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FLO - Florida Law Online
Florida Law Online Forum

Welcome to the forum and message board for Florida Law Online! Here, you can ask questions about and make suggestions for the FLO website. You may also ask questions pertaining to Florida law, but please bear in mind that many such questions are in effect requests for legal advice. (In that instance, you should call The Florida Bar's Lawyer Referral Service.) Do not be surprised if you ask a question and do not receive an answer.

FLO - Florida Law Online

  • Bankruptcy -- Valerie Gernaga, 09:50:14 06/30/06 Fri
    My husband and I are head over heels in debt for several years and have come to the conclusion that we have no other choice but to file Chapter 7 bankruptcy. We are getting ready to be taken to court. My question is this: We own our home and are current on making our mortgage payments. Our home is worth approximately $250,000. The balance on our mortgage is $100,000. We do have Florida Homestead exemption. Can our home be taken away from us or can they use the wquity in our home? There is no way that we can take out a home equity loan because we cannot afford to pay any more on our limited income.

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  • Florida law re: lockpicking tools -- craig, 22:15:19 09/22/06 Fri
    Hi.
    I am wondering if anyone knows where I can find out what Florida law is regarding possession of lockpicking tools.

    I know a lot of people pick locks as a hobby, and I find it interesting from a "MacGuyver" standpoint. (being prepared for the worst case scenario, etc.)

    It would be fun to noodle around with picking my own locks as a learning experience, BUT I don't want to break any laws!!!

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  • cheap wholesale -- cheap wholesale (cheap wholesale), 19:42:29 09/16/06 Sat
    Sure, I agree. But I also agree with this statement: Breathing is good, not breathing is bad.

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  • Foreclosure/Realestate/Title Policy -- Diane, 14:23:17 09/15/06 Fri
    Our House was refinanceed in 10/05. The broker promised to pay out Chapter 13 balance and the 1st and 2nd mortgage. The title company made a commitment to the the 1st mortgagae holder to pay out all mortgages liens and Bankruptcy Trustee. The 1st was not paid out now they are forclosing on us, the second and the trustee were paid. The title company made a mistake and admitted it to me by phone. The title companies have attorneys and just recently a AIG attorney was brought in. The last hearing the Judge did not feel comfortable callling for a final judgement under all the errors and confusion on this mortgage. She suggested we get a pro-bono attorney, we make to much for legal aid but not enough to pay huge fees. IT was suggusted that we cross claim. What kind of attorney do I need really, a realestate, foreclosure or personal injury?

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  • Attorney -- Michael D. Stewart, Esq., 13:04:46 09/14/06 Thu
    PRACTICE AREAS

    Business Law
    * Choice of Business Entity
    „« Corporations
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    „« Uniform Domain Name Dispute Resolution Procedure
    „« Licensing and Assignment
    * Entertainment Law
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    * Technology Law
    „« Software Licensing Agreements
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    Personal Injury
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    Wills, Trusts and Estates

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    „« Divorce ‘V contested and uncontested
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    Real Estate



    Michael D. Stewart, Esq.
    335 S. Biscayne Blvd., #UPH00
    Miami, Florida 33131
    1-954-778-1181 Telephone
    1-866-438-6574 Toll-free
    1-866-380-8986 Facsimile
    midstewart@gmail.com
    michaelstewartlaw.com

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  • Fort Lauderdale Criminal Defense Lawyer -- Bradford, 17:23:17 09/08/06 Fri
    Fort Lauderdale Criminal Defense Lawyer Bradford Cohen. Trial experience in both State and Federal criminal courts. Legal expert called upon by NBC, Court TV, Celebrity Justice and Fox News. The lawyer the NY Post called "articulate and agressive".

    Available around the clock 7 days a week for all you criminal defense matters. 954-523-7774
    www.crimdefend.com
    www.crimdefend.com

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  • Tenant abandonment. -- David, 06:52:03 09/05/06 Tue
    what are florida's laws on tenant abandonment?

    im in an odd situation, me and 3 other friends came down to FL from VA to stay with 1 of the friends dad (the renter)till we could get on our feet. he had to leave for a week to attend personal buisness out of state, and the day after he left the electricity in the house (which we found out was in the landlord's name, and had not been paid) was turned off. so we go to stay with another family member till our friends dad could get back to get the electricity turned back on. so a week passes, and we left most of our property in the rented house. upon going back to the house we find our stuff had been removed, and No Tresspassing sings placed up. A polk CO sheriff's deputy shows up and tells us that our property has been seized and is being stored by the Landlord, and the only way to get it back is to sue. Also my vehicle was left on the property, and was broken into (the landlord admitted he was the one who did so) and the back seat torn out so he could get into the trunk. and the Deputy said there was nothing i could do about the vehicle or the seized property (value of around 30 grand), does this sound right?

