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Wade Paul Luther

Wade Luther’s Answers

36 total

  • If there is no divorce and wife moves with common children out of state without husband's consent, is it abduction or not?

    If there is no divorce and wife moves with children out of state without husband's (father of children) consent, is it abduction or not? Will husband be able to get children back from another state? Will wife be arrested for child abduction? Will ...

    Wade’s Answer

    Assuming that you and the children lived in Florida for 6 consecutive months prior to your wife leaving, then it sounds like you need to file for divorce quickly. Once the children are gone for 6 months, Florida may loose jurisdiction. If you file in Florida in time, then the Florida judge has the authority to make your wife bring the children back to Florida.

    Wade P. Luther
    Orlando Divorce Lawyer
    www.FamilyLawofOrlando.com

    See question 
  • If my ex declared bankruptcy, do I still pay legal fees?

    Our MSA stated that I would pay a portion of my ex's legal fees. Before the final divorce decree (but after we signed the MSA), my ex filed for bankruptcy. The debts were discharged after our final decree. Any remaining legal fees were included in...

    Wade’s Answer

    First, you need to get in touch with the trustee to see if the trustee is claiming that the fees that you owe are an asset to be distributed to the creditors in the bankruptcy case.

    Second, you need to consult with a bankruptcy attorney to see if her filing bankruptcy impacts the money that you may owe her.

    Third, unless the MSA is clear that you pay her attorney's directly, do not pay them at this time. Once the above two questions are answered, if you still owe the fees, you may need to file a motion with the court to clarify whether you have to pay the attorneys directly. Generally, in order for the attorneys to collect directly, the MSA and Final Judgment need to specifically name the attorneys and clearly state that the fees are paid directly to them.

    Of course, I have not read the MSA or Final Judgment, so do not rely on the advice given here. Before you do anything, you must consult with an attorney after he/she has the opportunity to fully review the relevant documents and orders.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • Can I be awarded childed support in my divorce? we have agreed to and practice 50/50 shared p. plan. I am unemployed for 2yrs.

    We have been to mediattion 2 weeks ago and agreed on everything but that my wife's lawyer is attempting to impute $42k net income for me. I went bk to school when we were still together and seperated 6months later. She filed for div 6months afte...

    Wade’s Answer

    As I am sure you understand, your situation presents many complicated issues. It is difficult to address them all in a brief response.

    The short answer is yes, you can get child support in your divorce. The amount of child support paid to you or from you is determined through the statutory formula. The judge has the ability to impute income to you, but that does not mean that the judge will impute income. There are many factors for the judge to consider. In addition, the judge will need to decide how much income should be imputed, if any.

    The bottom line is that you may want to consider agreeing to a more reasonable amount of income to be imputed. It is true that you could go to court and the judge may determine that your income is zero for child support purposes. However, if this is done, then certainly your wife will bring you back to court as soon as you obtain employment.

    The question is: how much are you willing to impute to yourself so as to hopefully avoid having to go back to court?

    Good luck.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • How to go about a divorce with spouses in different countries.

    My spouse is a resident of Finland and I live in the United States. We were originally married in Finland, and then several months later had a church ceremony in the United States. We are now looking to file divorce, as he cannot come here due to ...

    Wade’s Answer

    The divorce in Finland will be recognized in the United States. Make sure that you review all of the documents that are filed in Finland. If you sign anything, you may be submitting yourself to the personal jurisdiction of Finland. This means that Finland may have jurisdiction to order you to pay money or assets to your husband.

    If he does not ask for you to pay anything in the divorce papers, then it should be fine. Just make sure you review and understand everything before you sign anything.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • My husband and I agree to the divorce. There is nothing we are splitting how can I do it quickly without a lawyer?

    I had a lawyer who I paid $1,000 to already and got screwed by. My husband and I just want a quick divorce how can I just get papers filed and done quickly without a lawyer? Someone PLEASE help me! I livw in Orlando florida and would just like the...

