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Questions Answered by Rand Scott Lieber

2 Answers | Asked in Family Law for Florida on

Q: I have a final injunction and I an wondering if I can pack the respondent stuff and access that part of the house?

He has 2 lizards in his room that havnt been fed in a month and I'm not sure if were allowed in the room to feed them.

Rand Scott Lieber answered on Aug 22, 2019

The final injunction should have specified a method for respondent to retrieve his belongings. If he has been gone over a month then do what you need to.

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1 Answer | Asked in Child Support for Florida on

Q: Question modified - Can pending child support order be changed to request child support prior to filing date?

Mother left July 2013. Filed paperwork to change custody and child support in 2016. Through mediation, all custody was agreed upon but all financial was "reserved for later date". Financial portion still open to this day and has not been agreed upon or finalized. Since it is still open and... Read more »

Rand Scott Lieber answered on Aug 22, 2019

If I understand correctly you filed a Petition to Modify an already existing child support order in 2016. If that is the case then you generally cannot go retroactive from that 2016 Petition to Modify. You can still enforce the child support order that was in effect prior to 2016.

1 Answer | Asked in Child Support for Florida on

Q: What happens to the absent parent if he does not answer served child support papers?

The case has not started yet they do not have a financial afadavit for him yet...it’s been over 4months and he has not answered the served papers

Rand Scott Lieber answered on Aug 22, 2019

If he was served then you can move for a default.

1 Answer | Asked in Child Support for Florida on

Q: Can you request child support prior to date of filing? Case is still open.

We filed for child support in April 2016 even though other parent moved out of state July 2013 because our attorney at the time said we could not ask for retro (prior to filing date). She said if we wanted child support from July 2013 then we should have filed then. Fast forward to current date and... Read more »

Rand Scott Lieber answered on Aug 22, 2019

Normally on a new child support matter you can go back two years prior to filing. It is different if you are asking for a modification of an already existing order.

1 Answer | Asked in Child Support and Family Law for Florida on

Q: regarding child support. If respondent agrees with everything except child support, what step do I take next?

can I still file even though he disagrees with the child support amount even though it is the calculation provided on the forms? he is ok with all other things except child support.

Rand Scott Lieber answered on Aug 21, 2019

File what you agree on and ask for a hearing on the child support issue.

1 Answer | Asked in Divorce for Florida on

Q: I have my first court hearing on divorce today I need more time. How to

I didnt get a chance to fill out forms and I want to contest it and it is labeled as uncontested how can I motion to change it?

Rand Scott Lieber answered on Aug 21, 2019

You need to ask at the hearing today for more time and explain why you need it.

1 Answer | Asked in Child Support for Florida on

Q: If a small payment is made 3 days prior to a contempt hearing for child support will he will have to pay a purge paymen

Rand Scott Lieber answered on Aug 21, 2019

That is entirely up to the hearing officer. A small payment shows good faith but it will be viewed in the context of how far behind he is and how much is owed in total.

2 Answers | Asked in Divorce for Florida on

Q: My husband isn't a father of my child. He signed affidavit of non-paternity. Do we qualify for simplified divorce in FL?

I had a child while being married to my husband (after we got separated). Now we both would like to end our marriage as soon and easy as possible. He signed affidavit of non-paternity. Can we file for simplified divorce in Florida and state that we don't have kids on the petition?

Rand Scott Lieber answered on Aug 21, 2019

You cannot file a simplified dissolution but you can file an uncontested dissolution. You will need to explain to the court about the child and the biological father may have to appear to confirm that he is financially responsible for the child. The law in Florida is that if you give birth while... Read more »

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1 Answer | Asked in Family Law for Florida on

Q: Judge said,on mothers scheduled days if she cant watch child,biological father gets rights to watch son. I am stepdad??

She is my fiance, we don't need him to watch her son. I watch him, I have flexible hours. I build my relationship with him and it is when we fish together. Is that right?

Rand Scott Lieber answered on Aug 20, 2019

Legally the rights of the biological father are superior to yours as the almost step-father.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: I'm trying desperately to move out of state with my child but want to do it legally. The father refuses to work with me.

He will not budge on any terms except his own. I'm trying to move to an are where my last blood relatives are. We agreed for me to temporarily work out of state and bring the child with me during the summer. Now that school has started back, he is refusing to even let me talk with the child. What... Read more »

Rand Scott Lieber answered on Aug 20, 2019

You do not mention if you have been to court for paternity. If you have then you need to apply to that court for relocation. If you have never been to court for paternity (or child support) then the mother has 100%rights to do what she wants, with the child, including moving.

