Florida Family Legal Questions

  You say you have a "parenting Plan" and you are the petitioner.  I am assuming that you have filed another petition for some reason, as a petition (not a motion) requires an answer, and in the absence of an answer a default can be entered.  Since the other party filed "something" (i.e. the letter) you cannot get a clerk's default.  However, since the other party has still not answered,  you can file a motion for derfault, and you will have to get a hearing date so the motion can be heard before the judge.    Most likely the other party will answer before the hearing, making your motion moot, but at least you can move on with the case.  On the other hand, if the party does not answer, then the judge will either enter the default or give them a short window to still answer, and if that person does not answer within the time give, then the court will likely enter the default.  Either option will allow your case to move forward.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-315-3496/561-962-2785   ... Read Answer

Dear Mr. Marte:    If you have had paternity established by a court (or were married and had a timesharing schedule established in the divorce action)in Florida and had a timesharing schedule established by a court then you can try to enforce the terms of that court order.  However, if yoy have never done that and paternity was not established, establishing paternity  would be the first step you need to take.e to take.    Depending on how long the child has lived in Pennsylvania may determine if the court action would have to be brought in Florida or Pennsylvania.  It would probably be a good idea to consult with a Florida lawyer first, and that lawyer could determine if you need to file suit in Florida or whether Pennsylvania will be the proper forum.  Either way, if you want to see your child, move forward and take action.  The years go by too quickly.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785... Read Answer

Thank you for your question. I am not sure from your posting if he owes “in excess of 400" or “in excess of 400,000" in back alimony. That’s a rather large gap!  I am also not sure what “AMS” means as well. For purposes of this answer, I am going to assume it’s considerably more than $400.00.   For over 35 years, my office handles primarily large asset family law cases and this potentially sounds like such a case. However, you have a few serious challenges. To begin, he may be losing his business in the civil litigation as you describe the situation. This means that his ability to pay the back alimony may be heavily constrained if not largely eliminated.  You said you “have done well” in the litigation to date. If so, why should you change your counsel or your forensic accountants, if you have anyone in that role? If you are looking to discharge them (likely for cost reasons?), you will probably not find a lawyer with any skill or experience willing to take on such a complex case ‘pro bono’. If your ex has substantially hidden or, worse, lost assets in the course of his business troubles, your pro bono lawyer will be quickly frustrated in any effort to find the assets needed to pay back the alimony arrears.  My recommendation: Keep your team in place, particularly if you believe you have done well thus far.... Read Answer

Thank you for your question. If the time limit for you to file a Counter-Petition in the family division case has run out, you can file with the court a Motion for Leave to Amend your existing Answer (if he filed a Petition in your family division case) to add the Counter-Petition. If he simply filed a Motion for Contempt in an existing divorce case (or a completed divorce/family law case that he has re-opened with the Motion for Contempt), you may need to file a Motion to Consolidate the domestic violence case with the family division case, which the judge will likely grant. Of course, if you are going to trial next week on the contempt matter, you may be out of time and should file a new case in the family division on the domestic violence matter.  As you can see, there are myriad procedural steps that must be followed. This is not really something you should try on your own without legal counsel. It can be money well spent.... Read Answer

Thank you for your question. The answer is no. Under Florida law (which you can look up under "Chapter 794.05, F.S."), the ages of you and the father-to-be are permitted for sexual activity. Please remind your boyfriend that he is responsbile for child support as long as the two of you are not living together and remain unmarried. Once married, there is no child support obligation during the intact marriage. Good luck!     ... Read Answer

As a general rule, you are now and will remain a ‘legal stranger’ to your fiancé’s child both today and following your marriage unless you chose to adopt the child after your marriage. Otherwise, you have no legal obligation or rights with reference to your fiancé’s child when you marry. A word to the wise: Rarely is adopting your new spouse’s child a good idea. Your spouse’s ex will no longer owe child support to your new spouse and should your marriage fail (as almost half do), YOU may owe child support.  ... Read Answer

