Florida Family Legal Questions

You would need to file a Petition for dissolution of marriage with dependent or minor children and relocation. http://www.flcourts.org/core/fileparse.php/533/urlt/950c.pdf , http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml#950 Also, see link to FL statute that judges use to guide their decision regarding relocation http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You will need to file a Supplemental petition to permit relocation with minor children in the court that issued the joint custody decree, or any other appropriate court depending on the jurisdictional issues. See link to the form petition: http://www.flcourts.org/core/fileparse.php/533/urlt/950d.pdf Below is also a link to the forms website. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml#950 Also, see below FL statute that the judges use to guide their decision regarding relocation. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

If your agreement does not specifically state what means of communication to use, you can notify her in writing via email/text. If the mother cannot afford to sign up the child for a christian school, you can proceed to sign her up for the school that is rated highest as per your agreement. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

There is no such concept as "separation" in Florida. You can of course leave your husband and take the child with you. However, your husband has the same "rights" to the child as you do, in terms of spending time with the child and making educational decisions. Therefore, he might object to you switching the child's school. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

This is a complicated and very factual question that can only be properly analyzed by reviewing the post-nuptial agreement. The post-nuptial agreement would control how the assets and liabilities of the marriage will be divided upon divorce (if there is a divorce at some point). The agreement also can include waiving of alimony. I would strongly advise you not to sign a document like that without consulting your own attorney (not his attorney that will draft this agreement). While this agreement can be overturned during the divorce, it is very hard to do and is very costly. So if you do want to enter into this agreement, you need to make sure an attorney advices you of your rights and you have a full understanding of what you are giving up, and are able to negotiate the terms that are fair to you. Best of Luck, Helena Y. Farber ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You are wise to want a prenuptial agreement.  A properly drawn document can make things very simple in the event of a divorce.  In such a document, you can address issues such as retaining pre-marital property free of claims by the other spouse, how to treat property acquired jointly during the marriage, matters of alimony, among a myriad of other issues that can arise in the event of a divorce.   ... Read Answer

A prenuptial agreement is the best way to go.  You can include provisions that each of you keep your own assets and liabilities as your own separate property during the marriage, how to treat jointly acquired property in the event of divorce, etc.  You can also address such issues as alimony in the event of a divorce.  A properly drawn prenuptial agreement can turn an otherwise contentious divorce proceeding into a stress-free uncontested divorce.      ... Read Answer

First, read your "divorce decree" carefully, sometimes alimony is non-modifiable. Second, you would need to file a Supplemental Petition for Modification of Alimony (see form below). http://www.flcourts.org/core/fileparse.php/533/urlt/905c.pdf. This needs to be filed in the same court that granted you the divorce. Follow the directions carefully regarding service and support documents. Here is the link for FL forms that contain other supporting documents you might need- http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml#900 Also, here is the link to a helpful statute regarding modification- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0000-0099/0061/Sections/0061.14.html. It takes about a supportive relationship, that is important in your case. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

It is not clear whether there is already a timesharing order in place or not. I would assume that there is a timesharing order/parenting plan in place. You would need to seek to modify same, and would need to file a Supplemental Petition to Modify Parenting Plan. see link to a form below. http://www.flcourts.org/core/fileparse.php/533/urlt/905a.pdf This is a link to all the other FL Supreme Court Forms. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml If my assumption was incorrect, you might be able to find the correct form via this link. Also, many courts have resources for self represented litigants where they can tell you which form you might need. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

  The statute lets the court go back 24 months from the date the petition was filed.  It doesn't matter whether you knew about the child or not.   Sorry, you are on the hook.  The good news is usually the courts let you pay the retroactive support over time, and add 20% of the current monthly amount to the arrears. Cindy Vova... Read Answer

   You don't say how old the child is, but if it has never happened before, perhaps it is a "one time" thing.  Corporal punishment is not illegal.  If there were marks left on the child, then that is another story.  Also, it depends on how the child was struck- open hand? on the buttocks? across the face? with a belt? If it was a quick smack on the buttocks with an open hand you probably don't have much to worry about.  Beyond that be sincere with the Court, ad recognize there may be better non-violent ways to discipline a child. Good luck, Cindy Vova  Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496... Read Answer

