Family Law/Divorce - Florida

Magistrate vs. Final Dissolution Papers

trybaum — Thu, 19 Nov 2009 23:44:26 GMT

Marital Divorce papers include visitation schedule for Father. Recently went before a general magistrate for supervised time sharing hearing and Father did not show up at the hearing. At hearing magistrate said she was going to send a recommendation to the judge to order supervised time sharing for the Father. The magistrate went on to verbally tell me that until I get an order from the judge not to allow visitation - basically Father's visitation is suspended until judge signs the order for supervised time sharing with the Father.

Someone told me that what the magistrate says is not law and that I, the mother, could be in contempt for not allowing Father visitation just because the magistrate said not to allow it. They said the original Final Divorce papers permit visitation following a schedule and that is the order I must follow until I receive a different order from a judge.

My question is this, do I follow what the magistrate said and not allow visitation with Father until I get a new order from the judge or do I disregard what the magistrate said and follow visitation schedule in the Final Dissolution papers?

This is not a domestic violence case.

Thanks

Custody Question

barbrajean — Tue, 17 Nov 2009 12:23:29 GMT

I want to move to Virginia and was wondering. I have a 2 1/2 year old son and his father and I are not married but live together. Can I just up and move and take my son with me or do I have to file for custody first?

Also how do I determine how much child support I will get?

I am not working right now. I am on workers comp. I am waiting TPD benefits but as of now only getting impairment income benefits.

Any help would be great.

Giving up paternal rights

Nia78 — Tue, 17 Nov 2009 12:35:20 GMT

My ex had mentioned a few times about giving up his paternal rights. He is over $10,000 in arrears for child support to date and has not been in our daugther's life since practically birth. He has recently mentioned it again and told me to find out how he can get it done...?!

After talking it over with my husband, he agreed that since he has been in our daughter's life since she was only a few months old and just as same has his own daughter, he'd be delighted to adopt her.

So my question is, does anyone know how to get this done and do I need a lawyer for this?

401k division...

sweetpea200 — Mon, 16 Nov 2009 19:22:27 GMT

In Florida, if you have not been married 10 years, are you still entitled to a percentage of spouse's 401K?

If so, how does that work? The amount in the 401k divided by the number of years you have been married?

Thank you.

Retroactive Child Support Payoff

J_P — Mon, 16 Nov 2009 17:49:36 GMT

I have been assessed&nbs... $20k of retroactive child support in Seattle, WA. where my 22 year old lives as well as his mother (he is emancipated). I live in Florida: the order came through FLSDU.

Is there a legal document in which I can make the mother of my son a lump sum offer (if I can come up with the money) for a percentage of the retroactive child support, effectively eliminating the debt.

I currently make monthly payments via FLSDU (which get sent to Seattle DCS). BOTH DCS offices (FL and WA) are reporting the debt in my credit report. I have tried to have only one DCS report it, to no avail.

I know a lump sum liquidation would be a win/win situation for both parties.

Any thoughts and/or guidance are greatly appreciated.

Thanks in advance!

Relocating with my child

bbd6767 — Mon, 16 Nov 2009 04:40:34 GMT

I have served my ex wife a letter of intent to relocate with child. She has not responded within the 30 days. Is that all I have to do or is there more? Does anyone know the step by step procedure? I am Pro se & could use all the advice I can get. THANKS

Notice of Intent to Relocate

popone — Sun, 02 Mar 2008 17:02:12 GMT

I've been divorced for over a year now. My ex and I settled in mediation and agreed to equal shared custody of our nine year old daughter. We have set days of visitation through out the week and rotate each weekend. I have remained in the marital home, the ex has lived in four different locations in the past year. I pay CS to the ex, and she is responsible for 40% of child care needs. The ex has been unemployed for the last two months, and lost 2 other jobs within the last year.

Last week I received a Notice of Intent to Relocate from the ex. Along with the Notice, she sent a hand written letter stating she will be moving from FL to GA and taking our child. She boldly stated, "I could keep her in the summer and pay for travel expenses". The letter stated I had 30 days to respond.

I'm fine with her leaving, just not with our child.

1. What is my first step, she has not used an attorney?
2. Has anyone had a similar situation?
3. If she leaves, do I need to attempt to have our final agreement amended?

