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Questions Answered by Rand Scott Lieber
2 Answers | Asked in Family Law and Child Support for Florida on
Q: How should I respond to a petition for modification of child support due to a child turning 18?

This fact is true however, the child is in college and is still being supported by myself and currently resides in my home. I also still pay for his insurance, vehicle, gas, and food.

Rand Scott Lieber
Rand Scott Lieber answered on Oct 19, 2020

The law in Florida is that child support terminates at age 18 and/or high school graduation. Unless you have a settlement agreement that says something different the child support will end.

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1 Answer | Asked in Family Law for Florida on
Q: Do I as a Father of a child have a right to know WHO lives in my ex gf's new house?

Me and my ex gf have 50/50 child custody. She moved to her parents after we split up. 2 years later she moves to a new place and won't tell me who she rents the house with. As a Father I am concerned about my son's safety. What can I do?

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

You do not have a specific right to know the names of the people that she lives with. You do have a right to know that your son is in a safe environment. You always have the option of going to court if you can offer specific allegations regarding the safety of the child.

2 Answers | Asked in Family Law for Florida on
Q: In Florida if a car in bought with one of the spouse's money and it is registered under his name is it marital?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 15, 2020

If it was purchased during the marriage then it is most likely marital. An exception might be if it was purchased with funds that were inherited. Title by itself does not make it non-marital.

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1 Answer | Asked in Family Law for Florida on
Q: Is there forms needed to accept and lump sum payout of alimony from my ex

My ex wants to pay me out with a lump sum instead of monthly payments, is there a special procedure to do this?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 14, 2020

There is no form; however, if the two of you are in agreement then you should put the agreement in writing and both of you should sign it. As an additional measure, you can file the written agreement with the court.

1 Answer | Asked in Family Law for Florida on
Q: Is a parent who is instructed on divorce decree to have child under their medical insurance responsible for medical bill

Is a parent who is instructed on divorce decree to have child under their medical insurance responsible for medical bills?

My spouse's ex husband is suppose to have their daughter on his medical insurance through his work. He never put her on the insurance and now there is major... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 12, 2020

This is not a simple yes or no answer. Father was responsible for providing health insurance but there is normally also a provision for how "uncovered" medical expenses are paid. It is possible that the father could be liable for the portion that would have been covered by insurance due... Read more »

2 Answers | Asked in Family Law for Florida on
Q: I've been told that in the state of Florida a father who never been married has no rights to his children. Is this tru
Rand Scott Lieber
Rand Scott Lieber answered on Oct 8, 2020

As an unmarried father you must file with the court to establish your rights to the child. There is no default meaning that it does not happen automatically. Mother has all rights until you go to court.

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1 Answer | Asked in Divorce for Florida on
Q: we own two condos one was quick claim to my wife from mother. If we separate can she deed it back to her behind my back

I would like to know if she can do that without my knowledge if we were to separate as she was trying to do that when we talked about it. We have been living in it two years then bought a house and we rent it out along with another one

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

If she does a quit claim deed while you are married there will be a cloud on the title (a problem). Any person who is married must have their spouse sign off on a property transfer to convey a clean title. She may be able to do it but she will be creating problems for the future.

1 Answer | Asked in Child Support for Florida on
Q: How can I transfer my current child support case to a different state?

My kids and I used to live in NJ but have been living in FL for 3yrs now. My ex husband lives in New York. My child support case has been active in NJ for many years...how can I transfer my child support to our home state of FL to request a modification?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 6, 2020

You can file the modification in the jurisdiction where you currently live in Florida. You will need to include a copy of the NJ order on child support that you are asking to modify. A local family lawyer can help you with this.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: How and when to get a quitclaim deed/refi a mortgage after divorce?

Our divorce is just finalized and my husband's interest in our home is being transferred to me. We are both on the Mortgage. I know I need to refi to remove him from the debt, but how do we go about the quitclaim deed? Is that done before mortgage refi, at time of refi, or after the refi?... Read more »

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

The best way is to get the quit claim deed executed now. You will then hold the deed until you refinance at which time it will be filed by whoever handles your closing. This way you do not need to chase down your ex in the future when you need the deed.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Establish paternity for child support father not on birth certificate does he have any rights of the child
Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2020

If you were never married, the mother has full timesharing (custody) rights to the child until the father goes to court on a paternity action. An administrative order that determined paternity and established child support does not automatically address timesharing (custody). The father's name... Read more »

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My children & I live in Florida, my ex lives in NJ. Do I need to register my child support order in NJ?

I have a Florida child support order that says my ex is to pay $1200/month. However, he only pays around $400/month. There is an income deduction order, but for whatever reason the support is not being deducted from his paycheck. He moved to NJ & is working out there. Should I register the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 15, 2020

You do not need to involve the NJ court. Your local Florida child support enforcement entity can help you. Contact the court where you live and notify them of his new employment. They will make sure that NJ receives the IDO.

1 Answer | Asked in Child Support for Florida on
Q: Florida: Payor told DOR that they are sending money directly instead of through child support office Is this legal.

Court ordered payments through child support office , but no money since February. I called DOR and was informed that they were told payor told them that they are sending money directly to me, no proof ever given.

No call made to me and I was told to file a motion is this legal?

Rand Scott Lieber
Rand Scott Lieber answered on Sep 8, 2020

You need to file a motion saying that you are not receiving the child support. Once in court it will be payors burden to prove that direct payments were made. If the court order says payments through state disbursement unit then that is where payor should be sending payments, not directly to you.

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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