Get free answers to your Family Law legal questions from lawyers in your area.
I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the... View More 
answered on May 14, 2025
Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to... View More
If I move in with my girlfriend, will her alimony be affected given that she receives it for another 6 years, and we live in Florida? There are no known limits on cohabitation in her divorce decree, and we haven't consulted a legal professional regarding her alimony conditions.
answered on May 12, 2025
This is from Florida statute 61.14 (b)1. The court must reduce or terminate an award of support, maintenance, or alimony upon specific written findings by the court that a supportive relationship has existed between the obligee and a person who is not related to the obligee by consanguinity or... View More
I don’t believe she has restrictions in cohabitation and there is no financial benefit or support other than saving time logistically from driving back and forth to her house. She has not spoken to attorneys about this yet.
answered on May 12, 2025
Your girlfriend needs to carefully read her marital settlement agreement. The section on alimony (spousal support) should be specific about the conditions for modification. It is possible that entering into a "supportive relationship" could trigger a modification. Speak with a local... View More
I am filing for divorce pro se after 25 years of marriage in Florida. I've ensured my spouse receives 50% of all assets, half of my 401K, and the household savings. Despite this substantial asset division, my spouse, who has only worked part-time due to our arrangement, is seeking full-time... View More
answered on May 10, 2025
There is a difference between making an offer of settlement and filing pleadings. If it comes to filing pleadings then you don’t need to mention alimony at all. That burden is on your partner. Speak with a local family lawyer for more specific advice.
I want to sign permission for my 13-year-old son to travel with his father, whom he lives with full-time, and his father's family on a cruise to Bermuda. I have visitation rights with my son, and the cruise company requires both parents' signatures for consent. Will I be held liable if my... View More
answered on May 8, 2025
If your son embarks on the cruise, I hope that he enjoys a safe and enjoyable trip with the family. From the standpoint of maritime law and cruise ship protocols, you or the child's father could be presented with certain waivers of liability to sign, depending on the cruise line. These could... View More
I have been served papers for a change in our parenting plan in Marion County. I have recently moved, but I continue to follow the current plan and spend time with my daughter. The mother has requested changes due to my move and other unspecified reasons. What should be my response to the requested... View More
answered on May 8, 2025
You should respond to the allegations with reasons why you oppose the changes requested. You are allowed to move so long as it does not disrupt the child's schedule or schooling. Your only legal obligation is to notify the other parent when you move of your new address. Speak with a local... View More
I am a married woman living in a condo in Daytona, FL, which my husband bought before our 1.33-year marriage; he is the sole owner on the deed. We have no prenups or postnups, and the condo is homesteaded with no liens. He wants to sell it to me, and I've been contributing to expenses.... View More
answered on May 6, 2025
To properly protect yourself you would also want a postnuptial agreement making it clear that the property moving forward would be your non-marital asset. Otherwise, if the two of you continue to live in the property together as time passes he may acquire an interest in the equity by virtue of the... View More
I have two children with the same woman, and we are not married. My name is on both birth certificates. Our relationship seems to be ending, and I want to ensure I have equal rights to our children if we split up. Currently, we have no formal visitation arrangements, but we live together and share... View More
answered on May 5, 2025
By being named on the birth certificate you are recognized under Florida Law as being a natural guardian of the children with the same parental rights and responsibilities as the mother. However, that just means that each of you as parents have the right to deny the other parent access to the... View More
I'm looking for a family law attorney in West Palm Beach. My case, which I have managed with the help of a paralegal up to now, is at the mediation stage where we couldn't agree on a 50/50 custody arrangement. There are no court dates set, and there aren't any specific concerns... View More
answered on May 2, 2025
Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More
My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More
answered on May 1, 2025
If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More
My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More
answered on May 2, 2025
The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More
My mom and dad, now divorced, had a legal agreement in their divorce decree stating that neither could sell the house, as it was intended for their daughter. My dad lived there, but my mom did not. I am the daughter, and I'd like to know if I'm allowed to live there now that my dad has... View More
answered on May 1, 2025
I recommend that you consult with an experienced attorney who handles family law and probate. Ask them to review the divorce decree to see what your parents agreed to. For example, it may be that your parents continued to own the house 50/50 as tenants in common. If you are your father's heir,... View More
I am the parent of a 17-year-old daughter who will turn 18 in September. She has mental health issues and is currently on probation, which she has violated. She refuses to get a job, rarely attends school, and is verbally abusive, demanding money from her father's death benefit. Recently, the... View More
answered on May 1, 2025
To remove an occupant from a home, whether they have a lease or not, and have been staying there for more than 3-4 weeks, a court order from landlord-tenant court is required. If the occupant is a child under 18, this may serve as a complete defense to eviction. A person cannot simply be told to... View More
I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More
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answered on Apr 28, 2025
Thank you for your question. Based on what you described, you may have strong grounds to seek sole parental responsibility (what Florida calls "custody") because of the father's long absence. However, because there is an existing New York child support order, it’s important to... View More
I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More
answered on Apr 28, 2025
From what you describe you basically have sole custody of your daughter now, so I'm not quite sure what you are hoping to gain by filing an action for the same. While it is true that the father is free to file a Petition to establish his parental rights and obtain time sharing any time he... View More
I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?
answered on Apr 26, 2025
The legal standard for spousal support is financial need and ability to pay. You can definitely ask for spousal support. 28 years is a long term marriage. A support award will be based on how much each party earns, or can earn. Speak with a local family lawyer for more specific advice.
I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?
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answered on Apr 26, 2025
Hi! Yes, based on the details in your comment, it is very possible that you are entitled to support. An analysis of the marriage's financials would need to be conducted so we can advise of the options for support you may be entitled to - depending on the circumstances, you may even qualify for... View More
I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More
answered on Apr 23, 2025
Yes. Fiie a modification together with the California order. Be sure to file before she moves. As long as the children have lived in Florida for the past six months, the court in Florida has jurisdiction to decide what happens. Speak with a local family law attorney for more specific advice.
I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More
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answered on Apr 23, 2025
Hi! Based on just the facts presented, a Petition can definitely be filed in the State of Florida if the minor children have resided here for a period of at least 6 consecutive months - however, the case in California would need to be reviewed to determine the appropriate steps. It is important to... View More
I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More
answered on Apr 23, 2025
Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More
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