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Questions Answered by Mr Eric Klein
3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Is it possible for me to file for modification of child support on my own without a lawyer in Florida?

I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... View More

Mr Eric Klein
Mr Eric Klein
answered on Dec 28, 2022

There is nothing a lawyer does that you cannot do for yourself; therefore, you may represent yourself in court. There are forms you can purchase at the courthouse or online. You may wish to also consider Googling form preparers who can assist you with filling out the forms, but they cannot provide... View More

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1 Answer | Asked in Divorce for Florida on
Q: Does mother have to be informed of where the father is taking his 18yr old children for vacation
Mr Eric Klein
Mr Eric Klein
answered on Nov 23, 2022

Once you are 18, you are emancipated. With this in mind, no you do not legally need either parent's permission to travel with the other. Good luck!

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife moved our two daughters without my consent to Maryland from Florida. What is my right?

My wife moved the kids from our home in Melbourne, Florida without telling me. I am still providing financial supporting to the kids. The kids are 7 and 5 years old. My wife told me that she enrolled the kids in a school in Maryland without my consent. What are my rights and responsibilities?

Mr Eric Klein
Mr Eric Klein
answered on Aug 18, 2022

Hire an attorney. The attorney will go into court and file an Emergency Motion for Pick-up. You could have the kids back with two to three days. Good luck!

3 Answers | Asked in Divorce for Florida on
Q: Do we need to live separately before filing for divorce in Florida
Mr Eric Klein
Mr Eric Klein
answered on Aug 15, 2022

As Florida is a no-fault divorce state, there is no need to separate prior to filing for dissolution of marriage. Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: HOW DIFFICULT IS IT TO CHANGE A FINAL DIVORCE SETTLEMENT FOR CHILD VISITATION WHEN MY CASE WAS FINALIZED IN DEC 2021

I LIVE IN NYC AND MY EXWIFE AND KIDS LIVE IN TAMPA AND HOW MUCH TYPICALLY IS A RETAINER FEE FOR THIS SERVICE

Mr Eric Klein
Mr Eric Klein
answered on Jul 6, 2022

It is very difficult. You would have to prove a substantial change in circumstances and prove that it is in the best interest of the child to relocate. If your spouse puts up a legitimate fight, you should expect to pay a good, seasoned lawyer about $15,000 to $40,000. Good luck!

2 Answers | Asked in Divorce for Florida on
Q: How do I get a divorce when I live in Florida, and my spouse is incarcerated in an Oklahoma prison.

All 3 of our children are 18 and older. We have no property or any type of assets that need to be split. I have not had any contact with this man in 6-7 years and I just don't want to have anything else more to do with him. He has also cheated on me during our marriage and supposedly had 2... View More

Mr Eric Klein
Mr Eric Klein
answered on Jun 21, 2022

The only difference between this situation and others is that your husband is incarcerated. To get a divorce, file papers as you normally would and serve him with the papers. The service of process part is probably what you are concerned about. You simply file the papers here in Florida and hire a... View More

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: I have a divorce case out of Texas back in 2020, but have resided in Florida with our child since 2019.

What state holds jurisdiction if I were wanting to modify the child custody arrangement?

Mr Eric Klein
Mr Eric Klein
answered on Jun 6, 2022

Florida.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My parents are divorced and have dual custody over me, can I ask my dad if I could stay with my mom on certain days?

So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... View More

Mr Eric Klein
Mr Eric Klein
answered on May 20, 2022

I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... View More

2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: I received a letter about an unlawful detainer but i'm not too sure what it means.

The letter states:

"I am writing to inform you that i am revoking my consent for you to live in, or use, the property at *Address*. Therefore on or before May 9 2022 or 15 days from the date of this notice, You are hereby notified to vacate the premises. Since there is no rental or... View More

Mr Eric Klein
Mr Eric Klein
answered on Apr 27, 2022

Think of an unlawful detainer as an eviction. An unlawful detainer action is brought against someone living on the premises where there is or was a relationship between the person who owns or rents the property and the person that they are in a relationship with. It could be a boyfriend/girlfriend,... View More

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2 Answers | Asked in Divorce for Florida on
Q: How does a judge decide who gets the house when you get a divorce?

