Legal Question in Family Law in Florida

Re: financial affidavit

His filing of a cross motion should not delay the hearing or your opportunity to compel disclosure. Press on with the hearing and request attorney fees. He will be able to delay for a while but the key date will still be the filing of the petition. If his income is substantially greater than yours, he should pay attorney fees. You would then be advised to hire an attorney.

Re: financial affidavit

I disagree with Mr. Martin. Frankly, there may be a better and faster way to resolve your problem.

In Miami-Dade County and in Broward, you can file ex parte motions to compel. There is a standard set of the First, Second and finally a Motion for rule to Show Cause. The Motions are mailed in or dropped off at the judge's chambers and considered by the Court ex parte (without the other party having the opportunity to respond). The Court will enter an Order based on the pleadings alone. I have had much success in using these pleadings in order to expedite a case.

If you have access to a fax machine, you can telephone my office and I will fax a copy of the pleadings to you at no charge. I do not believe that any judge will award you attorney's fees at an upcoming hearing if you are not represented by an attorney. Good luck.

Scott R. Jay, Esq., 305-249-8000