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Questions Answered by Rand Scott Lieber
2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Married for 13 years in Florida. Husband left the home 18 months ago. Still pays rent. Nothing more. He just filed for

divorce end of Match 2020. Our son called up his dad and asked to live with him as he was unhappy with his chores. He lives in Orlando. We live in St. Augustine(over 2 hours away). His dad came and picked him up 2 days ago. I didn't want to fight with them(abuse in relationship, scared).... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 29, 2020

If you cannot reach a resolution with the father then your only remedy is to go to court. It is unlikely in the divorce that the court would split up three children. However, you will both have a timesharing schedule defining when the children are with each of you. If he filed for divorce and then... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Re: Divorce Re: Divorce. Employer of husband offers free Atty. services. Should I get my own Atty.?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 23, 2020

That is a loaded question depending on what the issues are in your case. Even if you and your spouse agree on almost everything you should definitely have an independent attorney review the agreement as your advocate. Does his employer offer you a free attorney as his spouse? If yes then take the... Read more »

3 Answers | Asked in Divorce and Family Law for Florida on
Q: I have a prenup, we have no marital property, he was in a car accident where he will get over 1M will that be joint?

He now says he doesn’t want to be married the suit is settling soon. It doesn’t feel right

Rand Scott Lieber
Rand Scott Lieber answered on Apr 22, 2020

You need to read your prenuptial agreement carefully. It is vey possible that you waived any right to the settlement. If you need more guidance schedule a consultation with a local family lawyer.

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2 Answers | Asked in Divorce for Florida on
Q: Can my wife have me drug tested for recreational marijuana use?

We've only been married 1.5 years with no kids. She never fully moved into my inherited house so I locked her out upon filing. I'm giving her one of the cars, I have nothing other than investment accounts that I think will be premarital. If I use recreational marijuana for the depression... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 16, 2020

If there are no children involved then it should not be a factor in the divorce case.

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2 Answers | Asked in Divorce for Florida on
Q: On a quit claim deed in a divorce , what is "legal description of property" ? What are they asking for ?

Mutually agreed upon to do it this way

Rand Scott Lieber
Rand Scott Lieber answered on Apr 7, 2020

You should consult with a local real estate attorney if you need help with this. The quit claim deed may not be valid without the proper legal description. They are the specific words that describe the property in the public records.

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2 Answers | Asked in Tax Law and Child Custody for Florida on
Q: I claimed my son for the first time after Court ordered Parenting Agreement, IRS wants me to prove child is dependent?

Our agreement states that I claim my child for odd year returns. I claimed my child and now I am being audited to prove that I am qualified to claim the child as dependent, Head of Household and Earned Income Tax Credit. What do I need to know in order to satisfy their request?

Rand Scott Lieber
Rand Scott Lieber answered on Apr 7, 2020

You can start with sending them a copy of the court order. Worst case you may need your ex to sign an IRS form.

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1 Answer | Asked in Divorce for Florida on
Q: How can I file for divorce during Coronavirus pandemic?

All courthouses in my county (Broward) are closed due to Coronavirus pandemic. Is there an option to submit all the paperwork online?

Rand Scott Lieber
Rand Scott Lieber answered on Apr 2, 2020

Yes, it is called the e-portal. You will have to register. Here is the link: https://www.myflcourtaccess.com/default.aspx

1 Answer | Asked in Child Support for Florida on
Q: owe 3500 on arrears.case is close I am on SSI howcan I get it off my credit report and a paper it is not ow
Rand Scott Lieber
Rand Scott Lieber answered on Mar 31, 2020

You need to return to the court that issued the child support order and ask that it be updated. Then, with or without their help you can submit the order to the credit reporting bureaus.

1 Answer | Asked in Child Support for Florida on
Q: I received a "Full Collection Service Closure letter" from the State of Washington DCS what does it mean?

On the Letter #2 is checked stating DCS will stop providing services then box a is check there is no longer a child support order this came out of nowhere last payment I made was 10/1/2019 been unemployed since 10/1/2019

Thank you

Rand Scott Lieber
Rand Scott Lieber answered on Mar 31, 2020

It sounds like they are saying that your child support case is closed. You need to follow up with Washington state for an explanation.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What happens to my minor child should I die, (God forbid), before he reaches the legal age of 18? I'm not married.

