Joseph Gufford III's Answers

What constitutes good grounds for objecting to or moving to strike a notice of non-jury trial filed in a family case?

The fact that there has been no temporay relief order or hearing entered is not grounds. However, the failure to comply with mandatory disclosure and/or discovery may be good grounds. Also, the matter must be "at issue", meaning that the pleadings, Petition, Answer, Counter-petition and Answer to Counter-petiion have been filed. Also, there are time limitations associated with noticing the case for trial. I would not venture into this situation without the assistance of a good family law attorney.

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I get a trust check every month from my deceased Grandma's family trust. How much in taxes do I have to pay on it?

This is something that you should consult with a qualified CPA/tax atttorney for the right answer.

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Can i evict my tenants

Yes. If you have done the 7 day notice properly, we should be bae to evict. The evictions process while simple has many hazards along the way. Please give us a call if you would like to pursue the matter. Attorneys fees and costs are usually recoverable as an item of damages.

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I got everything ready to file a motion civil/emforcemnt and suspension of driving privileges

I read your case description and I feel for you. Unfortuantely, DOR is in no position to do the kind of work that your case requires. They literally have thousands of cases in the 19th Judicial Circuit and are not equipped to deal with a case that requires extensive discovery and perhaps, finances permitting, the assistance of a private investigator. Discovery needs to be done and admissible evidence needs to be obtained.

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Can I take out a life insurance policy on my ex to benefit our child?

Firstly, I think that you should consider hiring an attorney (not the Department of Revenue) to file Motion for civil Contempt/Enforcement or, if he persists in not paying a Motion for Indirect Criminal Contempt. Both of these should prove effective if all of the relief sought is awarded, i.e. suspending drivers licenses, income deduction orders, incarceration, etc. As to your question regarding the lfe insurance, I suppose you can take a life insurance policy out on anyone you would like to...

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Do I have to pay my landlord's attorney fees after he served me with a Notice to Vacate or Pay rent?

I really need to see the wordng of the agreement in order to properly answer the question. Some wording of agreements is such that a landlord may be entitled to reasonable attorneys fees absent litigation.

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QDRO questions

Military retirement benefits/plans are not really divided by a QDRO. The documentorder dividing military benefits is similar to a QDRO but is not the same. There are several variables that have to be considered when dividing military benefits. I genreally work with the author of the book entitled "Retirement Plan Benefits and QDROS in Divorce", Tim Voit. I suggest you contact QUALIFIED lawyer to assist you iwth this matter. I can tell you that my langauge dividing miltary benefits was...

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I live in FL. Want to relocate to GA with 14 yr old daughter. Husband is contesting. But did not do so withing proper timeframe.

I would really need to take a look at the pleadings in the case so that I can detrmine the procedural posture of the matter at bar. In any event, relocations are governed by Fla. Stat. 61.13001. Any lawyer who tells you that relocation cases are simple is simply uninformed. Also, certain judges in the 19th Judicial Circuit do seem to render many decsions against relocation. I dont know why that is the case but it does seem to be thr order of the day. We just recently successfully litigated a...

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No contact order is against me yet victim calls and texts me. what can happen. I do not respond

You can file a motion to dissolve the injunction. In essence, injunctions are entered because the court has determined that either there was actual violence or that the victim has a reasonable fear that they are about to become a victim of domestic violence. By contacting you, she is taking steps that can be construed to show that she has no fear. Dealing with text messages is very hard in a courtroom. I would take photographs of the messages.

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Is there such a thing as a suggestion of non-compliance form in Florida for family law cases?

A :"Suggestion of Non-Compliance" is usually associated with the failure of a party to comply with a Case Management Order or Pre-Trial Order. If you are seeking enfocement of an existing judgment/order, the proper form is a "Motion for Contempt/Enforcement". Be very careful with forms as some things are enforceable by way of contempt (child support, alimony, parenting plan violations) while others are usually not (i.e. failing to pay credit cards or other equitable distribution items).

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