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Questions Answered by Rand Scott Lieber

1 Answer | Asked in Child Support for Florida on

Q: Child Supp Fla, ex spouse remarried. Kids Health Ins transferred to her new spouse. Grounds 4 me to 2 file reduction?

Her new spouse's insurance primarily covers himself, his own 2 kids, now my ex, and now my 2 kids. "As we all know" there is no increase in cost just to add 2 additional children to a healthcare policy.

Child Supp included health care coverage costs for our own children. She personally now... Read more »

Rand Scott Lieber answered on Jun 19, 2019

Child support is always modifiable. If you file for a modification the court will look at each parent's current income to do the new calculation. It is possible that the court will take the family health insurance premium and figure out what portion is paid for your children only. It does not... Read more »

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

Q: I have full custodian of my son I make 73,000 and his father is self employed. I pay for his medical expenses.

He takes him every other weekend or whenever he wants can I have a case of child support?

Rand Scott Lieber answered on Jun 19, 2019

Child support is the right of every child in Florida. You do not mention whether you are divorced or if it is a paternity case. Either way you can file for child support.

1 Answer | Asked in Child Custody for Florida on

Q: Can unmarried father take child out of state without mothers permission or court order?

I have good reason to believe my daughters father (she is 3, we were never married) has taken her out of state (FL to SC). I did not consent to this and was not informed of this. He is refusing to tell me his location or any other information surrounding the health and safety of my daughter, and... Read more »

Rand Scott Lieber answered on Jun 19, 2019

The first question that the court will ask is how did he get your daughter to begin with. Did you let him take her voluntarily? Was there a specific day that he was to return her? Did you write anything down? If he has really taken her and cut off all communication then you can report it to the... Read more »

1 Answer | Asked in Family Law for Florida on

Q: If the husband agrees to buy out his wife in the marital property can she force him to sell it.

The husband has agreed before any mediation or hearing to buy her out since they have 2 homes and he agreed to give her the second.

Rand Scott Lieber answered on Jun 18, 2019

If one party is able to pay the other for their share of the property value then they cannot also force them to sell it.

3 Answers | Asked in Family Law and Child Custody for Florida on

Q: I wasn't married to my ex when she up an left one day when i was at work that wasin October 2018

She has not allowed me to see my daughter since October iv tried texting her fb messages she has blocked i haven't seen my daughter since then what do i have to do so i can see her she just turned 2 i just want to be able to see my daughter please could you help answer or guied me to what i haveto... Read more »

Rand Scott Lieber answered on Jun 18, 2019

You need to file a paternity case in the court where mother and child live.

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1 Answer | Asked in Child Custody for Florida on

Q: If the visitation is only granted for 1 day a week, can the other parent legally let you see the child more?

Rand Scott Lieber answered on Jun 18, 2019

Unless there are restrictions in place through the court the other parent can let you see the child as much as you like. The timesharing schedule gives the person who has a specific day priority but does not prohibit contact with the other parent.

1 Answer | Asked in Divorce and Family Law for Florida on

Q: Can i continue my divorce with a different lawyer or do i have to start over?

Started my divorce with a lawyer and can no longer find his firm or reach him. My papers are signed by myself and soon to be ex husband. Do i have to start over with different papers or can i continue just through the court system. The soon to be ex husband is moving out of state tomorrow.

Rand Scott Lieber answered on Jun 17, 2019

You should be able to continue with the documents that you have already prepared.

2 Answers | Asked in Family Law for Florida on

Q: family law and custody issues and visitation issues. What happens when a court paperwork has been filed in courts?

we have agreed to every other weekend now the father is wanting more days thru the week with our son some new law he has heard or told by someone he wants 3/4 days out of the week and half summer time and he has not given me time to agree or accept anything he has filed court documents on me to... Read more »

Rand Scott Lieber answered on Jun 17, 2019

It sounds like he is trying to modify the current timesharing arrangement. After he files the papers he needs to convince the judge that it is in the child's best interest to make the change. You will have the opportunity to say why it should not change.