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  • probate -- jo, 22:34:57 09/02/06 Sat
    can u request a jury on a probate fight in fla.?

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  • how to change your childs last name if you where never married -- Leslie, 17:44:16 09/02/06 Sat
    My 13 year old son wants to change his last name to my husbands,I have never been married to his father and he does not pay child support,and recently he tackled my son when my son and his fathers wife had a disagreement and I called the police the States Attorney may press charges,can I revoke his parnetal rights at the heraring if this happens

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  • Palimony -- Marty, 10:23:12 05/15/06 Mon
    My situation is confusing to say the least.
    My girlfriend and I made investments together.
    She is and investor she buys and rents out property.
    I am a very handy guy who was in love and thought nothing of doing all maintenance on the properties; we even bought two properties from auction and remodeled them. One was sold and the other is still a very good moneymaker.
    During our nearly 6 years together I lost my job and had a choice of leaving the state to work or staying with her and changing careers.
    Before I could find a new career she had me busy fixing up all the apartments and remolding a few she bought.
    All the while she was telling me how it was for our future and retirement together. I asked her to marry me many times telling her I need something to protect my invested time an effort. She told me that marriage would ruin our relationship sighting that people get married and the relationship goes down hill.
    But I stayed after her to do something to protect me. I even wanted to keep record of all my work and she refused telling me some bull that if I need to keep record, what kind of relationship was that. Like I did not trust her or something. Well I spent 3 long and hard years working hard for what I thought was our future. I guess my frustration of not feeling comfortable with the relationship caused me to not want to do any more work for her. She never could understand my reasoning for wanting either a marriage or a co-ownership of the properties I work so hard to keep up.
    Now we have split up and I get no compensation for all the work I did. I truly want the relationship to work out but I don't think it will. I feel used and taken advantage of.
    I have been searching for some sort of advice as to what I can do to try and recover 3 years of hard work and several more years of day to day taking care of small problems on her properties.
    Is there any thing I can do?
    Am I entitled to a split or Palimony I think it’s called?
    Should I put leans against all her properties and if so how and what type of lean can I put on her property.
    I feel like I deserve something.
    I lost 3 years of work due to the fact that she threatened if I left to work out of town we could not have a relationship. I elected to stay by my own choice because I did not want to lose her. She acquired most of her property while we were together and I played a big role in her buying about 4 of them, not financially but because I could remodel them and get them into livable condition.
    Yea she paid the bills but I save her lots of money on investments that will make her worth more than a million dollars in just a few more years.
    Is there hope or am I a sucker?

    Marty

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  • Landlord/tenant law/eviction -- Sue, 00:10:13 08/26/06 Sat
    We live in an extended stay unit and pay rent monthly. We pay our own electric, cable and phone. The landlord says that he can throw us out in a moments notice without going to court. The police say that once we establish residency (having electric in our name) he must go to court to do this.
    What is the legal eviction process???

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  • UNJUSTLY PROSECUTED?? -- JMP, 11:57:14 08/25/06 Fri
    *!* What can be done if a person is unjustly prosecuted and harassed by the courts in Florida?

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  • car -- Joe, 10:20:33 08/25/06 Fri
    My son was out one night with friend and stopped in front of someone else house, and his friend got out and try to break a car window when he saw this he told them not to do it and that he was leaving, they got in his car and at the next corner police arrested them and took his car away, the police found on his car screwdrivers and gloves, even he was not identified by the owner of the car the police doesn't want to return his car which is in my name too (parent) and still making payment on it. Should I call the bank and tell them what is going on with the car and maybe they will get the car back from the police.

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  • visitation -- Jay, 10:12:47 08/25/06 Fri
    My son (20yrs. now) has a baby (4months) with his girlfriend (17yrs. now)but her mother don't want her daughter with him or see his daughter. We live in Florida and would like to know what to do with his right as a parent.