Lowering Child Support Question

brokeNCdad — Sat, 14 Nov 2009 16:03:42 GMT

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My ex-wife and I married in 1995, had our first child a son in 1997, had our 2^nd child, a son in 2001, separated in November 2002 (due to infidelity on her part) and we divorced in May 2003 in FL. During our marriage she never worked and I was the sole breadwinner. I couldn’t afford an attorney on $35K/year and was very SURPRISED when I was ordered to pay $1000/month in child support and to provide medical/dental insurance for my two boys. She re-married in July 2003 in FL and in March 2004 had her 3^rd child, a son, yeah you do the math. I moved to NC in 2006 to take a job making more money and for the lower cost of living. In 2007 my ex-wife moved herself, my two boys, and her son from the 2^nd marriage to SC because she separated from her 2^nd husband. They divorced in April 2008 and he was ordered to pay her $800/month and provide insurance for their son. In July 2008 she met and started dating another man and by November 2008 she was pregnant with her 4^th child, a little girl. She gave birth to their child in 2009 and she and her boyfriend broke up because they didn’t get along. Baby daddy #3 was ordered to pay $300/month and provide insurance for their child. Anyone notice a pattern here?

I was laid of in April 2009 and started on unemployment in May 2009. I couldn’t afford an attorney to help lower child support at the time so I elected to NOT have taxes removed from my weekly check so I could CONTINUE to pay her $250/week or $1000/month per the child support order. So for the last 6 years I have always paid her on time and NEVER tried to have it lowered. Now my fiancé (same girl I have been dating for years) is paying all the bills by herself during this tine just so I can use my unemployment to pay my ex-wife child support. This is taking a toll on my relationship with my fiancé. I know jurisdiction stays in FL because we divorced there but I want to know three things: Will my fiancé’s income come into play if we try to lower the support? Second how do I go about lowering support without an attorney? Finally, will my ex-wife and I have to fly to FL and go before a judge to have the support order changed? Thanks for any help!

Change of residency and change in support (FLto SC)

TangoCharlie — Mon, 02 Nov 2009 19:10:38 GMT

First of all great site! thanks to those that come by and offer answers and solutions for us.

My situtaion is as follows

I have a daughter who is now 9yrs old. Her mother and i were never married, she lived in Florida and my daughter was born there. I live out west and have paid child support from day 1. I actually chose to have the state of FL garnish my wages so there would never be any dispute to whether i was paying or not or sending the correct amount on time. I havent had any contact with my daughter or the mother since the child was 2....this is by my choice and not relevent to this question

The support case was settled and the support value determined from the guidelines in the state of Florida where my daughter and the mother lived.....at the time. The case has a Florida Child Support file number etc etc.

Now, appx 3years ago they have moved to a different state (South carolina). The mother is now married and works and resides in South Carolina and my daughter attends school there. Her husband resides there and works there also. They pay and file South Carolina State Income taxes. As far as i know, all their ties with Florida are gone and by the definition, they are not Florida residents anymore. I really dont see any reason the support order should be based on the Florida guidleines anymore. The South Carolina guidelines for support amounts are considerably lower....lower to the point where i needed to investigate this deeper. Hence Im starting here for now...

I thought it a bit odd that when the mandadtory 3 year review of support came up in Florida that the mother chose not to participate...ie: she was happy with the money she was getting and knew that she may see a lower support amount if the case was moved to SC or her new income was disclosed. By my calcs i stand to reduce my obligation by 400-500 dollars.

So..questions.

1) Am I correct and fair in asking the supported order be change and adjusted referenced to the South Carolina guidelines?

2) In an nutshell what is the process of getting this support order changed to SC family court system?

3) Does Florida "talk" with South Carolina and can they transfer the case file with all the declared income values etc etc used to determine the past support awards?

4) This is the least of my concerns...but....If this is a blatent act of not being truthful on her behalf about her residency and support requirements with the State of Florida ...... i possibly go back and get compensation from her for the difference between the Florida value and the South Carolina support value since she established residency in South Carlonia?

4) Will i need a family attorny in South Carolina also?

5) IF so....can you recomend one

Thanks

"Tango"

Former Husband's Attorney

trybaum — Thu, 12 Nov 2009 22:14:37 GMT

At a Motion for Commitment Hearing on my ex, he did not show but hired an attorney to show. The hearing was rescheduled for December 1, 2009.

