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Questions Answered by Sabina Tomshinsky
2 Answers | Asked in Family Law and Child Custody for Florida on
Q: My ex-husband has turned his phone off, and I can't reach my child. This is not the first time he has denied me access

What can I do about this? Can I send an officer to his house?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Dec 6, 2016

Depending on what your parenting plan/final judgment on the matter states, you may want to consider pursuing a contempt/enforcement action. You should consult with an attorney as to all of your options based on your last order on the matter. In the meantime, you may want to consider contacting law... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I rent a room from my dad for the last year on a month to month basis.There is no written lease or agreement.

Back in June I told him I was gonna move out in a few months.He had me write something with a date of when I would move out.The date I wrote was sep 1 2016.When that date was getting close I told him I wasn't ready yet,which he said was ok.And I continued to pay rent every month.It is now Dec... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Dec 6, 2016

To terminate/non-renew a month-to-month lease, a 15 day notice of non-renewal must be properly served on the tenant. This means that such notice to terminate or non-renew a month-to-month tenancy must be served at least 15 days prior to the end of the monthly period. All the best.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Can my ex-wife dictate which high-priced children's activities I have to share costs?

I am a college professor divorced from an Ob/Gyn whose income is about three times greater than mine. We have 50:50 shared custody of our two teenaged children. She pays me alimony and child support which is a small fraction of her salary. My income plus alimony is barely enough to pay my... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Dec 6, 2016

As a starting point you need to review your parenting plan and/or final judgment as to what was ordered or agreed to when it comes to summer camp and whether you treated summer camp as an extra-curricular activity and then look at how you agreed or were ordered to split the extra-curricular costs.... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I want to sell my rental, can tenants stop me from showing the house?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Dec 1, 2016

I suggest that you first review your lease with the tenants regarding such access to the premises. If there is no written lease or the lease is silent on the matter, I suggest that you then refer to the language of Section 83.53 of the Florida Statutes which does authorize you to access the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: The house we rent needs some repairs due to water damage, the landlord is ignoring our requests to fix it.
Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 21, 2016

You need to first review your lease as to Landlord's responsibilities for the repairs. If the repair is something that is the Landlord's responsibility pursuant to the lease or in the event the lease is silent on the matter, the Florida Statutes, (Section 83.51 of the Florida Statutes),... View More

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: How do I enforce an order by the judge temporarily modifying time share of my children?

My ex wife and I have 50/50 parental responsibility. In June the judge stated that if she did not reside in the school district that our children attend my August 18, 2016 the time share shall modify temporarily to every other weekend with the Former Wife. She was not and still isn't living... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 14, 2016

You need to pursue a Motion for Contempt/Enforcement. You should consult with an attorney on this matter as well as on whether a modification may be warranted. All the best.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: What are a landlords rights, if no rent is being paid, if there was no rental contract or lease.

The "rentor" has been there for almost 3 years. Started out with us trying to help him, but its been a nightmare. He rarely pays rent or the electric bill (in my name). Its just too much & now huge things are breaking (A/C & well pump)

Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 10, 2016

If your tenant has failed to pay you rent and there is no written lease, then your tenant is considered a month to month tenant and you may either serve him with a 3 day day notice to pay rent or, if you simply wish to terminate the tenancy, then you may serve your tenant with a 15 day notice of... View More

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1 Answer | Asked in Child Custody for Florida on
Q: is there a certain age a kid gets to choose what house they want to live at
Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 6, 2016

No, until they are adults (18 years old) they have no say in where they get to live; having said that, the Court is more likely to hear the preference of older children than younger ones. However, even when the Court considers the child's preference, it is just one of many factors that the... View More

2 Answers | Asked in Family Law for Florida on
Q: I want to move out of the state of Florida with my 15 month old daughter. Can I do that without telling the father?

We are not married or going through a divorce.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 5, 2016

Since you are not married to the father of your daughter, then by default you have all the right to your child and as such may move without permission from and notice to the father. However, if the father files an action for paternity within 6 months of your move, you may be ordered to return the... View More

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1 Answer | Asked in Child Support for Florida on
Q: If the parent pays for future college expenses on a monthly basis, that is added as the contribution for child support?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 31, 2016

No, that expense is not included when guideline child support is established. However, parents may reach a different agreement on child support and then seek ratification of the same by the Court.