My son is 13 years old and I have custodial custody of him. I was just wondering if something happens to me before he is an adult, does his dad have to get him? He does not have a good relationship with his dad and he has said to me he does not wish to live with him. He rather go with his aunt, my... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 30, 2020

You need to consult with an estate planning attorney who can help you draft a will that directs what will happen with your minor child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters mom left when she was 9 mos now shes 4 yrs and wants take her from me and have me pay support

When my daughter was 9months old her mother decided she didnt want to be a mom gave me verbal custody (which I have documented) and left us both and now she is 4yrs old her mom is wanting to take her from me and have me pay her child support is this legal?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 30, 2020

You need to file a Petition for Paternity in your local court to protect your rights. The court will consider what has happened over the past four years when it decides on a timesharing plan for the child. Child support is a right of the child and will be ordered based on each parent's net... Read more »

1 Answer | Asked in Divorce for Florida on
Q: will a foreign notary be recognized in florida. my daughters mother is in thailand

i understand that i can do most of the paperwork for our divorce via email however, i need to know how to get her signature notarized in a manner that is legal in the state of Florida.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 27, 2020

You do not mention what you are having notarized. Different entities have different requirements. Generally speaking, the foreign equivalent of our notary will be accepted.

1 Answer | Asked in Divorce for Florida on
Q: What does motion of withdrawal of motion to intervene in a divorce mean... Doors that mean I'm not divorced
Rand Scott Lieber
Rand Scott Lieber answered on Mar 27, 2020

Normally a motion to intervene is filed by the department of revenue to address child support issues. It does not change whether you are divorced or not.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Can my ex take me back to court for more child support after 7 years keeping the kids from me?

My ex got with a man that didn't want me to talk to my two kids she went missing for 7 years in another state. She just reached out to me its been 7 years I haven't heard from her or my kids. She is harassing me and threatening me to take me back to court. She has the kids calling me and... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2020

Child support is modifiable in Florida until the children reach eighteen or otherwise emancipate. Likewise you have the right to go back to court to enforce your timesharing rights.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I re-fi during a divorce?

Husband agreed that the house is mine. The paperwork is not finalized. Can I re-fi the house?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 9, 2020

You can but while you are still married the other party will need to sign off on the closing. You can refinance in your own name but he will need to sign a quit claim deed regarding title to the property.

2 Answers | Asked in Family Law for Florida on
Q: We both signed the martial settlement agreement without to much thought. Can we re-submit if we both agree?

Husband was so anxious to file the paper work, and i was just tired of the fighting, so I signed it. Yes I know it was dumb but it was it is. He used a cookie cutter document from his flat fee lawyer and it left out a ton of details, such as who gets the IRAs, retirements, etc.... if we re-do the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 9, 2020

Yes, as long as the new agreement is in writing and signed by both of you it can replace the first agreement.

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2 Answers | Asked in Family Law for Florida on
Q: What if a spouse violates anything in the "Standing Temporary Order for Dissolution of Marriage" ?

Can I report him to the court? I do not have a lawyer.

How do I file a motion? The order is in Lee County, I live in another. Do I have to do it in person, on phone, fax, online?

Example: "Neither party will incur additional debt which would bind the other...."

1)... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 5, 2020

You "report" him to the court by filing a motion specifying what he did wrong.

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1 Answer | Asked in Child Support for Florida on
Q: When can I file to adjust child support?

When my ex wife and I got divorced she didnt have a job and child support was calculated at a low pay rate. Now she has a management position and I actually make a little less. It wont be a year since the divorce was finalized until July. Is it too early to file to modify child support?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2020

Child support is always modifiable. You should consult with a local family lawyer and have them do a preliminary calculation using the new incomes to see if pursuing a modification is worthwhile.

1 Answer | Asked in Child Support for Florida on
Q: Can I give my ex property to make up for pass due child support payments?

Could I transfer to my children’s name?

Since it child’s right

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2020

The short answer is no. Child support is the right of the child. You can sell items for cash and make a payment.

1 Answer | Asked in Family Law for Florida on
Q: I was told that in order for my daughter to travel with her grandmother on a plane that I would have to get a notarized

Letter giving my permission is that true?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2020

You need to check with the specific airline about their requirements.

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