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Questions Answered by Sabina Tomshinsky
2 Answers | Asked in Probate for Florida on
Q: My wife died without a will. I need to get a bunch of her assets in to my name - can I do this without an executor?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Sep 14, 2016

It depends on the type of assets that are to be transferred. It would serve your interests to consult with a probate attorney on the best course action to pursue. All the best.

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1 Answer | Asked in Divorce for Florida on
Q: Is it possible to have a divorce consultation by Skype or Phone. I'm disabled and unable to be out and about in public.
Sabina Tomshinsky
Sabina Tomshinsky
answered on Sep 9, 2016

Yes; it is possible. It is quite common to have a phone consultation and Skype is also not unusual. I suggest that you call a few attorneys and ask for a phone or a Skype consultation. All the best.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: If we are fighting for 50/50 will he still have to pay child support

Fiancé and I will be fighting for 50/50 coustdy of his daughter. Will he still have to pay child support. Will us being married make any difference

Sabina Tomshinsky
Sabina Tomshinsky
answered on Sep 8, 2016

Even with a 50/50 time-sharing, you can still have child support assessed as child support is based on the Florida's Child Support Guidelines system that takes into account the parents' incomes, the number of children, the number of overnights, the cost of health insurance, the cost of... View More

1 Answer | Asked in Child Support for Florida on
Q: My friend told me that I will have to pay taxes on the child support payments I get from my ex. Is that true?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Sep 7, 2016

No, that is not true. Child support payments are not taxable.

2 Answers | Asked in Probate for Florida on
Q: My father passed away three years ago his land and home is still deeded under his name his only living Aires are me and

My sister how do I fix all of this so our family gets our fathers home

Sabina Tomshinsky
Sabina Tomshinsky
answered on Sep 6, 2016

If only this land/home is in your father's name and it was his homestead property, you may be able to proceed with a summary administration and petition to determine homestead status of real property to have title transferred to you and your sister. It would serve your interests to consult... View More

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Who has custody if there is no custody agreement in place?

My son is 4 1/2 years old and has always lived with me, we have not lived with his father since he was 3 months old. There is no custody agreement in place and he barely gets him every month. He recently got married and decided he wants to step up and be a father. He out of nowhere text me and said... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 23, 2016

If you were never married to the biological father and there is no order on time-sharing, then you are, by default, the parent with all the time-sharing and sole parental responsibility. The father does not have any rights to time-sharing until there is a parenting plan with time-sharing schedule... View More

1 Answer | Asked in Child Support for Florida on
Q: If the mom is making more money than dad, but she's the only one paying for all the expenses.Can she files for child sup

Port. They're not married, was living together, but recently separated. Can the mother files for child support if she makes $66000/year and dad makes $4500/year.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 23, 2016

Yes. Both parents have a legal obligation to financially support their child. If one parent makes less than minimum wage, at the very least minimum wage would be imputed. Also, daycare costs, if any, health insurance costs would also be taken into account when child support is established.

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Husband wants to buy a condo in FLA using money from our joint account but doesn't want my name on the deed. Possible?

We live overseas. My husband is USA citizen but not resident. I am not citizen of USA. What happens in case of divorce?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 23, 2016

Property purchased during the marriage is considered to be a marital asset, regardless of how the property is titled. So this property would still be subject to equitable distribution.

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1 Answer | Asked in Family Law for Florida on
Q: Which family law finacial affidavit form should i file for modification of timesharing and childsupport in florida.

I am now representing my self and i need to file a new finacial affidavit but not sure which form to use. We were divorced in 2010 but there is a motion to modify timesharing, pareantal responsibilty and child support. Do i use the family law short form or another form.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 18, 2016

You would use the short form financial affidavit if your income is under $50k gross and a long form one if it is $50k or more gross.

2 Answers | Asked in Divorce and Child Support for Florida on
Q: I just lost my job. What do I do about my child support payments if I can't afford them.
Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 16, 2016

You need to pursue a supplemental petition to modify your child support; the relief is usually retroactive to the date you filed your petition and so you want to file right away.

