Due to change in company the hours are change at job so the mother of my son and I are trying to modify child support. Can we request mediation or do we need to file paperwork?
Both of you can agree to go to mediation without first seeking the help of the court. I am sure there are many qualified, Supreme Court Certified Family mediators in your area that could assist with this. Alternatively, one of you could hire an attorney to prepare the modification, and if the other party agrees, then he/she could sign an agreement and the lawyer would file all the necessary paperwork.
A lawyer cannot represent both parties as this is an ethical violation. On the other hand, since a mediator does not provide legal advice, he/she would meet with both of you and help you come to an agreement. Afterwards, however, a Petition for Modification (which can be agreed) must be filed to have a judge ratify your agreement. A mediator cannot prepare it for you , however, the mediator can point you in the right direction.
Kudos to you both for trying to work things out! I wish more parents would do that.
Best of luck.See question
I have been divorced for 5yrs and had a so called a lawyer that really didn't represent me well along with having a judge that is known for going in favor to the men. I had been married to my ex husband for 14yrs and I have always worked during o...
If your ex husband is not complying with any provisions in the Final Judgment or Marital Settlement agreement (as I am not sure whether your case was tried or an agreement was reached) you can use the powers of the court to file a Motion to Compel Compliance and/or a Motion for Contempt to have the court enforce the judgment/agreement. However, after 5 years, whatever was ruled upon by the judge, or agreed upon in a settlement will be what governs. If part of a settlement is unclear, then that is another issues that is best discussed with an attorney before pursuing a remedy that may or may not exist.
Best of luck.See question
we are residents of Florida that has no legal separation. Is there a state that we can do this in with minimal or no residency requirements
Unfortunately, most states have some type of residency requirement. However, I am not conversant with the law regarding this in the other 49 states so it is possible there is some state out there that will allow this.
You could, however, consider a postnuptial agreement. However, that would not be something filed in the courts unless, of course, at a later date there was a divorce filed.
Best of luck,
I've been separated from my husband for 1 year. He both started new relationships since. I am in the process of filing for divorce, but I am pregnant with my bf's child, due next year april. Do I disclose that I am pregnant on the petition? What h...
You must absolutely disclose that you are pregnant! As indicated in another answer, there is a legal presumption in Florida that the person you are married to at the time of pregnancy is the legal father. However, there are ways to make this smooth, provided your husband is on board to do so, in order for him to relinquish any parental rights, and ensure that the biological father has legal standing as the father as well. Again, this is a little more complicated than can be explained in an answer. However, a family law attorney can help you straighten this out.See question
I have been declared a victim of domestic violence, I have severe injury from one of the attacks with permanent disability. I am however ordered to pay, now temporary, alimony. I have a non expiring restraining order against her/my attacker.
The first issue a court looks at in determining alimony is the need of one party to receive alimony and the ability of the other party to pay it. On a temporary basis, the judges are awarded great discretion in awarding the alimony, However, you do need legal counsel to examine why the court awarded the temporary support, and to assist you in trying to ensure that the temporary award does not become permanent. Florida Statute 61.08 outlines the factors the court needs to consider in awarding alimony. The last factor allows the court to consider anything else the court should consider to do equity and justice. I would think that the domestic violence makes a compelling case against an alimony award, but you should have your case reviewed by an experienced family law attorney before this becomes permanent.See question
When I became a naturalized citizen, my full name was (fake example) Derick Estuardo Gonzales Espinoza, and I always use Derick E. Gonzales for everything even social security. Can I legally change my name to Derick E. Espinoza without going throu...
Legally changing your name requires, as my colleague stated, a Petition for Name Change. As long as you are not changing your name to defraud creditors (which, per your narrative, you clearly are not), an attorney can take care of this very easily and relatively inexpensively. You will also need to get electronic fingerprints, but your attorney can tell you where to go to have that done once the case is filed. Once you get the name change make sure you get enough certified copies of the final judgment to send to any governmental agencies, credit card companies, etc. to get your name changed.See question
http://www.flcourts.org/core/fileparse.php/533/urlt/903a.pdf INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(a) ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE (11/15) My husband wants a ...
"Waiver' does mean you are giving up all of your rights. It is suspect that your husband is being so forceful. Perhaps he is hiding assets that you are entitled to receive? Is there something else you might find yourself liable for when it is too late after you sign off? Without at least a consultation with an attorney you may not even know the correct questions to ask. Once you sign it is too late. Be proactive and make sure your signature doesn't give up your rights.See question
I'm currently in Florida. My husband filed for a divorce in May 2016, he lefted and moved into his mother's home with his girlfriend, now the home I currently live in we got it through Fort Lauderdale housing Authority, he is the head of household...
I definitely agree with my colleagues. You need assistance from an attorney. Broward County has fine free legal aid organizations and you can find them at http://legalaid.org/
Do not move out of the home. And try to avoid having the girlfriend move in. And by all means, call Legal Aid tomorrow.
Me and my wife are getting a divorce but we live in two different countys she has filed for divorce in her county but I this its suppose to be filed in my county
Typically, the proper venue for a divorce action is the county where the parties last resided together with an intent to remain married. So if you last lived together where your wife lives now, that is the proper county for venue. However, there are sometimes extenuating circumstances where you can ask for a change of venue based on the legal principle of forum non convenience. The grounds under this principle are fact specific so it is advisable to consult with a family law attorney to see if you have a case for filing a motion to change venue.See question
x is suing me for 15k for fraud and negligent misrepresentation. Back in 98, I married a woman who got deported 4 months into the marriage. I had no contact with her for almost 17 years. I didnt know that I was supposed to go to immigration. Anywa...
I was also a little confused as to what you are asking. However, in this complicated matter you do need legal counsel. Since your marriage was voided, you may not even have, as things stand, legal rights to the children until paternity is established. If she moved within the last 6 months, you likely can initiate the paternity and timesharing case here in Florida. However, until paternity is established you cannot have the court return your children to you. Again, without the whole of the facts, these are just suggestions and that is why you need to sit down with an attorney and get some sound legal advice.