Skip to main content
Guichard St. Surin

Guichard St. Surin’s Answers

83 total


  • Can my child and I move out of my mother's house at anytime?

    Guichard’s Answer

    Your mother's boyfriend has no standing in court to stop you from moving out with your child. #servingtheone

    See question 
  • When calculating child support, is the net amount before expenses used or the amount after expenses?

    Guichard’s Answer

    The net income before expense is used to calculate child support. The net income after expenses is used to deviate from the guidelines. There are many things that you must verify to make sure that the correct net income is being used. A few of those things are: are they including bonuses which are continuous? Is the correct IRS filing status being used? You should contact an attorney to help you #servingtheone

    See question 
  • When filing a Petition to Superseded and Modify Administrative Child Support Order do I file a new case?

    Guichard’s Answer

    It depends, if you were never married to the person you may want to file a paternity action in circuit court to get your parental rights and timesharing established. The paternity action will also determine child support and that new amount will supersede the DOR child support amount. You should contact an attorney. #servingtheone

    See question 
  • Will my future wife's income be calculated in my child support?

    Guichard’s Answer

    Your new spouse's income will not be calculated nor included in your financial affidavit. However, your filing status may impact what your net income is which is what is used to determine your percentage share and amount of child support. #servingtheone

    See question 
  • Does Florida require the custodial parent to report a 28% (+$36,000) increase in income for CS modification?

    Guichard’s Answer

    You should file a supplemental petition to modify child support. A substantial change can be shown if payment increase or decrease by $50 or more or by 15%. The new support payment will apply retroactively to the date of filing of the Supplemental Petition to Modify. #servingtheone

    See question 
  • Can I take my child out of state for vacation purposes during an open family law case?

    Guichard’s Answer

    Also, you should provide the father with your itinerary and contact information for where you are going to show the court that you are communicating these kind of things with the father. #servingtheone

    See question 
  • How can I collect alimony

    Guichard’s Answer

    The party requesting alimony has the burden to prove an actual need and the other party’s ability to pay alimony.
    In proving need, the spouse requesting alimony has the burden of establishing the income available to him or her. After that burden has been met, the burden then shifts to the spouse from whom alimony is sought to adduce evidence that rebuts the requesting spouse's evidence on that issue.

    See question 
  • Husband was forcefully served with divorce petition....But he wont take the relocation petition

    Guichard’s Answer

    You can have him serve at the courthouse if he shows up for the hearing. You can bring your own process server or see if the deputy sheriffs there can do it. The petition for relocation could have been a part of the dissolution of marriage document to avoid things such as this from happening. #servingtheone

    See question 
  • When you are getting a divorce in Florida, how longer does a lawyer have to get discovery?

    Guichard’s Answer

    Discovery can be obtained in many forms. One way is through mandatory disclosure which is due within 45 days of filing and yours would be due within 45 days of being served. Another way, is through special interrogatories when you are requesting for information and they have to disclose that to you within a reasonable time frame and last but not least is through the taking of a deposition. If the opposing party is dragging their feet than your attorney should file a motion to show cause so the judge can hurry the process along. #servingtheone

    See question 
  • Does my spouse have to pay my medical insurance if we divorce?

    Guichard’s Answer

    You may be able to receive social security benefits under him rather than your own social security benefits if you would be entitled to a higher payment under his name. That should not affect any alimony award that you may be entitled to. Visit the social security website for more info and contact an attorney to help you with the divorce. #servingtheone

    See question