1 Answer | Asked in Family Law for Florida on

Q: We're not married my children's mother without permission moved from Florida to Illinois what can I do to have my kids?

She moved from here in Bay county where I live now and have most of my life She up and moved from Bay, Florida to Moline, Illinois without permission. Now she will not allow me to talk to my kids on the phone or even visit my kids. When I try she will not give me an address. I have no idea how my... Read more »

Rand Scott Lieber answered on Aug 19, 2019

You do not say whether you have ever been to court to establish paternity. If the answer is yes then you can return to the court that established paternity and ask for timesharing. If the answer is no then mom had the legal right to move wherever she wants. You will need to file for paternity and... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on

Q: My daughter wants to go live with her dad out of state. Will I have to pay him Child Support if he's never paid?

I live in FL and he in NC. My daughter has expressed she wants to go to high school in NC so she can go to university there. He decided to be a part of her life @ age 10. Before this, I was taking care of everything 100% without any help from him. When he became involved, he asked that I not do... Read more »

Rand Scott Lieber answered on Aug 19, 2019

Child support is the right of the child so legally you cannot waive it. I would suggest trying to reach an agreement with dad first. If he insists on child support if the move happens then you have the options of 1. not agreeing to the relocation and 2. pursuing back child support against him as I... Read more »

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1 Answer | Asked in Child Support for Florida on

Q: I have a final judgement for child support in Florida. The final judgement is silent on out of pocket medical cost

If the final judgement is silent on the issue does State Statute 61.30 apply? And if it does can I just send a demand for payment with the doctors bills or do I need to file for a modification?

Rand Scott Lieber answered on Aug 19, 2019

If the court order is silent then you either reach an agreement with the other parent or go back to court if you cannot agree.

1 Answer | Asked in Divorce for Florida on

Q: My ex left unpaid bills that are on my credit report. What can I do to get them removed? Do I have to sue her?

Rand Scott Lieber answered on Aug 12, 2019

If they were joint liabilities then you are responsible also, regardless of what your divorce decree says. You can go back to divorce court if your ex had agreed to pay the liabilities but that will not necessarily change your credit report.

1 Answer | Asked in Child Custody and Family Law for Florida on

Q: Do I have any rights to visitation with a step child after her mom passed away?

We were legally married for four years and together a total of six.

Rand Scott Lieber answered on Aug 12, 2019

Since you are not a blood parent it is up to the child's father to allow contact with you. There is no direct legal standing for a step parent.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: I file for a Contempt and enforcement and now my son's father's lawyer is trying to put it in mediation can he do that

Rand Scott Lieber answered on Aug 10, 2019

In family court a party can almost always request mediation to try and resolve the matter prior to seeing the judge.

1 Answer | Asked in Child Custody for Florida on

Q: How does one have the most time sharing in Florida?

I'm about to go through a divorce and it is in the child best interest to live mainly with me. But I want his mom to have visitation.

Rand Scott Lieber answered on Aug 9, 2019

Here are the factors that the court will consider (about both parents):

The best interests of the child(ren) is the primary consideration in the Parenting Plan. In creating the Parenting Plan, all circumstances between the parents, including their historic relationship, domestic violence,...
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1 Answer | Asked in Child Custody and Divorce for Florida on

Q: In Florida, under what conditions can I win physical custody of my child from a divorce from my wife?

In FL, they do "timesharing" and I have seen things that say what the courts consider when making those decisions. What i am wanting to know is how can I get enough timesharing that the child lives with me and I am not on child support?

Rand Scott Lieber answered on Aug 9, 2019

In Florida children are shared. That is why it is not "custody" but timesharing. What you are asking about is how to get more time. The answer is by being the best parent that you can and putting your child's best interest ahead of your own. You are going to share the child with the mother until... Read more »

1 Answer | Asked in Child Custody for Florida on

Q: What are the proper procedures in serving a temporary child custody filings.

Can a parent legally lose custody without ruling of a judge?

Rand Scott Lieber answered on Aug 9, 2019

A parent that has "custody" timesharing cannot lose it unless a judge orders a change.

1 Answer | Asked in Family Law for Florida on

Q: How can I contest a judgement regarding an emergency court order? Is there a form? Is it possible?

My ex is trying to sign up my children at a school that is beyond my transportation ability.

My divorce decree grants him the right to be the decisionmaker concerning their education.

However, I have filed a petition asking to reverse it since he stopped helping transport them and... Read more »

Rand Scott Lieber answered on Aug 8, 2019

You need to file a motion requesting emergency relief stating the reasons why it is an emergency. The court will then decide whether to hear it sooner or not.

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