Florida Family Legal Questions

  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 Answer

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 Answer

  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 Answer

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 Answer

  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 Answer

  Dear Anonymous:      You will need to file a motion for contempt against your former spouse.  The following link provides instructions and the proper pleading for you to fill out in order to bring this matter before the Court: https://www.flcourts.org/content/download/403205/3457564/960.pdf Once you file this with the Court, you should get in touch by phone with the case manager for  the judge on your case.  This person should be able to assist you in obtaining a hearing date before the Court in order to present your case.  If you have questions about how to file the pleading I also suggest you get in touch with the clerk of the court for the family division.    Be aware that when you do go to court you are going to have to show that your ex has a present ability to pay alimony.  So if your ex has a job you may want to request that he bring pay stubs, tax returns or other evidence of his income and savings to court that day. Don't delay, because the longer you wait the more he owes.  Usually a person does not have the ability to pay ALL of the arrears at one time, so the court will order payment of the current and onging amounts due and then add some of the arrears to each payment. If your ex is working you should also ask the Court for an income withholding order.  This way, the alimony will be deducted directly from your ex's pay and get to you without your ex being able to interefe with the process.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561/962-2785 ... Read Answer

Dear Anonymous:   First, check your parenting plan.  If it says you have "shared parental responsibility" and neither parent has ultimate decision making, then   the children's mother is not permitted to make a unilateral decision about home schooling.   However, the only enforement mechanism you have is to return to the court and ask the court to enforce the agreement and return the children to public school- which is what they were attending at the time of the parenting plan, according to your inquiry.   You should also be prepared to show the court that keeping them in public school is in their best interest.  From you email that makes sense since  currently it appears you have the obligation to home school them while they are with you, and you may not have the time or academic background to do so.  There are probably a myriad of other reasons why you believe this in not in the children's best interest so be prepared to tell the court.   Alternatively, you could petition the court so that you make educational decisions in the future since the mother has chosen to not consult with you as per (presumably) your parenting plan requires. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

Dear Anonymous:        Although Florida law provides that child support terminates upon a child's 18th birthday, or up to the child's 19th birthday if the child is in high school, living at home, and there is a reasonable expectation of graduation before the child's 19th birthday, Section 743.07, Florida Statues also allow support to be extended beyond age 18 where a child is dependent due to mental or physical incapacity that began prior to age 18.        The question for the court becomes what are the specific circumstances of your son's Asperger's syndrome that would justify (or not) an extension of child support.         The cases in Florida interpreting this statute define different levels of incapacity, and what would govern in your case will depend, first and foremost, on whether you son could become independent and self supporting after age 18, and second,  how  the Florida district courts in your area have interpreted what "dependency"  means.         Since your ex- wife will be the person to file the case, she will have the burden to show your son cannot act independently.  Hopefully, he will be able to function on his own, not only so that your child support will end, but that he will become an independent adult.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785     ... Read Answer

Dear Anonymous:     You would not be transferring the QDRO to Florida. YOu would need an order to vacate the QDRO and then ensure that it was sent to the plan administrator of your retirement account. If your ex wife and you are in agreement that she no longer wants your retirement money, it is probably easier to  contact a New York attorney and see if an agreed order to vacate the QDRO can be submitted to the Court that granted your divorce.   Even if you do not live in New York anymore, if you have an agreement to vacate the QDRO, then it does not make sense to transfer the case to Florida, as that involves more time and money.   If your ex wife will not agree, in writing, to waive her interest in the QDRO by vacating the order, and you have to actually litigate, then it might make sense to transfer the case.  It is not "hard" to do, but it also depends on whether your ex wife lives in Florida too.  Jurisdiction (where a case should be heard) is a bit tricky and requires information about  both parties, so if the above does not answer the questions, then you should probably contact an attorney to discuss the actual facts and details. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

Dear Anonymous:    I am going to assume that you cannot get your husband to cooperate.  If you could, you could file an uncontested divorce, but both of you would have to sign the divorce papers together...and perhaps not even need an attorney!   But, if that is not a possibility, and you know where he lives (because divorce papers have to be served on him), and you anticipate that he is not going to want anything from you, and it becomes effectively "uncontested" then it should be a relatively simple process.  That said, the filing fee (paid to the court not the attorney) is over $400, and serving him with the papers usually costs (again to a process server, not the attorney) between $50 and $100.   After that,  the fees will depend if it goes smoothly and who you hire as an attorney.    Remember, you get what you pay for.  It could range from $1000 if it goes as set forth above (smoothly) to $2500.00- as an estimate.  It may be more or less depending on the county where you live.   As to the time it will take, again this is a range and it could be more or less, but I would anticipate from 3 to 6 months.   Best of luck to you, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785    ... Read Answer