My husband and I bought a house together a few years ago. I have my 2 kids from my first marriage, they live with me full time. He has his kid from his 2nd marriage which is here part time. He keeps telling me to leave because I dont like how he treats my kids. Yet he wont divorce me. If we get a... View More

Mr Eric Klein
Mr Eric Klein
answered on Feb 24, 2022

The judge would simply order the house sold and have the realized funds distributed equitably. Good luck.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, My spouse and I are near the end of our divorce process with just one last item to negotiate. We have a marital

home where the mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he wants to stay in the home and buy me out.

The problem: He'd like to use the appraisal value, but I'd like... View More

Mr Eric Klein
Mr Eric Klein
answered on Feb 15, 2022

Although you’re asking what the judge would use to make a ruling, strategically, you should come up with an agreement between you and your spouse. I agree with you, that appraisals are not keeping up with the market. Further, a BPO, although somewhat accurate, cannot accurately make a judgment of... View More

1 Answer | Asked in Divorce for Florida on
Q: Married 8 yrs living in S Florida would my husband be entitled to my 401K/savings?
Mr Eric Klein
Mr Eric Klein
answered on Feb 14, 2022

To answer your question directly, yes. But only to that part that accumulated during the marriage. Take a look at the balance of the account on the date of your marriage and the balance today. Subtract the two. If you were to file for divorce today, he would be entitled to 1/2 of the appreciated... View More

3 Answers | Asked in Divorce for Florida on
Q: married 8 yrs Need to get a divorce due to irreconcilable differences, cruelty and verbal and mental abuse

Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.

Mr Eric Klein
Mr Eric Klein
answered on Feb 14, 2022

As Florida is a no-fault divorce state, there would be no penalty if you were to move out of the marital residence. Abandonment is no longer a recognized consequence of vacating the marital residence. Good luck!

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3 Answers | Asked in Divorce for Florida on
Q: Does your office help with alimony in divorce case
Mr Eric Klein
Mr Eric Klein
answered on Jan 31, 2022

Yes.

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2 Answers | Asked in Divorce and Child Custody for Florida on
Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?

The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?

Mr Eric Klein
Mr Eric Klein
answered on Dec 16, 2021

You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or... View More

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2 Answers | Asked in Divorce for Florida on
Q: I would like to know my rights as a grandmother

I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care.... View More

Mr Eric Klein
Mr Eric Klein
answered on Aug 25, 2021

Unfortunately, Florida does not recognize the rights of grandparents whatsoever. Under the Florida constitution, parents have an absolute right to privacy to raise their children anyway they see fit so long, of course, as a child is not harmed in anyway. As a grandparent, the only rights you have... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My last question really wasn't answered. Is it standard to have a parenting plan cover 6 mo in advance or a year?

Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?

Mr Eric Klein
Mr Eric Klein
answered on Aug 11, 2021

I like to do a parenting plan that covers timesharing until the child is 18 years old.

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4 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

Mr Eric Klein
Mr Eric Klein
answered on Jul 1, 2021

The first thing you need to do is to refinance the house so that you can remove your ex-husband from the mortgage. The title agency will prepare a deed for your husband to sign at the time of the closing of the refinance. If he refuses to cooperate, you will have to file a motion to enforce the... View More

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4 Answers | Asked in Divorce and Immigration Law for Florida on
Q: Can I get divorced in Florida?

My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?

Mr Eric Klein
Mr Eric Klein
answered on May 26, 2021

You ask a very good question. So long as you have been a Florida resident for at least 6 months, you can file for divorce in Florida. Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: How does someone who is pro se request a court reporter?

Florida divorce case

Mr Eric Klein
Mr Eric Klein
answered on May 5, 2021

Simply call a court reporting service and make your request. You should be able to locate a court reporter through Google. Good luck!

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