your situation (1 hour), I believe you are also addressing the Right of First Refusal which typically pertains to when one parent cannot care for the child and child care services are required. However, doctor visits are usually delegated to the legal parents. In any event, I would carefully review the Parenting Plan and consult with a local attorney.

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  • What is the maximum amount that can be ordered for arrears each month? I would like the $5,000 to be paid before emancipation.

    I currently have an agreement with $10 per month being paid toward arrears. We are going to court to modify support payments because one of the children has turned 18. Our final child receiving support will turn 18 in 13 months. Can I request th...

    Vernon’s Answer

    Unless Dad tries to modify before emancipation, I believe the current child support amount would remain in effect until the arrears are paid in full. When it comes to child support, you cannot just "request" an aribitrary amount to be used for child support. You should set up a consultation to meet with an attorney to run the numbers.

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  • A 20 yr old has gotten a 16 year old (at the time of conception) pregnant . can anything be done about this/.

    hes now denying that hes the father and also the baby is due soon

    Vernon’s Answer

    Based upon their respecive ages, I do not believe this would constitute a criminal offense. However, my colleauges are correct in that you can file a Petition to Establish Paternity and Other Related Relief (visitation, parental responsibility, child support, etc). If he contests being the father, a DNA test will be required. If he refuses to undergo testing, you could Motion the Court to require it.

    DISCLAIMER: Nothing in this post should be treated as legal advice. It is general in nature and not tailored to any specific set of facts. If you have specifics you would like to discuss, you should contact an attorney directly.

    VERNON W. GUIRGUIS, ESQ.
    THE GUIRGUIS LAW FIRM, PLLC
    1423 S.E. 16th Place #204
    Cape Coral, FL 33990
    Tel: (239) 573-9939
    Fax: (239) 603-6965
    Email: GuirguisLaw@gmail.com

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  • Can you file a child support order in Florida and still be Legally Married?

    My freind and her Children have lived in Indiana for over 5 years. Indiana is were she filed it, and florida orderd him to pay child support and back support! What state whould have juresdiction over the case?

    Vernon’s Answer

    Yes. Separate maintenance and support unconnected with divorce is available under Florida law. I have included the statute below. Further, I agree with my colleague, that if you need to obtain a court order to receive support from your husband, you may just want to consider filing for dissolution of marriage. You should speak with an attorney regarding jurisdictional issues and available options you may have.

    F.S. 61.09 - Alimony and child support unconnected with dissolution.—If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.

    DISCLAIMER: This is not legal advice and should not be relied on as such.

    VERNON W. GUIRGUIS, ESQ.

    GUIRGUIS LAW FIRM, PLLC
    1423 S.E. 16th Place, Ste. 204
    Cape Coral, Florida 33990
    Phone: 239.573.9939
    Facsimile: 239.603.6965

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  • Can I terminate a father's rights based upon abandonment?

    Ok...I have a 2 year old and his bio dad hasn't seen him since June of last year. Before that cps was called in on him by law enforcement for child abuse, also he has committed many acts of neglect such as leaving the baby soaking wet in his crib ...

    Vernon’s Answer

    • Selected as best answer

    Typically, a father can lose their parental rights through, incarceration, abandonment, substance abuse, and neglect. However, each parent has Constitutionally protected rights and it will not be easy if he contests the adoption. That being said, I agree with my colleague in that you should try to obtain his consent. Can his rights be terminated involuntarily? Sure. Will it be easy? Not likely.
    You need to speak with an attorney before moving forward.

    DISCLAIMER: This is not legal advice and should not be relied on as such.

    VERNON W. GUIRGUIS, ESQ.

    GUIRGUIS LAW FIRM, PLLC
    1423 S.E. 16th Place, Ste. 204
    Cape Coral, Florida 33990
    Phone: 239.573.9939
    Facsimile: 239.603.6965

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  • My Ex is taking me to court because he wants my boyfriend to leave while i have my kids over. What can I do so my bf can stay?

    My ex husband does not like my boyfriend. He says he is a bad influence and doesn't want the kids around him. We live together and he doesn't have any where to go while i have my children. He has a criminal record and doesn't have custody of his o...

    Vernon’s Answer

    If you and your ex have shared parental responsibility, it is presumed you both will do what is in your child's best interest while they are in your care. However, your ex-husband can try to prove that your live-in boyfriend being around is not in your child's best interest. The judge would hear evidence from both sides and make that determination. Through the discovery process, you can request all documents that your ex-husband will be relying upon so that you can have an idea what exactly his position will be. As this would be an evidentiary hearing, I would strongly advise seeking a family law attorney to represent you in this matter.

    DISCLAIMER: This is not legal advice and should not be relied on as such.

    VERNON W. GUIRGUIS, ESQ.

    GUIRGUIS LAW FIRM, PLLC
    1423 S.E. 16th Place, Ste. 204
    Cape Coral, Florida 33990
    Phone: 239.573.9939
    Facsimile: 239.603.6965

    See question 
  • My Ex doesn't want my kids around my boyfriend and is taking me to court! Can he do this??

    My children reside with my ex husband and I get the kids on the weekends. My Ex does not like my current boyfriend and is taking me to court stating my boyfriend is a bad influence and doesn't want the kids around him. My boyfriend does not have...

    Vernon’s Answer

    It sounds like you and your ex have shared parental responsibility. If so, it is presumed you both will do what is in your child's best interest while they are in your care. However, your ex can try to rebut this with evidence that your live-in boyfriend being around is not in your child's best interest. The judge would hear evidence from both sides and make that determination. As this would be an evidentiary hearing, I would strongly advise seeking a family law attorney to represent you in this matter.

    DISCLAIMER: This is not legal advice and should not be relied on as such.

    VERNON W. GUIRGUIS, ESQ.

    GUIRGUIS LAW FIRM, PLLC
    1423 S.E. 16th Place, Ste. 204
    Cape Coral, Florida 33990
    Phone: 239.573.9939
    Facsimile: 239.603.6965

    See question 
  • My husband of 30 years told me he is leaving me after the holidays, what should I do

    I just became a Remax agent so I don't have any income, He wants me to move out because he can afford the house I can't. he said he would split the checking account 50/50. I've asked him a hundred times to give me another chance, he said no. I t...

    Vernon’s Answer

    Your marriage is considered "long-term," which helps in your claim for permanent spousal support (alimony). He's correct in that you may not be able to afford the home now, but you may be able to afford it with the alimony payments he will likely be making in the near future. Or, the home could be distributed to you as part of the equitable distribution of marital assets. Also, he cannot unilaterally remove you from the marital home; he would need to obtain a court order to do so. Depending on the nature and value of the marital assets, an unequal distribution is possible, but more information is needed to make that determination. Lastly, depending on your financial situations, he could be responsible for your attorney fees and court costs. You need to discuss the specifics with a family law attorney asap.

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