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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Live with husband and mother in law and my14 year old daughter.

Customer Question

Live with husband and mother in law and my14 year old daughter. I've been saving to leave,and divorce. They have kicked me out 2 times before knowing I didn't have the money to go yet which sets me back every time. My daughter remained in the house fire school. This situation isn't a violent one. I have been threatened again I have one week? This always comes out of the blue,what are my rights?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
I am sorry to hear of this situation.
Please tell me
1- Whose house is it?
2 - How long have you been living there with your family?
Thank youo
Customer: replied 2 years ago.
My mother in laws house and 5 years
Customer: replied 2 years ago.
We moved in on request of his mom to work on our marriage and he can't get it together I plan to d ivorse and move out but they keep pulling this.
Expert:  Samuel II replied 2 years ago.
HelloThank you.You have established your residence there. And that means that she will need to evict you. She would first need to serve you with a Notice to Vacate and then if you do not within the require amount of days, generally 30 days, she would go to court and file eviction. You could oppose it.But at this time, you do not need to just move out at her whim
Customer: replied 2 years ago.
Can I make a appointment with you to move forward on my divorce and alimony.
Expert:  Samuel II replied 2 years ago.
Thank youThe professionals on this site are precluded from representing customers of this site. I can provide you information on questions you ask, however.
Expert:  Samuel II replied 2 years ago.
How long have you been married? Do you work and are you able to make a living ?
Expert:  Samuel II replied 2 years ago.
Here is a link to the Florida Statute regarding Alimony
Expert:  Samuel II replied 2 years ago.
As you can see there are different types of alimony that may be awarded and the criteria for the same is as follows under the Florida Law(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:(a) The standard of living established during the marriage.(b) The duration of the marriage.(c) The age and the physical and emotional condition of each party.(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.(g) The responsibilities each party will have with regard to any minor children they have in common.(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.(j) Any other factor necessary to do equity and justice between the parties.
Customer: replied 2 years ago.
We have been married 7 years I work 2 jobs and only need time to save. I make about 1800 a month
Customer: replied 2 years ago.
Maybe more?
Expert:  Samuel II replied 2 years ago.
Thank you. I suggest that upon divorce you would be eligible for some support from your husband.
Customer: replied 2 years ago.
Thank you your awesome!
Expert:  Samuel II replied 2 years ago.
Even if only temporarily as in the law it states(6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:1. The redevelopment of previous skills or credentials; or2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.(c) An award of rehabilitative alimony may be modified or terminated in accordance with s.61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.
Expert:  Samuel II replied 2 years ago.
And if you are given the rehabiliatative support, you can go back to school and if the ex spouse has money, he can be ordered to pay for the schooling to help you get to a point where you can live on your own at least on the standard of living during the marriage.