Family Legal Questions

I would say the law says support cannot be waived. I would also say it happens. In certain counties, there is no chance a judge would approve the waiver, but the parents might, possibly, be able to make a legal agreement that would have the same effect. As you likely know, there are a number of financial inputs that go into the child support calculation.... Read More

Unfortunately, it is not possible to answer your question, without first reviewing your agreement and the Final Order of Divorce. Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum. When construing the terms of an agreement, every word matters and must be read consistent with the entire document. In order to properly protect your interest, it is suggested that you confer with an experienced family lawyer in your area to discuss your matter in greater detail. Please note that most lawyers charge by the hour and your initial consultation may be based on the lawyer's hourly rate. It is important that you discuss this matter in advance of your meeting to avoid any misunderstanding regarding fees. Best of luck~... Read More

These maters are always "complicated," which is why no email response is ever quite adequate, and the questions are never "simple."  In short, per the U.S. Supreme Court, fit parents have the right to determine with whom their children associate -- including grandparents.  That said, there is a satute relating to grandparental visitation, with its own restrictions and rules, which is explained to some extent here.  For a better explanation of the circumstances, risks, and options in your particular case, yoiu should seek a consultation appointment with a qualified family law specialist to go over all of your specific facts.... Read More

  Thank you for your questions. Briefly, the new wife is not responsible for payment of alimony, only the individual ordered to do so by the court in your divorce case (i.e., the ex-husband).  However, if she is paying his bills, such as the rent/mortgage, car payments, etc., the court could impute her contributions to his living expenses as income to the ex-husband for purposes of determining he still has the ability to pay some alimony. Also, you will need to explore why he is not working. If it is voluntary unemployment or under-employment, the court could also impute income to him based on his past earnings. There are a number of sub-issues here, but that is the basic answer. I hope that helps!  If he has stopped paying alimony, you will need to seek legal advise as soon as practical.... Read More

Grandparent custody is a complicated process.  It is definitely possible to accomplish this and have the court award you custody, but you have to proceed very carefully and follow all the rules and requirements of the law.   Court cases are always started by filing a Complaint for Custody with the court in your county.  Each county has different procedures about what happens after the Complaint is filed.  Each County may even have differing requirements about what you have to say in your Complaint.  You should talk to an experienced family court lawyer before you start the process. Even if you don't hire the lawyer, their advice on how to get started is worth whatever consultation fee they charge. Best of luck.  ... Read More

You should be complimented  for wanted to take care of your aging grandmother and caring for her as she cared for you.  There are three documents you should consider with the assistance of an attorney who is either an expert in estate planning or specifically, Elder Law. You can contact the Florida Bar on its  website (www.floridabar.org) to find a good one near you.  The attorney will explain these suggested documents to you and then help you prepare a Power of Attorney (either limited or general), a Medical Directive and a Health Care Surrogate appointment. These will help you and your grandmother should she become unable to express her wishes for care and treatment at home or elsewhere, and to manage her finances.  However, be sure to let the lawyer know that you have seen signs of her forgetfulness. The lawyer may want to be assured by her physician that your grandmother is competent to give you be given the powers and authority these three documents may provide.  Best wishes!... Read More

Lawyers.com offers general information and not legal advice.  Legal advice is based on the facts in your case, as applied to the applicate law.  Your question cannot be answered in this forum without additional information.  As a general rule, a person with a legitimate interest in matters of custody/visitation has a right to petition the court for relief.  However, if both parents object to a third party having contact with their child, it is highly unlikely that a court will award visitation. Although you cannot stop her from filing, the evidence presented in court will determine whether a court will award visitation.  Best of luck~... Read More

  You don't indicate what state actually entered the divorce decree.  If the divorce was entered in the state of Florida, then, unfortunately, you have no legal rights to see your granddaughter.  However, if your son is entitled to timesharing with his daughter, then he certainly can permit you to see the child during his timesharing- unless there is something to the contrary in the Court order.   Other states have different rules, so if the divorce was in another state you should check the specific law in that state, as Florida has enforced out of state judgments allowing for grandparent visitation. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read More

