I am being petitioned by my former wife for child support modification. I need most of my income for my own living and medical expenses as I am (recently) handicapped. She has very high living expenses (est $9k/month) due to her choice to remain...
Child support is simply math. It's a formula with certain figures from both parties inserted into the equation:
Your income, her income, your health insurance expense, her health insurance expense, the employment-related daycare paid by you, the employment-related daycare paid by her, the children's health insurance paid by you, the children's health insurance paid by her, the uncovered children's medical expenses paid by you, and the children's uncovered medical expenses paid by her. Lastly, the number of overnights each parent spends with the children on an annual basis is included.
Her rent and other expenses are not part of the equation. If the support from her family is provided to her on a recurring basis, and you can prove it, those funds might be considered income for her by the court. If your millions in property assets don't generate revenue, they're not relevant. If your assets do generate revenue, that counts as income for you. Same for her. Fla. Stat. 61.30(2)(a) provides a non-comprehensive list of what counts as income. Case law in Florida provides that recurring gifts can be counted as income when “continuous and ongoing.” See Meighen v. Meighen, 813 So.2d 173 (Fla. 2d DCA March 20, 2002); Ordini v. Ordini, 701 So. 2d 663 (Fla. 4th DCA 1997); and Cooper v. Kahn, 696 So. 2d 1186 (Fla. 3d DCA 1997). The Rogers v. Rogers case, 824 So. 2d 902 (Fla. 3d DCA 2002) held that, to be considered income, the gifts must not be sporadic, but continuous and ongoing.
Fla. Stat. 61.30(2)(b) provides that "Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part," so if she's not working full-time and earning what a person with her education, training, and experience can earn, the court may also "impute" income to her. And likewise to you, if you can't prove that you're handicapped (such as by a disability rating or disability decision from a state or federal agency). You and your doctor saying that you're handicapped may not be enough.
You should seriously considering consulting with an attorney in your matter.See question
In florida if a marriage license was used within 60 days but never recorded ceremony performed 3 months ago but never recorded is marriage legal. Second if not when does it expire And last would said couple need a divorce if it wasnt recorded.
Fla. Stat. 741.08 requires that the official who conducted the ceremony shall "make a certificate thereof on the license, and shall transmit the same to the ... clerk of the circuit court from which it issued." So, whoever did your marriage ceremony should have filed it.
Fla. Stat. 741.10 provides that, if "the proper certificate cannot be obtained, the marriage may be proved by affidavit ... [of] two competent witnesses who were present and saw the marriage ceremony performed." This affidavit would then be filed in place of the marriage license.See question
I was married in Puerto Rico. I had a daughter with my ex husband. We were divorced and custody was awarded to me in a Puerto Rico court seven years ago. Two years ago I moved with my daughter to Orlando Florida. First summer in Florida my daughte...
This issue has connections to two separate jurisdictions. You should consult with an attorney experienced in Puerto Rican law, since it may vary from Florida law and P.R. apparently currently has jurisdiction over the child. If this were a new case, Florida would probably have jurisdiction, because of the length of time the child has been in Florida. However, P.R. had original jurisdiction and will probably keep jurisdiction because of the continuing connection the case has with P.R. (that is, the former husband/dad lives there). Again, you should consult with an attorney familiar with the law in that jurisdiction. You might consider requesting to be appear in court in P.R. by telephone, if the court will allow it.See question
My husband has a habit of loaning money to people He just loaned 1,000,000.00 to one of his friends And I don't think he has any possibility of getting it back What I need to know is can I prevent him from doing this if I Can stop him doing th...
I agree with Mr. Mullaney. It may come down to a question of competency. If the court finds he was not competent to make the loan, that is, he does not have the mental capability of entering into a binding contract, the court may be able to claw back the loan. Having someone declared incompetent is a fairly significant event. You should consult with an attorney near you who focuses their practice in that area. You should probably also consult with your family physician.See question
Heres the story. I met a girl, had a drink, had sex, had a baby, got married, never got a chance to know her. We were not living together. conceived a baby. the baby tested positive for barbiturate-thc-cocaine-pills. DCF took baby and gave custody...
It would be very difficult to try and predict what a court is going to do with the facts as you have described. I recommend following up on the Motion for Contempt by setting a hearing on it and take it through the court one step at a time. If you have good reason to believe the child is ever at risk with the mother, you may wish to involve law enforcement or CPS. I urge you to hire a family law practitioner, with experience in dependency, to assist you.See question
I have a poorly written Visitation agreement that was written by court mediator. It states "we" mutually must agree on when...etc. My ex will not allow me Visitation with my 2 children. May I have the agreement rewritten by an attorney? What can...