Thank you for your online question. To get to the heart of your inquiry, if you are looking to divorce you should understand that as a general rule the business is a marital asset along with all of the other properties - real estate and personal properties - acquired during the marriage by either one of you with some exceptions.  Whether it is in “his name” or not, the business may be marital. The lease is a business asset as well and will figure into the valuation of the business. You also asked if it is “illegal” for you to go work, presumably at the business. If it is owned by your business then you will need his hiring of you to render you an employee of the business. Otherwise, no. The other question asked if you can “take something out” (presumably money). If you are not an owner of the business or an authorized signatory on the business’s accounts you cannot take out money belonging to the business without your husband, as owner, giving you permission to do so. Strictly speaking, taking money without permission may be theft. If you file for divorce and need money, ask your attorney to have you receive temporary support from your husband during the pendency of your case.   With questions such as these, you will need the assistance of an experienced family law attorney to advise you. Good luck!  ... Read Answer

I have a few questions which may help answer your inquiry. First, you said you are already divorced but do not have a Parenting Plan and that you only have what you described as ‘temporary custody’. I am not certain how you could be divorced without the court having decided the timesharing issues for your child, but that should be remedied as soon as practical.  Second, I do not know if you have a ‘temporary’ timesharing agreement with your ex and, if so, if your one-day trip to Disney would interfere with that agreement/understanding. You also did not state the nature of the relationship you have with your ex where your daughter is concerned. (That is, are you both highly cooperative where she is concerned or is this a high-conflict relationship with him.) Assuming that the information you have provided is accurate, that your trip is only for one day and does not interfere with any ‘temporary’ timesharing agreement with your ex, you should be fine with the trip from a legal perspective. However, as a guiding principle one parent should always tell the other if the child is being taken out of town particularly if there have no Parenting Plan addressing this issue. On a final note, if the Covid-19 virus is not particularly virulent in Disney at this time and your daughter is not immune-compromised, I would think this should not be a factor in your trip.  I hope this helps.  ... Read Answer

Thank you for your question. I would recommend tha you contact competent counsel in Buenos Aires that is familiar with the HAgue Convention regarding your case. This may, in fact, not be a Hague case as much as a custody dispute which can also be resolved as to your son in Argentina. You can also initiate a case in the United State concering your daughter. This is a comlex area of family law and I would also recommend that you consult with a US-based family attorney familiar with Hague cases. You can have a local attorney find a Buenos Aires attonrey for you through the Bar Register of Preeminenrt Lawyers wich publishes annually. Do not delay.... Read Answer

Under the circumstances you have described, there is no impediment to you marrying a foreign national in this country illegally. Be certain that your matrriage is bona fide and not for the sole purpose of securing status for the undocumented alien.  That conduct may subject you to penalties.... Read Answer

I am sorry for your loss. Unfortunately, if the parties were never legally divorced, then the Wife is right. In Florida, if you are married and you die without a will,  your spouse will inherit all of your intestate property.  If, however, you have living descendants, including children and grandchildren, they would get part of the property. Sorry for the news, but just reinforces why it is important to see a family lawyer before it is too late. Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Florida Family Law 954-316-3496 (Broward) 561-962-2785 (Boca Raton)        ... Read Answer

Thank you for your question. You should check with the attorney who handled your divorce to see if the Final Judgment (or perhaps you have a Marital Settlement Agreement) made any provision for revisiting the timesharing schedule as your daughter ages. You are right to be concerned about the particular sleeping arrangement at your ex-husband’s residence and you should discuss this with your divorce lawyer. This practice of your ex-husband’s may be psychologically injurious to your daughter or perhaps not, but your ex-husband should be aware that it may be time for either a roll-away bed or a sofa pull-out in his living room. If he agrees to this, your problem should be resolved... Read Answer

Timing here is important. You have ten days to request a rehearing and if you were not notified of the hearing, you may have a good opportunity to revisit the order. You also have thirty days to file a Notice of Appeal if you are in a district where a re-hearing is not a prerequisite and you have missed the ten-day deadline I cited above.  This is a very peculiar situation where, as you said, no party received notice of the hearing. You should have a local family law attorney review your facts and timing to ensure you are accurate... Read Answer

