Questions Answered by Rand Scott Lieber

Q: my ex lives 85 miles away, since I have completed a child support modification he wants to pursue shared custody?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 14, 2019
Rand Scott Lieber's answer
Both parents are entitled to spend time with the children. The court will enter a timesharing schedule that is in the best interests of the children. The court will look at the father's past conduct regarding spending time with the children. If they are established in their current school then they will continue to attend there. The court will not order them to travel 85 miles each way to go to school. If by shared custody you mean 50/50, that does not seem reasonable based on the information...

Q: Can a Florida prisoner married to a women in France file a simplified petition for dissolution of marriage?

2 Answers | Asked in Family Law for Florida on
Answered on Feb 13, 2019
Rand Scott Lieber's answer
If the prisoner has lived in Florida more than six months then they can file for divorce. If the spouse cannot be found then there is a procedure for divorce by publication.

Q: How does disability from the military/VA factor into child suport

1 Answer | Asked in Child Support for Florida on
Answered on Feb 12, 2019
Rand Scott Lieber's answer
Child support in Florida is based on each parent's net income. If a parent is receiving disability payments then they are included in their income.

Q: Is it possible to have divorce papers drawn up without going to court?

2 Answers | Asked in Divorce for Florida on
Answered on Feb 7, 2019
Rand Scott Lieber's answer
Filing with the court is what makes it legal and final. You can enter into all of the necessary agreements and complete the forms prior to filing with the court. Your local clerk may have a "self help" packet of forms or they are all available for free online. Just google florida family forms and choose the flcourts website.

Q: who is required to do transportation mediated agreement states father, parenting plan states whom ever is starting ts

1 Answer | Asked in Family Law for Florida on
Answered on Feb 6, 2019
Rand Scott Lieber's answer
The dad returns clause probably prevails but unfortunately if dad takes the opposite position then you must go back to court for the judge to decide.

Q: Myself and my spouse are filing for divorce. Are we qualified for a Simplified Dissolution of Marriage in Marion County?

2 Answers | Asked in Divorce for Florida on
Answered on Jan 31, 2019
Rand Scott Lieber's answer
"Simplified" does mean no assets or liabilities but you can still pursue a regular divorce. The lawyer wants to make sure that you have each disclosed all of your assets and liabilities and is probably requesting that you complete a financial affidavit so that there is some evidence of the disclosure.

Q: Hello, How can I get my Turkish divorce recognized in the United States? Both marriage and divorce was done in Turkey.

1 Answer | Asked in Divorce for Florida on
Answered on Jan 30, 2019
Rand Scott Lieber's answer
What is your ultimate goal? You can simply file the translated certified (apostiled?) copy with the clerk of the circuit court where you live.

Q: As the child (35 yr now)never received child support from her father while living in PR can she claim the total pension?

1 Answer | Asked in Child Support for Florida on
Answered on Jan 28, 2019
Rand Scott Lieber's answer
Unless your mother got a judgment before you turned 18 she probably cannot recover past due child support so many years later. Since child support was owed to the parent if you are the child you have no standing (independent right) to collect past due child support.

Q: Do I have to pay for child care on the other parents days?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jan 24, 2019
Rand Scott Lieber's answer
Child care expense is a part of the child support calculation. You may or may not "take a hit" but the number will change based on the cost of the child care.

Q: Can a voluntary dismissal of a divorce petition be granted if my spouse filed an answer with the court?

2 Answers | Asked in Divorce for Florida on
Answered on Jan 23, 2019
Rand Scott Lieber's answer
Assuming that your filing is in Florida, the Petitioner controls the case if the Respondent did not file a Counter Petition. Therefore, if you dismiss the Petition then the case is closed and Respondent would have to file to continue case. The court may give Respondent more latitude to refile if children are involved.

Q: No custody agreement for children because of financial problem needing to move out of county, will i need to go to court

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Jan 17, 2019
Rand Scott Lieber's answer
If you have never been to court before then the mother has 100% timesharing and can move wherever she likes. If there is an existing court order granting father timesharing (visitation) then you need the father's or the court's permission to move more than 50 miles.

Q: What steps should I take, my wife and I got a divorce and got a court ordered custody for our children. She is holding

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 15, 2019
Rand Scott Lieber's answer
You must return to court and file a Motion for enforcement and/or contempt. Explain to the judge what she is not doing or doing wrong and ask the judge to order her to comply.

Q: Florida held the payments made to me for a child support order bc of modification review. Will I get them for back child

1 Answer | Asked in Child Support for Florida on
Answered on Jan 14, 2019
Rand Scott Lieber's answer
This answer assumes that you are in court in Florida, not Ohio. The court should do the math regarding what was previously owed and what will be owed going forward. You should receive credit for any balance due and owing to you on the effective date of the modification.

Q: How can I stop my ex-wife from changing the marriage-settlement agreement to allow my children to leave the state?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 3, 2019
Rand Scott Lieber's answer
The settlement agreement can only be changed by going back to court.

Q: I have 50/50 w/ my ex she gets 50% off daycare for working there do we split out of pocket cost or do i pay other 50%

1 Answer | Asked in Family Law for Florida on
Answered on Jan 3, 2019
Rand Scott Lieber's answer
Unless your agreement says otherwise you should be splitting the out of pocket. You could try to recover the overpayment but it might be more trouble than it's worth. Only you can make that decision.

Q: I have two kids of 13 & 15; father picks them up every two weeks, but he wants to live with 13. I don't agree next step?

1 Answer | Asked in Family Law for Florida on
Answered on Dec 18, 2018
Rand Scott Lieber's answer
If you cannot reach an agreement with the father then you must go to court to settle the issue. You will then have a parenting plan which spells out each of your rights and responsibilities for the children.

Q: Would that be the assistant to the judge of the original divorce case. We have not been assigned a judge yet.

1 Answer | Asked in Child Support for Florida on
Answered on Dec 12, 2018
Rand Scott Lieber's answer
Wherever the case is currently pending. If the case is filed then there is a judge assigned.

Q: I have filed a modification of child custody and child support. Two of my minor children have moved in with me. How do

1 Answer | Asked in Child Support for Florida on
Answered on Dec 11, 2018
Rand Scott Lieber's answer
Call the assistant to the judge handling your case and ask for a hearing.

Q: My daughter is wanting to give me custody of her 3 yr old son. How do i get this done?

1 Answer | Asked in Child Custody for Florida on
Answered on Dec 10, 2018
Rand Scott Lieber's answer
You need to see a lawyer in your area that handles family law and or adoptions.

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