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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19659
Experience:  Attorney with experience in family law.
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I am in the process of filing for full child custody. I am

Resolved Question:

I am in the process of filing for full child custody. I am divorced. In my divorce decree dissolution, my ex-wife and I agreed to share custody. The problem is, my ex-wife is a registered nurse. She works 12 to 14 hours work days. Our four children, 16, 14, 12, and 10, do not have adult supervision and, oftentimes, food, safety at their mother’s home. My ex-wife’s home was burglarized about three months ago. No one was home. She refused to repair the glass window they broke to enter the home. I eventually repaired it myself and she reimbursed me half the money. I have the children 95% of the time. For over one year, the house does not have a refrigerator or a stove. She promised over a dozen times she would replace the refrigerator and stove. Moving away from the details. There are a lot of details. Can you please help me understand a portion of the “SUPPLEMENTAL FINAL JUDGEMENT MODIFYING PARENTAL RESPONSIBILITY, VISITATION, OR PARENTING PLAN/TIME-SHARING SCHEDULE AND OTHER RELIEF?” I typed the parts that I do not understand, so I can possible get some clarification of these legal terms. I do not have the funds to hire an attorney. I will drop my child support request to court.

Upon the termination of the obligation of child support for one of the parties’ children support in the amount of $ ___ for the remaining __ children {total number of remaining children} shall be paid commencing {month, day, year}and terminating {month, day, year}. This child support shall be paid in the amount of$ per {week, month, other} consistent with the Obligor's current payroll cycle.

{Insert schedule for the child support obligation, including the amount, and commencement and termination dates, for the remaining minor or dependent children, which shall be payable as the obligation for each child ceases. Please indicate whether the schedule __ appears below or __ is attached as part of this form.}

The Obligor shall pay child support until all of the minor or dependent child(ren): reach the age of 18; become emancipated, marry, join the armed services, die, or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18 and until high school graduation for any child who is dependent in fact, between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19. If the child support ordered deviates from the guidelines by more than 5%, the factual findings which support that deviation are:

Arrearage/Retroactive Child Support.
[Choose one only]
a. __ There is no child support arrearage at the time of this Supplemental Final Judgment.
OR
b. __ The ( ) Mother ( ) Father shall pay to the other party the child support arrearage of:
$ for retroactive child support, as of {date} ------ $ for previously ordered unpaid child support, as of {date} ------ The total of$ in child support arrearage shall be repaid in the amount of $ per month payable ( ) in accordance with Obligor's employer's payroll cycle, and in any event at least once a month ( ) other {explain} beginning {date} _____________ until paid in full including statutory interest.
4. Insurance.
[Choose all that apply]
a. __ Health/Dental Insurance. ( ) Mother ( ) Father shall be required to maintain
Florida Supreme () health and/or ( ) dental insurance for the parties' minor child(ren), so long as reasonable in cost and accessible to the child{ren) . The party providing insurance shall be required to convey insurance cards demonstrating said coverage to the other party;
OR () health and/or ( ) dental insurance is not reasonable in cost or accessible to the child(ren) at this time.
b. __ Reasonable and necessary uninsured medical/dental/prescription drug costs for the minor child(ren) shall be assessed as follows:
( ) Shared equally by both parents.
( ) Prorated according to the child support guideline percentages.
( ) Other {explain}:------------------------
As to these uninsured medical/dental/prescription drug expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.
5. __ Life Insurance (to secure payment of support). To secure the child support obligations in this judgment, ( ) Mother ( ) Father ( ) Each parent shall maintain life insurance, in an amount of at least$ on ( ) his life ( ) her life ( ) his/her life naming the ( ) minor child (ren) as the beneficiary(ies) OR naming the ( ) Mother ( ) Father ( ) other {name} as Trustee for the minor child(ren), so long as reasonably available. The obligation to maintain the life insurance shall continue until the youngest child turns 18, becomes emancipated, marries, joins the armed services, dies, or becomes self-suppo
Submitted: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

I'm sorry, but it looks like part of the question got cut off. Can you take a look at the end? What are your specific questions about these sections?
Customer: replied 9 months ago.

SORRY


 


As to these uninsured medical/dental/prescription drug expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.


