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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorce q - Are all investments owned prior to marriage but since sold then re-invested considered marital assets?

I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 9, 2024

The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50.... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: My estranged husband has been sending harassing messages.

I've been separated from my estranged husband since December 2023. I tried to get the divorce earlier in 2024 but he refused to sign the paperwork out of spite; I paid for everything and only wanted his signature. He is an angry, abusive, and hateful alcoholic. After receiving harassing and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

If you have filed for divorce then you have been assigned a judge. Schedule a hearing with the judge and explain what is happening. You may need to file a motion. It can be handwritten explaining why you want the hearing. Judges have a judicial assistant who you may be able to call on the phone for... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in Florida. My children live in ny. How do I go about getting custody or at least scheduled visits?
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2024

If your children have lived in NY for longer than six months then you need to file for timesharing in NY in the jurisdiction where the children live. If you were never married to the other parent and have never been to court then it would be a paternity case. Speak with a local family lawyer for... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: How do I know if I am actually divorced?

I got married in Florida in July 2005 after knowing my exhusband for only three months. After we were married I learned he is a criminal, has mental issues, and he became very abusive. He spent the majority of our marriage in and out of Jail & mental hospitals. I left multiple times but he... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2024

You may want to hire a private investigator for this. If the divorce happened in Florida then you should be able to find a record of it. If it in fact never happened then you can file a divorce now. In the final judgment you will need to include that he has no legal rights to any of your property.... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have out state parenting plan from GA and would like to enforce that in Tampa Florida.

Do you know if that can be done and how?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is a default judgement bad for the plaintiff in a divorce case?

I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2024

The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More

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1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: How do I get money back from the department of revenue that was taken in a workman's compensation settlement via a lien

They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 24, 2024

You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If you father a child with a married woman, who has been separated from said husband for years, what rights do you have?

The one who fathered the child has financially helped the Mother and child since birth. He has been getting her alternate weekends and a few hours every Tuesday and Thursday since she has been able to walk. She is mad at the father at the present and is withholding the child.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 17, 2024

Legally, the man that the woman was married to at the time of the birth is the "legal father." This can be changed but you must take the mother to court on a paternity/ disestablishment of paternity case. You will need to include the man that she is/was married to in the lawsuit. Speak... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: In Florida, how likely would it be that an absent father would get custody and / or visitation? I need some legal advice

Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 16, 2024

The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do I have to follow me and my exs time sharing agreement even though she doesn't live in her documented state?

I have a time sharing custudy agreement. I also have residential custody of my son that is based out of his mother living in Pennsylvania but she hasn't lived there in years and now resides on the east coast of Florida. Nothing has been changed in the courts on her end. I also live in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 16, 2024

Both of you are bound by whatever it says in your parenting plan. If you want to change the plan then you need to go back to court for a modification. As long as you are both following the parenting plan you can each live wherever you choose. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Family Law and Divorce for Florida on
Q: Jurisdiction:- Florida (west palm beach)Family law matterNeed information (as explained below) re dismissal

Brief overview:

* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county

* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.

* She filed a counter petition... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 6, 2024

This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What would be the next thing to do while waiting on pending information from hearing on petitioner modification filed.

I have a custody case now open and the father of the child will not abide by the court orders as far as parenting plan given from different state. Case was thrown out because of jurisdiction and is now open here in state of FL. What is the next steps so I can get 50/50 here in FL as the case is at... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 6, 2024

You are always able to request a case management conference (status conference) with the judge. Look online for your judge's division procedures and there should be instructions for scheduling. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I am currently still married to my daughter’s father we have been separated for four years. We have no custody agreement

My daughter lives with me and sees her father every other weekend and he has never paid child support. I want to move to Alabama so my daughter can grow up with her cousins since we have no family here. Getting a job wouldn’t be an issue and we could stay with family until finding a place to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 5, 2024

If you are still married then you both have equal rights over the child. Technically you can move without his permission; however, if he goes to the court you could be ordered to return. The better path is to either reach an agreement with him or go to court with a divorce/ relocation case. Speak... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Has a pro se registered individual in a divorce case. What is the process to file for a hearing for the court?

JAWS appears to be only for attorneys. I have filed two motions that I want to bring in front of the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 3, 2024

Look up the division procedures for your judge online. There should be instructions on how to request and schedule a hearing. There should also be a phone number and/or email for the judicial assistant. That is the person with whom you need to communicate. Speak with a local family attorney for... View More

1 Answer | Asked in Family Law for Florida on
Q: My daughter lost rights to children didn't finish her program her husband is sending kids to mexico to his family ?

They live together still married can she stop kids from going alone to his family she's with children and husband thx

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 3, 2024

You need to carefully read the order that says "your daughter lost rights to children." That is where it will say if the father has the ability to send the children to Mexico. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was married and divorced in Alabama but lived between Al and Fl.I would like my personal belongings that are in Fl

He’s a narcissist and am fearful of being alone.

I have to pack and will need assistance from my son

He can keep the furniture but would like half of the $

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 3, 2024

You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2024

You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Is my baby daddy responsible for a potion of the rent even if he doesn’t live with us ?

We split our baby’s expenses half and half and I was wondering if a portion (half of the baby’s room) should be included in the monthly expenses we’re both responsible for. Thank you

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2024

Child support is a specific amount paid based on the parent's incomes based on a formula in the law. Once chid support is paid the recipient can use it for whatever they want. It is not tied to any specific expens (like rent). Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Does my son's father have to have custody to enroll him in school in TN and to take him to Dr visits
Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2024

In Florida, assuming that you are not married, it is the mother who starts with all custodial rights. Once you go to court for a paternity case then through shared parental responsibility both parents can make decisions as long as they are in agreement. If you are in agreement with the... View More

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