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Questions Answered by Sabina Tomshinsky
1 Answer | Asked in Child Support and Divorce for Florida on
Q: Separated 23 years, no contact with ex. Do I still have to file for divorce?

Do not know if he filed for divorce. Filed for child support when we separated as he moved out of state. They had my case for two years then said they couldn't find him. I had given them name, address and phone number at out of state residence. I have solely supported our son from age 12. No... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 28, 2016

Long separation in and of itself does not make you single; you should pursue an action for dissolution of marriage to be restored to the status of being single. If you are unable to locate your Husband you should consider divorce by publication.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I with hold rent due to the landlord not repairing the ac..leaks..and everything else he was suppose to fix?

Landlord has sent the same ac man to fix ac yet it never gets fix. Can I withhold rent for not fixing the ac as well as for the leaks that have ruined my clothes..high electric bill

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 25, 2016

You may not withhold rent without proper notice to the Landlord, which usually takes the form of a seven-day notice to cure.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Since my son has been 2 months now 3 years old, his father and I have a verbal agreement 50/50 custody but I'd like to

change that agreement to the traditional every other weekend with his father and possibly one day within the week, to give my son a more stable home. His father will fight this, are there laws where he can possibly gain more custody because of our original verbal agreement. no case nor agreement... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 23, 2016

Time-sharing is governed by the "best interests" of the child standard. The status quo also carries weight. You may want to review section 61.13(3) of the Florida Statutes as to the factors that the Court considers when establishing a parenting plan with time-sharing schedule.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: It has been 30 days since we left the FL rental house but we cannot get our security deposit returned.

We emailed them on day 15 and got no response.

We did not do any damage to the house, other than normal wear.

What can we do next?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 22, 2016

You may file a lawsuit against the landlord in court for the return of your security deposit. However, please be aware that if you did not provide the landlord with your new mailing address, the landlord may send all correspondence to the premises you just vacated.

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1 Answer | Asked in Child Support for Florida on
Q: I received a letter from fl dept of revenue, that said a case has been open about child support, I'm guessing it's from

A woman I was seeing about 7 to ten years ago , but she was seeing several guys at the time and she had the baby close to a year after I stopping seeing her, my question is can they make me pay retro to the birthdate if it is mine

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 21, 2016

Pursuant to Section 61.30(17) of the Florida Statutes, "In 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 Child Custody, Divorce and Family Law for Florida on
Q: I am currently separated from my husband and want to file for divorce and custody could really use some advice?

We have a 3yr old He has constantly left nasty voicemails and also text messages non stop. We have been separated for 3 months and this has been going on for that long.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 21, 2016

A divorce proceeding is commenced when a petition for dissolution of marriage with other pertinent documents is filed. As part of your dissolution of marriage action, assets and debts will be divided, a parenting plan with time-sharing schedule will be established based on the best interests of the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How long does a landlord have to give notice to take back house

We have been renting for over 3 years and the last year is with no lease now landlord wants house back for daughter and wants to give us a 7 day notice. Is this legal? And i have a disabled child does this make a difference? Help

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 21, 2016

Pursuant to Section 83.57 of the Florida Statutes: "A tenancy without a specific duration ... may be terminated by either party giving written notice ... as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual...
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1 Answer | Asked in Child Support for Florida on
Q: My boyfriend owes almost 20,000 in child support. His children are now 21 and 18. Is there any way possible that

If his ex wife said she didn't want the money that he didn't have to pay that amount anymore? Even if they went to court to settle?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 20, 2016

It depends if there are any funds owed to the State. If there is nothing owed back to the State, then the parents may reach an agreement on the arrearage, which would then have to be ratified by the Court.

1 Answer | Asked in Family Law for Florida on
Q: In Florida, if a dad is on birth certificate but parents aren't married and paternity had not been established, can the

Mom take child out of state to visit family for a couple weeks if father was notified?

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 19, 2016

Yes, you should be able to do so.

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: I own my FL home outright. Can a Quit Claim Deed to my two sons and myself provide survivorship rights?

