Archived
My daughters father is a drug addict & doesnt work. Is there anything i can do as far as child support goes
Gerard's answer
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Answered on April 28, 2010
Even though he does not have an income, it is possible for the court to "impute" income to him, and determine a child support obligation. The...
Archived
Is it possible to get emergency child custody in Florida?
Gerard's answer
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Answered on June 24, 2009
I agree with the above response - if there is no imminent threat of physical harm or threat of improper removal from the state, then an "emergency"...
Archived
If i divorce and have the only salary can her potential future salary reduce my alimony payments?
Gerard's answer
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Answered on May 18, 2009
You are presuming she would be entitled to alimony in the first place - which is impossible to tell from the limited information you have provided....
Archived
How long does that non custodial parent have to pay child support?
Gerard's answer
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Answered on May 18, 2009
If the Final Judgement is silent on the point of termination of child support, it is usually as of the child's 18th birthday. That being said - if...
Archived
What is the process for transferring custodial rights from the custodial to the non custodial when it is voluntary?
Gerard's answer
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Answered on May 18, 2009
Depending on the judges in your circuit court, the easiest way may be to have an attorney draft a "Consent Agreement on Modification of Time...
Archived
Can I have children be heard by courts regarding statements made by ex-spouse?
Gerard's answer
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Answered on May 18, 2009
You would have to file a motion with the court for Attendance and Testimony of Minor CHildren - and it is not a given that the court would hear...
Archived
My x boyfriend is a sexual offender does he have any chance to get custody if we go to court?
Gerard's answer
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Answered on April 09, 2009
The Court must evaluate the factors listed in Chapter 61, Florida Statutes as it develops a parenting plan and time sharing schedule (the term...
Archived
Will a pre-nuptial stand if I was told I "must" sign if I wanted to marry my husband?
Gerard's answer
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Answered on April 09, 2009
A lot goes into a Court's review of a pre-nuptial agreement for validity and enforcement, not the least of which is the "duress" issue. Typically...
Archived
Is the 401k, 403b or Florida Retirement System divided during a divorce if both parties have worked during the marriage?
Gerard's answer
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Answered on April 09, 2009
Generally - any assets acquired during the marriage are "marital assets" and subject to equitable distribution. This includes the amount any...
Archived
Wife moved out of state, how can I get a divorce?
Gerard's answer
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Answered on April 09, 2009
If you have no children or property, you should be able to do this fairly easily. You would need to file a petition for dissolution...
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