Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rand Scott Lieber
1 Answer | Asked in Family Law for Florida on
Q: Can a wife kick her husband out of the house if he has committed adultery in the state of florida? He signed a prenup.

Deed is in her name and her mother's. They have been married 4 years

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

I am assuming that you and your spouse live in Florida in order to answer this question. You can file for divorce. You can file for exclusive use of the home, meaning that he would have to leave the house. However, adultery is not an "automatic" reason for one spouse to be "kicked... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Am I still entitled to half of our home in the divorce?

01/2001 - Husband completed construction on new home & moved in.

2/11/01 - We began living together in his home and combining incomes into one account, paying all bills together,

12/12/03 - Got engaged

3/8/05 - Husband was injured in an accident at work & became... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Getting divorce in Fl Husband had a 401k plan. before getting married stopped Contributing to the 401(k) change

Does wife have claim of any of this money. When married I had already stop contributing to it

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 24, 2022

If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Does FLorida have common law marriages

I want to leave my boyfriend and want to take the property that was mine with me.

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 23, 2022

No common law marriage but you can still take with you any property that belongs to you if you leave.

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: what type of motion would I file to make my ex pay his child support on time? he pays it every month but never on time

The judge was very clear that it needs to be paid on the 1st of the month and not any later. but it never comes on the first of the month. it comes randomly all different times of the month and I cannot budget because I don't know when it's coming and I want to have the judge enforce it... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 21, 2022

Unless your ex is self employed, the best thing that you can do is to ask for an income deduction order, which is your right under the law. With that order the child support would be deducted directly from his pay check by the state and then forwarded to you. Speak with a local family lawyer for... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 20, 2022

You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues... Read more »

View More Answers

2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

In Florida disability income is still considered income. You will either be imputed minimum wage or you will have a specific amount of disability received. Speak with a local family lawyer for more specific advice.

View More Answers

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was on child support with my ex husband and he gave me the kids because he no longer could care for them and now that

They are grown he is seeking back child support for the time I had them. What can I do?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You need to get a hearing before the court that issued the child support order to explain what happened. You should have returned to court when he gave you the children. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... Read more »

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: If the custodial parent loses custody of their kids does the non custodial parent have to continue paying child support
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 15, 2022

If you have a legal child support obligation then you must return to court to modify that legal obligation. The custodial parent losing custody will not "automatically" change your obligation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support for Florida on
Q: Here in Mississippi it's 21 the by law saids military full time, marriage,incarceration and self supportive are grounds
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 13, 2022

If you have never been to court in Florida then you need to speak to a Mississippi lawyer. Your message says that you are in Miami, Florida.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If my 19 yr daughter moves out of the house with her mother and lives with her boyfriend and works do I still pay child

support the the mother

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 13, 2022

In Florida child support terminates at 18 or high school graduation if later. First you need to read your child support order and see what it says. Second, if you do owe child support and the child is working you can go to court for a reduction based on the child's earnings. Speak with a local... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife and I are getting divorced. My truck is in her name and her vehicle is in mine. Can I take mine back?

This is in Florida. Both vehicles are solely in the other spouses name. I am trying to take the one in my name and give her the one in her name until we get divorced and can figure it out in court. She is objecting but the divorce has not been filed yet. Both vehicles are being financed

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2022

You do not mention if the other party is objecting. Generally when a divorce is file the expectation is that both parties will maintain the status quo, financial and otherwise. You should continue to use the vehicle that you have traditionally used. If that requires a change then you must either... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters father who had physical custody has passed away in Florida. Now I have my daughter

Our custody agreement is from Kentucky. I’m I required to transfer and change the agreement it in the courts in Florida?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2022

If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can I take my son and move back to my home state. Is there anything the father can do? We reside in Florida now?

I lived in New Hampshire and he moved up there to be with me. Well we ended up having a baby and when the baby was 5 months old we moved to Florida, he is now 18 months. But I had no idea how controlling and abusive he was gonna be, and from his attitude and the stuff that he says he does not want... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 30, 2022

You do not mention whether you have ever been to court for paternity. If there has never been a paternity order then in Florida the mother is in complete control. However, if you move the father can file a Petition for Paternity here (FL) and since you have lived here for the past six months it is... Read more »

1 Answer | Asked in Family Law for Florida on
Q: See below rtegarding an abusive relationship

I have a child with a woman who is not my wife. She is an alcoholic and abusive (not physically) to me and our son. Can I legally remove him from the home we cohabitate and move to another area. I am listed as his father on the birth certificate. Thank you

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 29, 2022

To protect yourself legally you would need to file a paternity action. You can certainly do what is necessary to keep the child safe but you should not simply leave without going to court as well. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is there a way to establish legal rules on paper but not through the whole process? Maybe like with a mediator or?

My daughters father and I are not married and have never been married. I moved to Florida from Georgia and don’t have money to switch my car and everything over to Florida. So I have an out of state license. My child’s dad always wants me to drive and bring her to him and we have disagreements... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 26, 2022

If yo have never been married then you as the mother have total control of the situation. If you have lived in Florida for more than six months then you can file for paternity here, with or without a drivers license. You just have to prove that you have lived here and plan to continue living here.... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: I have majority custody of my kids. I got permission to move from FL to WV. Their father just moved from FL to SC.

He had agreed for us to relocate back to FL by Oct of this yr but moved to SC & now he’s saying I can not relocate the kids even though he already has an out of state parenting plan which he didn’t even keep them during his summer visit causing me to lose a good travel assignment. His... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 22, 2022

The law in Florida is that you can only address children's issues if one or both of the parents (or the children) live in Florida. It sounds like no one lives in Florida anymore so you would need to go to court where you or the other parent lives. Should you move back to Florida and live here... Read more »

1 Answer | Asked in Child Support for Florida on
Q: VA disability compensation be used when calculating child support in Florida? Employed full-time with VA disability
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 18, 2022

Yes, disability payments are considered income for child support purposes.

1 Answer | Asked in Child Support for Florida on
Q: Can PR collect child support on a case that was completely paid through FL?

We had a child support case in FL. It is completely paid off (she is 23 now and not in school). FL enforced it and we always paid through FL, now PR says that we owe child support through them. We were never contacted by PR and had no idea that there was a case. We found out because they just now... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 12, 2022

You can start by providing PR with whatever FL documents that you have showing payments and satisfaction. Your ex can prepare an affidavit saying that the child support was paid in full in FL and that they are not requesting anything further. If that does not work then you may need to consult with... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.