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Questions Answered by Scott Michael Weiss
3 Answers | Asked in Family Law and Child Support for Florida on
Q: If a clerk of the court/staff liable for damages resulting from inaccurate account maintenance?

Would a clerk of court/staff be liable for monetary damages stemming from over a decade of inaccurate account maintenance?

The child support account in question was initially given a satisfaction of judgment and closed after the child reached majority. However, after a inquiry for... View More

Scott Michael Weiss
Scott Michael Weiss
answered on Apr 4, 2019

If there was a mistake made by the clerk about the amount of child support owed, and you can clearly show that the clerk was in error, you can ask the Court to order the clerk to correct the child support ledger.

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1 Answer | Asked in Family Law and Education Law for Florida on
Q: Can I fight for custody of my 11 year old son and have him returned to Florida?

My 11 yr old on was removed from the state of Florida 2 years after court visitation was in place. He moved to Missouri. Since the move I am missing every other Thanksgiving or Spring break. Moreover, this summer I will lose over a month of visitation. He moved with no consent or court order. I... View More

Scott Michael Weiss
Scott Michael Weiss
answered on Jun 19, 2018

A lot of this depends on what court orders are in place , and what if anything has been filed in the past 2 years.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If I am the parent with the child, what is the maximum distance I can, legally, live from other parent in Florida?

(Family Law)

Scott Michael Weiss
Scott Michael Weiss
answered on Jun 19, 2018

Is there is Final Judgment in your case? You are allowed to relocate within 50 miles of your place of residence at the time of the Final Judgment. The 50 miles is "As the crow flies" and not driving distance.

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: If we are looking to do a step paren adoption And the biological just filed that he’s not her dad what can we do??

He has not seen her in 5 years and has been on meth and homeless for the past 2 years. He filed he’s not the dad but we want to do the step parent adoption because my husband has taken care of her the entire time. Can we avoid the paternity part with this situation?

Scott Michael Weiss
Scott Michael Weiss
answered on Feb 6, 2018

You need to file a petition for stepparent adoption and have the biological father sign the consent and waiver.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: father has primary residential parent and I have every other weekend on parenting plan from 10 years ago. now..

He allowed them to come live with me last year. They having been living with me and going to school with me almost a year now. We never changed the original parenting plan, but I don't want him to think he can just take them back anytime he wants now? Could this happen? My daughters are 10 and... View More

Scott Michael Weiss
Scott Michael Weiss
answered on Feb 6, 2018

Unless, there is a Court order modifying the parenting plan, he has the right to enforce the current parenting plan at anytime.

2 Answers | Asked in Family Law for Florida on
Q: I live in another county from the father, what can I do to have court held in the county i live in?
Scott Michael Weiss
Scott Michael Weiss
answered on Feb 5, 2018

What type of case is it? Has the case already been filed?

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Father has not seen child in almost 4 years. His decision, Parenting plan he was suppose to get her summers and winter

I’m now filing for child support, so he filed an contemp and wants make up time for not seeing her. I live out of state. Will the Judge allow this, since it was his choice to not see her. She is 14 now and does not want to go.

Scott Michael Weiss
Scott Michael Weiss
answered on Feb 5, 2018

If you are reopening the case for a child support modification, you should consider also filing a Supplemental Petition to Modify the Parenting plan based on his not exercising his timesharing for 4 years.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: My daughter couldn't get a mortgage in her name so had her ex- fiancé take the mortgage out

in his name on the ranch she bought. She put a 100,000.00 down payment on the ranch. She passed away in March. The down payment was from the sale of her deceased dads home (my ex-husband). Her sister (my oldest daughter) should have received some portion of it but she felt she did all the... View More

Scott Michael Weiss
Scott Michael Weiss
answered on Feb 5, 2018

A lot of this depends on how the property is titled. You need to find out that information and speak with a real estate attorney

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: I lost my job back in April 2017 and I'm getting odd jobs here and there. I have not been able to make payments for over

6 months. I just made a payment last week of $50 they are summing me to court on Feb 15 2018 and I'm scared last time I was in front of a judge she said she would send me to jail if I didnt pay. What do I do?? I barely get work but want to keep supporting my child. What can I do?

Scott Michael Weiss
Scott Michael Weiss
answered on Feb 2, 2018

You need to pay everything you are capable of paying, you need to sell belongings to pay. You need to show the judge what efforts you have made to to get full time employment. The judge will want to see that you are making a real effort to find a job.

2 Answers | Asked in Divorce, Family Law and Civil Litigation for Florida on
Q: Adult child (20) stuck between divorced parents suing and counter suing each other for child support payments.

They have been in several legal battles over a decade and have kept me out of it. However, they have involved me this time and are requesting certain things in writing. I would just like to know If I am allowed to obtain the legal papers involved in the court case, so I can take appropriate action... View More

Scott Michael Weiss
Scott Michael Weiss
answered on Feb 2, 2018

You, like any other citizen you are allowed to obtain the divorce paperwork. You can obtain all of the paperwork from the clerk of courts office.

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