My ex and I have joint custody of our children(15)(16) They are with me one week and him the other.They have never been happy with the arrangement but did not argue. I agreed to it a year ago during the mediation only because I do want him to be a...
In order to modify a parenting plan with time-sharing schedule you have to show that there has been a substantial, material, and unanticipated change in circumstances since the entry of the original time-sharing arrangement and that the proposed modification is in the best interests of the children. This by far is not an easy task as to prevail in your modification suit, the change may not be temporary, voluntary, or trivial and the proposed modification must be in the children’s best interests as determined by evaluating all the various statutory factors contained in Section 61.13(3) of the Florida Statutes. I suggest that you first review your current final judgment/parenting plan language regarding your ex's obligations - in other words, did he actually agree to move to Naples in writing; a verbal promise to do so would generally not be enough. Also, it appears that the current time-sharing has been in place for just one year - that may also be an issue. You should also check your last order to see if you are required to mediate or informally try to resolve your issues with your ex prior to filing anything with the Court. Ultimately, I suggest that you consult with an attorney so that all the pros and cons of pursuing a modification action can be addressed. All the best.See question
I recently lost my job and ended up having to get a roommate in my two bedroom apartment. I have my two sons every other weekend. The second bedroom had bunk beds but they always slept on the couch anyway. There's nothing wrong with my roommate, c...
In order to modify a parenting plan with time-sharing schedule there must be a showing that there has been a substantial, material, and unanticipated change in circumstances (since the last order on time-sharing) and that the modification is in the best interests of the minor children. This means that in order to prevail in a modification suit, the change may not be temporary, voluntary, or trivial and the proposed modification must be in the children’s best interests as determined by evaluating all the various statutory factors found in Section 61.13(3) of the Florida Statutes (that I suggest you review). This is a high evidentiary burden for a parent to meet. So although she can definitely file for a modification, that alone does not mean that the modification will be granted. Based on your post, I can see several arguments why your ex would not prevail. I suggest that you contact an attorney to discuss the specifics of your case to be ready in case she files. All the best.See question
My friend's fiancé (male), purchased the ring and gave it to her. He subsequently broke off their relationship suddenly announcing he was getting back with his ex wife. He moved out of my friend's house right after making the announcement.
If your friend's fiance broke off the engagement, then your friend gets to keep the engagement ring.See question
Getting a dissolution of marriage. Ex and I are still friends that just grew apart after 8 years, have two kids. I bought her a car, and took all the debt to allow her to get on her feet. In return she is asking much less child support then the co...
Yes, child support can be modified based upon a substantial change in circumstances standard. Specifically, pursuant to Section 61.30(1)(b) of the Florida Statutes, "[t]he guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances." Also, you should keep in mind that the Court may modify child support retroactively to the date of the filing of the action for modification as equity requires. All the best.See question
the wedding is off and she is trying to leave me with nothing.
It depends on who broke off the engagement. Typically if the engagement is terminated by the donee or by mutual consent of the parties, the donor (you) may recover the ring. However, if you are the one who broke off the engagement, then usually the donee is entitled to keep the ring.See question
How much time do I have
If you are referring to time since being served with a summons, then you have 5 days since the service of the summons to Answer the Complaint for Eviction as provided for in the Summons. Five days exclude the date of service, weekends and legal holidays. You may want to consult with an attorney on the specifics of your case. All the best.See question
Will most judges change it to match what the standard is today barring no harmful facts just want more time?
In order to modify time-sharing, you would need to reopen the case by filing a supplemental petition to modify parenting plan/time-sharing and allege that there has been a substantial, unanticipated, permanent change in circumstances since the entry of the last time-sharing order that warrants a modification and how the proposed time-sharing schedule is in the child's best interests. Time-sharing modification is not an easy task. Just wanting more time with the child is typically not enough unless an agreement can be reach with other parent on the proposed modification. I suggest that you consult with a family law attorney to address the specifics of your case so that a determination can be made on whether a modification should be pursued. All the best.See question
My wife is very abusive constantly belittling me doing things to purposely hurt me trying to make me leave the residence. I have no where to go, I can't afford an apartment. This has happened before ending up with her calling the police and tellin...
If the home was acquired during the marriage then it is subject to equitable distribution. When you file your petition for dissolution I suggest that you also seek permanent and temporary exclusive use and possession of the home. However before taking any action it would serve your interests to consult with a divorce attorney to ensure that your interests are protected. All the best.See question
living with my wife and at the end of our lease I want to move out and get a divorce how long do I have to wait
There is no legal separation in Florida. In order to file for divorce in Florida, one of the parties must have resided in Florida for at least 6 months prior to the filing of the petition for dissolution.See question
My brother moved in to help my mom. But he is only making her sick and upset all the time. I just found out that he has let his older son move in also. And I have also heard that his ex-wife. and child are trying to move in also. I own the home ...
If he is not making any payments then you need to pursue an unlawful detainer action under Chapter 82 of the Florida Statutes. All the best.See question