Yes. A court must look at whether your husband can afford to contribute, whether your daughter has historically attended a private school and whether it is in her best interest. I have had the exact same issue in front of two judges- one said yes, one said no.
Helping Good People At Their Worst Times
Year: 2014
I was ordered by the judge in our case to attend mediation. What is it and can I bring my mom with me?
Mediation is an informal conference between the parties and a neutral 3rd party (mediator) who tries to get the parties to find a middle ground to settle. If you settle at mediation, you typically sign the agreement on the spot. It is binding immediately. There is no buyer’s remorse. From that point, you can have a short final hearing or…
I live here in Florida. I’ve been here for 2 months and want to file for divorce. I was told that I have to wait until I’ve been here 6 months, can I file in the state I lived in prior to moving here?
In Florida, you must have lived in Florida for at least six months, thereby becoming a Florida resident in order to file for divorce. You can certainly look into filing in the state you moved from, but that state will also have residency requirements necessary to file for divorce.
I heard there is a new relocation statute. What happens if I don’t follow it?
The party who relocates with the child without either written consent of the other party or the the Court, is subject to contempt, the return of the child, and attorneys fees. The Court may also modify the parenting plan in effect.
My daughter who is 13 wants to tell the Judge that she prefers to live with me. Can she do that?
The Judges dislike allowing a child to testify but if the child is of the sufficient age and intelligence, the Court can allow the child to testify. There is no bright line age. I’ve had children at age 9 testify. It all depends on their maturity. A child’s preference is a factor listed as one that the Court should consider…
If I file a divorce, does that mean that I can’t change my mind?
No, you can dismiss a divorce action at any time. You may have to obtain court approval if a final hearing has been scheduled, but generally you can dismiss it at any time.
My husband spent $10,000 on our credit card at a local strip club. If I go through with a divorce from him, am I liable for that debt?
Assuming you don’t approve of him going to the club and you didn’t go with him, you can make the argument that the debt is his separate debt since it was incurred for a non-marital purpose. The Court could allocate that debt to him and him alone. Keep in mind though that if it is a joint credit card, the…
My divorce judgment says that I am to have parenting time with my daughter on Christmas day. If my ex-husband refuses to give her back, can I call the police?
Generally, law enforcement will not become involved in a custody battle even if your documents indicate otherwise. You must file a Motion for a PickUp Order with the Court. Once the Order is entered, you bring the Order to Law Enforcement. They will then facilitate the return of your daughter. You also have the option of filing a Motion for…
Escambia County Parenting Plan
Escambia County Parenting Plan
Who gets the dog?
I’m asked quite frequently “Who gets the dog?” The truth- in Florida pets are treated as personal property. One party will receive ownership of the pet and the other will not. The other will not get visitation rights. The courts do however look at who bought the dog, who named it, who walked it to name a few of the…