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Theodore James Rechel
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Theodore Rechel’s Answers

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  • Can I collect back child support from an accident injury claim?

    My ex is in child support arrears of over $100,000. He has several suspensions and on his license and exp tag-still drives. Has had for a year-a writ of bodily attachment-he moved away and there is no effort made to do anything about it. There ...

    Theodore’s Answer

    I would suggest that you hire private counsel ASAP. If the arrears have not already been reduced to a judgment, then file a motion to do so, and don't forget the statutory interest! With a judgment, you can obtain a writ of attachment and serve the insurance company. The writ allows you to collect directly from the company. Also, you could file for an injunction against the ex from disposing of the proceeds of the settlement until the court can order him to do so or order the insurance company to pay you directly.

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  • I am a single mother of 3 and am trying to relocate to better our living situation. Was never married to the kid's father.

    I am currently living with my kid's father in his mother's house. I moved in, in October, he said he would put us in a place within a month and it's been 9mnths and he isn't doing a thing for the kids. I am trying to relocate to better our living ...

    Theodore’s Answer

    Florida statute 61.13001 defines "relocation" as a change in the location (more than 50 miles) of a parent's principal place of residence at the time of the entry of the last order establishing or modifying timesharing, or at the time a case is filed to establish timesharing. If there is no order establishing timesharing, and no case filed, the statute does not apply and you are free to move. Likewise, if your intended move is less than 50 miles (as the crow files), then you are free to move without the court's permission.

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  • Being sued by HOA of a condo that went to my ex wife in a divorce in 2008. Was never quit claimed off. She ignored it.

    Pertinent facts: Divorce was final in 2008. I had a Chapter 7 discharged in 2011 (did not know about this debt so it wasn't included in the petition Was NOT on mortgage - just deed Divorce decree is very specific about the property (legal de...

    Theodore’s Answer

    Certainly, check back with your previous bankruptcy attorney (or a new one if you were pro se) as to reopening and adding the HOA and discharge that debt. But also, typically there would be a hold harmless clause in your divorce as to all debt associated with the condo. If there is, then you can file a motion for contempt/enforcement against your ex for her failure to hold you harmless from the HOA debt.

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  • What can I do if someone won't sign an affidavit in a divorce case and the divorce actually has nothing to do with them?

    I have already filed for a divorce from a woman I married nearly 30 years ago. We were only together maybe 3 to 4 months and then we separated. We haven't had contact during that time even though we have a 28 year old son. She has signed and agree...

    Theodore’s Answer

    Set your ex-girlfriend's deposition, serve her with a subpoena for deposition, take her deposition and ask, under oath, questions as to whatever facts the affidavit is needed to establish. Then order a copy of the transcript of the ex-girlfriend's testimony and file with the court in your divorce case. That should get the job done.

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  • Can temporary support last longer than marriage time?

    I got married in Europe and am divorcing in the US. The marriage lasted 3 and a half years. During the marriage, only the last year and a half have we lived in the US. I have been paying temporary support for a year and a half now and the other p...

    Theodore’s Answer

    You can be ordered to pay temporary alimony for as long as the case drags on, regardless of the length of the underlying intact marriage. Hire an attorney ASAP and set the matter for trial. Once a final judgment is entered, temporary alimony will almost certainly cease.

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  • How to answer divorce petition in AZ without waiving jurisdiction?

    We were married in Florida and we only lived in Florida while together. Since we separated, my ex moved around a bit, and is now in AZ where he filed for divorce. I'd like to have the divorce in FL. We have no children, and no assets, but ther...

    Theodore’s Answer

    Agreed with Attorney Rosenfelt. Might be better to get it over with in AZ if all that is involved is $10k in credit card debt. That being said, if AZ law is like FL, the proper motion is one to dismiss for lack of personal jurisdiction over you, since you are not a resident of AZ and have no significant connection thereto. Either way, consult with an AZ attorney.

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  • After I serve my ex papers to determine my paternity for a child that is 2 years old can she leave the state?

    My ex girlfriend has left the state with my child. I had her served with papers for paternity right before she left. The child has always lived with me and my family and I worry she is uncomfortable away from us. I heard she wasn't allowed to leav...

    Theodore’s Answer

    A standing temporary order is aspirational and not binding on a party as there has been no hearing in the individual case and the requirements for ex-parte relief have not been met. Still, violation of the standing temporary order not to remove a child can be persuasive, if not conclusive.

    FS 61.13001 is the Florida Relocation Statute. The pertinent parts are set out below:

    3) PETITION TO RELOCATE.—Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must be in accordance with this section:

    (c) “Other person” means an individual who is not the parent, but with whom the child resides pursuant to court order, or who has the right of access to, time-sharing with, or visitation with the child.

    (d) “Parent” means any person so named by court order or express written agreement who is subject to court enforcement or a person reflected as a parent on a birth certificate and who is entitled to access to or time-sharing with the child.

    So the relocation statute may or may not apply to your case. Are you listed on the birth certificate? Is there a court order granting you right of access to your child? If no to both, with no legal establishment of paternity, the mother is the natural guardian, is most likely free to move, and it is doubtful the relocation statute applies. Nevertheless, it is imperative that you bring the situation to the attention of the court asap, preferable using a competent family law attorney.

    Best wishes, move swiftly to secure your relationship with your child!

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  • Can I still get a belated appeal?

    I had a injunction against my x due to sexual abuse allegations ftom my daughter. Long story short the judge did not allow child hearsay, or any witness for that matter, my child told DCF as well as her therapist about the abuse. The judge eventu...

    Theodore’s Answer

    No, the appellate court's jurisdiction to hear an appeal is gone. You had 30 days, and no extensions can be granted for any cause, just or no. Tis assumes no timely, authorized motion for rehearing was filed and remains undisposed.

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  • Is there any Case Law in FL that considers Capital Gains (Schedule D) as "recurring" Income for an Alimony Modification Case?

    Former Wife has sold stocks as capital gains due to their appreciation in each of the last 3 years as shown on her Federal Income tax forms for 2011, 2012, 2013 (Schedule D). Additionally, her 1099 forms for 2014 and now 2015 that have also been p...

    Theodore’s Answer

    • Selected as best answer

    Check out the below case:

    Catalfumo v. Catalfumo
    704 So.2d 1095
    Fla.App. 4 Dist.,1997.

    "Trial court did not abuse its discretion when it did not consider husband's capital gains in child support calculations, where record did not establish whether gains were recurring or non-recurring. West's F.S.A. § 61.30(2)(a) 14."

    Could not find anything closer on point, but the wording in Catalfumo certainly would help you convince a judge that he or she should consider re-occurring capital gains as income. One must wonder, does the ex have more stock to sell? Good luck!

    "Learning never exhausts the mind". Leonardo da Vinci

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  • Can I file a motion to dismiss 2 weeks after filing an answer to a petition for modification of child support?

    Ex-wife filed a supplemental petition for modification of child support claiming that she no longer receives unemployment benefit 2 months after the divorce was finalized. She already claimed to be allegedly unemployed before the final judgment an...

    Theodore’s Answer

    I would consider filing an amended answer and including a motion to dismiss in the same document. Amendments relate back to the original pleading, and the rule states you can file a motion to dismiss with your responsive pleading. Also consider filing a motion for judgment on pleadings as opposed to a motion for summary judgment. See Fla. Rule Civ. Pro 1.140 and corresponding family law rule.

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