Questions Answered by Rand Scott Lieber

Q: Is 1600 in child support plus our mortgage of 565 to much to ask other spouse to pay? Trying to come to a mutual aggmnt.

1 Answer | Asked in Child Support for Florida on
Answered on Apr 22, 2019
Rand Scott Lieber's answer
Child support is calculated by a formula in the law based on each of the parent's net incomes and the number of children. There are free child support calculators available online if you have the numbers to enter.

Q: Hi my name is Julia and Im looking to get a restraining order so that my brother can no longer come to my home.

1 Answer | Asked in Family Law for Florida on
Answered on Apr 22, 2019
Rand Scott Lieber's answer
Go to your nearest courthouse and they will give you the papers that you need to fill out.

Q: Ex-wife refusing to allow father to have visitation on his weekends also when the children do come are very nasty 80%

1 Answer | Asked in Family Law for Florida on
Answered on Apr 22, 2019
Rand Scott Lieber's answer
Florida has replaced "custody" with timesharing. You can return to court and ask for more time with the children. The court will consider what is in the best interests of the children. If one parent is preventing timesharing the court will address that and can order make-up time for days missed.

Q: I am a grandmother with temp custody. mother is in nc. father in florida. can i move to another state. will the courts

2 Answers | Asked in Child Custody and Family Law for Florida on
Answered on Apr 19, 2019
Rand Scott Lieber's answer
You should ask whatever court granted temporary custody for permission before relocating with the child.

Q: My boyfriend passed away when I was 30 weeks pregnant. How do I get his name on our daughter’s birth certificate?

2 Answers | Asked in Family Law for Florida on
Answered on Apr 17, 2019
Rand Scott Lieber's answer
You could have told the hospital at the time of birth. If that opportunity has passed then you may not be able to do it. Try speaking to a lawyer in your area that handles probate cases (cases involving dead people).

Good luck.

Q: I used to not be the custodial parent, now I am. I have arrears that are owed to DOR is there a way to get them wavied

1 Answer | Asked in Child Support for Florida on
Answered on Apr 15, 2019
Rand Scott Lieber's answer
Legally you are responsible for child support that accrued while the child lived with mom. Why has support going forward been stopped? If mom were to have a support obligation now that might be able to be used to offset your arrearage. Mom could also agree to waive the arrearage.

Q: Can ex-wife ask for alimony after divorce is final with alimony waiver on the Marital Settlement?

1 Answer | Asked in Divorce for Florida on
Answered on Apr 11, 2019
Rand Scott Lieber's answer
If alimony was waived and there is a final judgment then she cannot return to court and ask for alimony. The other issues that you mention would require you to file a Motion for Enforcement against her.

Q: Hello. I have an order in for back child support but I'm wonder can the take my refund for taxes

1 Answer | Asked in Child Support for Florida on
Answered on Apr 11, 2019
Rand Scott Lieber's answer
If the entity that enforces child support in your jurisdiction has notified the IRS about the arrearage then they can seize your refund. If this has happened or is happening you should receive a letter from the IRS notifying you about the situation.

Q: My kids father requested a hearing to lower the suggested child support amount and I’m wondering if I need a lawyer

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Apr 4, 2019
Rand Scott Lieber's answer
It is always better to have the advice of a lawyer. Child support is based on the parent's net incomes so you will both be required to complete an up to date financial affidavit. Those numbers will then be used to calculate child support, which is a statutory formula.

Regarding relocation, the father can move wherever he wants but he cannot relocate the children more than 50 miles without yours or the court's permission.

Q: Can paternal grandmother keep my son away from me with only guardianship I signed over while in hospital?

2 Answers | Asked in Family Law for Florida on
Answered on Apr 4, 2019
Rand Scott Lieber's answer
You need to read the paper that "signed over guardianship" to grandma and see what it says about terminating the agreement. If it is silent then you may need to seek the court's help of grandma refuses to return the child.

Q: How often is child support ordered for equal time sharing parents

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Apr 1, 2019
Rand Scott Lieber's answer
Child support must always be calculated. In addition to equal timesharing the formula uses each parent's net income. Unless both parents earn the exact same income and have the exact same deductions with 50/50 there will always be a child support number.

Q: Will court grant 50/50 timeshare for 4 kids when mom lives 45 mins away and shares a 2 bdrm. No beds/space for kids.

2 Answers | Asked in Family Law for Florida on
Answered on Mar 28, 2019
Rand Scott Lieber's answer
The court will grant timesharing based on the best interests of the children. The bedrooms and distance will be considered as part of the entirety of the circumstances.

Q: I currently receive child support. Is there legal aid help I can get to increase payments,if I cannot afford a lawyer?.

1 Answer | Asked in Child Support for Florida on
Answered on Mar 12, 2019
Rand Scott Lieber's answer
Contact your local legal aid office and ask if they provide this service.

Q: My daughter lives with me now I’am the one paying the child , I live in Florida but the case is in Alabama

1 Answer | Asked in Child Support for Florida on
Answered on Mar 11, 2019
Rand Scott Lieber's answer
You must start with the court in Alabama that issued the child support order and ask for a modification.

Q: I have a court order in Florida & now stay in TX. My kids stay with me now, do I still have to pay child support?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Mar 7, 2019
Rand Scott Lieber's answer
The Florida court order remains in effect until you go to court in Florida to modify or terminate the order.

Q: Uncontested divorce, no children, nothing together. He lives in GA I'm in FL 2+yrs. Do I have to make court appearance?

2 Answers | Asked in Divorce for Florida on
Answered on Mar 7, 2019
Rand Scott Lieber's answer
You as the Petitioner in Florida will need to appear at the final hearing.

Q: I'm an international student, with a daughter! which are my father rights and how I could apply them in Florida?

1 Answer | Asked in Child Custody for Florida on
Answered on Mar 4, 2019
Rand Scott Lieber's answer
If you have been living continuously in Florida for the past six months and the child is here then you can immediately file for paternity where you live. You should find a local family lawyer to help you.

Q: Is health insurance premiums for children divided by the number of children that are on the policy when factoring child?

1 Answer | Asked in Child Support for Florida on
Answered on Feb 26, 2019
Rand Scott Lieber's answer
You first have to determine the cost for the children only. Once you have that number the person paying the premium should not be receiving credit for more than they are paying. One possible method is to divide the children's portion of the premium by 3 so that one father pays 2/3 and the other pays 1/3.

Q: My child support case was dismissed, do I receive my taxes back from last year since child support took it?

1 Answer | Asked in Child Support for Florida on
Answered on Feb 26, 2019
Rand Scott Lieber's answer
That depends where the money is now. If they are still holding it and the court ordered that you do not owe it then you can get it back. If it was already sent to the payee and the court said that you do not owe it then you need to take the payee back to court to try and recover it.

Q: I have a one year old baby that was born while I was married to someone else/ what are my husbands legal rights?

1 Answer | Asked in Adoption and Child Custody for Florida on
Answered on Feb 20, 2019
Rand Scott Lieber's answer
The man that you are married to is the "legal" father of the child, regardless of who the biological father is. Your husband has all of the legal rights as though the child is his.

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