1 Answer | Asked in Real Estate Law for Florida on
Q: A residential property in Florida USA jointly owned by two individuals. What happens on death of one?

Does ownership pass automatically to survivor or can the decedent bequeath their interest?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 27, 2016

It depends on how the property was owned; there are different types of joint ownership. I suggest that you have an attorney review your deed and advise you accordingly. All the best.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Will the father be given custody when he pays child support?

My child's father has never been in my child's life. Will he be given any custody for paying child support ? I am worried because he is a stranger to her.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 19, 2016

Where every parent has a legal obligation to financially support their child, when it comes to time-sharing, it is the best interest of the child standard that controls. The fact that the father is paying child support, does not mean that he will automatically get a 50/50 arrangement or even... View More

3 Answers | Asked in Landlord - Tenant for Florida on
Q: Lease is up on 11/9/16. I contacted the tenant on 10/18/16 to move out. Tenant says unfair. What do i do?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 19, 2016

If the tenant fails to move out after the lease terminates on 11/9, then you should file an action to evict a holdover tenant. You should consult with a landlord/tenant attorney on the specifics and to ensure that you have complied with all the prerequisites. All the best.

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2 Answers | Asked in Probate for Florida on
Q: I'm the executor of my Dad's will, but I live out of state and we haven't filed it yet with the court.

Can my son deal with paying current costs, like for the funeral, right now - he lives in state - even though the will hasn't been filed yet?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 18, 2016

Yes, your son should be able to front the costs and then get reimbursed accordingly. However, I urge you to consult with a probate attorney in the County where the probate will be commenced so that the will can be reviewed and a more specific response can be provided on all the related matters... View More

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1 Answer | Asked in Child Support for Florida on
Q: Is there any law on how far back a court can order me to pay child support?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 18, 2016

Pursuant to Section 61.30(17) of the Florida Statutes, "[i]n an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How do I evict someone in an apartment I own if they never signed a lease?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 12, 2016

If they never signed a lease, then they are on a month-to-month tenancy. You either have to give them a 3 day notice for non-payment of rent, if that is the case, or provide them with a 15 day notice of non-renewal/lease termination prior to the next lease period (provided they pay you rent on a... View More

1 Answer | Asked in Child Support for Florida on
Q: I was making a significant salary at the time of my divorce -

- I subsequently lost my job and am now am employed but making much less. I'm still paying the same amount of support as I did initially and my ex is telling me she will file to keep it that way - how is that possible - if I give her the same amount I will have nothing to live on. Is there any... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 12, 2016

You should pursue a supplemental petition to modify child support. Any modification of your child support would be retroactive to the date you filed your supplemental action for modification. All the best.

1 Answer | Asked in Probate for Florida on
Q: Can the eldest child of a father, who passes without a will, get 100% of estate, simply b/c he's the eldest child?

I'm asking for 2 reasons:

1st, my father passed recently without any surviving spouse & without a written will & he only had 2 children: myself and my elder brother.

2nd, my boyfriend's father claims that, when his father passed without a written will, he and his... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 11, 2016

No, per the Florida's intestate statute, you and your brother would inherit your father's estate. Refer to Section 732.103 of the Florida Statutes. However, this applies to property that is left in your father's name only. It would serve your interests to consult with a probate... View More

2 Answers | Asked in Child Custody and Child Support for Florida on
Q: i live in south florida and my son's mother is keeping him away from me, can she do that?

I haven't had money to give her at all and i have always helped her with my son's needs and everything, i have always given her money, i even gave her my car so she can go to work.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 9, 2016

If you were never married to the mother of your son, then by default the mother has all the rights to time-sharing and all decision-making authority. In order for you to have "rights" to your son, you should pursue an action for paternity. All the best.

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1 Answer | Asked in Child Custody for Florida on
Q: At what age can a child make his decision on who he wants to live with in the state of fl
Sabina Tomshinsky
Sabina Tomshinsky
answered on Oct 5, 2016

There is no age when a child can decide on his or her time-sharing arrangement. The child's preference is just one of the factors that the Court considers when time-sharing is at issue. Typically, the preference of older children carries more weight with the Court but that is just one of the... View More

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