Archived
Is there any Case Law in FL that considers Capital Gains (Schedule D) as "recurring" Income for an Alimony Modification Case?
Theodore's answer
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Answered on April 08, 2015
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...
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Archived
Can I file a motion to dismiss 2 weeks after filing an answer to a petition for modification of child support?
Theodore's answer
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Answered on April 07, 2015
I would consider filing an amended answer and including a motion to dismiss in the same document. Amendments relate back to the original pleading,...
If I live in Florida and my husband still lives in New Jersey, would I have to file for divorce in Florida or New Jersey?
Theodore's answer
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Answered on April 07, 2015
If you have been a continual resident of the state of Florida for more than six months, then Florida has jurisdiction to dissolve your marriage. ...
Archived
Custody of grandchildren
Theodore's answer
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Answered on April 06, 2015
If the grandchildren have lived in Ohio for more than 6 months, then subject matter jurisdiction over custody matters lies there. Consult an Ohio...
Can I just walk out of court ordered mediation?
Theodore's answer
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Answered on April 06, 2015
You have an obligation to mediate in good faith. Once it is clear that an agreement cannot be reached, you are at an impasse. Indicate to the...
Can a parent take a 6 year old to a therapist without other parent's consent? I am working without an attorney.
Theodore's answer
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Answered on April 02, 2015
Not sure what the "report" is, and presumably, you have been awarded shared parental responsibility in a court approved parenting plan or other...
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How do i dissolve a bigamous marriage in Florida?
Theodore's answer
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Answered on April 02, 2015
I agree with the previous answers. It should be fairly simple to file for and get the court to grant an annulment. Get a certified copy of the...
Archived
How to modify child support arrears
Theodore's answer
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Answered on April 01, 2015
I agree that support arrears generally cannot be modified prior to the filing of a petition for modification. It the guidelines were based on...
Is jewelry considered a marital asset under Florida divorce laws?
Theodore's answer
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Answered on April 01, 2015
Engagement ring is non-marital. Jewelry inherited by one spouse during marriage is non-martial. Jewelry purchased with non-marital funds would be...
Archived
Is this illegal
Theodore's answer
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Answered on October 29, 2011
Wait it out and be done with them once your an adult (18). If they actually abuse you, get out and call the police. Find a good counselor to help...