Need some help in Florida regarding an attempt to modify a temporary order

J

Joslin

New Member
Jurisdiction
Florida
Hi, I have been here before and started out with an injunction that was temporary. It was dropped as without enough evidence (without any testimony)just as he had drinking buddies show up willing. I was served at the same time with paternity establishment and had to make a choice of accepting 6 weeks in the home or have him come barging back in. I have a written agreement for deed / use of the home that will cost 3-5,000.00 to enforce. I don't have it. I have no attorney and he does as he took all household funds. I filed a request with the court to modify the temporary extending house use and he filed a motion to enforce a week later. It has been 2 weeks on mine and a week on his. I have not heard anything. How do I find out and what happens if I DO NOT move out.? Any help would be much appreciated. Can he take our daughter if I have no place to go or if I must go to a shelter? She is terrified. What happens to anything I had to leave in the home?
 
If you were NEVER married, or you and he aren't married today, you can't legally establish a claim to continue to reside in HIS home if he wants you out.

Is that the crux of your issue?

If it is, save yourself time, effort, angst, and get out to comply wth the court order.

If that means you go to a shelter, then just go!!!

Being poor, or temporarily financially disadvantaged isn't a crime.

Being poor doesn't mean you're an unfit parent.

You won't lose custody if that is the MAIN issue.
 
That will be the main issue. There is much, much more to the house issue. I was basically grifted out of my home (one given up for this one) by this man. It is a long term relationship. I am financially disadvantaged at this point in time as I was allowed no work time over the summer while our daughter was out of school. I will have to address the house issue at some point down the road. Right now I just need to get our daughter and I settled into new living arrangements. I will be back for advice on the house agreement at a later date. It is a matter of principle.
 
Joslin said:
That will be the main issue. There is much, much more to the house issue. I was basically grifted out of my home (one given up for this one) by this man. It is a long term relationship. I am financially disadvantaged at this point in time as I was allowed no work time over the summer while our daughter was out of school. I will have to address the house issue at some point down the road. Right now I just need to get our daughter and I settled into new living arrangements. I will be back for advice on the house agreement at a later date. It is a matter of principle.
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I don't see you getting anything for the house he apparently snookered you into giving up, or using to allow him to finance (or otherwise acquire) the house he now owns alone!

The law doesn't redress morality or principle.

The law is as cold, heartless, uncaring, and unfeeling as the charlatan that conned, scammed, snookered, bamboozled, and abused you.

I see no legal remedy, unless the law in Florida considers equity.

Some states look to an equitable solution in cases similar to yours.

Unfortunately, you're not in IA, TN, SC, NC, TX, KY, VA, AL, MS, WY, or GA.

There are others, of course, I just recall them all at the moment.

As I recall, FL law doesn't seem as concerned with the principles of equity as the aforementioned states often do.

To be fair, equity has waned in civil trials after about 1935 as the states began adopting codes of civil procedure, rather than operating in law and/or in equity.

Now, everything else aside, HE (the beast and abuser) will be required to support the child.

I suggest you IMMEDIATELY pursue a child support case against him.

The state will help you do that, here:

Search Results

https://childsupport.state.fl.us/public/IntroductionRD.aspx

Florida Dept. of Revenue - Child Support Program
 

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