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I am filling the papers for my divorce, in Broward - Florida,

by myself because I do...

I am filling the papers for my divorce, in Broward - Florida, by myself because I do not have money to pay an attorney.
I do not think that my ex-husband will answer the divorce or show how much money he makes to pay the child support to our son (16 years old). I have a prenuptial agreement with him and many papers that can prove his income from his business. I printed the deposits from his Amazon online store that he earned $66,000 only between march - august.
Can I attach these documents on my petition (Prenuptial agreement + Proof of his income)? What is the form should I attach and show these documents?
I have the following forms that I am filling: 12.928 / 12.900(h) / 12.901(b)(1) / 12.902(d) / 12.902(e) / 12.902(j) / 12.915 / 12.910(b)

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Answered in 9 minutes by:

10/17/2011

Family Lawyer: ANDREA,, Lawyer replied 11 years ago

ANDREA,, Lawyer

Category: Family Law

Satisfied Customers: 12,554

Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law

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Q. What does the pre-nuptial Agreement provide ?

Customer reply replied 11 years ago

Hi Andrea,
Thanks a lot for contacting me.
The pre-nuptial agreement is about my house, that is mine only, and separate property, earnings and incomes.
My ex-husband has an income not less than $6,000/month and mine is around $2,000/month, and sometimes I receive some help from my mother and sister in Brazil. So I think he must help me with our son. I do not want anything for me.

I re-married him on May/2011, (our first divorce was 2005), thinking that we were rebuilding our family. However I found out it was not true and I asked him to leave my home on the last september because I found out many emails between he and another women. Actually we used me to get off from a deportation process (I'm an American citizen). Now he lives on Green Acres, Florida, with that other women, and I have the address and phone numbers, on an apartment that he rented.
Now I would like to get in my divorce petition and inform the Homeland Security that he is no longer my husband.
On September 19, he made a deposit on my bank account of $1,000.00 and wrote on the check "child support". I have the copy of that check also. Should I show it on the court, also?

Thanks in advance.
Claudia

Family Lawyer: ANDREA,, Lawyer replied 11 years ago

Hi, Claudia,

I am sorry your husband has chosen to treat you so badly.

Thank you for your additional information. I am assuming that when you say "Your Petition", you are referring to your Petition for Child Support. Allege in your Petition that you "Have reason to believe that his income is at least $6,000 a month...", but do not attach anything to your Petition. Keep all your evidence until you attend the hearing, then give it to the Judge. In this way, it will be a surprise to your husband and if he does not know in advance what concrete evidence you have regarding his income, he will not have prepared anything to rebut the evidence you give the Judge that relates to his monthly income. I am a firm believer that "surprise" evidence of anything which a party is not required to submit to the opposing party before hand is the best evidence one can use in any hearing, especially a hearing to determine the amount of child support a parent will be obligated to pay. If you contact the Department of Homeland Security, you may lose the opportunity to collect child support from him, but that is a decision only you can make.

If you need clarification on anything, please let me know and I will be glad to explain.

Kindest regards,

Customer reply replied 11 years ago

Thanks again Andrea! I will accept your answer, for sure. However, what should I do regarding the pre-nuptial agreement? Should I include it now on the petition or take with me on the hearing?

Kind regards,
Claudia

Family Lawyer: ANDREA,, Lawyer replied 11 years ago

Take it with you to the hearing. There is nothing that he can object to since he has a copy of the Prenuptial Agreement, anyway. As I said, anything that does not have to be served on the opposing party beforehand, should not be served. Never give the opposing party the edge.

Kindest regards XXXXX XXXXX best of Luck!

ANDREA,, Lawyer

Category: Family Law

Satisfied Customers: 12,554

Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law

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