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Cindy S. Vova
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Cindy Vova’s Answers

35 total

  • Marrying in different state

    Im a non american citizen marrying my american fiance. Can i get married in a different state if he isnt resident of that state? For example if i do marraige ceremony in virginia, does the marraige license have to be of virginia state if my fiance...

    Cindy’s Answer

    I agree with my colleague. You do not have to be an American citizen to marry in this country. As to the state you marry, no you do not have to be a resident but each state has its own rules regarding the issuance of marriage licenses, so check with that state.

    Best of luck.

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  • Divorce

    my wife filed divorce I filed a answer and a counterpetition she did not answer my countrepetition......what happen now.....we live in florida

    Cindy’s Answer

    All of my colleagues provided good advice. If you want to move the case quicker and get it resolved. (since even if you get your wife defaulted on the counter petition she can likely get it set aside) You can contact the judge's assistant and ask how this judge sets a case management conference, and then get such a conference set. Then the judge can give her a fixed time to answer and will likely send you both to mediation.

    Good luck.

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  • I was served a motion in Family court. The motion is set for hearing. Do i need to respond in writing, if so by when?

    The morion seeks me to provide documents to my ex to fulfill the spirit of our marital settlement agreement. Do i need to respond to the motion in writing or can i simply argue the motion during the hearing? If i need to respond, what is the tim...

    Cindy’s Answer

    Although it is true that a motion does not require a written response, you are free to file such a response. However, as one of my colleagues mentioned, if you have not provided documents that you are required to provide per your settlement and final judgment, perhaps you should consider doing so in advance of the hearing.

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  • How do I respond to a service summons on a family law case?

    My divorce was final in November 2015 I was awarded majority timeshare with or children, my retirement ect. my ex wife filed a request of reconsideration in an attempt to reverse the judges decision which was denied. She sent me the summons of ser...

    Cindy’s Answer

    I definitely agree that you need to make sure you file something with the Court within 20 days of the date you were served. If it was a Supplemental Petition for Modification, you should move to dismiss the action, but you would likely benefit from having an attorney at least look over the papers you received.

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  • If a child is 12, do they get to choose if they want to go on visits?

    If a child is 12, and they don't always want to go on their overnight visit with the other parent, are they at that point allowed to choose? The custodial parent promotes the visits but sometimes the chld doesn't want to go and is forced to go, w...

    Cindy’s Answer

    We have not yet gotten to the point in family law where the tail wags the dog. The child cannot decide. If the parent who has the child more is encouraging the timesharing, then perhaps both parents should consider sitting down with the child and finding out why the child does not want to go. Perhaps a session with a licensed family therapist could help. The goal is for the child to have a healthy relationship with both parents... get to the root of the problem.

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  • What can I expect?

    Good day to you all. I have a mediation agreement with my ex that hasn't been signed by the judge. My ex has gotten everything she wanted time wise but now she disagrees with one part of the agreement. I've done everything the paper says but I con...

    Cindy’s Answer

    The case management conference is your opportunity to get before the judge and advise him/her that your ex (well, not really your ex until the judge signs a final judgment of dissolution) is not complying with the terms of the agreement. I suspect your agreement does not address who picks up and drops off, but you should ask the judge to modify the agreement before he signs a final judgment that the boyfriend not do the pick ups/drop offs if he is going to threaten you and make abusive comments. If you feel the threats are credible, and he does it more than once, you can petition for a domestic violence injunction against him in a separate proceeding.

    Use the case management conference to your advantage. Judges do not like to see when people do not stick to the agreements they enter into.

    Good luck.

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  • Can I collect back child support from an accident injury claim?

    My ex is in child support arrears of over $100,000. He has several suspensions and on his license and exp tag-still drives. Has had for a year-a writ of bodily attachment-he moved away and there is no effort made to do anything about it. There ...

    Cindy’s Answer

    If you know the name of the insurance company he is attempting to collect from, you could send them notification of his outstanding arrears in support and caution them not to disburse any monies to him because of your claim. The insurance company is not legally required to do anything, but at least it will put them on notice. Has he actually filed a lawsuit? If he has an attorney (or you know the insurance company) you can go to court and ask the Court to enter an order that any proceeds payable to your ex from the case/insurance company, be paid towards your arrears.

    It is a little tricky to do, but if you do your homework and find out about the pending case/insurance company it is easier. And you should know that sometimes it takes years to settle these claims.

    Good luck.

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  • Can a judge change the mediated settlement agreement? What is the gender neutral society and how does that play into a divorce?

    I have a mediation settlement in place from 4 months ago. My wife was awarded the house (mortgage $575/month). Since the settlement, she paid two months mortgage and is behind & her utilities disconnected due to nonpayment. Unfortunately, one of...

    Cindy’s Answer

    I am sorry to hear about your child's illness. I agree with the answers from the other attorneys regarding the court's ability to change the mediation agreement under certain circumstances before it is ratified by the final judgment. That does not necessarily mean the court will do that if you come equipped with evidence that your child's illness did not create an economic hardship on her- or that she never worked before. Also, since the mortgage was in arrears even before you child became ill, that may show that she entered into a bad bargain, and her inability to pay may not be attributed to your child's illness.
    I disagree with Mr. Miller in his assertion that moms are always the most important parent in a child's life (and I AM a mom). Simply, I've seen one too many cases of horrible moms where dads have risen to the occasion and clearly been the better parent. That aside, if your wife is doing what is best for your child at this point, you might want to see if you can assist her (even if you did not agree to it) so she can be there with your child. Resolutions between two parents are usually better than decisions a judge makes.

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  • If a timesharing agreement states the parents are not to drink in front of children, is the other parent allowed to pick them up

    A condition of timesharing is that the parents do not drink (at all) in front of the children. It was a condition due to abuse problems. If the parent is not following that clause, does the other parent have the right to pick up the child. How wo...

    Cindy’s Answer

    I agree that you can file a Motion to Enforce the Agreement, but if you have proof of the violation and the reason that the provision was included originally was to protect the child, then you may wish to file a Motion to Suspend Timesharing, and, potentially a Supplemental Petition to Modify Timesharing that would require supervised timesharing or some other safeguards to protect your child.

    With that said, if you believe the parent is drinking during timesharing, you can always ask the local police to do a "safety check" during that parent's timesharing.

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  • How do I remove my child's fathers name from birth certificate and/or get financial help?

    My child's dad is an illegal immigrant who is married to a citizen (now separated). My child was during the marriage. He does NOT see my child now & does NOT provide financially. He has declined my request for his signature on passport forms. What...

    Cindy’s Answer

    I too agree with the previous answers. However, unless the father agrees, you cannot have his name removed from the birth certificate, but you can have your surname added.
    Also, you can contact the Department of Revenue, Child Support Division, who will file a child support case for you. However, it will not address the other issues regarding the passport signatures nor the name change.

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