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  • claim of lein -- katherine graham, 17:12:39 08/01/06 Tue
    My home owners association has placed a lein on my house. The question I have is there an owed amount that must be reached before placing the lein. (I am one payment behind of $270) Can they also fore close on my house for this? I am on disability and I am truly trying to keep up with my bills. Thanks for any help in regards to this matter. kg

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  • Re: Forida- Statutory rape laws: HELP!!!! -- Margarita (Worried), 09:46:58 08/05/06 Sat
    My daughter (15 years old) is having sex with her boyfriend (16 years old) Is this illegal under Florida Law? What can I do to stop this?

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  • House Deed and Son -- Charlene ("What to do?"), 11:28:22 08/16/06 Wed
    I'm refinancing my home during financial distress times, and my Son is the only heir. I want him to inherit the house to avoid probate or total loss, but not sure I can trust him with the rights that the Deed with give him. Is there a way that I can see that the house is turned over to him upon my death, but give him no rights until then. If he is on the Deed, but pays nothing for the home, does he have the same rights as myself?

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  • Is new owner responsible for past owner not seeking proper building permits? -- Andrew, 22:10:01 08/15/06 Tue
    My brother owns a home in Pasco County, and is being fined by the city for the previous owner not obtaining building permits to have a spa and new garage door installed. The garage door is at least 8 years old as that is when the company stopped making them, and the spa may be as old as 20 years. My brother has owned the house for only 2 years. He also came home from work this past Friday and found a chain link fence around the spa, but no notice or message about why or who put it there. He took it down and is now facing $1,000 fine for removing the fence. It was on this Monday that formal notices were left at his home. What recourse does he have?

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  • landlord liability -- jenifer, 23:05:56 08/14/06 Mon
    In Florida is a landlord responsible for damage to personal property if he does not remove a dead tree limb? We told our landlord about this problem 2 months ago and the limb fell into the power lines and fried our electronics. Is he responsible for the replacement of our belongings?

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  • Living Situations -- Jaye Madden, 18:26:58 08/05/06 Sat
    I was recently reading through the Rules and Regulations of my university's housing department, and I came across this statement regarding guests, and co-ed living arangements: "Finally, certain State of Florida laws regarding non-marital living situations may also be applicable depending on specific situations." Of courss it is common sense, but does anyone know if there actually are such laws? Any insight is appreciated.

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  • Getting ex off car title -- exfriend, 20:25:49 07/11/06 Tue
    a few years ago , refinanced a car with now ex. In trying to trade car in found out ex is on title. How can I get them off the title?

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  • Re: Florida condo laws -- Bernard A Veglia (help), 16:54:08 07/22/06 Sat
    Please
    Is there a law that states the association is responsible for the unit from the paint into the exterior?And the unit owner is responsible for the paint out.
    Thank you
    Bernie

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  • imancipation -- becky, 01:11:25 07/12/06 Wed
    my son is 16yrs old, he has failed 9th grade 2 times and will be entering 9th grade for a 3rd time, he has been doing illegal drugs and drinking, he has had 2 jobs and quit them both to just go hang out with his "so called" friends, he has physically abused me and his father could care less about him or my other 2 girls, my son was arrested for domestic violence and battery agianst me, and no i am not the one who called the law, my 12yr old did when i was being thrown around my house! he want's to be imancipated, basically he is a 16yr old throwing a temper tantruam because he's not getting his way! what would be the chances of him getting imancipated here in florida? doesn't he have to prove that he is capable of staying in school with passing grades? have a job? i have talked to the parents of these " so called" friends and they have told me it's ok for him to spend the night every so often - but they don't have the room nor can afford to feed another child!

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  • horses stolen -- arrianna, 03:21:41 06/05/06 Mon
    My horses have been stolen; I know by who. How do I file a civil theft lawsuit? I cant find "how to" or forms anywhere. Already searched Myflorida site.

    Thanks!!

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  • Eiction Intention -- Esnett Williams, 12:05:48 06/27/06 Tue
    What are the necessary step to take if am to evict my husband due to financial, emotional and psychological abuse?

    Please inform me ASAP

    Thank you!

