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Guichard St. Surin

Guichard St. Surin’s Answers

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  • Will my husband be granted spousal support if I make more money than he does some day?ARCHIVED

    Guichard’s Answer

    Your marriage would be considered a Moderate-term marriage since the duration is greater than seven years but less than 17 years. The forms of alimony which are available to you are durational, bridge-the-gap or rehabilitative. There is no presumption for or against permanent—if appropriate upon consideration of the factors, it may still be awarded but that may be unlikely.
    Once awarded, modification may be possible depending on the type of alimony awarded. You may want to hire an attorney for your case because it's going to cost you a lot more money if things are not done right. Best of luck. #servingtheone

  • Can a Divorce Lawyer from a different city handle my case?

    Guichard’s Answer

    Yes, an attorney from a different city in Florida can handle your divorce case. However, why would you want to do that? Doing so may cost you more money and the attorney may not be familiar with the local bar rules of the other county.

    Yes, you are still able to file for the divorce in Florida since you wife still resides in Florida. In Florida, only one party must meet the residency requirement of being a residence for at least six months in order for a person to file for divorce in Florida. Best of luck and I recommend you hire local counsel to handle your case. #servingtheone

  • Can i take my son to another state, without his father consent?

    Guichard’s Answer

    You can if there is no prior court order in place. I recommend you give him the information for where you are moving to so if and when he does file a case against you, you can at least show the court you let him know where you are moving to. #servingtheone

  • Do I have to move out of my house when my wife files for a Divorce?ARCHIVED

    Guichard’s Answer

    No you do not have to move. An experience family law attorney can guide you in the process and how the effect of moving out would affect your financial affidavit and equitable distribution. #servingtheone

  • Will a judge order me to split up my assets, 401K, pensions savings(individual acct) etc with husband in uncontested divorce?ARCHIVED

    Guichard’s Answer

    What you are referring to is called equitable distribution and there are many factors the court considers. It sounds like you have a significant amount of assets at stake so I strongly encourage you to hire an attorney. #servingtheone

  • What should I do?ARCHIVED

    Guichard’s Answer

    You may not be able to do anything about it except to hold him in contempt. One of the only ways I can see the court readdressing this issue is if he was hiding assets and sources of income that at the time you had no reason to know existed and he failed to disclose. Contact a local attorney who may be better able to answer your question after reviewing all the facts. #servingtheone

  • Can we close our child support case with the DOR and make an agreement together outside of the court's involvement?ARCHIVED

    Guichard’s Answer

    You could also file a paternity action in circuit court if you were never married and the child support determined in that court would supersede the DOR order and you possible could ask for direct payment from the payor, if the court approve it instead of doing an income withholding order. If you receive direct payment, it is up to you on whether or not to enforce it. Contact a family law attorney in your area to help you with the matter. I love seeing parents trying to work things out amongst themselves. Kudos on that. #servingtheone

  • What can I do when ex didn't give me itinerary before 7 days (per parenting plan)

    Guichard’s Answer

    Yes you can file a motion for contempt and you could also file a supplemental petition to modify time sharing if you can show a substantial change of circumstances and him not abiding by the agreement is a factor the court looks at. You need to contact an attorney asap to get the process started. #servingtheone

  • In Pasco County Florida, is child support mandatory if both parties agree that they don't want it? ARCHIVED

    Guichard’s Answer

    Florida law does not, as a matter of public policy, preclude agreements establishing the terms of child support. The fact that parents may not waive or “contract away” their child’s right to support does not preclude them from making contracts or agreements that is different from the child support guideline so long as the best interests of the child are served. Lester v. Lester, 736 So.2d 1257 (Fla. 4th DCA 1999). #servingtheone

  • What papers do i need to file in response to a dissolution of marriage with debt and assets.ARCHIVED

    Guichard’s Answer

    You only have 20 days from the date of service to file an answer. You need to retain an attorney as soon as possible to help you file an answer and counterpetition to address the marital debts and assets. #servingtheone