Family Legal Questions

Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites are equally divided.  That said, since the property in question is owned jointly, but in another state, a Florida court could not  order that it be sold and divided Now you don't say you are planning to divorce.  But, you could  have a postnuptial agreement drafted where a) if the marriage doesn't work you could plan now as to  what would happen to the property and b) if you live "till death do you part" determine what would happen to the property upon the first to die.  For example, if you predeceased your wife you could provide that the Illinois property would be left to your wife, who could then dispose of the property as she chooses. Alternatively, the postnup could dispose of the property in another way when both of you pass that you could agree upon now. The difference with estate planning, is that the individual who creates the plan can change the plan in the future.  With a postnuptial it can only be changed if both parties agree. Before you make any decisions, it would be wise to  speak with an attorney who you could discuss all of the facts to help you make the right decision. Best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward:/Miami Dade: 954-316-3496    Boca Raton:  561-962-2785 www.vovalaw.com... Read Answer

The father has a constitutional right to see his daughter. So if he decides to file an action to get a court order for reasonable visitation or even joint custody, then you will have to defend that action. In that action, you can also file a countersuit to get child support. Normally the judge always gives primary custody to the mother when the child is of tender years, and normally the father would get reasonable visitation privledge. ... Read Answer

Dear Ms. Newton:    If the parties cannot agree on a value of the property, then the best way to resolve the issue is to either: a) Sell the property and then you will both know the highest and best value that can be obtained in the open market and then you can divide the proceeds, or; b) If one of the parties wishes to retain the property, then have a licensed retal estate appraiser do an appraisal of the property to determine value.   If you each wish to get your own appraisals and they differ, typically the parties will agree to the midpoint between both as to value.  Candidly, the appraisals should not differ that much as appraisers are held to certain standards in preparing appraisals.  However, if you go to court, each party would have to have their appraiser testify and a court cannot take a midpoint...the judge will have to determine whose appraisal should be used.  Again, another reason to resolve this amongst yourselves.     Also, as to your name being on the note,  it is suggested that if one party is buying out the other party that the party retaining the property be required to  refinance it to remove the other party's name from the note obligation.  Otherwise,  the party being bought out will still be on the obligation, and not only will it remain as a debt on his/her credit rating, but if the person retaining the property does not pay the note, then the lender can pursue both parties. Hope this helped. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade; 954-558-0074 Boca Raton/Palm Beach: 561-962-2785... Read Answer

Hello there,  By law your ex should be paying YOU child support.  you should file a modification of child custody with the family court. if she does not agree to stop the child support, you can file a modification of child support in family court to stop it. If you want her to pay you child support that is up to you.  However, remember that custody is determined by how many overnights the child spends with either parent ... Read Answer

Dear Anonymous: Florida law requires that both parties either file a financial affidavit with Court, or, if there are no children, Florida Family Law Rule 12.285  provides that: Upon agreement of the parties and filing of a notice of joint verified waiver of filing financial affidavits, the court shall notrequire that financial affidavits be filed. In the notice, both parties must acknowledge:(A)that evidence of their current or past financial circumstances may be necessary for future court proceedings;(B)they each have provided the other with a fully executedand sworn financial affidavit in conformity with FloridaFamily Law Form12.902(b) or 12.902(c), as applicable;(C) that the responsibility to retain copies of all affidavits exchanged rests solely with the parties;(D) that the waiver only applies to the current filing and does not automatically apply to any future filings; and(E)that the waiver may be revoked by either party at anytime. If they did not comply with this rule and file the notice of waiver of affidavits as set forth above, there are certainly grounds to try and set the divorce settlement aside.  It would be best to have the actual papers reviewed by an attorney.  The law is not clear if the waiver may be revoked after there is a final judgment,  or what your mother would be seeking to modify from the final judgment, but know that a divorce may be sent aside for fraud, and there is no limitation on how long after a divorce is finalized that it can be set aside for a fraudulent financial affidavit.  It would be interesting if your father claimed he did give your mother a financial affidavit, but I guess he'd have to produce it too.  Seems there are several grounds to attack the judgment worth exploring. Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade : 954-316-3496 Palm Beach/Boca Raton:  561-962-2785  ... Read Answer

 Laws/statutes usually give a party trying to sue another party a certain number of days to have the second party service with the legal papers (in this case the modification of child support).   If the petitioning party finds another address to serve him, the clerk will issue a second summoms for the different address. If she does not have another address to have the second "alias summons" (really meaning a new summons with another address), issued then the Court will dismiss the case, and she will have to refile a new modification petition when she finds a better address for your son to have him served. Hope this helps. Cindy S. Vova, Law Offices  of Cindy S. Vova, P.A. Ft Lauderdale, FL Broward 954-316-3496 Palm Beach: 561-962-2785... Read Answer

Arelis: The putative father is violating the restraining order by texting you.  Do not respond to his texts anymore, and in fact, you should file a Motion to hold him in contempt for violation of the restrianing order, and attach copies of the texts he has sent. As to the paternity test, it seems you  have enought to deal with at this time without worrying about the test.  However, if  you get before the Court on the violation of injunction you can ask the Court to have him take a paternity test.  I am not aware of a lab that will come to your home and do the mouth swab for the children's DNA, but you could call around to find out. You might be able to do it this way but the two tests (dad and children) will have to be from the same lab. But again, he should not be contacting you, and you should not be responding.   Best of luck with the babies and your case, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach:561-962-2785... Read Answer

