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Divorce Issues

Started by Barrow, Aug 07, 2004, 09:10:05 PM

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Barrow

I'm needing information for my boyfriend. He was married June 1997 and separated Jun 01, he had an attorney that was his uncle that was handling his divorce case. He stopped practicing law. This is out of Crestview, Florida. He has attempted to settle the divorce 6 times, there are 2 children involved. One of which is not biologically his proven through 2 paternity tests. The youngest has not had a paternity test done but there are questions. He pays 1250 a month in child support and is in the United States Army currently in Korea. We have a week old daughter. His wife/want to be ex wife fights the divorce or finds a loop everytime they go to court. She has requested counseling and all and after 4 years wants alimony, child support, benefits, money money money. He wants to relinquish his rights to the one child that isn't his and have paternity test done for the other child. Also she lives in government housing, receives military benefits, child support, is paid to go to school full time, daycare assistance, and somehow doesn't have to claim all this income when she requested more child support. One we need a lawyer in Florida that can handle this case and work something out financially where he can still afford to take care of himself and his priorities/family. Also someone to help with advice on how we need to go about making sure she doesn't get all this money. The military says she is getting almost 70% of his pay and is too much but JAG doesn't handle divorce cases. Where should we start?


Barrow

I'm needing information for my boyfriend. He was married June 1997 and separated Jun 01, he had an attorney that was his uncle that was handling his divorce case. He stopped practicing law. This is out of Crestview, Florida. He has attempted to settle the divorce 6 times, there are 2 children involved. One of which is not biologically his proven through 2 paternity tests. The youngest has not had a paternity test done but there are questions. He pays 1250 a month in child support and is in the United States Army currently in Korea. We have a week old daughter. His wife/want to be ex wife fights the divorce or finds a loop everytime they go to court. She has requested counseling and all and after 4 years wants alimony, child support, benefits, money money money. He wants to relinquish his rights to the one child that isn't his and have paternity test done for the other child. Also she lives in government housing, receives military benefits, child support, is paid to go to school full time, daycare assistance, and somehow doesn't have to claim all this income when she requested more child support. One we need a lawyer in Florida that can handle this case and work something out financially where he can still afford to take care of himself and his priorities/family. Also someone to help with advice on how we need to go about making sure she doesn't get all this money. The military says she is getting almost 70% of his pay and is too much but JAG doesn't handle divorce cases.
1. Where should we start?
2. How hard is it to give up his rights to the one child that isn't biologically his?
3. Is it legal that she doesn't have to produce her income at child support hearing?
4. Do you know of a lawyer in the Florida area that could handle this case?



socrateaser

>1. Where should we start?

Different States have different laws regarding whether a child born during a marriage is presumed to be the legal child of the father, regardless of the biological connection. You need to discuss this with a local attorney to determine if you are able to disafirm your paternity, or whether the kids that aren't actually yours will be declared legally your, whether you want them or not.

>2. How hard is it to give up his rights to the one child that
>isn't biologically his?

Impossible if the legal time limits for challenging paternity are not met, unless someone else wants to adopt the child and step in as legal father.

>3. Is it legal that she doesn't have to produce her income at
>child support hearing?

Depends on the State. If FL uses both parents income to determine guideline child support, then you are entitled to discover the other parents income related information. But, you need to demand production, and if you don't then you waive your right to discover.

>4. Do you know of a lawyer in the Florida area that could
>handle this case?

No, but I suggest that you find one fast.