Outside the courtroom, my ex's attorney told me to send him copies of emails I already sent to my ex. I am representing myself in this matter and I'm not sure what, if anything, I need to send to his attorney. Do I have to comply with his attorney's requests for documents I emailed to his client or for documents already filed with the court and mailed to his client?

Opposing counsel also said he wants me to send him a "Demand" letter about a week before the next hearing. Do I need to do this?

I have documented evidence to the contrary of what the attorney already said in court but am also not sure if I need to disclose this evidence prior to the next hearing where I intend to use if necessary.

I think my safest bet as a self-represented litigant is to minimize communications outside the courtroom and not to do the other parties legal prep work. Yes?

legal options with little money

lisasprout — Fri, 14 Nov 2008 18:53:34 GMT

My brother is in the middle of what is going to be a really nasty divorce. He recently moved to Florida with his wife & 6 year old daughter to be closer to his wife's family. Now, as we ALL expected, she is leaving him. He knows no one down in Florida & has little funds to hire a lawyer. Despite her attempts to break him down, he does not want to leave the house because it may be considered abandonment?! Now, because she hasn't paid the utility bills in months, the power is being shut off. He is about ready to come back to NY because he has no where else to go but doesn't want to leave his daughter. Legal aid won't help because it doesn't involve physical abuse. What are his options? He needs help/support quickly. Any suggestions!!!!

Appealing Relocation

Pitch42 — Thu, 12 Nov 2009 03:20:20 GMT

Here we go again. Recently I prevailed in a relocation hearing in March. However, my ex is determined to move and go live with her parents. She as now filed an appeal with the 5 DCA. Has anyone had any experience with the 5 DCA regarding an issue like this? If so can you shed some light on it for me? Also it is my understanding that she will be the only one arguing why the Judge erred in her decision. If that is true do I still need to have an attorney present? I trying to research any ruling by the 5 DCA but I'm not having any luck. I would like to get a feel for what I have in store. I would appreciate any advance at this point.

CHILD DELINQUENCY/CUSTODIAL PARENT

hawaiana2 — Tue, 10 Nov 2009 07:38:53 GMT

Hello; I'm the custodial parent of a 14-year old young man. He recently got in trouble and is now charged with criminal mischief. I have to pay restitution for about $2,000 worth of damage (spray painting.) The non-custodial parent seldom contacts our child and we have joint custody. He lives in Georgia and we live in Florida. My question is: Is it true that I can legally have the non-custodial parent pay for half of the restitution amount given the fact that we have joint custody, even though he hasn't seen or talked to our son in over six months and seldom sees him? Thanks.

paying less than child support guidelines...

demarie1 — Thu, 05 Nov 2009 18:21:58 GMT

Can a dad pay less than the child support guidelines worksheet states as long as both agree? Mom will accept around $250 less if dad does not pursue 50/50 custody.

Thanks.

Will

bobbie2 — Fri, 06 Nov 2009 19:12:47 GMT

Can my wife write a will without my knowledge to get more things and money to her children ( second marriage )

We live in Florida

Default Order

joe38socalif — Fri, 06 Nov 2009 16:13:43 GMT

Without going into allot of details. I filed a motion for default in a child support case in the state of Florida.

I had the DOR server by the sheriff’s office with a motion to dismiss, they failed to respond and default was entered for lack of response to the motion to dismiss.

My question:

Once a default is entered by the Clerk, the court lost its jurisdiction to enter or entertain any motions other than a motion to set aside the default. Right?

If I am right what Florida law and or case law support this so I can go at the judge with this?

Is this a good deal for me or am I not thinking clearly?

sulldog — Thu, 05 Nov 2009 21:33:30 GMT

Been married 5 years, I earned $245,000 vs. her $88,000 over that time. She asked for divorce, we have no kids. The only asset is the house which I will keep. Paid $166,000 loan stands at $111,000. Of course in this market it is valued at around $138,000. She is asking $45,000 payout in the divorce. Is this a good deal or should I get a lawyer to go against this. She was in graduate school the entire time we were married.

