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Barbara Peyton
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Barbara Peyton’s Answers

308 total


  • How do get my ex wife off my deed ?

    House is paid for, ex lives inminnisota and quite ill. House and kids were given to me in divorce.

    Barbara’s Answer

    If you have a judgment that says you are to get the house, simply have an interspousal transfer deed prepared and submitted for her signature before a notary public. That document can then be recorded to show title solely in your name.
    If she refuses to sign it get a lawyer to help you file a motion with the court to have a deed to you signed by order of the court
    Good luck

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  • How many years of "back" child support can be ordered when there was no divorce, petition for support, or order for support?

    My spouse and I separated almost 5 years before she filed for divorce. We lived separately the entire time. She never filed for child support during that time and no one filed for divorce until the end of 2014. Can she be given back child support...

    Barbara’s Answer

    I don't know for sure about Georgia but in California the answer is no. Generally child support only runs from the date the petition is file ( in some cases) or when a motion for support is filed.

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  • I want to file for divorce, we were married for 20 years and I moved out, I am concerned about alimony?

    i make about 50-60k and she makes 10/hr at a stocker at a grocery store, her father pays all of her bills, can we argue that because her father pays her bills i dont have to pay a lot of alimony? the father gives her money for utilities and bought...

    Barbara’s Answer

    The disparity of your incomes suggests that you will have to pay spousal support. However, there are one or two ways to mitigate the amount you will have to pay:
    First: Have your wife evaluated by a vocational counselor to see whether she can earn more than at present.
    Second: If her father pays her bills every month -- and not only sporadically --- then the court should impute that amount to your wife as a form of regular income which can reduce the amount of support you need to pay.
    Get an experienced family law attorney and be sure to check on the law on this point in Florida. What I have told you about is California law.
    Good luck

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  • Can I file pro se when children are involved?

    My husband and I are talking about divorcing. It's a mutual decision. I want to file pro se but we have children. We're in agreement on custody arrangements and such. Can I file pro se?

    Barbara’s Answer

    Everyone has the right to file "pro se" for him or herself even if you have children and parenting issues involved.

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  • If I refuse going to co-parenting counseling, will that look bad in court?

    My ex is totally impossible to co-parent with. My ex is now pretending to be interested in co-parenting by requesting we go to co-parenting counseling. I know for a fact that this will not work and will be expensive and a waste of time. From a ...

    Barbara’s Answer

    Short answer is yes.
    Better answer: You might be surprised. Even if it doesn't help your spouse, it might give you some tools to better deal with that person. Be sure to double check: often the courts ORDER the parties to co-parenting counseling. If that is the case, you don't have a choice as to whether to attend,
    In my many years of family law practice, I have often been surprised at the positive results obtained from co-parenting counseling. Also: There are co-parenting classes which are less expensive than joint, co-parenting counseling.
    Good luck

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  • What if an at home DNA test was done. I wasn't present but gave swab and then told me I was the father but her ex signed bc

    An at home DNA test was given without me being present. Gave her the swab and she said the baby was mine, but he ex signed the birth certificate. Am I still required to pay child support?

    Barbara’s Answer

    I suggest you tell the mother you want an independent laboratory to perform a DNA test and that you will pay for it. You can rely on the results from an independent laboratory.
    Don't pay anything until you have independent laboratory results.
    Good luck

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  • Wrong state to file a divorce?

    my husband filed a divorce on pennsylvania, but i live in miami. he left to penssylvania a year ago and now he has filed a divorce. we were married and lived here in miami. i want to move the proceeding to miami...i have looked and i have to fi...

    Barbara’s Answer

    Generally, a person is entitled to file for divorce in the state where they have been a resident for a given period of time. Check with a Pennsylvania lawyer to find out what the residency requirements are for that state. In California a person can file for a legal separation with only three months of residency; a divorce requires six months residency.
    Without knowing Pennsylvania's residency requirements I can't be sure but I'd bet he has the right to file for divorce there.
    Good luck

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  • I'm 18 am live in Philadelphia and I want to move out. Can I do this without my parents permission

    Having family issues and want to move out

    Barbara’s Answer

    If the age if majority in Pennsylvania is 18, you are considered an adult and can move out.
    Good luck

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  • I got married in MI April 25, 2014 and then moved to NC June !, 2014 and moved out July 4, 2014. In August 2014 I got pregnant

    I got married in MI April 25, 2014 and then moved to NC June !, 2014 and moved out July 4, 2014. In August 2014 I got pregnant by my present boyfriend. Husband and I are not divorced and I am going to be moving back to MI and the babies father is ...

    Barbara’s Answer

    I would check with a Michigan lawyer but in California you have to live in the state for at least three months before you can begin divorce proceedings. If you are worried about your husband claiming paternity of your child, unless you were living with your husband when the child was conceived or delivered, there is no presumption that he is the father.
    Again, however, I strongly suggest you check with a Michigan lawyer to make sure the general law will apply to your situation.
    Good luck

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  • When a child turns 18, does she get to decide which parent to live?

    I have a 10 year child and my ex has physical and legal custody. When she turns 18 years old, can she make her own decision as to which parent to live with or can the court still order regarding living arrangements?

    Barbara’s Answer

    There really is no "magic" age at which a child can tell the parents or the court where he/she will live. However, once a person reaches the age of majority, he/she is considered and adult and can make personal decisions such as where to live for him/herself.
    In California the age of majority is 18 years. Check to see what it is in New Jersey.

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