I want to get emancipated, because my home life is unsafe at one house(parents are divorced). Ideally I would live at the other house. Could I if I could prove that I didn't have to?
If you are dependent upon the other parent, you are not "emancipated." That means you can support yourself as an adult. If you feel you are unable to tell the other parent that the abusive parent is being abusive, please go tell your guidance counselor at school that you are in an unsafe or abusive environment at the one house and need help obtaining permission to stay only with the safe parent. They will most likely contact DCF which will help you and the other parent. Otherwise, you need to tell your safe parent to obtain an emergency motion suspending the other parent's time sharing in regular family court or ask your safe parent to contact DCF. If you are experiencing domestic violence, your safe parent can also take you to the domestic violence division of the local court house and help obtain an emergency injunction against domestic violence. This is FREE and the workers in the courthouse will walk you through the whole process. You have three ways to get help quickly. Good luck to you. Please speak to a trusted adult. You are smart to look for help!See question
Florida has a support calculator online, and I understand it. But here's the part that makes my situation challenging. My former spouse is voluntarily underemployed. She's a registered nurse with 20-years of experience, but her tax return shows...
I agree with my colleagues. I would add that current Florida law requires that at least minimum wage be imputed to an unemployed, underemployed party. Based upon evidence of historical earnings, and as my colleague pointed out, the testimony of a vocational expert, appropriate income based upon actual ability and credentials can be imputed as well. It is very common for parties to become un or under-employed as a strategy in divorce litigation. An experienced litigator can help you defend against such tactics. A registered nurse of that type of experience should be making no less than $40K annually and probably much more working full time. Good luck to you.See question
I have a foreclosure from 2009 with my ex spouse, Dyck Oneil filed days before the July law change in 2014 for a civil suit against us for $200K. He was served and did not respond, they were unable to provide service upon me for the last 3 years ...
Since you have a very general question about your options it is difficult to give you specific information that would help your particular case without being able to review all your loan documents, complaint, summons etc. I would recommend retaining an attorney that handles foreclosure defense, debt defense and bankruptcy soon so that you can be advised as to your particular situation. There are many options other than bankruptcy for example loan modification, short sale, deed in lieu of foreclosure, consent final judgment, but without knowing your particular situation no one can tell which ones would work for you.See question
My story began when my father passed away in 2010, I learned he was not my real father by accident. Parents divorced. He left his 1/2 of house sold to his children. My mother and her RE Agent tried to keep the children's inheritance and failed be...
Your question landed in Family Law which is definitely not the appropriate area of law. I believe your story has elements of identity theft, possibly, from a civil standpoint, unauthorized use of name likeness or being. I think you need to make a criminal complaint as one thing that you do, because it is difficult to know if other things have been done as "you" which may cause you problems financially down the line. I have moved your question to identity theft to see if you get some more appropriate answers given the unique situation. Good luck to you.See question
2 JTRS in a property ( mother and son ) the son is going through a divorce, does the ex- wife can claim that property in the separation ?
Not if no marital monies went into the property. However, if marital income went into purchasing or maintaining the property, then there is a marital interest.See question
And I was told to remove our child from Medicaid 7 years ago. His wife has covered our son under her insurance and now he's under her Medicaid. His father told me to add him to my Medicaid but now disputes it. Is he in contempt by failing to provi...
It is very hard to follow what you are saying. If your son is covered through your ex or his current spouse, then he is in compliance. If your son is not covered and your ex is ordered to cover him, then your ex is in contempt assuming that he has the ability to cover your son.See question
Condo association has filed foreclosure due to late Maintenance fees. I have twenty days to respond/answer
No you answer for yourself and then if the other defendants have defenses as well then they should file their defenses; the summons is clear as to the time you (and other defendants) have to respond. The HOA foreclosure is serious because (just like the bank) the HOA can force the sale of your home for failure to pay maintenance fees. If you cannot afford an attorney, you should try to negotiate a payment plan with the HOA if you agree that you are behind in the payments. If you can afford an attorney then may be you should have one review the complaint and other documents that you have to see if they can assist you to negotiate payments and/or defend the foreclosure.See question
I have 50/50 time sharing and found out that my daughter (10) and son (6) were left alone at home. I was never asked to stay with them for that time. Can I do something about it against my ex?
Do you have a "right of first refusal" written into your agreement? That is a common provision. I do agree with counsel that you should reach out to him and tell him that you will always be available to take the children if he has no one to leave them with, but that it is not ok with you that they be left alone at that age. Try to handle it amicably. If he does not respond well, then you should seek relief.See question
I have filed a ch 13 and my ch 13 is not recommended for confirmation due to not having enough disposable income, what happens now? Will it be a different plan or a ch 7.
A Chapter 13 Plan will not be confirmed if it is not feasible, and it is not feasible if one's income is insufficient to fund it. If someone files pro se (without an attorney), then it is possible that they have erroneously submitted schedules setting forth income/expenses that do not reflect their actual circumstances. If that is the case, then maybe their income/expenses can be corrected to show that their plan is, indeed, feasible. If their income/expenses are already stated correctly, then maybe their plan can be amended so that it is feasible. However, if one really does have the income, after expenses, to fund a confirmable plan, then their case will likely be dismissed (if they do not convert to CH 07).
Having said all of that, Chapter 13 bankruptcies can be quite complex, and I could never recommend that one go it alone. If you have not already done so, I would recommend that you consult an attorney right away regarding your options.See question
I have been the sole caretaker of my daughter since she was born while her dad has been in and out of prison. He recently got out and i have filed for child support but nothing to do with visitation or custody. Can i leave the state of florida to ...
Right now, he has no rights based upon your description (e.g. assuming no existing paternity order). However, if he files something within six months of your leaving, he could get an order to force you back. You are better off entering into a paternity/relocation agreement consistent with Florida statutes (if he is agreeable) or actually filing an action for paternity and relocation simultaneously, getting an order, and then moving. Chances are, if you can prove it is in the child's best interests that you be able to move (e.g. it puts you in a better financial position with more family support) you will be able to relocate successfully.See question