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This is a question regarding family law in the State of

Florida. Specifically Child Support. My...
This is a question regarding family law in the State of Florida. Specifically Child Support. My wife and I represented ourselves in our divorce case for which the trial has already taken place November 7, 2017. The trial was overseen by a magistrate due our self representation. The magistrate was to turn her notes and recommendation over to the judge who was supposed to mail us both his own Parenting Plan and other documents as the court orders. The trial ended with no agreements on any issues including a Parenting Plan. I already am registered with your website and have an account with you. My wife and I are here together preparing a letter for the judge as we have not heard a word from him. We came to the conclusion that if we submitted a double signature notarized Parenting Plan and other pertinent documents which indicate agreement and are signed by both of us and notarized that it would expedite the process. We need consultation with a family law attorney who can advise us on how to approach this process.
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Answered in 1 minute by:
1/27/2018
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,709
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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I think this is the proper way to resolve this.You submit a joint letter and parenting plan and the court should agree and sign off on it and make it binding.You have the right idea.I am glad you were able to resolve this matter.It should not be a problem at all to submit the letter and parenting plan jointly in the case.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 4 months ago
If I am not able to provide child support due to no income, and my wife is agreeable to waiving child support at this time, can I state this in the letter to the Judge or do I need to submit a formal court document?

You can and see if the judge agrees to it.

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Customer reply replied 4 months ago
I have been waiting for two months and the judge is backed up with incomplete cases to review and give orders in response to. My wife and I don’t want to wait. If we indicate that I am waiting for knee replacement surgery before I can return to work, and give the judge a first month of payment including the amount I will be able to pay monthly, would that satisfy the judge? He going to want a financial affidavit for that time I believe which I can’t provide until I can establish what my new income and expenses will be. Can I ask him to grant the divorce if I provide the appropriate signed paperwork and ask for a child support hearing when I am re-established. The problem is we don’t have a specific visitation/ custody plan in place right now and we are both constantly arguing about when I can have visitation with my daughter. The Magistrate told my wife at the trial that I could have my daughter every other weekend and two week days but was not specific about hours. So the arguments continue.

Yes it would do here to explain your medical condition and the reason for the support agreement.More likely to approve it here.

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Customer reply replied 4 months ago
Aside from a Parenting Plan signed and notarized by my wife and me, and a statement in a letter to the judge that I am unable to submit a financial affidavit or commit to a child support amount or date yet due to my medical condition, (which is backed by a letter by my Orthopedic Surgeon) what else can I do to expedite things? In the letter to the judge we have indicated that we agree on all matters and neither of us is requesting alimony. We have agreed on division of assets. I want to give the judge absolutely no reason not to look everything over and approve it, sign it and have the court mail it to us. What am I possibly missing? Please check Florida statutes regulating family law and see what the judge could possibly object to based on what I have told you. If you would like to see a copy of the letter to the Judge I can send you that file.

I think thats it.Understand the court may still set some token amount of support $25 a month or whatever, it shows good faith.Thats going to be the sticky issue here.But submit it likely he sets it for hearing if he has questions.If i were the judge I would want the spouse here on the record to say she agrees to whats in the signed agreement.Just being honest here.

RayAnswers
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Customer reply replied 4 months ago
What if I offer $50 per month until my surgery is complete? I can get a hold of that much from relatives. Does that increase the possibility that the judge will submit his orders soon?
Customer reply replied 4 months ago
We have also signed a statement indicating that we have fairly divided our assets and both parties have received what both consider fair. Without listing the assets does that sound satisfactory to a judge if we both sign this letter and notarize our signatures?
Customer reply replied 4 months ago
Ray, I need answers to the last three questions.

What if I offer $50 per month until my surgery is complete? I can get a hold of that much from relatives. Does that increase the possibility that the judge will submit his orders soon?

Yes honestly it does.

We have also signed a statement indicating that we have fairly divided our assets and both parties have received what both consider fair. Without listing the assets does that sound satisfactory to a judge if we both sign this letter and notarize our signatures?

Yes it does, each party got their share of assets.

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Customer reply replied 4 months ago
Are there any other issues that we should address? We don't want a letter from the judge stating that he is pleased we could agree on most things but forgot something important. "Therefore, please submit ............."

No but he may want to see you face to face, its possible he would want to hear from both of you here even if you submit it.Send it in and see if signs off of asks for short hearing to approve it.

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Customer reply replied 4 months ago
Ray,
Day,
Ray, This is the body of the letter. Is there anything we should add or subtract?Dear Judge Jirotka,Despite the lack of agreement on many issues at the time of our divorce trial on November 7, 2017, we have since settled our differences on all pending matters.Please find enclosed an updated Parenting Plan that has been signed and notarized. You will see that all previously unresolved concerns have been addressed and a satisfactory resolution has been reached. As far as division of assets, we worked out a mutual agreement and the assets have since been distributed to our satisfaction.We have both waived our requests for alimony. Also, the matter of child support arrangements has been addressed and an agreement has been reached. We have agreed that Respondent will pay $50 per month to Petitioner until Respondent has secured permanent employment and receives steady income. Ultimately, Respondent will file a Financial Affidavit and Petitioner will file the Child Support Guidelines Worksheet to establish monthly child support. This has been done with the hopes that we have simplified the task of reviewing our case in further detail and therefore expediting the disposition of this matter.We are both deeply concerned about the impact that this divorce is having on our 15-year old daughter. Therefore, in consideration of the fact that this case was initially filed on November 10, 2015, we are asking you to bring this matter to a close as soon as possible. Please review our enclosed documents and we believe you will find everything in order.Thank you for your prompt attention to this urgent matter.

This looks great.Good luck to you here.

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Customer reply replied 4 months ago
Thanks, ***** *****'re all done here. I already rated you 5x.

No problem have a great day.

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