Dear Ms. Hollin: The father would have to seek a modification of the original Court order that ratifed the agreement for the current time sharing schedule.  In order for the father to do so he will have to allege a substantial  and material change in circumstances, and that the change to timesharing is in the best interest of the child. See; Section 61.13(3) Fla. Stat. It is a relatively difficult burden to meet.  However, regardless of the differences you have with your child's father, if you think that the child spending a little more time with the father may actuallay be good for the child, you can always enter into an agreement to let him have more time.  Family law, and particularly any issue involving children, is a unique  area of law in that a person making a request may not always be legally entitled to what he or she is requesting, but  the parents may realize that, notwithstanding the law, a particular change may well be best for the child.  In such instances, the Court will ratify the change as long as the parents agree. Obviously, I know nothing about the particulars of your situation, so I just wanted you to know the options that are available.  I am sure you will ultimately do what will be best for your child. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read Answer

From what you describe it sounds as though you and your spouse separated when you each walked away and started living separately.  Assuming your injury occurred after the physical separation, your ex would not be entitled to part of your bodily injury claim unless community property was used to pay your expenses related to the injury.  Since you separated so long ago, that seems unlikely.   You may want to consult with a family law attorney.  And you may want to take steps to formalize the divorce at some point so you don't have these lingering questions.... Read Answer

Legal custody is unrelated to physical custody or visitation.  Rather, it is the right of both parents to make crucial decisions regarding the child’s life such as religion and major medical care.  The PFA governs your rights and, if it does not provide an exception for various child performances, etc., attending could be determined a violation of the PFA.  If the PFA allows for contact regarding child custody matters, I advise contacting the custodial parent and making sure he is okay with it so he doesn’t have reason to pursue a violation.  Keep a record such as texts of your exchanges.    I trust this answers your questions, but you are welcome to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

Dear Anonymous:   Yes, your friend can file an action with the Court  under Florida Statute 61.09, "alimony and child support unconnected with dissolution."  This section of the law permist a married person, who is no longer living with the other spouse to seek child support as well as alimony when the other spouse has the ability to pay support and does not do so.   She will have to file an action with the Court.   To start, she can look at this form https://www.flcourts.gov/content/download/685832/file_pdf/904b.pdf, which provides some direction as to how she can proceed to to this.   Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova. P.A. Miami-Dade-Broward: 954-316-3496 Boca Raton-Palm Beach:  561-962-2785         ... Read Answer

He has no right to touch you. While you should not be sneaking out, bad things can happen to teens out past curfews, nothing excuses what he did. You can report the incident to Child Protective Services. Now here is the problem with that. When you do that, it will really put your mom in a bind because now her boyfriend won't be able to come around anymore. Whatever your differences with your mom, this will strain your relationship with her; if you report the incident, do you have other family who will take you in? You do not want to be out on the street homeless, that life will destroy your life before you even begin living. You need to start with an adult conversation with your mom- I love you and was wrong to sneak out but he had no right to touch me. He hurt me and that is not right. You are my mother, you have to protect me. I will not allow him to touch me again. This is VERY real stuff and your personal safety is at stake. You can and probably should report the attack but you better have a plan before you file the police report. Best of luck to you and stay in school.... Read Answer

It is fundamental law in PA that a parent cannot bargain a child’s rights away.  Accordingly, a parent can never permanently waive child support.  There are 2 ways to approach the property settlement agreement.  Your ex-wife may argue that the provision waiving support is unenforceable as against public policy.  The agreement likely contains a clause noting that, if any one provision is held unenforceable, the balance of the agreement will nonetheless be enforced. You or your attorney may argue that she breached the agreement, even if unenforceable, so that she is liable for damages.  But there is no question she may pursue support. I trust this answers your questions but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

You should reach out to counsel here in Florida to discuss all issues you raised in a "free" phone consultation. Consultations are totally protected by the attorney client privledge. Any case filed against your son's "cousin's" parents for lack of supervision that allowed your son to be sexually molested may result in a "significant" homeowners insurance settlement. Any case pursued would be on a contingency fee basis which means you pay nothing unless the case is settled. ... Read Answer

Where did the sexual contact occur between your son and the mother of his child. If it occurred in his "cousins" home, then you as guardian of your minor child, could bring a case against the parents of your minor son's "cousin." This would be a claim for negligent supervision and their homeowners insurance policy may provide a source of recovery. I have handled cases similar to this and have had successful results. ... Read Answer

I strongly suggest you contact legal aid. If there are other family members who you can stay with and be safe, it is recommended. I do not doubt your need to get out of where you are but your personal safety is what matters most. From a practical standpoint, getting full time work while under 16 is difficult. Lastly, no matter what, make sure you graduate High School, without it, you will be very limited in your abililty to get the jobs you want. Best of luck to you and be safe!... Read Answer