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Whitney Rae Lonker

Whitney Lonker’s Answers

16 total


  • Custody or adoption of my two nieces?

    I've cared for my nieces since they we're born. It was agreed they're my own & in our family was norm to adopt within the family, so no legal adoption papers were signed. Its been 10+ years. Their bio mom is my sister & no dad listed on birth ce...

    Whitney’s Answer

    In Florida I would file a motion for temporary custody by extended family member to give you a temporary custody order. Then, I would file a Petition to Terminate your sister's parental rights pending adoption by you and move to terminate her rights as a mother. Once terminated, you can adopt the children. You will need to speak with a family law attorney in your state. This is a complex issue, and you need a professional to help guide you through the process since you will need temporary protections in place to get you to the final steps.

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  • What is the typical sentence for your fourth charge of driving while barred

    No accidents nothing three years ago I got three driving while barred . My license was suspended for unpaid fines and it just spiral ed out of control but a couple months ago I got my fourth driving while barred because I drove to my kids school t...

    Whitney’s Answer

    In Florida it could be filed as a felony. Most of the time the State will drop it to a misdemeanor, but you will most likely need to find the money to pay your outstanding fines and go into court with a valid license. Usually when my clients do that, the State will drop the charge to a no valid license charge and withhold adjudication, which means you will not be convicted and it will not go against your driving record.

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  • Contempt of Court for Childcare??

    My ex is deciding that for this school year, she will not pay her respective portion of the childcare, as per our parenting plan. She claims that because she doesn't need it, she doesn't have to pay for it. Is she required to pay her portion, even...

    Whitney’s Answer

    If the final judgment or final order states that you both must split the cost of the childcare equally then the ex cannot unilaterally change that order from the Judge. Unless she files a supplemental petition for modification, she has a legal duty to pay her half until the original order telling you all to split the child care is changed. You should file a motion for contempt and request attorneys fees since but/for her actions, you wouldn't have had to seek recovery from the Courts.

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  • Will I go to jail for receiving a ticket for no license while already on a payment plan to pay off ticket received for the same?

    Last year I received a ticket for driving with no license. I then received another ticket for the same thing. I'm already on a payment probation plan to pay off previous ticket. I haven't received my driver license but I do have my learners. (I'm...

    Whitney’s Answer

    Driving while your license is suspended is still a crime whether or not you're on a payment plan with probation. Until you pay it off and you get a valid license, you cannot drive. As such, I would explain your situation with the Judge and recognize that you need to pay off all of your fines to be able to get a valid driver's license. Ask the Judge to pass your case so that you can do just that. He or She should be alright with allowing you to do that.

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  • I have been subpoenaed to appear as a witness for the state in a case against my husband

    Is about a domestic violence case. This is the 2nd time. The first time I invoked my privilege of marriage. I really don't want to go forward with this, I believe my husband and I can work this out through counseling. What can I do? I don't want m...

    Whitney’s Answer

    • Selected as best answer

    The best thing you can do is to hire an attorney to represent your husband. If there are no independent third party witnesses and you are not willing to be a witness against your husband then it may be difficult for the state to introduce the statement and/or the recording into evidence. Your husband needs an attorney. If you cannot afford one, ask the court to appoint a public defender.

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  • My brother was out on parole for armed robbery hooked up with a friend,started drinking and smoking dope.They stopped at a gas

    station the friend said he needed to use the restroom,but went in and robbed the place my brother being scared took off with him.Once he was arrestted he told the cops he did not knoow his friend was going to rob the place,his friend told the cops...

    Whitney’s Answer

    Did the friend use a weapon in the robbery? Most likely your brother will have his parole revoked and will be charged as a principal in the robbery. It's a case of who you hang with. Since your brother had an opportunity to divest himself from the crime but did not, according to the law, he went along and acquiesced to it. As such, he becomes involved. How much time are they offering him on the plea? In Florida, if it was an armed robbery, he could be facing 10 years with a 3 minimum mandatory meaning he will do every day of 3 years with no credit for gain time or good behavior.

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  • If I violate misdemeanor probation (DUI) in the state of GA. Didn't finish community service in time. And do not show up for...

    If I violate misdemeanor probation (DUI) in the state of GA. , as my probation officer refuses to accept the form of community service that I performed, even though I did so through a 501(C)3 registered non profit. I have a chance to plead my ca...

    Whitney’s Answer

    If a warrant is issued for your arrest in GA then it is placed into a national data base and the police in CO will be able to see it if you get pulled over there. However, GA will most likely refuse to expend the money to come and pick you up in CO over a misdemeanor violation of probation. However, eventually, you will have to deal with the GA violation at some point in your life. It most likely will not go away. I encourage you to go to the hearing and to plead your side of the case and ask for a lawyer if you cannot afford one.

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  • Lowering child support payments for children over 18 years old

    My husband had 3 children. One is 20 and has not been living with custodial parent for at least 2 years. One is about to turn 18 and lives with my husband. DSHS says my husbands child support is one lump sum. How can he get his child support l...

    Whitney’s Answer

    In Florida, your husband would need to file what is referred to as a modification of child support. The standard for modifying a court order in Florida is a substantial change in circumstance. Meaning, if your circumstances have changed substantially since the entry of the final order then you (or your husband in this case) would qualify to have the modification granted. The substantial change in your husband's case is that his children have reached the age of the majority and therefore his child support obligation should cease and he should be given a "credit" for any arrearage that accrued since they reached the age of 18. But you certainly need to contact a lawyer in the state from which the final judgment was ordered. All states have different rules and it's best to check with someone licensed in your state to answer your question. I hope this helps. Good luck.

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  • Can I press chargers against my ex-husband for failure to pay a court order for child support?

    Can I press chargers against my ex-husband for failure to pay a court order for child support?

    Whitney’s Answer

    Well, first of all, I see you're writing from Louisiana. Louisiana is the only state in the Nation that still follows a civil law system vs. a common law system. In Florida, you would need to file a motion for contempt with the family law court and/or contact child support enforcement in your county. However, Louisiana is a different entity altogether so I would suggest finding an attorney who practices family or domestic relations law and arrange a consultation. Best of luck to you! And Geaux Saints!

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  • For 4 years my ex husband used my tax rufund to pay his taxes! Can I get any of my refund back? or Go after him to pay me?

    I was with my ex-husband for about 4 years and the entire time we were together I worked a steady job that gave me a W2 and the end of the year, So I paid my taxes and should have gotten a refund. My ex-husband however was self-employed and had t...

    Whitney’s Answer

    You should hire a family law lawyer and file a motion to get your money back and call the IRS! The IRS will have a department that deals with this very type of situation. So, you have two options for remedy; 1. file a motion in the family law court and have a judge order him to pay you back and 2. call the IRS and report him. The IRS will probably refer you to the fraud department for assistance. Best of luck to you!

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