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Daniel A. Bachert

Daniel Bachert’s Answers

1,095 total


  • What is the quickest, cheapest, easiest way to divorce with no assets, no minors and a husband willing to give excess alimony?

    I am seeking to divorce my wife, this has been going on for almost a year. We've tried a mediator, had financial affidavits filed in February and she served me in May but neb r had the paperwork submitted. I lost my job in May that paid 6 figs. No...

    Daniel’s Answer

    Your willing to over extend yourself and agree to pay an alimony amount that would appear to be beyond your means and as such subject yourself to Motions for Contempt and possible incarceration later down the road but you believe you don't have the money to fight this, I honestly believe you need to revisit your analysis of your situation. If anything, be aware that it will cost you much more in time, fees and costs to change anything you agree to now in the future. With that said it sounds like whatever you offer her in mediation she will decline because as you stated "She doesn't want the divorce out of spite" so in all likelihood you will need to go before the court and present argument to obtain the divorce and if she is forcing you to do that you might as well put your best argument forward so that you can extricate yourself from the marriage under the best terms for you and your future.

    You would be best advised to arrange for a one on one consultation with the Family Law attorney of your choice so that the specific facts of your case can be fully analyzed and a professional opinion of what actions you may want to pursue can be provided.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

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  • Motion to vacate judgement in marriage dissolution (Florida)

    An individual I know arrived in court today for the final hearing for his dissolution of marriage. Both parties signed and filed the dissolution paperwork and settled things without the assistance of any legal counsel. A settlement letter was sign...

    Daniel’s Answer

    He need to seek out a one on one consultation with a Family Law attorney immediately and bring with him all documents filed in the case to date so that that attorney of choice can advise him of his options with full knowledge of what has occurred thus far.

    Sincerely,

    Daniel Bachert, Esq.

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  • How can alimony be insured

    In my divorce decree, the judge, established, a permanent monthly alimony from my ex-husband, but, he is failing to fulfill this decree, how can I ensure he does it?, since, I only have his email address, and his sisters address in AZ, cause he ke...

    Daniel’s Answer

    If he is not paying the alimony as ordered you should be filing a Motion for Contempt through which you may be able to receive payment from any retirement savings he may have for the past due alimony payments and garnish his wages for the ongoing payments.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

    See question 
  • 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...

    Daniel’s Answer

    Motions do not require written responses.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

    See question 
  • In Florida, is it legal to relocate with a child, if there is no court order for visitation or custody, or even child support?

    I am relocating to North Carolina. I notified the other parent 60 days in advance. After 5 weeks, he threatens to have me arrested for kidnapping. I do not believe for 1 second he is going to pursue anything, but what can I do to make sure I am fo...

    Daniel’s Answer

    You should review Florida Statute 61.13001 to determine how and if it applies to your situation. Also be aware that Florida would retain jurisdiction over any legal matter regarding the child for a period of six months after you relocate to another jurisdiction with the purpose of permanently residing within that other jurisdiction.

    Sincerely.

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

    See question 
  • My former spouse owes me 3 months worth of alimony , what are my rights ? and what should i do

    my former spouse has deliberately avoided paying me my court ordered alimony for the past 3 moths after numerous texts messages reminding him of it ( as he never answers my calls) he chooses to ignore me and i have not got an explanation as to wh...

    Daniel’s Answer

    As the other attorneys have indicated your proper avenue of action is to file a Motion for Contempt with a request that all future payments be made via income withholding order and through the state disbursement unit, if they are not being made through that entity already. To prepare for the hearing upon that motion you should also be seeking discovery from your former spouse which will prove that he has the ability to make the payments as ordered but he is purposely frustration the process. If you can prove that he can be found in willful contempt and the court can order sanctions against him including but not limited to the payment of your attorney's fees and costs.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

    See question 
  • Filing for divorce must children be included that were not born during the marriage/relationship.

    I got married back in 2001 and we separated in 2004 and have never been together since. We have no property or children together. However I have two kids from my fiancee born in 2005 and 2013, and she has a child from her current fiancee born in 2...

    Daniel’s Answer

    The child that was born to your Wife in 2012 is legally assumed to be your child and as such your are financially responsible for that child. To eliminate this legal assumption you must file a a Petition to Disestablish Paternity or include a request for the same within your Petition for Dissolution of Marriage. The children you have had with your fiance do not need to be mentioned in the divorce with your current wife.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

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  • Payment child support and agreed upon child's expenses (MSA) between date motion to modify and actual hearing for modification

    former husband (fh) is 9 months behind on child support and agreed on expenses (per MSA) for minor child with special needs. fh filed a motion to modify due to increased expenses (new marriage, 3 step kids, etc) despite 25% of increase in his inco...

    Daniel’s Answer

    If your question is, can the FH unilaterally reduce his child support and his share of the agreed upon expenses while his Motion to Modify is pending the answer would be no, he cannot do so and if he has a Motion for Contempt should be filed. In addition, a modification of child support cannot be done by Motion and can only be done through a Petition to Modify if a Motion was filed you should move to dismiss it for being procedurally ineffective.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

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  • What constitutes "exercising timesharing"?

    My ex-husband filed a motion in which he claims he has never missed a single day of timesharing. In reality, he missed about 1/3 of his days. He and his lawyer are arguing that if he provided me with notice in advance of his misses, it still count...

    Daniel’s Answer

    "exercising timesharing" is just that the actual time the child spends in the care of a parent. Not really sure what significance this plays with regard to your Former Husband's motion but the argument you have stated he is making seems very illogical. Advanced notice or not if he missed the scheduled time sharing then he did not exercise time sharing at that time.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

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  • What are my options on getting my daughter?

    Monday the mother of my child came to florida and forcibly took my daughter from at a park and fled to Arkansas. My daughter did not have any clothes with her no nothing. Her parents and boyfriend helped her take my daughter from me. The mother of...

    Daniel’s Answer

    As I am sure you have realized by now, based upon the other attorney's answers, a large part or your case turns on whether or not you and the mother of the child were married at the time the child was conceived or born. Aside from that you should be advised that Florida currently has jurisdiction over the child which means any court action involving the child needs to be brought here in Florida, that may be of advantage to you but you will need to move quickly to avail yourself of that advantage. Seek out a one on one consultation with a Family Law attorney of your choice to best protect you and your daughter at this time.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator and QDRO Specialist

    See question