5. __ Life Insurance (to secure payment of support). To secure the child support obligations in this judgment, ( ) Mother ( ) Father ( ) Each parent shall maintain life insurance, in an amount of at least$ on ( ) his life ( ) her life ( ) his/her life naming the ( ) minor child (ren) as the beneficiary(ies) OR naming the ( ) Mother ( ) Father ( ) other {name} as Trustee for the minor child(ren), so long as reasonably available. The obligation to maintain the life insurance shall continue until the youngest child turns 18, becomes emancipated, marries, joins the armed services, dies, or becomes self-supporting.


6. __ IRS Income Tax Exemption(s). The assignment of any tax exemption(s) for the child(ren) shall be as follows: Further, each party shall execute any and all IRS forms necessary to effectuate the provisions of this paragraph.


7. Other provisions relating to child support:---------------------


 


SECTION IV. METHOD OF PAYMENT


Obligor shall pay court-ordered child support and arrears, if any, as follows:


1. Place of Payment.


a. __ Obligor shall pay court-ordered support directly to either the State Disbursement Unit or the central depository, as required by statute, along with any fee required by statute. Florida Supreme Court Approved Family Law Form 12.993(a), Supplemental Final Judgment Modifying Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (07 /13)


 


b. __ Both parties have requested and the court finds that it is in the best interests of the child (ren) that support payments need not be directed through either the State Disbursement Unit or the central depository at this time; however, either party may subsequently apply, pursuant to section 61.13{1)(d)3, Florida Statutes, to require payments through either the State


Disbursement Unit or the central depository.


2. Income Deduction.


a. __ Immediate. Obligor shall pay through income deduction, pursuant to a separate Income Deduction Order which shall be effective immediately. Obligor is individually responsible for paying this support obligation until all of said support is deducted from Obligor's income. Until support payments are deducted from Obligor's paycheck, Obligor is responsible for making timely payments directly to the State Disbursement Unit or the Obligee, as previously set forth in this order.


b. __ Deferred. Income deduction is ordered this day, but it shall not be effective until a delinquency of, or, if not specified, an amount equal to one month's obligation occurs. Income deduction is not being implemented immediately based on the following findings: Income deduction is not in the best interests of the child (ren) because: {explain}


AND


There is proof of timely payment of a previously ordered obligation without an income deduction order,


AND


) There is an agreement by the Obligor to advise the Title IV-D agency, the clerk of court, and the Obligee of any change in Payor and/or health insurance OR ( ) there is a signed written agreement providing an alternative arrangement between the Obligor and the Obligee and, at the option of the IV-D agency, by the IV-D agency in IV-D cases in which there is an assignment of support rights to the state, reviewed and entered in the record by the court.


3. Bonus/one-time payments. ( ) All ( % ( ) No income paid in the form of a bonus or other similar one-time payment, up to the amount of any arrearage or the remaining balance thereof owed pursuant to this order, shall be forwarded to the Oblige pursuant to the payment method prescribed above.


4. Other provisions relating to method of payment. ~~~~~~~~~~~~~~~~~-


Florida Supreme Court Approved Family Law Form 12.993(a), Supplemental Final Judgment Modifying Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief (07/13)

Expert:  Lucy, Esq. replied 9 months ago.
It's OK. It happens.

What are your specific questions about these provisions? What terms are you wondering about?
Customer: replied 9 months ago.

Here is the main sections I dont understand,


 


Upon the termination of the obligation of child support for one of the parties’ children support in the amount of $ ___ for the remaining __ children {total number of remaining children} shall be paid commencing {month, day, year}and terminating {month, day, year}. This child support shall be paid in the amount of$ per {week, month, other} consistent with the Obligor's current payroll cycle.


 


{Insert schedule for the child support obligation, including the amount, and commencement and termination dates, for the remaining minor or dependent children, which shall be payable as the obligation for each child ceases. Please indicate whether the schedule __ appears below or __ is attached as part of this form.}

Expert:  Lucy, Esq. replied 9 months ago.
Thank you.

That's talking about what happens when your children turn 18. It sets a schedule, because child support for four children isn't the same as child support for one child times four. When your 16 year-old turns 18, you could agree to accept 75% of the support amount, but it won't automatically work out that way. So, what it's saying is, when the oldest turns 18, the non-custodial parent will pay $X for the remaining 3 children that are still minors. Then, it just wants you to fill in when the oldest will turn 18 - the support amount would decrease with the next payment.

Since you have additional children, you would repeat that for each child, until you get to the amount to be paid for only the youngest. You can use a child support calculator to help you figure it out.
http://www.alllaw.com/calculators/Childsupport/Florida/


The information fit in the space provided on the form, but if it doesn't, then you would check "is attached" and put it on a separate piece of paper stapled to the end of the judgment.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19659
Experience: Attorney with experience in family law.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 9 months ago.