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1 Answer | Asked in Child Support for Florida on

Q: My son is 21 and I still owe over $70,000 in back support. Can I get child support sanctions lifted if my ex agrees?

Rand Scott Lieber answered on Jun 10, 2019

You can return to court with your ex and tell the Judge that they are willing to waive the arrearage; however, there is no guarantee that the judge will accept the agreement.

1 Answer | Asked in Child Custody for Florida on

Q: Hi thank you kindly for helping me. I live in Florida I currently have 50-50 custody. I need sole custody ASAP. How?

My sons mother is an alcoholic living with me while I still pay child support. She is never around and putting my sons life in Jeopardy mentally. Please feel free to call me at 561-376-1458 thank you kindly

Rand Scott Lieber answered on Jun 10, 2019

You need to file a Supplemental Petition for Modification and explain to the court why you want the change.

1 Answer | Asked in Child Custody for Florida on

Q: My ex wife has sole parental custody of my 16 year old son but he has lived with me last 2 years can she take him away

She lives in different state

Rand Scott Lieber answered on Jun 3, 2019

You must apply to the court that issued the original order for a modification in order to protect your rights.

1 Answer | Asked in Divorce for Florida on

Q: Ex is stating she now wants money every month and plans on going to court, divorced 4 years no alimony. Possible?

Rand Scott Lieber answered on May 28, 2019

If the final judgment said no alimony then there is no going back.

2 Answers | Asked in Family Law for Florida on

Q: Marital home question and privacy.

Caught wife cheating with her coworker, had been for a year(have texts to prove it). She moved out the martial home voluntarily because she wanted to de her thing. We live in Key West and I can’t afford to live here in a home that would accommodate our two children(one disabled). I pay all the... Read more »

Rand Scott Lieber answered on May 21, 2019

As long as she is an owner she has a legal right to access.

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

Q: Our parenting plan states that I have 50/50 custody of my kids but since finding out that my ex-wife was in an abusive

Since finding out my kids and ex-wife where in an abusive situation, my kids have been living with me for the past 12 months, how can I get full custody?

Rand Scott Lieber answered on May 21, 2019

You must file a Supplemental Petition for Modification with the court to change your parenting plan based on the current arrangements.

2 Answers | Asked in Divorce for Florida on

Q: What is the the right way to amend a answer to the petition? Both party have to agree to it or you just ask the court?

Rand Scott Lieber answered on May 21, 2019

You file a Motion to Amend with the Amended Petition attached. State in the Motion that the other party agrees with the amendment. If they do not agree then you must get a hearing with the judge.

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

Q: I'm the non-custodial parent. Do I have to pay child support in a month when minor child is with me?

My daughter, 16, spends a month and a half with me during summer vacation from school. Both parents live in Florida.

Rand Scott Lieber answered on May 19, 2019

Yes. Child support is calculated based on the whole year and already includes credit for overnights with each parent.

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

Q: I have custody every other weekend. Mother's day took presidency over my weekend. Should I get them this weekend?

Rand Scott Lieber answered on May 17, 2019

You need to read your parenting plan. If it is silent on this issue then you do not get the following weekend. The theory is that over the course of the year it will even out. It is possible that father's day will fall on her weekend, for example. Holidays take precedence over the regular schedule.

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1 Answer | Asked in Child Support for Florida on

Q: child support. I am making all i can at the moment, can they take my basic needs?

Rand Scott Lieber answered on May 16, 2019

There is a maximum that they can take from you, depending on your earnings and the size of your family.

1 Answer | Asked in Divorce for Florida on

Q: If I am a legal resident of FL can I sue my spouse that is a resident in another state

Rand Scott Lieber answered on May 6, 2019

If you are asking specifically about divorce, if you have lived in Florida longer than six months and made it your permanent home then you can file for divorce in Florida, even if your spouse lives in another state.

1 Answer | Asked in Child Support for Florida on

Q: Is it possible to have a payout for child support less than amount owed if child is 23 and both parents agree to amount

Rand Scott Lieber answered on May 6, 2019

As long as the Department of Revenue is not involved you can agree to a lesser amount and close the matter. If DOR is involved then you must get their permission.

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