Marquez-Kelly Law

Under Florida law, guardianship pertains to the management of the affairs of someone unable to manage his or her affairs. Customarily, a court orders guardianship on behalf of someone who is called a "ward" of the court. A guardian then assumes the rights of the ward to make decisions about many aspects of the ward's everyday life. A guardian is obligated by ethical and statutory rules to make decisions in the ward's greatest interest. This involves the exercise of the legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals. A guardian, therefore, is the surrogate decision-maker appointed by the court to make either personal and/or financial decisions afore-cited individuals. It can be an individual or institution, such as a bank, appointed by the court to guard over the person only, property only, or both person and property. A ward, on the other hand, is the subject of the guardianship. Florida law demands the cou...

The parents have the legal obligation to provide support to their children even if the parents are divorced because the well-being of the child is their utmost obligation.  The determination of the fair payment of money for the child support claim is in accordance with the Florida child support guidelines and the Florida Department of Revenue, on the other hand, supervises the Child Support Enforcement Program. The enforcement of the child support claim is basically imposed until the child’s 18th birthday, provided, the latter has already completed his high school education and not in any way incapacitated.  In the event that the non-custodial parent deliberately refuses to pay after the State has already taken the appropriate measures, the court may hold the defendant in contempt. In such a case, the non-custodial parent may suffer imprisonment until the child support amount is paid.  The court may also suspend the non-custodial parent’s Driver’s ...

Deciding to change child custody in Fort Myers? How often can you modify child support on Fort Myers, Florida? The court in Florida always favor for the stable living arrangement of a child. As much as possible modification of child custody is not supported unless, there is a major change in circumstances that will give the child the best interest for the modification. If you are considering to change or modify custody of your child it is best that you contact a  child custody attorney, Marquez-Kelly Law .  In order to  modify child custody both parents should agree on the modification. It is a unilateral decision. If parents don’t agree to the terms you have to ask your attorney and file a petition to reopen for the modification of child custody and need to state why you want a change in custody. There should be a substantial and major change in circumstances if you want your petition to be approved. The court always makes sure that it is for the child’s best int...

Any child support attorney can tell you that child support Fort Myers FL  payments are meant to respond to the expenses of raising a child or children. By law, both parents must provide for the child or children, but how do you come up with the calculations for  child support ? Going to Marquez-Kelly Family Law, a  child support attorney  can help you and your spouse in determining the right amount that should be given for child support. First, you must distinguish the majority parent and the non-majority parent. After that, the amount of child support to be given by the non-majority parent will be solved based on his or her income. What do we mean by “ income ” in terms of child support law? Income may include salary , wages , commissions , overtime payments , work bonuses , tips , business income , corporation or partnership income , compensation benefits and other possible sources of monetary income . Allowed deductions include health insurance fo...

What is the importance of paternity acknowledgement under the laws of the Sunshine State? Possibly one of the most important - if not the most important – reason why  legal paternity  must be established is financial consideration.  Establishing paternity means a mother can receive child support for any offspring out of the union with the known father.  Paternity Fort Myers FL  lawyers would agree that this is essential before you can even file for support. In addition, the father must now include the child in his the personal health insurance and other governmental support.   Besides support, there is also the concept of inheritance. Being recognized, the child can have a legal claim to inherit the father’s estate, if  legal   paternity  is established. Not processing this can result to denial of opportunities for the child. Besides financial considerations and the matter on inheritance, establishing the fraternity paves the way for ...

Are you thinking of getting a  legal separation attorney  in Florida? Most people often ask  legal separation Fort Myers FL  lawyers about the process of filing legal separation instead of a divorce. However, if you are planning to this, you must know that there is no formal right to a legal separation in Florida. Legal separation is absent in the law books of the Sunshine State. There are only six states that do not recognize  legal separation : Delaware, Mississippi, Texas, Georgia, Pennsylvania, and Florida. It really pays to know about the law, because ignorance of the law will not excuse you from facing the consequences. Knowing that Florida does not have legal separation will allow you to consider other options. Marquez-Kelly Family Law Attorney will go over all your options with you. If you and your spouse really want to legally separate, there are ways to address this. Since there are no legal separation proceedings, you can file an action to dem...

Signed before or after matrimony , a prenuptial agreement or  postnuptial agreement , respectively, is a prudent way to prepare for the future, especially today when divorce has become a more acceptable and convenient solution to an irreconcilable marital conflict . However, no matter how perceptive the agreement is, its terms and conditions are restricted to concerns foreseen and laid down beforehand. These agreements require full financial disclosure of the assets and liabilities of each party and each party’s acknowledgment of the same. Addendums may be added depending on the laws of the State of Florida and the terms of the agreement. A prenuptial agreement Fort Myers couples with little to no existing and inheritable or receivable assets will need to asses future possibilities , while couples with considerable existing properties or expected inheritance would find a prenuptial agreement Fort Myers of paramount importance. This agreement can protect...