Archived
My x wife just won a large auto accident settlement. Can I go to the judge and seek a lower alimony payment?
Earl's answer
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Answered on January 30, 2012
Whether the alimony may be reduced depends on a number of things. Basically, the issue is her need and your ability to pay. If the amount that...
Archived
How does my ex husband sign over his rights so my husband can adopt them?
Earl's answer
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Answered on January 27, 2012
As long as your children have resided in Florrida longer than 6 months, your adoption case would happen here.
Child support belongs to the child...
When is generally the deadline to request arbitration instead of trial in front of a jury?
Earl's answer
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Answered on January 27, 2012
In Florida, if there is an arbitration clause in the contract, the defendant must demand arbitration before engaging in litigation of the claim, or...
Archived
In a trial, how much of a disadvantage is the plaintiff in for filing a lawsuit?
Earl's answer
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Answered on January 27, 2012
Disadvantages? There really aren’t any, unless the facts are not what you thought/wished they were, the law is contrary to your position, or you...
Archived
Is excessive demeaning texting against the law in Florida? My ex son in law sends approx 200-400 horrible texts to my daughter
Earl's answer
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Answered on January 26, 2012
Your daughter has recourse, but should retain a lawyer to assist her. Florida has a stalking statute, which provides for entry of an injunction,...
Archived
What is the statute of limitation for a creditor to file suit for a defaulted car loan?
Earl's answer
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Answered on January 25, 2012
In Florida, the Statute of Limitations on a written contract is 5 years from the date of breach.
This response does not create an...
When Are Second Requests for Interrogatories and Admissions Permitted in a Civil Action?
Earl's answer
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Answered on January 25, 2012
Best advice: hire a lawyer. You don’t have to wait until one set of discovery is responded to before serving more, you cannot exceed the number...
Archived
I received a Notice of Hearing for a Motion for Summary Final Judgment. The Plaintiff being my Homeowners Associaton.
Earl's answer
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Answered on January 25, 2012
Did you ask your lawyer these questions? This is basic foreclosure stuff.
The HOA foreclosed its lien for non-payment of assessments. You...
Archived
Can I file a motion to quash service after my motion to dismiss was denied?
Earl's answer
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Answered on January 25, 2012
Once you filed a Motion to Dismiss, you waived any claim that service was defective.
This response does not create an attorney-client...
Archived
Non Compete Clause
Earl's answer
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Answered on January 25, 2012
The company can require execution of a new non-compete as a condition of continued employment. You should retain an attorney to review your...