I just had a hearing on contempt/enforcement of Equitable Distribution. I received a car in my divorce per our MSA. The car loan, however is in my ex-wife's name and under the equitable distribution portion of the MSA, I am to pay the loan. I...
I agree with Mr. Bachert, Equitable Distribution enforcement is not a jail enforcement contempt matter.
A third party debt, which is what a car loan is, is not enforceable by jail. The fact that the Magistrate told you that she could "deem" the payments to be support doesn't really sound as if it was spelled out in the MSA as "support," However, without seeing the MSA one cannot tell just how it is worded.
We are in arrears and being pursued by the DOR. My husband lost his job last year and we started a business. We only made $18,000 our first year in business but they modified CS yesterday saying my husband should be making $32,000. They did this...
Rule 12.491 (f) provides that " Any party affected by the order may move to vacate the order by filing a motion to vacate within 10 days from the date of entry."
The first available remedy that you can use is a "motion to vacate the order" which shall be heard within 10 days after you apply for hearing on the motion.
This is not an appeal, however, it may allow you relief from the report and recommendation of the hearing officer.
If your Husband was fired and did not quit his job, this factor needs to be stressed in the motion to vacate. If he left voluntarily or quit then the imputation of his prior income will be upheld.
He definitely needs a lawyer to represent him in this matter!
Defendant was arrested in december 2012. arrested with heroin and cocaine on them. charged with heroin, cocaine fraud use of a credit card, deal in stolen property, false info to a pawn broker leading up to 30 charges Got a lawyer. Hasnt gone to...
As to your not appearing at arraignments, If you have an attorney, he/she will appear for you by filing a written plea and waiver of your appearance at an arraignment.
As for the PTC, since you are in jail you will not be needed at the PTC but your lawyer will be present.
Lastly, I see no reason as to why your attorney can not apply for a bond modification.
A couple months ago me and my boyfriend had a domestic violence incident that the police were called. Shortly after I got an permanent injunction on him. At the hearing the victims advocate for the State Attorney informed me that she had sworn com...
It is hard to tell just why the state made this decision to Nolle prosequi the case against your boyfriend. A lot of factors can cause the state to make this decision. Most likely there is a problem with the facts or the witnesses.See question
Is their a such thing of a work only driving permit in Florida, their laws seem to be stricter than other states, including the wait time period.
This all depends on what the suspension was for. You should contact the DMV and ask them specifically what will be required in order for you to obtain a hardship DL.
Generally a 1 year period of waiting applies to a 5 year DL suspension. If it was for a DUI, you will need to have all fines, schools and counseling, if recommended, by the DMV completed in order to qualify for a hardship.
December 24th 2011 I was assaulted by the Fort Lauderdale Police departments private detail they had working at a club in the City of Fort Lauderdale. Yesterday I was found not guilty by a jury of my peers of resisting arrest, a trump charge.. Wh...
If you have had no prior convictions under Florida law, you can seek an expunction of your file on this arrest.
As for any subsequent lawsuit against the Police, there is not enough information to determine whether or not they acted outside the law in arresting you for this charge.
Is there any certain way to go about domesticating the paperwork if the non custodial parent lives in alabama and my child and myself have been residents of the state of florida for the past 7 years. I was reading about the child relocation statut...
You can register a Certified Foreign Judgment under F.S. 55.503, which states: ..."A judgment so recorded shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state.
As for the relocation statute, you would be under Alabama's law regarding relocation until you record the Judgment in Florida. However, since you have been in Fl for 7 years I would think any relocation on your part has been waived by your ex.
I have been married for 15 years and gave up my career 14 years ago to raise our three kids. I have a MSW (Social Work) and never made more then 25K when I worked full-time 14 years ago. I am 47 years old and my kids are currently 15, 14 and 10....
Income will most likely be imputed at minimum wage because you have not worked in your field of Social Work for the past 14 years due to your raising the children. F.S. 61.30 (2) (b) sets forth the criteria for imputed income.
As for you having the children 75% of the time, your STBX may be responsible for a majority of the support for the children.
Ex is suing me for a modification of child support through the Florida Department of Revenue. I have been advised by other counsel to file for a "Request to Produce" along with an answer to the petition. I have reason to believe she is lying about...
Mandatory Disclosure, Rule 12.285 will always apply in child support cases, there is no need to request it, as it is mandatory. However, Rule 1.350 is optional and is separate from Mandatory Disclosure. It requires a request with a specific listing of documents that you are seeking.See question
Problem and she. she was giving up on live
I would need to have more information in order to answer this question. As for her depression, and smoking Cannabis I would suggest contacting a Physician/Psychiatrist to ascertain what result smoking Cannabis can have on someone who suffers from depression.See question