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Gregory Thomas Buckley
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Gregory Buckley’s Answers

1,852 total


  • What can I do?

    I just went through a custody/child support case in Florida. The mother, all though admitting to the judge she had no custody of the 2 children for over 8 months, outside of "watching them" play at the park for an hour or 2 a week, was awarded 200...

    Gregory’s Answer

    As Ms. Tomshinsky indicated, the fact that you may each have 50% of the time with the child would not necessarily mean t6hta there would be no child support ordered. The respective net incomes of the parties, along with the costs for childcare and the child's health insurance, and who pays those expenses, will also be incorporate into the child support calculations

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  • Relocation With Child

    In my divorce it states I can move up-to 50 miles. I I live in Miami can I move to Broward county since it is with the 50 miles? I am he custodial parent, dad only has child 48 days a years.

    Gregory’s Answer

    If you are moving less than 50 miles, the provisions from the final judgment and of the relocation statute will not apply. It is unlikely that there was specific language that does not allow you to move out of the county.

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  • In Florida if not stated can the parent move more than 50 miles from other parent and keep the same parenting plan

    I want to move 48 miles from former wife, she wants to block this move due to excessive travel time to pick up kids we exchange kids every 24 hours and every other weekend. Am I in violation of Fl law my parenting plan does not ADDRESS D...

    Gregory’s Answer

    Even if the Final Judgment does not specifically mention the distance, the provisions of the Relocation Statute are still going to apply. If you are currently exchanging the children every 24 hours, it may not be a good idea to have them in a car for an hour per day almost every day. In a situation like this, the fact that you can do something does not necessarily mean you should do something, or that it will be in the children's best interests.

    You should speak with a family law attorney in your area to discuss your options.

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  • Child support

    I have a final order support where I pay a certain amount to the mother of my first 2 children...I have another on the way and am considering filing for a motion to adjust (which I already have the packet for) My question is I have another baby on...

    Gregory’s Answer

    Generally, you would only be eligible for a downward modification of the child support obligation for the first 2 children if you are actually paying child support for subsequent children pursuant to a court order.

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  • How can I send a Divorce petition to my husband that is in a detention center in Texas?

    We have been separated for almost 2 years, we have a 3 years old son that lives with me. He's currently in jail pending trial. I do not know how to serve him with divorce papers and I am looking to get full custody of mi son. I really appreciate a...

    Gregory’s Answer

    You would need to have a Summons issued by your local Clerk of Court and then send it to the Sheriff of the county where the jail is located in Texas. You will need to contact them first to find out how much they charge for service of process.

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  • Should I send something in?

    I file for contempt my kids mother was ordered to pay child support she miss 3 months which added up to 1,800 when I served her with the contempt papers she sent 900.00 should I send something to the court saying she paid something or should I jus...

    Gregory’s Answer

    You can address the issue of her payments when a hearing is scheduled.

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  • If a child is 12, do they get to choose if they want to go on visits?

    If a child is 12, and they don't always want to go on their overnight visit with the other parent, are they at that point allowed to choose? The custodial parent promotes the visits but sometimes the chld doesn't want to go and is forced to go, w...

    Gregory’s Answer

    The court is generally not going to allow a child that young to decide whether or not they will follow the parenting plan. The custodial parent must continue to encourage the time-sharing with the other parent, even if the child does not always want to go.

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  • How do I show proof?

    My kids have a baby sitter after school I pay the baby sitter cash 200 a month how can I show the courts and dad proof? There are no receipt because she's a private at home baby sitter for a couple hours during the week.

    Gregory’s Answer

    She can either prepare a receipt for you, or you could start paying her by check.

    However, the more pressing issue might be that the court may not approve the expense because the funds are not being paid to a business.

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  • Did Florida pass the bill that gives fathers 50% of parenting time?

    Will fathers have the assumed right of more parenting if they can prove they are worthy and fit for this situation if it is in the best interest of the children?

    Gregory’s Answer

    While the proposed bill was vetoed by the governor, most of the judges here in the Gainesville area seem to start with the assumption that the parents are going to be able to enjoy roughly the same amount of time with the children, assuming that they are fit parents.

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  • What can I do about child support

    My ex who currently has custody of my 12 year old which I am a single mom of two toddlers and court ordered to pay 490 a month . He files contempt on me for instance he filed last June which from June ,July Aug I was paying 430 a month and in Sept...

    Gregory’s Answer

    Is the child support case in Pinellas or Marion County?

    You should try to speak with an attorney nearer to where the case is. It may be possible that you are currently ordered to pay more than you should, depending on your incomes, etc. If so, you can file for a downward modification based on the change of circumstances and respective incomes.

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