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have to fill out a Financial Affidavit or can we get it waived? We live in the state of Florida.
Even in uncontested matters, it is usually a good idea to confer with an attorney to make sure that you fully understand what you are agreeing to. Often times there are "terms of art," also know as "legaleeze," which doesn't mean the same thing that common sense would tell you that it means. Once you enter into a marital settlement agreement and parenting plan, "I didn't understand it" is not a legal basis that the court will recognize to change it later on.
The truth is that the optimum scenario which protects both parties while also being cost effective is for each party to hire a collaborative attorney who advises each of them on settlement , and the attorneys agree they will not waste time, money, resources, and energy on engaging in or threatening litigation (court battles). This is an unbundled service that gives clients the legal advice and protection they need while not paying for tasks, such as preparing for tasks, that they don't need or want.
Anyway, you can find links to the Florida Family Law Financial Affidavits below.See question
we have two kids one is four and I get him three days a week but our three month old she wont let me get him
According to Florida Statutes section 61.13(2)(c)1), "It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing." This essentially means that both parents should be able to parent their children, though, of course, there are many factors that are taken into consideration in establishing a parenting plan, such as the age of the child, any history of domestic violence, and the ability of a parent to encourage a positive relationship between the child and the other parent.
It is important for you to speak with a family law attorney to determine what can be done. It may be that you can get the court to order her to begin allowing you to see the three month old through either a divorce case or an action for establishment of a parenting plan unconnected to dissolution of marriage.
You best option, however, will likely be attempting the collaborative process. In this process, both parties hire attorneys who pledge that they will help the parties reach an agreement without going to court. Court is usually a bad option for families, as a stranger, the judge, is the final decider of very personal issues. When spouses get in front of a judge, they feel judged, and so they not only try to make themselves look good, but they try to make their spouse look bad. This can be poisonous to relationships, especially when there are children involved.
I am including a link to Next Generation Divorce, which is a group of attorneys, mental health professionals, and financial professionals dedicated to helping families resolve disputes privately and respectfully. Next Generation Divorce has professionals covering Pasco, Pinellas, Hillsborough, Sarasota, and Manatee counties.See question
I live in Tampa,Fl. I have recently been placed on Child support for my 10 yr. old daughter in Duval County Jacksonville Fl. My daughters mother moved her to Jacksonville without my conceit. I missed my first court hearing do to transportation iss...
I agree with Ms. Morcraft. Rather than trying to prove that you are unemployed, you are probably much better off showing proof of the income that you made while being a DJ on the side, such as pay stubs (if any) or bank statements. Especially if you are ordered to pay $1,000, it very well might be worth it to speak with an attorney to see how he or she may be able to help you, though be prepared that many attorneys require retainers of several thousand dollars.See question
we have been married for 13 years. We just renewed our lease 3 weeks ago. We picked the pay 2 months if we break the lease. I am on social security and only get 704. Rent is 825. i cant afford to stay here but have NO money in savings so i don't k...
Yes, even if your husband no longer lives in Florida, the only requirement for filing for divorce is that you were a resident of Florida for at least six months prior to the filing of your petition. You should also be able to make all the same requests that are made in other divorces, such as division of property and alimony. You may need to include some "long arm" language in your petition so that he can be served in Michigan, and you should speak with an attorney about this.
In addition, you should consider utilizing the collaborative process in this divorce. This a type of divorce where both you and your husband have attorneys who agree that the courtroom is an inappropriate forum for resolving family disputes, as it only encourages relationships to be poisoned. The attorneys act solely as settlement attorneys, and they are contractually prevented from aggravating your situation by bringing issues in front of a judge. If you are concerned about not being able to afford any attorney, including a collaborative attorney, your husband may be required to pay if he has the ability.See question
I pay child support for 2 kids who reside in GA. The order was initiated in FL in the 90's and the moved to GA shortly after that. I have an order for shared custody, etc and the mother is in contempt for everything in the order and could care les...