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: What is the difference between physical and legal custody?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 16, 2016

Physical custody (which is now referred to as your time-sharing with the child) pertains to where the child will actually live and legal custody pertains to your decision-making authority over the child, which is typically shared; parents typically jointly make decisions as to the child's... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: Can I request sole custody, alimony/spousal support and child support without filing for divorce in FL?

Walked out on me and our toddler July 2015. Reconciled August 2015. Kicked him out December 2015. Still legally married. He hasn't contributed financially since March/April. I pay the mortgage, daycare, extra-curricular activities ... every expense. He completely disappears for weeks at a... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 14, 2016

You may want to review Section 61.09 (Alimony and Child Support Unconnected with Dissolution) and Section 61.10 (Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan) of the Florida Statutes.

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2 Answers | Asked in Divorce and Child Custody for Florida on
Q: is it a Fl law, Does a custodial parent with a child have to stay within 45 miles of the other parent
Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 13, 2016

If your parenting plan/Court Order is silent on the matter, you should refer to Section 61.13001 of the Florida Statutes, Parental Relocation with a child. Pursuant to this section, “Relocation” means a change in the location of the principal residence of a parent or other person from his or... View More

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1 Answer | Asked in Real Estate Law and Divorce for Florida on
Q: Can my name be on a title and not on the mortgage? If so, am I liable for the mortgage if my husband defaults.

Does this change if we get divorced?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 12, 2016

Yes; you can just be on the deed and not on the mortgage; no, if you are not on the mortgage, you will not be liable in the event of a default by your husband. In the event of a divorce, if the home was purchased during the marriage, it is considered to be a marital asset subject to equitable... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Was issued a summons for eviction. I received a notice of default. How long do I have to move before Sheriff shows up?

I answered the summons in 5 days but I don't have money to pay and I'm trying to move as quickly as possible. I'm wondering how many days I have left.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 12, 2016

It depends on how quickly the other side moves on this. It could be a week or more. After a clerk issues a default, a Judgment for Possession must then be issued which is followed by the issuance and then execution of the writ of possession. You may want to keep an eye on the docket for the case... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How to serve landlord notice to repair structural damage and plumbing.what rights do i have? Should i call code enf.?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 8, 2016

You should serve your landlord with a 7 day written notice to cure pursuant to Section 83.56(1) of the Florida Statutes.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Month to month lease. Arugment with my landlord last night and today they gave us termination of lease paper. Legal?

We fulfilled our year lease and switched over to month to month a few months ago. Asked the landlord to fix a few things in the house and got into an argument with them. Today they came to look at all we wanted fixed and handed us a paper stating they are terminating our month to month lease and we... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 5, 2016

In a month to month tenancy, if rent is paid monthly, either party may terminate the tenancy for no reason at all with a proper 15 day written notice. The 15 day written notice of termination must have been provided to you (15 days) prior to the date when your next rental payment is due. Please... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I do not respond to an eviction notice from courts, how long do I have to move out of the house?

I don't have money for last month or this month rent. I intend to pay but am willing to move out because I can't pay within the 5 days the court papers are giving me. I just want to know if they will give me any time to move or if they will just tell me I need to move immediately and then... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 3, 2016

Based on your inquiry it appears that you were served with a 5/20 summons. If you take no action, a default would be entered against you and the eviction process will go through the necessary steps, the end result of which would be the issuance and then the execution of the writ of possession by... View More

1 Answer | Asked in Communications Law, Internet Law, Family Law and Child Custody for Florida on
Q: My ex will no longer accept emails for our regular ongoing communication about the children. He insists on texts only.

We live in Florida. We have been divorced for 6 years. We have always used email. Two months ago, I started getting responses to my emails saying that he longer accepts emails and to text instead. Do I have to comply? (I think that he simply does not want his email rants on the record.)

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 2, 2016

I suggest that you refer to the provisions of your parenting plan and/or final judgment that pertain to communication between the parents on the default communication methods. If both email and text were checked, typically email is used for long/substantive messages and texts are used for short... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is selling his property. Will I be able to fulfill my lease or will I have to move?

The property is in Florida, and we've lived here for only 1 month

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 29, 2016

Typically the buyer would take the property subject to and restricted by your prior interest as a tenant unless the lease states otherwise. Unless the lease states otherwise, the new buyer would then become your new landlord. You would then have all the same rights against the buyer as you had... View More

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