    Frustrated (wife)

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  • Non parent /parent responsibility -- Keith Newman, 09:47:52 07/02/06 Sun
    My girlfreind has a seventeen year old son that refuses to do anything - he hill not go to school, he will not clean, he is just about as worthless an individual can be. He is vulgar and curses is mother relentlessly. She is afraid of him. I have no desire to get into legal trouble. Is there anyway that I can get rid of him. HELP

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  • Deceased with no will -- freda burgess, 21:31:02 06/30/06 Fri
    Our 25 year old son died in May 2006. He did not have a will. He is survived by both parents and older brother. What do we do with his property? Thank you, freda

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  • No will, sale of house -- Jennifer, 16:02:16 06/30/06 Fri
    If someone dies and they do not have a will, who gets their house or the proceeds from the sale of the house, the surviving spouse or the children?

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  • Condo charges -- Becky Hibberd, 09:22:52 06/18/06 Sun
    Our newly formed condo association has decided to charge non-resident owners who rent their condos a $1,000 fee for future damage done by tenants. I contend that all owners, resident as well as non-resident, should be charged this fee because damage to common property is not exclusively done by tenants.

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  • Electronic Vehicle tracking -- Katrina, 22:37:47 06/13/06 Tue
    I need to know the florida statute that covers Electronic Vehicle tracking. "GPS" ASAP

    Thanks for your help!!

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  • vehicle immobilization -- julie, 18:36:38 06/03/06 Sat
    is it legal in florida for a towing company that specializes in private property impounds to use a wheel boot to immobilize a vehicle that has parked (ignoring posted tow-away zone signs) on private property????

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  • Check time limit -- Tim, 09:58:05 06/01/06 Thu
    I am holding a check which was given to me back in July of 2004, which was returned to me by the bank. The person who wrote the check still has not paid me. Can I still take this check to the state attorney for collection even after almost two ywers have passed?

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  • Obstruction of Law -- Jonathan, 18:06:28 05/22/06 Mon
    A friend and I found a speed trap in our neighborhood and out of boredom we decided to go a block down and hold a sign that said 'speed trap'. They found us and lectured us about obstruction of law and told us they would be calling us. They did call but since I'm 19 the officer gave my parents his name and a 4 digit number to 'call back'. I tried the sherriff's office and the receptionist said she couldn't help me if I couldn't give her a first name and she said the number didn't mean anything to her. Considering I went out of my way to reach the officer, is there anything I should worry about or just assume he is trying to scare me and let the whole thing go?

    (they didn't give us any citations, just took down our information and called our homes)

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  • emancipation of minor -- alex, 13:16:32 05/04/06 Thu
    where can a minor go to become emancipated? will anyone please help? I am in an abusive situation and need to be able to get my own apartment as I have an income and attend school but no landlord will do so since I am not an emancipated minor. Please someone point me in the right direction with what to do.

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  • Statutory Rape -- unknown, 10:15:42 05/16/06 Tue
    I am 25 years of age and I met a young man when I was 23 years old. We began dating when I was 24 and he was 17. His parents are not trying to prosecute me for anything, but he and I have been broken up for about a month now. I found out that I am pregant with his child. He turns 18 in just 2-3 days and I would like to ask a questions. He is talking to a lady right now. If I have this baby and he is 18, can she try to make trouble for me and try to tell authorities that the baby was concieved when he was 17? Will anything happen since the young man, nor his parents are trying to prosecute?

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  • dog liability -- Kay, 16:42:00 05/13/06 Sat
    Two weeks ago, my large sized dog (pyrenees mix) accidentally got out when my son went outside to play. It quickly saw a neighbor walking his small poodle and jumped on top of the dog. He did not bite him, but the dog sustained muscle soreness in his neck from trying to get away from my dog.

    I accompanied the young couple to the vet and paid over 100 dollars for x-rays and medicines (muscle relaxers) for the dog. The x-rays showed all skeletal was fine.

    10 days later, they were at my door with another vet bill, saying there was an abscess that had to be drained. We called the vet, who said she doesn't know if this came from our dog, that it is "possible", but she can't be sure.
    One problem I have with this, is that I happen to know that this dog had an abscess removed from inside his mouth 6 months ago. Also, the abscess is further down his back, away from the neck injury.

    My question is, "to what extent are we liable for a "possible" liability".

    Does anyone have any advice as to how to handle this?