Generally, both parents are entitled to know where their child is living, and it is possible that a court could hold it against the custodial parent if that parent is depriving the other parent of access to the child.  However, every case is different, and there are exceptions if the child's welfare may be endangered.  ... Read Answer

Generally, a domestic partner will have no rights to the home that is solely in the other partner's name.  However, there are exceptions depending on the circumstances.  It could be possible for the custodial parent to have the exclusive use and possession of the other parent's non-marital home if the other parent has a second home.  In such a circumstance, child support would be lower to account for the custodial parent's use of the non-marital home.... Read Answer

The child's mother can sign a document giving the grandmother limited authority only to enroll the child in school.  This would not entail the mother giving up her rights.  Alternatively, the grandmother can file a proceeding for temporary or concurrent custody, and if the court grants her petition, the order will provided the grandmother with such authority.... Read Answer

Issues of which parent provides transportation for child exchanges are usually addressed in the Parenting Plan adopted by the court, or otherwise by court order.  If this issue has not been addressed, and the parents cannot reach a resolution, it will have to be presented to the court.  Many times, the child exchange will occur at the child's school, or one parent will do the drop-off and the other parent will do the pick-up.  However, if such a resolution is not possible because you have no transportation, perhaps he can do both the pick-ups and the drop-offs, with any transportation costs he incurs being factored into the child support.   ... Read Answer

If the home appreciated in value during the marriage, then you would generally be entitled to a portion of the appreciation.  Also, regardless of whether or not the home appreciated in value during the marriage, you might be entitled to a portion of the mortgage reduction that resulted from the payment of the monthly mortgage with marital funds.  Note that the amount of the mortgage payment is not the same as the amount of the mortgage reduction, because part of the monthly mortgage payment went to interest on the loan.   Also note that the law in various regions of Florida is currently not consistent regarding entitlement to a portion of the mortgage reduction where the house has not also appreciated in value.  This is a tricky area of the law, but in all likelihood, you are entitled to something as it pertains to his pre-marital house. ... Read Answer

    You are both bound by the Court's order.  As my father used to say, "two wrongs don't make a right."  This is a child you are dealing with...not a piece of property and it is time for both parents to treat her as such.  My suggestion is that you have this conversation with him.  However,  if  that still doesn't work, then you can  try to have your local police assist you, but most likely they will refer you back to the family court.  FIle the motion for contempt against the father as well.    I would suspect that the judge may give you a similar  response as to what I said above, but you have to listen to the judge or either of you could face more grave consequences. Cindy Vova The Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com  ... Read Answer

  The answer is a definite "maybe."  You have some complicated facts with a lot of unknowns.  In general, if a parent has an unpaid child support obligation, he/she can be held in contempt, and can get rid of the contempt if he/she has assets of any nature in which to pay the back support or some portion of it. In your case you do not indicate whether you already have a judgment for arrears or not.  Still, you would have to find him in order to give him notice of a court hearing.  If the money is not his, then you cannot collect against his sister.  If he received a house it is even more complicated.    Do a little more homework on locating him.  Check probate records for the county where the decedent lived.  You might turn up something and then perhaps you can get the Child Support Enforcement division where you live to help. Good luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com  ... Read Answer

  THe first question I have: Is there a pending paternity action?  If Mom is claiming you are dad and you have doubts, you can request the court permit a  paternity test  and yes, you'd have to pay for it.  However, it is better that you do this now and pay the cost rather than pay child support for a child that you have questions about. Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com... Read Answer

You are entitled to the "marital" portion of the husband's pension- from the date of marriage to the date of filing for divorce. The Court issues an order (QDRO) directed to the pension administrator, that utilizes a formula to calculate your portion of the formula. When you Husband retires, you will receive a monthly payment that represent your portion of the pension. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer