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Christopher Sprysenski

Christopher Sprysenski’s Answers

11 total

  • Separating after 15 years what can I expect?

    We have been married for 15 years and have 2 children ages 14 & 11. I am a stay at home mom, housewife and full time student between my 2nd & 3rd yr at a 4 year university. My husband has me convinced that he has not been 100% faithful and has dec...

    Christopher’s Answer

    Florida's alimony laws are about to face some dramatic changes. However, even with these changes, there is no way an attorney can provide you with a specific amount you should expect. Alimony awards are based upon statutory factors which are factually intensive. Under the current law, your length of marriage is considered a moderate term marriage, and as such, there is not a presumption for or against alimony at all. You should contact a qualified family law attorney to review with you the specific facts of your case, and how the current law applies, and the proposed changes to the alimony law.

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  • I agreed to pay my ex wife Permanent Alimony in Florida, and we were only married 3 years, can I get it removed?

    I was married to my wife 3 years and when I got a divorce, she asked for permanent alimony,at the time she told me it will only be for 2 yrs but she lied and I didn't have a lawyer at the time and I was under duress an she was refusing to give me ...

    Christopher’s Answer

    Typically, family law courts will respect the parties' decision to enter into agreements such as the marital settlement agreement that you have stated you entered into, and will rarely disturb these agreements without specific, factual findings of duress or fraud. Both of these concepts are factually intensive. You should schedule a consultation with a qualified, family law attorney to determine whether your particular set of facts may potentially provide a basis for a modification action. Outside of these concepts, the Court will only change an alimony award based upon a showing of a substantial change of circumstances in a paying spouse's ability to provide for the receiving spouse.

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  • IF my husband makes more than I do, if it possible to get him to pay alimony (even if temp) and for my divorce attorney.

    We have been married 9 years. He is an owner operator truck driver and makes double what I make, but he is going to claim alot of business write offs. We rent our house (just moved). I owe money in restitution. He is claiming he loaned me $150...

    Christopher’s Answer

    Both temporary attorney fees and temporary support are determined by a court by looking at two things: a spouse's need for support or fees, and the ability of the other spouse to pay. The amount of support you might be able to receive will be based on your lifestyle at the time of your separation. There are simply not enough facts in your questions to advise you what a court may do, one way or the other. You should schedule an appointment with an experienced family law attorney who can review your lifestyle with you, in relation to the income both you and your husband make.

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  • Can Plaintiff amend the complaint to change its name?

    This case was filed 2 1/2 years ago. Deficiency Judgment Case.

    Christopher’s Answer

    Substitution of parties is governed by Fla. R. Civ. P. 1.260, which lays out the criteria for allowing a party to be substituted in a case. Genenrally, susbtitituiton is allowed if there has been a death of a party, a party has become incompetent, or if there has been a transfer in interest of the subject of the litigation from one party to another. The rule specifically states that for a transfer of interest, a substitution is made by motion.

    You should seek counsel of an attorney who can review the procedural history of the case for you, and determine if the party can truly be substituted by an amendment to the complaint. The Rules suggest that this cannot happen.

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  • Is there anyway I can get sole custody

    I have a 4 year old daughter my ex was paying childsupport from june 2008 until dec 2011 all of a sudden he stop paying he has not seen her since she was 9 months old doesn't call or anything is there any way I can get full custody we are going...

    Christopher’s Answer

    In order to properly answer your question, you should speak with an experienced family law attorney, and "fill in the gaps" that exist in your question. Specifically, do you have an Order from a court that is awarding the support payments he was making? If so, was it entered as a part of dissolution of marriage proceedings, or a proceeding specifically for child support? Was there a parenting plan that was created along with the award of child support, and if so, what does the parenting plan say regarding timesharing with the child? Was the child born outside of marriage?

    Your question requires that all of these questions be answered, and that an attorney review the Order in which the Court awarded child support, if one exists.

    As an aside, there is no longer the concept of "custody" in Florida. Florida now uses a concept known as parental responsibility, and there is a statutory assumption that both parents should have equal input to decision making and access to a child. This is unless the parties agree otherwise, or a Court orders otherwise. Sole parental responsibility (which replaces the concept of "full custody") is an extremely difficult goal to achieve, and there must be compelling evidence before a Court that sole parental responsibility is in the best interests of the child.