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  • Revocation of Life Estate? -- anonymous, 19:12:18 05/17/06 Wed
    Is it possible for a personal rep. of an estate (also the remainderman) to persue revocation a life estate of a person that is not a spouse? Under what circumstances can this be done? Is there any specific information/examples online that I may read? Thank you.

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  • termites -- B. Bernard, 15:29:06 05/11/06 Thu
    I own a condo in Jacksonville Beach, FL. I have been expierencing swarming termites for a week. The association was notified immeditaley upon noticing the termites. A pest control service was sent out 4 days later and only treated the affected area. No additional treatment was applied to the rest of the building, nor was my unit checked by the pest control service for additional damage. The termites are still present a week later. The association has been informed and nothing else has been done at this point. There has been no further treatment for the problem. Is there any action that I can take reguarding this situation of negligence?

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  • QUESTION FOR A LAWYER RE ALIMONY PAYMENTS -- JOHN, 16:16:34 05/08/06 Mon
    IS IT TRUE THAT THE STATE OF FLA. DOES NOT ACKNOWLEDGE ANOTHER STATES ORDER OF PAYMENT?

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  • Mineral rights -- Antaeus Balevre, 11:35:15 05/04/06 Thu
    I own some land in Myakka city. My deed says that I own half of the mineral rights.
    I have been told that this means that they can’t mine the property without my permission. Is this true? Or does it mean they can mine the land without my permission, but I get half the profits?

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  • Giving up parental rights -- Eliza Richards, 08:11:20 05/03/06 Wed
    I have a son by a man who is not my husband, he claims I trapped him into having a baby. I now understand he is giving up all parental rights to my son. I was told if he does this he does not have to pay child support and he does not have to contribute anything to this child's life? By the way we both live in Florida. Is this a true statement?

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  • HEALTH CARE -- REBECCA HARRISON, 15:15:13 05/01/06 Mon
    I need to know the legal ramifications re: consent for psychiatric medications in the MR population. What is the role of a Proxy, if any? I deal with legal guardians and guardian advocates in my work, but the issue of a proxy has surfaced as being a viable option instead of seeking court approval, when either of those are not available. I am not a lawyer and our facilities Attorney is not sure either.
    Also where is the site that I can obtain an actual copy of the Baker Act?
    Thank you

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  • Child Abuse -- Scott, 18:39:01 04/22/06 Sat
    What are my rights to protect my child from being interviewed by "Child Services"? My wife and I told a friend about some inappropriate behavior by her 7yr old daughter toward our 4yr old son that we thought she should know about. Today child services showed up at my door wanting to interview my child about his "private parts". He was not home, but I told the worker that we have already spoken to his Dr. who advised us to watch for any behavioral changes in our son and go from there, and that we would not consent to an interview. The worker let us know that she would be back with a uniformed officer to do the interview, FOR WHICH WE CANNOT BE PRESENT!!! So much for doing the right thing...We tell our friend out of concern for her daughter and what do we get? Screwed by the System. Any suggestions would be welcome. What type of attorney should we seek. What does the law say? Can we really not protect our son?

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  • emancipation of minor -- Alex, 11:55:50 04/20/06 Thu
    How does a minor become EMANCIPATED in Florida (Broward County)? Please help!! Thank you.

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  • homeowners association -- norm.poole, 10:38:17 04/20/06 Thu
    what is marta and what is a quorum how do you vote for this.

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  • Debt -- Valerie, 15:14:36 04/18/06 Tue
    My husband and I have been head over heals in debt for several years, but bankruptcy is out of the question for us. My husband is on Social Security. He's also under the care of a psychiatrist and a cardiologist. I stay at home and care for our 2 year old grandchild. Having said this without going into all of the fine details, my question is this: Can the collection agencies, if they get a judgement against us (nothing has gone this far yet), garnish my husband's social security check (which is not much to begin with)? We made some HUGE business mistakes and we do not have the money to pay anyone; we are living day to day.

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  • Child Custody issue -- John, 03:42:01 04/17/06 Mon
    I'm an active duty father stationed overseas. My son is a Fl resident and has a problem. He and his wife have been living apart for about 4 years. They have two sons. Both live with their mother, who now lives with another man. My son and his wife do not get along and cannot agree on visitation for him and the children. He is only allowed to visit with them when convenient for the mother. What should he do to ensure visitation and block any future attempts at adoption?

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