    Wade’s Answer

    Florida has Supreme Court approved forms that you can use. You may be able to find them online for free. You can purchase the package of forms from the clerk's office at the Orange County Courthouse. I think that the package costs around $45.00.

    There is still a $408.00 filing fee that you must pay to the clerk of the court. The biggest complaint that I hear is that the forms are very hard to understand. In addition, there are other pleadings that must be prepared and filed before you can obtain a divorce. The forms should be available in room 320 of the Orange County Courthouse.

    I only suggest using the forms if there are truly no assets or liabilities to resolve. Also, I assume that you have no children with your husband. If so, you must have a parenting and timesharing plan that is acceptable by the court.

    Good luck with the forms. It will be frustrating, but it can be done.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • My ex-husband says he will not pay me a dime even if he loses the verdict against me for division of my student loans.

    My lawyer says he cannot be forced to pay, is this correct? If so would it make more sense to just take 100% of the debt and not waste the lawyer fees?

    Wade’s Answer

    If you husband has assets that will be distributed to him, the Judge can give you some of those assets to equalize you husband's share of your student loans. If there are no assets to off set his share of the student loans, then you can obtain a judgment against your husband.

    Although collection proceedings in Florida are difficult, they are not impossible. You may be able to levy/garnish his assets later to collect the money. At a minimum, you can record the judgment which will act as a lien against real property and/or prevent him from purchasing property until he pays you. In addition, you earn statutory interest on the judgment.

    Having said all of that, you do need to decide whether or not it is worth spending the additional attorney's fees or not. No attorney can give an opinion on that issue without obtaining a lot more information.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • Will there be other costs like court filing fees during my divorce, or are those included?

    Money is tight, and I want to keep costs as low as I can.

    Wade’s Answer

    In Orlando, there is a $408.00 filing fee and another $10.00 to have the summons issued if needed.

    If it is a contested divorce, there may be other significant fees related to court reporters, documents subpoena and process servers.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • I am divorcing my husband. Both of us hold dual citizenship Canadian and American. We married in the USA. This has been an abusi

    ve relationship for many many years. It has come to my attention that his citizenship may not have been obtained legally, fraudulent marriage. If I can prove this, does this mean Canadian divorce laws may apply since he really should not have his ...

    Wade’s Answer

    If both parties are in Florida and have lived here for more than 6 months, the divorce can be filed in Florida.

    You do need to seek legal advice. The date of filing the Petition for Dissolution of Marriage is the legal determination as to what is a marital asset and marital liability. You need to consult with an Orlando Divorce Attorney to see if filing sooner rather than later would benefit you.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • Am I entitled to a portion of my ex-husband's pension?

    Am I entitled to a portion of my ex-husband's pension? I was married just over 10 years. I never remarried but he did and recently retired. I think the law went into effect after my divorce; or does that matter?

    Wade’s Answer

    Under Florida law, you would be entitled to one-half of the portion that was earned while you were married to him. Typically, there is a special order that is entered along with your Final Judgment of Dissolution of Marriage that orders the pension plan to send your share directly to you once your ex-husband starts receiving his share.

    You need to look at your divorce order and see if it is covered. If not, you may have waived your right to your share of his pension.

    Please do not rely on this post to conclude that you do not have any rights to his pension. You need to review your final judgment and seek specific advice from a divorce attorney. Your share of his pension could be significant so you want to make sure you investigate this issue fully.

    Wade P. Luther, Esquire
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question 
  • In the state of Florida can a wife sue her husband for filing for bankrupcy and forcing the family home into foreclosure? I was

    Never informed of the bankrupcy when it was happening and was told by my husband when he was thinking about it I would not be affected. All debts except the hoise were obtained secretly and with his signature only. The house is the only joint asse...

    Wade’s Answer

    Probably not, but you really need to hear from a bankruptcy attorney. I am a divorce attorney.

    Bankruptcy is mainly federal law, while divorce is state law. Contact a bankruptcy attorney in your area.

    Wade P. Luther
    Orlando Divorce Attorney
    Family Law of Orlando

    www.FamilyLawofOrlando.com

    See question