Do I have to submit bank statements for a financial affidavit at the time of filing the form? : I am a respondent in a family law case. Will I have to submit bank statements with the affidavit? Also, the petitioner has yet to file one, how can I request that he submit one as well?
Peter’s answer:
Pursuant to Florida Family Law Rule of Procedure 12.285 you only file the Certificate of Compliance with Mandatory Disclosure and the Financial Affidavit. You do not file with the Clerk of Court the documents and records (i.e. paystubs, bank statements, credit card statements, etc.) however they must be served on the opposing party with a copy of the Certificate of Compliance and Financial Affidavit.
The Certificate of Compliance with Mandatory Disclosure and Financial Affidavit must be filed 45 days after service by operation of Rule 12.285. If the documents are not exchanged and the financial affidavit and certificate of compliance filed within that time frame, a party can file a motion to compel with the clerk of court and set it for hearing.
What parenting classes are required by court?: I believe I have to take a parenting class as a requirement for my divorce. Is there a specific class/place that is approved by the courts?
Peter’s answer:
There are specific classes for divorce cases with children. Each county offers different courses. Broward County permits the taking of an online class or in person class. You can call the clerk of court or google "Court approved parenting classes" to find approved parenting courses in your jurisdiction.
After you complete the class you will receive a certificate of completion which will need to be filed with the court.
How can I collect from a recalcitrant deadbeat ex-husband in Broward county?: The Court entered a Separate Memorandum of Factual Findings and Rulings with Dependent or Minor Children on or about February 3, 2014 ordering child support and alimony; however, my ex did not pay and is in the arrears $51,402.52. He has been found in contempt twice but claimed unemployment and could not pay the purge. Because my ex used the litigant in another divorce to hide assets for him during the purge hearing he was able to obfuscate his income. Fortunately, the respondent in that case provided me hard evidence that he has significant income and assets not only sufficient to meet a purge but to pay fees. I am recovering from breast cancer and am now unemployed and cant afford a lawyer to help me. Is there anything I can do or place I can go to help me collect?
Peter’s answer: A good place to start is the Florida's Child Support Enforcement Division. They have offices throughout the State. If and/or when you go bring with you the judgment and any orders on contempt that were entered after the judgment. Child support enforcement will be able to suspend his license, garnish his wages, garnish tax refunds and several other option. However, for the alimony arrears, you will have to retain a private attorney or represent yourself to obtain those arrears.