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  • Do I need a collections attorney?

    My father was renting out his single family home. We had tenants evicted, for non payment. Went to mediation and settled, on payment. Tenants skipped out, in the middle of the night, according to neighbors, without paying what they said they wo...

    Christopher’s Answer

    In order to enforce your judgment, you can serve upon the former tenants what is referred to as discovery in aide of execution. This allows you to find out what assets they hold which you may be able to garnish or place liens upon under your judgment.

    Most attorneys have services that, if you have former addresses or other information regarding your former tenants, can locate their current location. You need to schedule an appointment with an experienced collections attorney who can review your judgment, advise you regarding how to enforce it, and potentially perform the necessary execution steps for you.

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  • Can I ask for a non modifiable alimony be modified and what would I need to prove a significant change in my ex husband's income

    My ex husband lied throughout our divorce and had the assistance of his attorney, his accountant and several friends to show his income/debt . He was ordered to pay me alimony for 4 years and it will be immeadiately end in the event that I should ...

    Christopher’s Answer

    This is a very document specific question. Specifically, you need an attorney to not only read the Final Judgment, to determine the Court's basis for the entry of the alimony award, but to review the procedural history of the case to determine the options available to you.

    Another consideration is the Court's classification of this type of alimony. Florida law has many classifications of alimony, based on the "purpose" of the award, the length of the marriage, and other equitable factors considered by the Court. The ability to modify an alimony award depends on the type of alimony, as well as how the alimony was awarded in the final judgment.

    Call an attorney experienced in alimony issues to review your documents with you, and provide you with all of your options.

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  • Can I decide to take HOA's arrangement of payment at the hearing for final summary judgement?

    Motion for Summary Judgement had an amount of approximately $5,000. I made payment arrangments for monthly payments that would have had the amount owed paid in one year. I began payment arrangements and I got a Stipulation from HOA attorneys for...

    Christopher’s Answer

    Your question raises some procedural history issues that you need to discuss with an attorney. For example, was a judgment entered against you as a result of a Motion for Summary Judgment, or has a hearing been held at all on the Motion for Summary Judgment? Resolving your issue prior to a judgment being entered against you, and raising the appropriate defenses to a Motion for Summary Judgment, is a critical step in any foreclosure litigation, or else you may face losing your right to raise those defenses.

    You will also need an attorney to review the property's transfer into the trust, and the impacts that would have on your ability to file a bankruptcy.

    Your question is very document specific, and I would recommend scheduling time to speak with an attorney who can review all of the relevant documents, and provide you with your different options based on the current procedural posture of your case.

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  • One mortgage recorded twice

    I am buying the property on foreclosure auction and was told that after I pay in full I will receive certificate of title. I checked public records and found one mortgage that was recorded twice as original mortgage and then it was named as second...

    Christopher’s Answer

    When you receive a certificate of title from a foreclosure sale, you take the property subject to any mortgages held by "senior" lien holders that may be recorded in the public records. The existence of two mortgages, although identical, is something an experienced attorney should review for you, and determine whether you will be taking the property subject to any other encumbrances.

    As an aside, under Florida law, where a certificate of title exists, it is not conclusive proof of ownership, but establishes presumptive ownership, which may be overcome by competent evidence.

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  • Do you think the bank will settle fast?

    My elderly uncle's property went into foreclosure illegally. We had a forensic document examination done on the "original" note that indicates that there were signatures trasferred and are not the original signatures. There are other illegal tra...

    Christopher’s Answer

    Your question includes some general references to "illegal" transactions, which you really should sit down with an attorney to review. In our present economy, and with the recent developments in foreclosure cases in Florida over the past few years, a skilled attorney who practices in the areas of foreclosure should be able to assist you.

    From a practical perspective, settlements don't happen quickly if you want the case to be handled properly. An attorney should perform a good amount of due diligence through discovery to make the bank aware of your position, and utilize that as settlement.

    Also, settlement can include a variety of options, including loss mitigation through loan modification, a deed-in-lieu of foreclosure and other remedies. It is important to work with an attorney who can provide you with information concerning all of your options, and the bet litigation paths to take based on your settlement goals.

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