Hi Lucy,


 


Can you please explain in layman's term what does the following section means how to possibly go about answering them:


 


If the child support ordered deviates from the guidelines by more than 5%, the factual findings which support that deviation are:___


 


Arrearage/Retroactive Child Support.


[Choose one only]


a. __ There is no child support arrearage at the time of this Supplemental Final Judgment.


OR


b. __ The ( ) Mother ( ) Father shall pay to the other party the child support arrearage of:


$ for retroactive child support, as of {date} ------ $ for previously ordered unpaid child support, as of {date} ------ The total of$ in child support arrearage shall be repaid in the amount of $ per month payable ( ) in accordance with Obligor's employer's payroll cycle, and in any event at least once a month ( ) other {explain} beginning {date} _____________ until paid in full including statutory interest.

Expert:  Lucy, Esq. replied 9 months ago.

If the child support ordered deviates from the guidelines by more than 5%, the factual findings which support that deviation are:___

 

If you are using the amounts from the child support calculator, you do not need to answer this section. If the calculator is giving you one amount, and you're asking for more, you need to tell the judge why he should give you more. Usually, that means showing that you have significant additional expenses that are not considered in the calculations.


Arrearage/Retroactive Child Support.

 

This is asking if one of you owes past-due support to the other. If you're current, and you're asking for support from her for the first time, there is no arrearage or retroactive support.

 

Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19659
Experience: Attorney with experience in family law.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 9 months ago.

Salutations Lucy,


 


Can you please critique and offer advice and correction to the following


 


IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA


 


Case No.: 08-11421


Division: FMCE


,


 


SENDY DUVERNE


Petitioner,


 


vs.


 


JONAS DUVERNE


Respondent.


 


___________________________/


 


 


This document is in response to a petition filed by the Florida Law Clinic, LLC. The Florida Law Clinic claims, via Sendy Duverne (ex-wife), I refused to cooperate submission of quit claim deeds necessary to effectuate ownership of my property, located in 13145 SW 45 Drive, Miramar, FL 33025. It is should be noted that I do not personal reside on this property. Sendy Duverne, along with my four children reside on this property. I have no prior knowledge of a response by the Florida Law Clinic, nor Sendy Duverne of any such request, in the form of quit claim deeds necessary to effectuate ownership of my property. To my surprise, the week beginning: October 7, 2013, was the first notification I received from the Florida Law Clinic of such matter. Per my divorce decree, there was never a court order that states an execution of a quit claim, from my wife to and from myself. In addition, there was never any attempted contact or communication by the Florida Law Clinic or Sendy Duverne, indicating my execution, response or involvement of a quit claim deed, prior to the motion to compel compliance with final judgment and for attorney’s fees.


 


 


CERTIFICATE OF SERVICE


 


I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail to Florida Family Law Clinic, LLC, Attorney for Petitioner, 150 North Federal Highway, Suite #: 200, Fort Lauderdale, FL 33301, Telephone#: XXX-XXX-XXXX, email:XXX@XXXXXX.XXX


 


 


 

Expert:  Lucy, Esq. replied 9 months ago.
I see that you already received a response on this. I just wanted to apologize for the delay. I was not online over the weekend. I'm glad that you found an answer.
Customer: replied 9 months ago.

Do you think this response to a motion to compel is sufficient:


 


 


 


 


RESPONSE TO MOTION TO COMPEL COMPLIANCE WITH FINAL JUDGEMENT AND FOR ATTORNEY’S FEES



1. Admit


2. Admit


3. Deny


4. Deny


5. Admit


 




CERTIFICATE OF SERVICE



I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail to:

Expert:  Lucy, Esq. replied 9 months ago.
I'm afraid that I'm not able to tell you specifically what to file. But, generally, it is sufficient to state whether the party admits or denies the factual allegations in a Motion to Compel. If the other party makes legal arguments, usually, the response refutes those arguments. If there are any defenses to the things the other party is saying, or if you have a claim against them, those are also things that would usually be stated in the response to a motion.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19659
Experience: Attorney with experience in family law.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 9 months ago.

Is court in Broward Count Florida open on Columbus day, tomorrow?

Expert:  Lucy, Esq. replied 9 months ago.
Columbus Day is not listed as one of the holidays observed by the Broward County courthouse.
http://www.browardclerk.org/clerkofcourts/clerkholidays.aspx


However you may want to call before you go in, just to be sure that the office is open the normal hours.
Customer: replied 7 months ago.