There are many issues in this question, and it sounds like you need help beyond that which could be offered in an Avvo answer. The first thing you should do is speak with a family law attorney. It appears that there are several things that may need to be done, possibly including filing a supplemental petition to modify your child support, an additional motion for contempt, and a request for a pick up order.See question
My ex has been dragging out our child support case for a year and a half. When my petition was filed a year and a half ago, he had admitted to paying certain costs that I had asked for him to pay in my petition. We had an unsuccessful mediation s...
It is not unusual for people to file amended petitions or amended answers (after asking for permission from the judge) to change their initial pleadings. However, your former spouse's original answer can certainly be used as evidence against him in court.
As pleadings are a technical area of the law, you should speak with a family law attorney regarding your particular circumstances. You should also find out whether the collaborative family law process might be able to help you, as court tends to be an inappropriate forum for resolving family law issues.See question
My husband and I are separated for the past 2 years and we share a young child. He has been paying me religiously a few thousand dollars consistently to assist me and our daughter. I would like to find out if we can file an agreement with the cour...
Yes, Florida law allows spouses to seek alimony and child support unconnected to a dissolution of marriage, and filing such a case does not prevent either spouse from filing a divorce action later on, if it comes to that.
To come to an agreement, I would highly recommend using the collaborative family law process. As one attorney cannot represent the both of you, each party retains an attorney who pledges that they their sole role will be to help settle your family law issues, and they are contractually prevented from bringing contested issues to court. This means that they are only focused on coming to a resolution for your family, and there are no depositions, opposition research, or nasty court battles that tend to poison relationships. Other professionals may be used to help with mental health or financial issues, as needed.
As not every family law attorney offers the collaborative option, make sure that any lawyer you speak with has at least gone through basic collaborative training.See question
My ex asked and was awarded the right to go back to her maiden name and she continues to use my last name. Is this legal? I no longer want her to use my name we are divorced.
My fellow attorneys offer very good answers to your question. But I have another suggestion.
If you really have a problem with your former wife sharing the same last name as you, there is something you can do about it: Change your last name. Section 68.07 of the Florida Statutes permits Florida residents to change their legal name so long as their civil rights are not suspended and they are not changing their name for any illegal or ulterior purpose. If you want to separate your identity from that of your former wife, this may be the option for you, and you should speak with a family law attorney who practices in legal name changes.See question
My girlfriend is married but lives separately from her spouse, she is pregnant with my child and is due at the end of february. We just became aware of the child of marriage law in florida that would make her husband the legal father of the child ...
The best way to handle this, if everyone is in agreement that you, and not the husband, are the biological father, is for everyone to come to a private agreement on paternity prior to filing with the court. One option to do this is through the collaborative family law process, where each party hires an attorney who pledges not to bring contested issues to or air dirty in front of a judge in a public courtroom. In this process, a facilitator will help the parties also come to an agreement on a parenting plan, time-sharing schedule, and child support.
You can find our more about professionals in the Tampa Bay Area who handle collaborative practice at the website of Next Generation Divorce. For other locations, you can learn more about collaborative practice at the website of the International Academy of Collaborative Professionals.See question
My bd hasn't seen my son since March 2013. He is ordered to pay child support. But my fiancée & I doesnt want a dime and rather he sign over his rights completely so my fiancee can adopt him. Hes been here since day one and is the only father our ...
Based on the information you have provided, you have two options. The first option, expressed by my colleagues, is to get married and file a petition for stepparent adoption. This is certainly the quickest and least expensive option, and this should not take more than 3 months, depending on the judge's schedule.
However, there is another option. If, for some reason, you and you're fiance are not planning on getting married any time soon, you may petition for a "second parent adoption." Though this type of adoption is most closely associated with gay and lesbian folks who are looking to adopt their partner's child, it can also apply to unmarried heterosexual couples. This type of proceeding tends to take longer and is more expensive, as your fiance will need to undergo a home study, and there must be one hearing for termination of parental rights and a separate hearing for the adoption.
Keep in mind that not every county in Florida permits second parent adoptions to be finalized, so make certain that you speak with an adoption attorney if you are considering this type of action.See question