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Oxalis B Garcia

Oxalis Garcia’s Answers

74 total


  • Can I include custody of my newborn in my living will?

    Oxalis’s Answer

    You can name your parents as your child's guardian in your will or through a Pre-need guardian in the event that both you and your Husband are unavailable to care for your child. But if something were to happen to you, but your husband is still alive and well, the child will be placed in the custody of the Father (your Husband).

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  • Her lawyer told me there is no child?!?

    Oxalis’s Answer

    Her attorney will defend her interest. Since you are out of state it is highly recommended you retain an attorney to represent you and defend your interest.
    Why this attorney did or did not do something is something that only he and his client know.

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  • Past due child support by a convicted felon on probation

    Oxalis’s Answer

    • Selected as best answer

    Late payments or contempt for not paying child support would not be considered a violation of his probation unless within his conditions it was specified that he had to pay the child support on time. I have never seen a condition like that implemented. You may want to seek a consult from an experienced family law attorney who also handles criminal matters to properly asses your case and discuss the possible outcomes of your situation with you.

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  • What form do I use for filing either a counter-motion or answer to a motion in a divorce case?

    Oxalis’s Answer

    Any time you are contesting service it is highly recommended that you do this via an attorney. The attorney will know what to allege, what law to cite and what case law to bring up.

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  • If my ex abandon his son and I took care of my stepson for 5 years can I sue him for non support of his child ?

    Oxalis’s Answer

    Not at this point. You could have requested child support from him while you were taking care of the child.

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  • CHANGE OF VENUE IN FAMILY LAW CASE

    Oxalis’s Answer

    Based on your description I have a very good sense of the Judge you are referring to. In this case you do not qualify for a change of venue, but you could ask the Judge to recuse herself. If the motion is granted your file will be re-assigned to another Judge and since your case is in Plant City courthouse (I'm assuming) there is only one other Judge there who is there. Furthermore, if it has been less than 10 days since the entry of the Judge's order you can request a re-hearing or reconsideration.

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  • I paid off child support in nov 2013...now i received a letter stating that I owe interest on child support. can this be waived

    Oxalis’s Answer

    I agree with Mr. Smitten. Feel free to contact my office to schedule a free consultation and discuss your legal options.

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  • Is There a way to discharge back child support? The tow children are 39 and 37 years old.

    Oxalis’s Answer

    • Selected as best answer

    First we would need to figure out why are they taking these monies, is for arrears or for unpaid interest. Secondly depending on what it is for, and who is receiving them, we might be able to get a stipulation forgiving you of any further obligations.

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  • My father's wife is filing for divorce ?

    Oxalis’s Answer

    As stated by Mr. Goldstein, your father needs help. There are many factors that will influence your father's case. Depending on the circumstances he may be entitled to alimony and/or reimbursement for attorney's fees. I am a spanish speaking family law attorney.

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  • What states has the jurisdiction over this matter Arizona or Florida?

    Oxalis’s Answer

    The UCCJEA rules anything regarding custody/visitation, while UIFSA regulates child support. Both Federal Acts have a home state requirement. Absent a case being started in Florida, thus Florida retaining jurisdiction, AZ has the ability to decide if the child has been residing 6 or months there.

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