Duplicate--What is the appropriate motion?

[anabanana]

What is the name of your state? FL
(This is a duplicate of the question on General Family Law forum. This forum gets more traffic, though, so I'm just hoping poting it here will get some input a little sooner.)

I'm a pro se respondent in a custody suit. We got an order last year and I would like to get part of it changed. The Petitioner filed bankruptcy and I no longer want my name on a joint account that we're supposed to have to hold a little money that is for the kids' benefit.

Since we've shared custody equally for more than two years, and he's already stipulated that he kept all of the state adoption support payments, to the tune of more than $17,000, I want to just ask the judge to let us close the joint account and give me the $1800 in it, and further, to change the payee for the state funds from him to me. They are already earmarked for specific purposes each month now, so that's largely an administrative adjustment that won't affect anyone's cash on hand. But he's looking pretty crooked with this BK, so I'm just kinda leery and don't want the college payments to suddenly stop, or any other such thing, since he's presently in charge of the disbursements.

I don't know what kind of motion all that oughta be. To Compel? Any suggestions?

 

[I AM ALWAYS LIABLE]

What is the name of your state? FL



The Petitioner filed bankruptcy and I no longer want my name on a joint account that we're supposed to have to hold a little money that is for the kids' benefit.

MY RESPONSE: I'm not familiar with Florida law, but what is stopping you from emptying that account? It's a "joint" account, and if I'm not mistaken, you have access to that account. What's the scoop?




Since we've shared custody equally for more than two years, and he's already stipulated that he kept all of the state adoption support payments, to the tune of more than $17,000, I want to just ask the judge to let us close the joint account and give me the $1800 in it, and further, to change the payee for the state funds from him to me.

MY RESPONSE: Oh, I see. The judge has a "stop" order on the account. Okay, you'll need to make a Motion to the court, simply entitled "Motion to Close Joint Bank Account And To Allocate Funds Between The Parties."




They are already earmarked for specific purposes each month now, so that's largely an administrative adjustment that won't affect anyone's cash on hand.

MY RESPONSE: Ask the court, in your Motion, to make you the new administrator of the funds due to his Bankruptcy. Explain, in your Motion, what has happened with the State funds, and your further reasons (you didn't say) why you should be the person administering the funds.

With my lack of knowledge of Florida law, that's really the best I can do for you.

Good luck.

IAAL

 

[anabanana]

LOL!!!

Lord! That's a mouthful of a motion!!

Okay, I think I'm headed in the right direction. I just sorta wanted to make sure I was calling it the right thing, and I can read statutes and what-have-you, but jumping that procedural firewall is always a pain.

Thanks for your response.

....Oh, wait, can I just call it a Motion to Amend Order, since the original order established that he be the payee, that the account be set up, blah blah woof woof, etc? Would that do?

ana