Can you please help me with appealing a court order through the appellate process? I was divorced in 2009. Recently, December 03, 2013, the judge ruled against the 2009 final judgment. I filed a motion for a new hearing, extended time, and a new judge. On December 18, 2013, my motions were denied from the judge I filed the motion with. I was told that I have 30 calendar days to file an appeal. Is the 30 days’ time frame based on the initial hearing from December 3, 2013 or December 18, 2013? Also, what criteria do I have to base my appeal on? This may or may not help…on the December 26, 2013 hearing, the judge arbitrarily ruled against me, after hearing my ex-wife’s attorney claimed the final judgment to have a different definition. She stated a term in the final judgment, “retain” means quit claim deed. This was impossible. Part of mediation for our final divorce judgment was due to our four minor children. We have two homes. We agreed each person would retain possession separate of the other party. Because of this agreement, we never filed separation of assets. Recently, about six months ago, my ex-wife wanted me remove from an insurance claim. She presented to her attorney a one page summary of the final judgment order, with the judge ordered each party shall retain their individual home. My ex-wife’s attorney ordered me to sign a quit claim deed or have the courts do it. The judge never looked at final judgment. He accepted my ex-wife’s attorney interpretation that retain is defined as quit claim deed. I told both the judge and my ex-wife’s attorney, my ex-wife and I had agreed to buy each other out, if we should decide to sell the property. My question, can you assist me with information that may go on reasons for an appeal.

Expert:  Lucy, Esq. replied 7 months ago.
I'm sorry to hear that this happened.

A Notice of Appeal is filed within 30 days of the date the order is entered, not when the hearing is held (because it sometimes takes a judge more than 30 days to make a decision).

An appeal argues that the judge made certain errors of law or abused his discretion in a manner that lead to an unjust outcome or one that is contrary to law.
Customer: replied 7 months ago.

My other question, is it possible that a final court order with the wording “retain” could mean quit claim deed? The final judgment divorce order stated that my ex-wife will retain possession of one property and I shall retain possession of the other property. Does this mean divided assets or is there a set legal protocol to establish separation of assets?

Expert:  Lucy, Esq. replied 7 months ago.
A word that is not specifically defined will be treated as having its normal meaning. Retain usually means "to keep possession of" or "to continue." The judge can look at context, but usually isn't making up his own definitions for words.

If I were reading a divorce decree that said that one spouse would retain one property and the other would retain another, that actually could be referring only to possession rather than ownership. It may be necessary to read the rest of the document or to clarify whether the ownership interests in those properties would change. If it said "Each spouse will retain his or her interest in the following properties..." then I would read it to mean that both spouse's names would remain on the title to each property.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19659
Experience: Attorney with experience in family law.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 7 months ago.

How can I verify the judge’s ruling, in terms of him interpretation the word retain to be define as a quit claim deed? Do you think the judge has abused his power if his interpretation of the law is not clear? In my divorce, our marital assets were never legally awarded. There was never a quit claim deed in the divorce to transfer legal interest to the other party. Since the judge’s interpretation of retain was vague, it would only make sense to use the previous judge’s ruling. The judge never used any evidence from the original divorce. I am asking you, if I appear disgruntled with the judge’s ruling, when my ex-wife and I agreed to buy each other out, if we should want full ownership of the our property. By the way, there was a 20K insurance claimed, in which my ex-wife wanted me off the insurance claim. The items stolen and reported in the claim, I have receipt of proof of purchase. I bought the items stolen from my ex-wife’s home for my kids. This is the reasons she wanted to quit claim me.

Expert:  Lucy, Esq. replied 7 months ago.
Abuse of discretion unfortunately gives a lot of discretion to the judge. If there is any evidence whatsoever supporting his conclusion, it will usually be upheld. The judge is not required to use a ruling or evidence from a prior court proceeding.

It does make sense for each spouse to want full ownership of the property that he or she lives in, but that doesn't automatically mean that's what you agreed. But if the judge is saying that you had to quitclaim your portion of the property to your wife, then she needs to quitclaim her portion of the other property to you (if that's how the agreement is being interpreted).

If you have evidence that your ex committed insurance fraud, you can contact the insurance company and tell them about it. Whether or not you are disgruntled by an adverse court ruling shouldn't have any impact on an appeal - in every court case, someone loses. One of the parties is always disgruntled. That doesn't affect the law.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19659
Experience: Attorney with experience in family law.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you

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