Child Support

michy10 — Mon, 02 Nov 2009 19:48:02 GMT

My ex-girlfriend and I were together for about 12 years. We ended our relationship about 4 years ago. We have two daughters: 16 and 12 years old. Prior to our breakup, my ex and our daughters lived with me off and on during the 12 year period and I paid for and took care of all household expenses. Since our breakout, I have given my ex $550 /month in child support. Additionally, I give my daughters money monthly to provide for other expenses (clothes, snacks, after school programs, etc.) This averages about $300-$400/month. A few weeks ago my ex decided that she wants to put me on child support and is requesting back child support payments. A friend told me that based on my income I probably have to pay about $1,200/month in child support and that the money I had been giving her and my daughters for the past 4 years might not be counted toward any retroactive payments as they may be considered gifts because not of it was court ordered.

Does anyone know of an attorney that could help me? I have no problem paying child support, but I can’t afford to pay $1,200/month and if I am required to pay retroactively I don’t know what I am going to do. I live in Fort Lauderdale, FL 33311.

how to calculate in-kind payments...

sweetpotato2k — Sun, 01 Nov 2009 12:52:36 GMT

Former husband receives company cell phone, gas card, credit card for meals.

Where do you show in-kind payments on the child support worksheet? Since the employer would not report it as an income item (reimbursed expense), it would not be considered part of the tax calculation.

Would you just add it to the net amount on the worksheet and add an attachment that states X amount of dollars was added to the net amount for in-kind payments from company?

duplicating documents..

demarie1 — Mon, 02 Nov 2009 21:11:10 GMT

Wife and husband have been separated two years. Husband asked me to prepare petition for divorce. (Has not been filed yet). Wife decided to go to Dept. of Revenue and they have filed for child support on her behalf. Wife went to Courthouse to file a Motion to Dismiss because it would only be duplicating what is in the Petition for Dissolution of Marriage which addresses child support.

Am I correct that she cannot file a motion to dismiss because it is now in the hands of Dept. of Revenue and the Judge will probably deny it? And I would assume the husband still needs to respond to the Dept. of Revenue's petition, correct?

Thank you.

Are you familiar with roward County Family Court?

abby59 — Sat, 31 Oct 2009 22:47:52 GMT

I am planning to file a motion to the Court, pro se. Can anyone tell me which office of the Court to go to, to get the proper forms? My u nderstanding is that you cannot download the form. Also to whom does the motion go and is there a fee to file? Many thanks

my fiance and I are over.....we have 2 kids together

johnny6 — Thu, 29 Oct 2009 23:31:17 GMT

Hello. My fiance and I had split up back in April or so. We lived together in NY for about 2 or 3 years and then in Florida for the past 4 years until I moved out in June. She cheated on me with some guy at work (and is still with him) and wanted me out of the house - nice, i know. (yes, there are 3 sides to every story - but aside from regular "issues" there really wasn't anything).

Anyway, back in NY when she became pregnant with our daughter who just turned 6, she had decided that I should quit my job and stay home with her to raise her - which I did. And then we had another child (boy, who is 3 now). So I had been out of work raising the kids since 2003.

I, of course, now have a job (had one since Nov. 08'), but she makes twice as much as I do (me about $25k, her $50k). She had been giving me grief about paying child support and that she wanted $600/ month which was just impossible because i BARELY BARELY get by when I have no overtime at my job.

I get the kids at least Sat night to Sunday (she picks them up around 7pm). And then I pick them up from school on Mon and Tues (and she picks them up from me at 7pm when she gets home from work).

I had a few questions:

1- am I entitled to any recourse (is that the proper word?) since I quit my job and raised the kids for the past 5+ years and had/have barely anything and she makes twice as much. Oh, she also just had the house that we lived in down here paid off due to a sink hole settlement. over $200K. the claim was put in while we were together, but she got them money after i moved out - BUT the house was in her name unfortunately and while we were engaged - we were never married. (i seemingly got screwed pretty good all around)

2- What would be my chances of going for child custody? I realize Mothers get the kids a majority of the time UNLESS they are "unfit" - which I can;t really say that she is. I think they WOULD be better off with me (she has a teenage son who , well, doesnt get along with them too well etc and she has her own stuff going on) BUT I also do not have enough money (I barely have enough just for me).

