Nicole Ferry’s Answers
471 total
Can they still take my taxs if my case is closed and my payments r going to what i owe?
Nicole’s Answer
Yes, the Department of Revenue can take your tax return if you are in arrearage until you aren't.
How do I make sure my brother doesn't get in any trouble i.e.. No warrants etc..?
Nicole’s Answer
Your brother used your name. In so doing, that is Resisting an Officer without violence (a misdemeanor); however, if he used a fake id, he can be charged with a third degree felony. All you can do is tell the truth and don't miss any court dates.
I need to know what steps to take for custody of step-son The father and mother have both abandoned him.
Nicole’s Answer
I would contact the Department of Children's and Families and file a report of abandonment/neglect. It is probably the best way for you to obtain custody since you are not a parent. Courts can place the child with you through what is called a dependency action.
I need to know how child support works in Florida when the father is paying two mothers?
Nicole’s Answer
The guidelines will deduct the first child support from his overall gross income; then they will determine what timesharing you and he have with your children. The other children have priority since they were first born. It isn't fair.
My ex wants to get me evicted from home
Nicole’s Answer
To start, I would file a Motion for contempt to force him to pay child support. The local child support office (DOR) can help you for no charge. As to the house, it depends on whose name the deed is in, and the exact wording of your final judgment for dissolution. If the judgment says you get to keep the house, then he cannot evict you. You need an attorney to read over it, or put better details here.
How does the process of signing over parental rights go?
Nicole’s Answer
If you were not married to the father and he isn't on the birth certificate, then you are already the sole legal guardian. He has no rights under Florida law if that is the case. If you do have an agreement filed with the Court, the only way he can stop paying child support would be along the lines the other attorney mentioned. If you are married to another, you could have that spouse adopt your child. It sounds like the father would be happy to sign a consent. Otherwise, he is obligated to pay child support.
Does my wife has to pay the lease?
Nicole’s Answer
Most expenses incurred during your marriage are marital and both are jointly liable for them. Having said that the lease holder can only go against the person whose name is on the lease. You will need an attorney.
No parenting time set up and we have joint custody
Nicole’s Answer
In Florida, a parenting time provision like yours has an inherent flaw. That means that you can correct it even if you didn't file an appeal or even if you reached that provision by agreement. If you have moved here from another state, the previous state still retains exclusive jurisdiction to handle custody matters. You can file a modification in that state. Florida can enforce a foreign judgment, but not modify it unless there are one of the few exceptions.
Law enforcement generally won't become involved in a custody issue. I would think they certainly would not since your judgment isn't specific. However, I urge you to try using a third party to work out the timesharing. A judge will not like it if you are withholding the child.What's my best option?
Nicole’s Answer
If you have been served, you have 20 days to respond. I would call the attorney representing your ex and ask for an extension. Your final judgment may have wording that should guide you as to how to go about dealing with the house. If the attorney doesn't give you and extension, you need to hire legal counsel.
Can i divorce my spouse from Florida if she lives in Puerto Rico?
Nicole’s Answer
Yes you can get divorced in Florida once you have lived here 6 months. The 6 months establishes your residency. The other attorney is correct, though. Since Florida has no personal jurisdiction over your spouse, a Florida court cannot establish support or allocate property located in Puerto Rico.