You will need to seek legal advise in Arizona, since that is the Court with jurisdiction and Florida does not have legal separation.  If you did not dissolve the marriage and only obtained a legal separation in Arizona, you are still married.  You only need to dissolve the legal separation and an Arizona attorney would be able to advise you on that process. ... Read Answer

Thank you for your question.  You should be able to reach some written agreement with the mother to have the child with you for at least part of the summer.  If she flatly refuses to let you have time with the child, you will need to initiate a paternity case in Florida where the child lives, and ask the court for a Parenting Plan which is signed by both of you and sets timesharing going forward. (In the paternity case the judge will formally determine that you are the father, will set child support, will give you equal parental rights to make decisions for the child, and will set your timesharing schedule.)  Alternatively, you may wish to use the services of either a certified family mediator or qualified Parenting Coordinator who are both trained to help you create a go-forward Parenting Plan. You can do this even before a paternity suit is filed or, if not, have the court handling your case appoint either a mediator or Parenting Coordinator (preferably). Your issues should resolve there.  If not, the court will enter an order setting the timesharing for you and the child. Good luck! - David B. Mitchell, Esq. www.davidbmitchell.com... Read Answer

Thank you for your question I am sorry you are having this ongoing difficulty with your ex-husband.  Fortunately, your situation can be remedied. If the court has ordered your husband to pay $600 per month until the loan modification is complete, which loan modification is still incomplete, that money is due and owing. You need to have your attorney file a two-prong motion with the court: A Motion to Enforce to compel the refinancing joined with a Motion for Contempt directed to the unpaid alimony, assuming he still has the present ability to pay it. Set it for an evidentiary hearing. Your lawyer may want to depose your ex in advance of the hearing to see what excuse he will offer the court and prepare to counter it. You should also ask for your attorney’s fees and costs to be reimbursed to you as you are enforcing the court’s existing order.   Good luck!  ... Read Answer

Thank you for your question. By ‘legitimize’ I assume you mean ‘how do you establish your paternity of your daughter’. Perhaps this is for immigration purposes to permit your daughter to immigrate to the US or to have a US passport. I am also assuming your daughter was born out of wedlock and that your paternity of your daughter has not been previously established.  You can file a petition to establish paternity for your daughter in Florida where you reside. If the mother and daughter agree, you can file it as an uncontested petition with everyone co-signing the petition itself. Then, once filed you can set the case for an uncontested final hearing. As she is an adult (and assuming she is not mentally disabled or otherwise not emancipated), your daughter  can join the petition. This should not be difficult.  Of course, if she is married her husband should be made aware of your action.    Good luck.... Read Answer

Thank you for your question.  You didn’t provide any information as to why your nephew wants to emancipate and that may be important. (Ex.: Does he want to marry, joint the military, sign contracts, etc.?)  However, I will help you as much as I can. To begin, moving in with his grandmother has no bearing on his becoming emancipated. There is no ‘plan’ when one is emancipated - an emancipated person is free to live wherever he or she is welcome as would be true for any other legal adult. Once emancipated, he is legally caabe of signing a lease to rent his living quarters. However, be careful in the use of the word ‘dependent’. If you are asking if the grandmother can declare your nephew as a dependent for tax deduction purposes, she will need to consult with her tax professional. The Internal Revenue Code has very stringent rules as to who can declare someone as a ‘dependent’ for tax purposes. Finally, regarding his driver license he is still subject to the Florida driver license law. If he only has a learner’s permit, he will still to have another adult accompany him per the existing law regardless of his emancipation. Once he has his full driver license, he should be OK. I hope this helps, and best wishes to your nephew... Read Answer

If there has been a request to modify child support filed with the court and you have been served with the petition, then you are obligated under Rule 12.285 to provide certain financial documents.  I would suggest consulting with an attorney to determine the potential financial obligation as it souds as if your financial situation has changed enough that there is a belief that you can contribute to your son's support. ... Read Answer