Florida Family Legal Questions

     Eleven (almost) 12 years since the DNA test and nothing in between?  That is rather unusual.  However, you certainly have a right to contest paternity, or at least get the initial results that you say you never received.  You do not indicate if the original test was as part of a court proceeding or whether you just voluntarily took the test.  There are a number of variables at play here, and yes, errors do happen.       Another variable is where the suit was filed -Florida or Georgia?  In Florida, even if you are found to be the father, one can only go back 24 months for retroactive child support- not 11 years.    I would start by  contacting the attorney who se name appears on the petitio you were served with and requesting a copy of any paternity tests he/she may have.  Perhaps the attorney does not even have such a test.  A mother can file for paternity and the father has a right to have a test taken.  Depending on the results, the father may be liable for the costs, unless he is int the father.   Either way,  after you find out if the attorney does or does not have a positive paternity test, you should get a consultation with an attorney who can give you a better idea of whether you have a good case to contest paternity or not.  Best of 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

   He is married, but he does not have to get divorced in Guatemala.  Presuming there is not property to divide and no children, and he has lived in Florida for more than 6 months before he files a petition for dissolution, he can file for divorce in Florida.     The one catch, however, is he has to serve his wife with the divorce papers.  This is where the assistance of an experienced family law attorney can get you over the potential hurdles that this presents, at least for a consultation.     So don't get married to him until he gets that divorce. Best of 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

        The general rule is that any assets and liabilities acquired while the parties are   still married are considered marital assets/ liabilities that are subject to equitable distribution.      Along the same lines, typically a court uses the date of filing a petition for dissolution of marriage as the date to determine what assets and liabilities  are marital and which are not marital.      Although there may be some exceptions to the rule, this would require a much more comprehensive review of your entire situation which transcends the depth of an answer in this forum.        Your best bet is not to purchase the house and run the risk, unless you would like to split the equity with him down the road.  Of course, if you don't want to do that, then maybe it is time to divorce. 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

  Dear Cary: You indicate "you" need to file the QDRO to receive pension benefits from a former employer.  Typically, in a divorce, when a QDRO is required, an employee is dividing up his or her retirement benefits with a former spouse.  So, if this is your former employer, I am not sure why you need a QDRO. However, to answer the question, do have the legal department review it before it is submitted.  However, it should also be reviewed and approved by your former spouse or his/her attorney to ensure it complies with the settlement agreement  or final judgment.   Thereafter, the QDRO must be submitted to the judge who entered the final judgment of dissolution with a quick explanatory letter (if some time has lapsed since the divorce) along with an envelope to have it returned to you.  Find out from the employer if they require a certified copy, as you will usually have to go to the courthouse to obtain same. Once you get the signed order, you should send it certified mail to the employer.  Make sure you get it to the correct department. Best of luck. Cindy Vova The 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, pets in FL are considered personal property. Evidence of ownership may be things like that actual purchase documents, bills, receipts, licenses, vet documents, etc. Though the cat was apparently a gift from you to your ex, it is rather unlikely that a court would award your ex the cat after abandoning the animal for 12 years.... Read Answer

he has no rights.  It is not against the law for him or his family to try but they should stop when told to stop.  If is rises to harrassment, you can do something about it.  If you are serious enough about it, you could perhaps hire an attonrey to write a "cease and desist" letter.  That would lay the founcation to stop them legally for keeping on.   Mark Miller... Read Answer

Hello,  I'm a Family Law attorney located in Hillsborough County. You can call me at 813-443-9700 or email me at alex@venakideslaw.com. We can file amendments to several of the motions you have filed pro se. The Courts tend to be more flexible and understanding when it comes to correcting the mistakes of an individual who originally attempted to represent themselves before retaining an attorney.    Best Regards,  V. Alexander Venakides... Read Answer

   Generally, the answer is no.  Your new  wife is not obligated to pay child support for a child that is not hers.  However, if you get into arrears in your child support obligations, then your wife's assets may be considered, as it is possible to explore whether you have co-mingled your assets.    Just make sure you keep current. Best wishes, Cindy S. Vova Law Office of Cindy S. Vova 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com  ... Read Answer

Mr. Oppenheimer:    It would be important to know if your divorce from your children's Mother was finalized in Florida? Also, how long have the children lived in Florida? The Florida Court would have jurisdiction over your children if they have resided in Florida for more than six months. If such is the case, based upon the information you have provided, you would need to bring the legal action in the State of Florida, since they would be deemed residents of Florida (if they have resided here for more than six months).    There may be the ability to seek Court relief in Washington, but you would need to consult with an attorney in your home State. Additional information would be helpful, but based upon what has been provided, you would need to allege the children are in immediate physical danger and it is not in their best interests to return to their Mother residing in Florida  (if you are intending to be proactive before the date of their return). There is additional information required and the answer is much more complicated than the general recommendation included herein. I would recommend you telephone an attorney licensed in Florida and provide more detailed information so that you can receive a more detailed recommendation. David Scott Glicken, Esquire The Glicken Law Firm Orlando, Florida... Read Answer

  You use the term "trustee," which contemplates that your father created a trust.  The trust can be within the will itself or a separate instrument.  The first  step is to review the actual instrument that gives your sister some "power," (and believe it or not, that is a legal term in this context) and determine the extent of the power.    Since thankfully your father is still living, depending on the type of instrument that gives your sister power, it is possible that it can be changed prior to your parents' deaths.  If it is an irrevocable trust that may be more difficult.     If she is a trustee over money that you will receive under the trust when your parents pass, it depends on the schedule of disbursing the assets.  A true trustee who abuses her power, or fails to exercise the power in accordance with the trust, can be removed through legal process.  That is why if dad can make changes now it will be easier in the long run.   If you have access to the will/trust, I suggest you review the documents with an attorney who can then give you a more complete answer.    Please let us know if we can assist you further. Kind regards, 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

they can't get it from the medical provider but they can ask you for sure.  If you say no, they will think you are lying about why you didn't show up for work and can fire you, most likely.  so if you went to the ER and missed work, you can get the paperwork and give it to them. ... Read Answer