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Family Law Recent Legal Answers from Lawyers

Family Law Recent Legal Answers from Lawyers
You should go to the court clerk and get a copy of the final order. The mother probably got a default order. The order will tell you the amount of child support ordered. 
You should go to the court clerk and get a copy of the final order. The mother probably got a default order. The order will tell you the amount of... Read More

My ex niece in law is smoking Methamphetamines

Answered 6 days ago by attorney Kevin P. Rauseo   |   1 Answer   |  Legal Topics: Family Law
If this happening around the children then you may file an emergency motion with the court to protect the children.  Depending on the facts you may have an obligation to report the incident to the DCYF and/or the police.  A lawyer with family law experience would be in the position to help you.  Best wishes.... Read More
If this happening around the children then you may file an emergency motion with the court to protect the children.  Depending on the facts you... Read More

ex girlfriend refuses to sign truck title so i can get off loan

Answered 13 days ago by attorney Aaron G. Walsh   |   1 Answer   |  Legal Topics: Family Law
This is not family law, you would file an action with General Sessions “small claims” Court. 
This is not family law, you would file an action with General Sessions “small claims” Court. 
Thank you for your question I am sorry you are having this ongoing difficulty with your ex-husband.  Fortunately, your situation can be remedied. If the court has ordered your husband to pay $600 per month until the loan modification is complete, which loan modification is still incomplete, that money is due and owing. You need to have your attorney file a two-prong motion with the court: A Motion to Enforce to compel the refinancing joined with a Motion for Contempt directed to the unpaid alimony, assuming he still has the present ability to pay it. Set it for an evidentiary hearing. Your lawyer may want to depose your ex in advance of the hearing to see what excuse he will offer the court and prepare to counter it. You should also ask for your attorney’s fees and costs to be reimbursed to you as you are enforcing the court’s existing order.   Good luck!  ... Read More
Thank you for your question I am sorry you are having this ongoing difficulty with your ex-husband.  Fortunately, your situation can be... Read More

how do I legitimize my daughter she is 26 yrs. old

Answered 17 days ago by attorney David B. Mitchell   |   1 Answer   |  Legal Topics: Family Law
Thank you for your question. By ‘legitimize’ I assume you mean ‘how do you establish your paternity of your daughter’. Perhaps this is for immigration purposes to permit your daughter to immigrate to the US or to have a US passport. I am also assuming your daughter was born out of wedlock and that your paternity of your daughter has not been previously established.  You can file a petition to establish paternity for your daughter in Florida where you reside. If the mother and daughter agree, you can file it as an uncontested petition with everyone co-signing the petition itself. Then, once filed you can set the case for an uncontested final hearing. As she is an adult (and assuming she is not mentally disabled or otherwise not emancipated), your daughter  can join the petition. This should not be difficult.  Of course, if she is married her husband should be made aware of your action.    Good luck.... Read More
Thank you for your question. By ‘legitimize’ I assume you mean ‘how do you establish your paternity of your daughter’.... Read More
Thank you for your question.  You didn’t provide any information as to why your nephew wants to emancipate and that may be important. (Ex.: Does he want to marry, joint the military, sign contracts, etc.?)  However, I will help you as much as I can. To begin, moving in with his grandmother has no bearing on his becoming emancipated. There is no ‘plan’ when one is emancipated - an emancipated person is free to live wherever he or she is welcome as would be true for any other legal adult. Once emancipated, he is legally caabe of signing a lease to rent his living quarters. However, be careful in the use of the word ‘dependent’. If you are asking if the grandmother can declare your nephew as a dependent for tax deduction purposes, she will need to consult with her tax professional. The Internal Revenue Code has very stringent rules as to who can declare someone as a ‘dependent’ for tax purposes. Finally, regarding his driver license he is still subject to the Florida driver license law. If he only has a learner’s permit, he will still to have another adult accompany him per the existing law regardless of his emancipation. Once he has his full driver license, he should be OK. I hope this helps, and best wishes to your nephew... Read More
Thank you for your question.  You didn’t provide any information as to why your nephew wants to emancipate and that may be important.... Read More
If there has been a request to modify child support filed with the court and you have been served with the petition, then you are obligated under Rule 12.285 to provide certain financial documents.  I would suggest consulting with an attorney to determine the potential financial obligation as it souds as if your financial situation has changed enough that there is a belief that you can contribute to your son's support. ... Read More
If there has been a request to modify child support filed with the court and you have been served with the petition, then you are obligated under... Read More
No - POA must be used only for the benefit and support of the person who signed the POA - NOT for any other purposes, unless the language of the POA gives you other directives.  
No - POA must be used only for the benefit and support of the person who signed the POA - NOT for any other purposes, unless the language of the POA... Read More
file a contempt motion if they are not paying the support that is owed and following the court orders.
file a contempt motion if they are not paying the support that is owed and following the court orders.
File a motion with the court to ask for restricted or supervised visitation. If you have the police report and if serious enough, consider filing a motion for an ex parte order. I just wrote about ex parte orders at our law firm's web site (blogs).  
File a motion with the court to ask for restricted or supervised visitation. If you have the police report and if serious enough, consider filing a... Read More