Thank you for your question. Whether an annulment is appropriate would depend on a couple of factors. Were you living together in Peru for any duration after the marriage, or did you live here in the United States for the entirety of the marriage? Did you live together in Florida at all since the time she moved there? If an annulment is not a possibility, there are a number of grounds for divorce which we can also discuss, including but not limited to separation and/or irreconcilable differences. I recommend speaking with a family law attorney to discuss your options moving forward. ... Read More

Dear Ms. Hernandez:      In a word, "no."    I am sure that is why, in part at least, you divorced him.  Both parents should keep the other updated on major matters that concern the child, like school work, extracurricular activites, doctors' appointments, etc.  But whether you are taking him to a movie or  roller skating- it is none of dad's business if it is on your time.  This would only be an issue if you were doing something that was detrimental to the child, and I am assuming that is not the case.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read More

  Under Florida law, even if a spouse cuts another spouse out of a will, the surviving spouse is entitled to a third of the deceased spouse's estate.  It is a bit more complicated than that, but this gives you a general idea.       If you are referring to a power of attorney- as to who would make health and financial decisions if your husband was unable, that is a personal decision for your husband to decide.    A power of attorney could be done jointly as well-where his daughter and you make the decisions.    Also, if the power of attorney is left to his daughter, you could challenge it and ask to be appointed his guardian by the court, but candidly, a guardianship is very expensive and cumbersome to administer, and a power of attorney makes things easier.  Maybe joint decisions are the way to go.      Hope this helps.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read More

Thank you for your question. If you keep a child outside of a court-ordered timeframe/beyond the parenting time schedule which is embodied in the terms of a court order, you are in breach of the order, and depending upon the circumstances, may be subject to remedies in civil or criminal court. The other party could call the police for a return of the child. The fact that one party may have deviated from the plan at some point does not mean that the plan no longer has to be followed. Only changes to a plan, in writing and incorporated in an agreement made part of a court order can supersede the contents of a prior order. If you would like to explore the possibility of negotiating a Consent Order with your child’s mother to change the plan already in place, or to explore how to file an application with the court amending the prior order to expand your parenting time, please schedule a consult a family law attorney.... Read More

Thank you for your question. Custody battles can be very difficult especially when one parent is not following the court order. If you have an order that states that your child cannot be removed from New Jersey and her mother removed her, you need to file an emergent application with the Court. It is unclear from the information you presented why New Jersey courts would not enforce the court order so it is important that you consult with an experienced custody attorney as soon as possible so you do not delay in enforcing your rights and the Court Order. I hope this was helpful to you.  ... Read More

Lawyers.com offers general information and not legal advice.  Therefore, if you want legal advice, you should consult with an experienced family lawyer in your area.  As a general matter, if parties are married, children born of that marriage are presumed to be the child of the parties.  This legal presumption stands until such time as it is rebutted.  If there is doubt regarding the paternity of a child born of the marriage, it is usually resolved by requesting a paternity or DNA test.  It may be in your best interest to first determined that you are not the biological father.  If you are not the father, you need to look at the available options and decide what is in the child's best interest.  What is your goal?  For example, if you want a legal relationship with the child, which gives you the right to make decisions, see the child, and spend time with the child, this can be accomplished through a custody order. If you want to adopt the child, you need to confer with an adoption lawyer to discuss the differences between custody and adoption. Adoption will terminate the legal rights of the birth father, thereby, making him a legal stranger to the child. Best of luck~  ... Read More

Thank you for your questions.  We’re sorry to hear you’re going through such a difficult time!  The short answer is that it sounds like you need a more detailed parenting time schedule.  The standard the court will follow is what is in the best interest of your child.  I would strongly suggest that you consult with an attorney specializing in family law to assist you with this issue.     ... Read More

You or your lawyer will have an opportunity to advocate for you at your trial. Having an attorney is especially crucial in your case. The pleadings filed with the court must state your claims for spousal support n Your attorney could argue that you should receive more than fifty percent of the assets because you are not able to work. This is called disproportionate division and must be requested in the pleadings filed with the court.  If there are liquid assets that may be helpful so that you may live off the proceeds from selling the assets.  Your attorney could also argue that your spousal maintenance should continue indefinitely because of the disability. Of course, you will need to provide evidence that you cannot work.  I recommend that you consult with an attorney to get more information on your specific situation. ... Read More