My purpose is (1) To allow me to keep the house in my lifetime with me, not them, getting real estate tax bills; (2) to have them take ownership on my death without involving probate; (3) upon the death of one son to have ownership pass to the other, not to heirs.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 13, 2016

You may want to consider an enhanced life estate deed or a lady bird deed.

1 Answer | Asked in Estate Planning, Collections, Consumer Law and Probate for Florida on
Q: Married. No will, Joint ownership of property. In Florida. Paid in Full. Spouse acquired medical debt during marriage.

Would the surviving spouse be obligated for medical debt acquired during marriage? In Florida

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 13, 2016

No, the surviving spouse should not be responsible for that debt unless the surviving spouse guaranteed the medical debt. Estate debts are only paid out of the available estate assets.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My apartment has been invaded by roaches, my landlord refuses to do anything about it?

My landlord has threaten to evict me because I have complained he said "if I didn't like the conditions to just leave". I have called the Florida DPBR and they have told me that the landlord is illegally renting units and has over 100 properties. He does have a business license, but... View More

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 12, 2016

You may consider furnishing your landlord with an official seven-day notice to cure this issue. Pursuant to Section 83.51(2)(a).1, "[u]nless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex... View More

1 Answer | Asked in Probate and Real Estate Law for Florida on
Q: My mom died without a will. The house is paid for and I lived with her. I have the deed. What do I need to do?

I have a sister but she lives out of state. And according to the state I was my mother's caretaker.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 12, 2016

If the home was your mother's homestead property and the deed to the home is just in your mother's name, you should pursue a petition to determine homestead status of real property which sometimes is a stand-alone action or is part of a summary administration. The order on homestead... View More

1 Answer | Asked in Divorce for Florida on
Q: Can I file for simplified dissolution of marriage in Florida, even if I have a child that is born in the marriage?

My son was born during the marriage, but my husband is not his biological father. My son has his biological father's last name.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 12, 2016

No, you may not pursue a simplified dissolution of marriage when you have a child born during the marriage.

1 Answer | Asked in Estate Planning for Florida on
Q: Will a Pa. will be honored in Florida?

Wills drawn up in Pa. Separate willls for husband & wife.

Couple now living in Florida.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 11, 2014

Pursuant to Section 732.502(2), "[a]ny will, other than a holographic or nuncupative will, executed by a nonresident of Florida ... is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been... View More

1 Answer | Asked in Estate Planning for Florida on
Q: Is probate necessary if there is a n uncontested will
Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 11, 2014

Only if there are assets to probate. In other words, if there are accounts left in the decedent's name without a beneficiary or if the decedent owned property titled only in the decedent's name, these types of assets need to go through probate. You should really consult with a probate... View More

1 Answer | Asked in Family Law for Florida on
Q: I was court ordered to pay 1,000 month but showed proof I can't afford that. How is that legal? nor can see my child?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Nov 11, 2014

On the child support matter, you may want to consider pursuing a modification. As to seeing your child, if you were never married to the mother of the child, then you should pursue a paternity action. In a paternity action, a parenting plan with time-sharing schedule would be established and other... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord has not paid the mortgage on the house I rent. What are my rights as a tenant?

I have been served foreclosure papers by the court. My landlord keeps demanding that I pay him rent, but he is not paying the mortgage.

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 15, 2014

You should continue to pay rent or risk being evicted for nonpayment of rent. You should also be aware of Protecting Tenants at Foreclosure Act of 2009. This Act extends additional protections for tenants in foreclosed properties.

1 Answer | Asked in Divorce for Florida on
Q: If I Married in Colombia , Can I divorce in the USA?
Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 15, 2014

As long as you have lived in Florida for at least 6 months before filing, then you can file for divorce and proceed with your dissolution of marriage action under Florida law.

1 Answer | Asked in Divorce for Florida on
Q: If I inherited money and decide to get a divorce does he get part of the inheritance
Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 15, 2014

Generally not unless you commingled the inherited funds with the marital assets.

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