Announcement

Collapse
No announcement yet.

please help...Florida

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • gobblerldy3
    started a topic please help...Florida

    please help...Florida

    I have a very long story that I will try to shorten as much as possible.My Brother was living w/ a girl. They broke up but still lived together and ending up producing my only nephew. Eventually he moved out. We (my family) had to beg her to give him our last name so she finally agreed to hyphenate. However, on all of his medical records etc. it only has her last name. They did go to court. My paents paid over $10,000 to a lawyer who didn't help him at all. He kept urging my bro to settle things through mediation which he did. However, he ended up basically signing his rights away. He works 2 jobs but when I went over his financial calculator recently(he went back to try to have it lowered which was refused) he should only be paying $350 a month where he pays over $800 now. He also pays 1/2 of co-pays on medical which he seems to get bills for every month and when he tried to have support modified, was popped w/ another bill for $500 for her attorney fees. His lease is up in august and he may have to relocate from daytona to gainesville. He is finding out that he also signed a paper stating that he cannot take the child (3 1/2 yrs old) out of the county till he is 7. He has visitaion now 2 hrs on tues and thurs evening and 1 overnight a month. He is supposed to start getting him every other weekend starting 6 months from orig court date (which he would start this month) and she told him that because he hasn't had him every overnighter (due to curcumstances beyond his controll) that they didn't start till august.He also has a $100,000 life insurance policy w/ her as the benificiary that he must keep. what kind of crap is that???We have never heard of having to maintain a life insurance policy in an ex-girlfriend's name. Her parents are very well off and she herself is a nuse and works for her parents. We feel that maybe my bro's lawyer was paid off or something. he was working more for her than him. He even told us that he would be better off settling things w/ a mediator than to go in front of a judge so of course my bro did whatever his lawyer recommended and got shafted. He doesn't mind paying, but this is rediculous. and what happens if he has to relocate. will he lose everything because he can't afford to go to daytona everyother weekend and get a hotel. If it weren't for family and friends now, he wouldn't have money to eat... Any help would be greatly appreciated. We don't know where to turn. She has told my parents they have no rights. They live in west palm and are disabled and she won't allow him to take him to see them. This is their only grandchild and my only nephew. We love him very much and are concerned for my bro. He is extremely depressed.

  • xena
    replied
    Originally posted by gobblerldy3 View Post
    Why does the life insurance policy have to show her as benificiary? I'm afraid (literally) that she may have him killed for the money. I don't put anything past her. He just told me that he just signed and agreed to pretty much everything his lawyer put in front of him whether he understood it or not. He just wants to be able to spend time with his son. His only child and it is costing him everything. My parents cannot make the trip to daytona much and she won't allow my bro to have his son if we are in town unless it's his ordered time. She is extremely uncooperative. We have no more $$ and don't know how we can get anything changed.
    The policy has to have the CP as benficiary. I fully understand your fears though. My husband's ex is a criminal who is capable of anything, so I know from experience that all your brother can do is be extra cautious to protect himself.

    To spend time with his son, your brother will have to either have the order enforced, or file for a modification.

    Your brother can file pro-se, here are some helpful links:

    Fl statutes, chapters 61 and 409 www.flsenate.gov/STATUTES

    FL Rules of Civil Procedure http://phonl.com/fl_law/rules/frcp

    FL Family Law Rules http://phonl.com/fl_law/rules/famlawrules

    Forms and other info www.flcourts.org

    I have to go to my daughter's now, I hope that these links will help and I'll be back on line next Sun or Mon.

    Leave a comment:


  • gobblerldy3
    replied
    Why does the life insurance policy have to show her as benificiary? I'm afraid (literally) that she may have him killed for the money. I don't put anything past her. He just told me that he just signed and agreed to pretty much everything his lawyer put in front of him whether he understood it or not. He just wants to be able to spend time with his son. His only child and it is costing him everything. My parents cannot make the trip to daytona much and she won't allow my bro to have his son if we are in town unless it's his ordered time. She is extremely uncooperative. We have no more $$ and don't know how we can get anything changed.

    Leave a comment:


  • xena
    replied
    Originally posted by gobblerldy3 View Post
    I have a very long story that I will try to shorten as much as possible.My Brother was living w/ a girl. They broke up but still lived together and ending up producing my only nephew. Eventually he moved out. We (my family) had to beg her to give him our last name so she finally agreed to hyphenate. However, on all of his medical records etc. it only has her last name. They did go to court. My paents paid over $10,000 to a lawyer who didn't help him at all. He kept urging my bro to settle things through mediation which he did. However, he ended up basically signing his rights away. He works 2 jobs but when I went over his financial calculator recently(he went back to try to have it lowered which was refused) he should only be paying $350 a month where he pays over $800 now. He also pays 1/2 of co-pays on medical which he seems to get bills for every month and when he tried to have support modified, was popped w/ another bill for $500 for her attorney fees. His lease is up in august and he may have to relocate from daytona to gainesville. He is finding out that he also signed a paper stating that he cannot take the child (3 1/2 yrs old) out of the county till he is 7. He has visitaion now 2 hrs on tues and thurs evening and 1 overnight a month. He is supposed to start getting him every other weekend starting 6 months from orig court date (which he would start this month) and she told him that because he hasn't had him every overnighter (due to curcumstances beyond his controll) that they didn't start till august.He also has a $100,000 life insurance policy w/ her as the benificiary that he must keep. what kind of crap is that???We have never heard of having to maintain a life insurance policy in an ex-girlfriend's name. Her parents are very well off and she herself is a nuse and works for her parents. We feel that maybe my bro's lawyer was paid off or something. he was working more for her than him. He even told us that he would be better off settling things w/ a mediator than to go in front of a judge so of course my bro did whatever his lawyer recommended and got shafted. He doesn't mind paying, but this is rediculous. and what happens if he has to relocate. will he lose everything because he can't afford to go to daytona everyother weekend and get a hotel. If it weren't for family and friends now, he wouldn't have money to eat... Any help would be greatly appreciated. We don't know where to turn. She has told my parents they have no rights. They live in west palm and are disabled and she won't allow him to take him to see them. This is their only grandchild and my only nephew. We love him very much and are concerned for my bro. He is extremely depressed.
    If the increased visiation was written into the court order, your brother can file to enforce the order if his ex refuses to follow the order.
    If it was not written into the order, he'll need to file for a modification of the order.

    Does your brother have a second family to support? If he does, FL law allows a NCP to have a second job and the income from the second job isn't used to determine CS.

    Fl also has a law that allows a court to order the NCP to carry life insurance, as a way of insuring the child's continued support if the NCP were to die.

    Unfortunately, FL doesn't have any Grandparents' rights laws so they will have to see the child during your brother's visitation time.

    I am going to be away from my computer for a few days, my daughter is having a baby, so please understand if I can't get back to you right away if you have further questions. Hopefully, someone else can answer them for you though.

    Leave a comment:

Working...
X