The answer to this question is "it depends." It depends on the law in your jurisdiction. In some jurisdictions some substantial change in circumstances has to take place before the court will consider modifying a parenting plan. Simply being unhappy with the benefit of the bargain you made is not good enough. However, one avenue you might consider is a Motion for Clarification. If you and your ex do not agree on what something in the agreement means, you ask the court to clarify, that is, tell the parties, what the terms in the agreement mean. You should consult with a family law attorney in your area to discuss your situation.See question
My ex-fiance and I became engaged in Jamaica while at port on our cruise. We returned to Texas, where he lives, once the cruise was over. A couple days later, I returned to Florida, where I have always resided. This was in September 2013. Earl...
In Florida, the case law is pretty clear. The granddaddy of the cases is Gill v. Shiveley, 320 So.2d 415 (Fla. 4th DCA 1975). Gill found (in a case of first impression in Florida) that the “decided weight of authority in other jurisdictions allows recovery by the donor if the engagement is terminated by the donee or by mutual consent of the parties. The rationale of those cases is that such presents are not absolute but are made upon the implied condition that a marriage ensue.” The Gill court held that the donee there had broken off the engagement and the donor therefore had a valid cause of action in replevin to recover the ring.
Here, it is my understanding that she (the donee) broke off the engagement and therefore he (the donor) seeks return of the ring.
A recent case in the 2d DCA is Randall v. Randall, 56 So. 3d 817 (Fla. 2d DCA 2011). While distinguishable from Gill in that the parties in Randall actually married, the marriage simply solidified the Wife’s claim that the engagement ring was non-marital property. The Randall court reiterated the fundamental rationale that an “engagement ring is a gift made upon the implied condition that a marriage ensue” and found that “[t]his reasoning comes from actions in replevin brought by rejected husbands-to-be who seek the return of their engagement gifts.”
In contract terms, the engagement ring serves as the 'consideration' (another word for 'payment') as part of a contract. The marriage proposal is an offer, your agreement to marry is the acceptance, and the engagement ring is the consideration. These three things establish a valid and binding contract (Offer + Acceptance + Consideration = Contract). If either side 'breaches' the contract by then failing to marry, the consideration is to be returned to the offerer. You should consult with a family law attorney to discuss your situation further.See question
We have been together for 9 years, since I was 17 years old. Dated for 7 years and engaged for 2. He proposed in Colorado. We are both from Minnesota, and we have lived together for 4 years in Iowa. He designed the ring and had it made specificall...
In contract terms, in general, the engagement ring is usually deemed to be the 'consideration' (another word for 'payment') as part of a contract. The marriage proposal is an offer, your agreement to marry is the acceptance, and the engagement ring is the consideration. These three things establish a valid and binding contract (Offer + Acceptance + Consideration = Contract). If either side 'breaches' the contract by then failing to marry, the consideration is to be returned to the offerer. This may vary from jurisdiction to jurisdiction so you should definitely consult with a family law attorney where you are.See question
I have no income because I recently got fired. I have no attorney. I have never been to court before. The ring is the only thing I have from him. Will I have to pay court fees? And how would I do that?
In general, the engagement ring serves as the 'consideration' (another word for 'payment') as part of a contract. The marriage proposal is an offer, your agreement to marry is the acceptance, and the engagement ring is the consideration. These three things establish a valid and binding contract (Offer + Acceptance + Consideration = Contract). If either side 'breaches' the contract by then failing to marry, the consideration is to be returned to the offerer. This may vary from jurisdiction to jurisdiction so you should definitely consult with a family law attorney where you are.See question
I can only assume she is wanting to try to modify our child support agreement which was made during our divorce when my daughter was 1. We have always worked fairly well together even though she moved my daughter to Virginia when she was 4 and th...
It depends on the language in your final judgment and the laws in your jurisdiction. If she files an action seeking to modify child support, providing those documents may be required. Or, she may be able to get them by using the subpoena power of the court. She may simply be fishing to see if it is worth filing a formal action to modify child support. For example, what if the new numbers don't provide an increase under the child support guidelines in your jurisdiction? Filing an action to modify can be a substantial expense if the return is zero or, even worse for her, if it result in your child support obligation being lowered. You should consult with a family law attorney in your jurisdiction.See question