3. I was suspicious of what was going on and wanted to tape her phone conversations (when we lived together)...So i bought a digital voice recorder and left it going when she would work from home to see where her head was at and what was going on. I had gotten her having sex with the guy in our bed instead. I dont know if that helps anything - or if that's even legal? :(

4. im sure i have a ton of questions that i just can't think of

ANY help would be so greatly appreciated. THANK YOU!!

BAD FAMILY COURT MAGISTRATES & JUDGES

Trash Handler — Thu, 29 Oct 2009 04:44:01 GMT

Can a layperson file an appeal pro se?

Two yrs ago my father filed a motion to modify alimony in Brevard County, Fl. He is currently 82, the ex-wife is 62 , the marriage lasted 20 yrs, 2nd marriage for both, no children, the ex-wife did not work during the marriage. The divorce was granted 8/2004 with permanent periodic alimony of $725.00 a month with mininum wage imputed. Ex-wife immediately started her (premeditated) home cleaning business and had a live in boyfriend. Over time it became obvious that business was good for the ex-wife and my father was at a point where he could not afford to pay the alimony. He developed major medical issues that even with insurance was costing hundreds to thousands of dollars, hence the modification. The fact that she had this stable long term relationship and a thriving business we felt those were sufficent changes in circumstances. For nearly two years we gathered all possible financial business & personal information. At one point our lawyer had the ex appear for deposition. Approximately two weeks prior to the hearing before a General Magistrate, we discovered excessive trips to & from the airport on her E-pass account since 2006. At the hearing she admitted to receiving additional income for this shuttle business over & above her home cleaning business. This additional income was guestimated at $1,100 a month. She further admitted to the Magistrate that she omitted that income on the financial affidavit. She also listed a $15,000 car loan with a monthly expense of $369.00 for a vehicle that was repossessed months prior to hearing, she admitted she stopped paying for the vehicle months before my father stopped paying the alimony. The questioning turned to the live in. When asked if her boyfriend lived with her, she adamantly denied it yet in deposition she said he stayed there 3-4 times a week,he also has a permanant parking pass for your residence. She lives in a semi-quasi governmental mobile home park who rules state 55 & over and you must be a resident of the park to obtain a parking pass. She further admitted he renovated her home which increased the value of her property, he stored the tools of his trade (Tile business) at her residence along with clothing. They share a cell phone account and he is listed as emergency contact for her. Now we're at the end of the hearing and she has perjured herself and admitted to filing a false affidavit but what does the Magistrate do about it? Nothing..One month later we receive the Magistrate's report. Husband's burden of proof has not been met. Hello!!!! Our lawyer immediately files an objection and we go to hearing this past Monday before the Judge who presided over the divorce. We enter his chambers, all seated and the Judge makes it known he does not have the case file, no recent testimony, evidence, or Magistrate report. He is sitting there with only the objection and instructs the attorney's to proceed. After some bantering back & forth and exchanging of papers the Judge rules the Magistrate's findings stand. Our attorney several times brought up the perjury & income omission and explained to the court that the veracity of the ex-wife's testimony is questionable, but it didn't phase the Judge in the least. He did however manage to find my father in contempt of alimony payments. Perjury & submitting false affidavit is acceptable but the inability to pay alimony is not..Seems a double standard to me. This Judge had been an issue since the divorce because with him contempt had only one GENDER.

I have filed a complaint against the Magistrate & this Judge with the JQC. Don't know that it'll get anywhere there either. From what I'm hearing, perjury & filing false information is a givin in Family Court. Guess they figure everyone does it so no big thing. What's truth & justice anyway..I think it died with our forefathers.

So now I need to know if my father can file his own appeal because there is no more money for an attorney.

Now that's my story and I'm sticking to it.

please help with child support issue!

fedup34 — Mon, 26 Oct 2009 15:24:26 GMT

Hello,

I will try to explain this as breifly as possible. My husband has 2 children now 21 and 24. My husbands ex wife took him to court last year claiming he never paid child support when they were minors. My husband missed the court date (never got a chance to show all of his proof he had in fact paid) due to the mediator telling him the wrong date. So since he wasnt there the judge ruled in her favor and ordered he pay her attnys fees as well. My husband asked for a retrial explaining the misshap and was denied.

Does he have any recourse now? Is there ANYTHING he can file to get the judge to hear his side of the case? No, we cannot afford a retainer for an attny. And we do not qualify for legal aid.

Please help!