Thank you for your question. You didn’t mention the age of your daughter. It could make a difference to your question if she was two years old or fifteen years old.  I am going to assume she is a pre-schooler. As you referred to your past relationship as your “ex”, I am also going to assume that you are divorced. This is also a major factor in your question. If you are divorced and your “ex” is the legal father of your child as recognized in the Final Judgment with timesharing rights and shared parental responsibility, then you will have to seek court permission to relocated to Michigan or obtain a written consent to the relocation from your “ex”. Florida’s parental relocation law (Chapter 61.13001, F.S.) carefully defines the procedure for relocating out of state with a minor child. You can Google the statute and carefully read it. Of course, the assistance of a qualified family law attorney would be highly recommended. If you were never married to your “ex”, and a paternity case has not been filed and no other legal determination that he is the father of your daughter has been established (as in an administrative child support action), then the limitations on your relocating should not apply. Again, you should consult with a qualified family lawyer to understand your rights and obligations under these two scenarios - divorce or paternity.... Read Answer

Thank you for your question. If the court Order (presumably your Final Judgment) left you and your ex-wife as tenants in common, each of you has a divisible half-interest in the property. She has no right to dispossess you from the property. Moving out your possessions, changing the locks, etc., are violations of your right as a tenant in common. You need to return to court as soon as possible to enforce your right under the Order (or Final Judgment). The attorney who handled your divorce should be able to help you. If not, as this is basic real property law, any good attorney in family law or real property law can assist you.... Read Answer

Dear Anonymous:        Unfortunately, Florida does not recognize common law marriage, which is when parties live together for a period of time and that time frame constitutes a de faacto marriage.  (Georgia has this, for example).         So, unless you own any property jointly you would only be entitled to those items that are titled in your name or titled jointly (in which case you'd have to divide them) or that that you own separately or  jointly and can prove that.         You would not be entitled to any type of support, such as alimony.  Sorry for the bad news.   Regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read Answer

Dear Anonymous: First caveat....although you have domesticated your judgment in Florida, typically the law of the state where the decree was entered applies.  A Florida judge would hear the matter but have to apply Illinois law.  As I am not admitted in Illinois, I can only answer this under Florida law. That said, this might involve interpretation of the terms "child education costs."  It is never a good idea to look at a few words of a contract (which is what a marital settlement agreement is)without reading the entire agreement.  The first general rule of contracts is that the court must give the plain meaning to the words .  However, if a court determines that  the language is ambiguous, then the court can seek parole (outside) evidence of the intent at the time. So, your starting point would be to read the entire provisions in context and then see if you think it is ambiguous.  If so, what did everyone mean at the time. Hopefully this will provide you some guidance.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.   ... Read Answer

You will want to file a Petition for Guardianship by Extended Family under chapter 751 in Florida. The Florida court will need to take jurisdiction over the minor child and so this will be the easiest and most direct method of accomplishing that. As long as you are an extended family member and the parents have given their consent, you should be good. I hope this is helpful.... Read Answer

Thank you for your inquiry. A “quick divorce” is possible under these circumstances, assuming that in the intervening three months of your marriage neither of you have purchased any real property or significant personal property, nor incurred any significant debts, either individually or jointly. I am also assuming your wife is not pregnant with a child. In addition to the above questions, the key to your ‘quick divorce’ request is two-fold: First, do you have an address for your wife where she can be served with court papers? Second, have you (or your wife, I have to ask) resided in Florida for six months prior to today? If the two answers are ‘yes’ and you have not purchased property or incurred debts that must be divided, you can proceed with the ‘quick’ divorce. If you wish, you may feel free to contact my office directly at (305) 461-5015 with your answers. We can discuss how to proceed if the answers are either ‘yes’ or ‘no’ to any of these questions.  ... Read Answer

Thank you for your question.  To the extent that the pre-marital disability policy payments to your spouse made today represent a substitute for future lost wages and future medical bills, the benefits are the separate property of your spouse. Payments for “pain and suffering, lost wages, and disfigurement” are the separate property as well.  If you consult with an attorney, please have him or her look up the 1989 Florida supreme court case of Weisfeld v. Weisfeld and check to update for any new cases since then in your District.... Read Answer

Thank you for your question. The answer to your inquiry, of course, depends on three assumptions: First, that the child is still a minor. Second, that the child continues to live with your wife. Third, that our wife and her child have lived in Florida for six months. I would recommend your wife consult with a family law attorney in Florida to have a petition filed in the Florida circuit court to register and domesticate the New Mexico judgment. This will ‘make’ the judgement a Florida judgment, thus giving the Florida court jurisdiction going forward over any issues involving her child. She will need to serve her ex-husband in Oregon so she should have his address.  Good luck!... Read Answer