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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a petition to establish paternity conflict with an application for child support?

I applied for child support about 2 weeks ago, and they just sent me a letter saying they opened an administrative case. I’m pretty sure that my ex boyfriend received this as well, b/c I just checked the clerk of court website & I see that he has filed a petition to establish paternity (filed... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 25, 2020

The DOR case (administrative) and the Paternity case should be consolidated by the court. There is no reason for a delay as you are entitled to child support regardless of his filing.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can I charge the father of my grandchild rent as I will be housing his child after abandoning my daughter

My daughter is currently finishing her degree and has not worked so my husband and I will be helping her raise the child

Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2020

You can charge him rent if he is living in your house but you say he has abandoned the mother. If that is the case then the mother needs to pursue child support from the father, which she can share with you for expenses.

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2 Answers | Asked in Family Law for Florida on
Q: Is there any reason or benefit in an unmarried mother filing a petition to establish paternity?

My daughter has a 5 yoa son with her ex boyfriend. He has not seen the child in almost 2 years. We just got word from one of his family members that he’s going to be filing a petition to establish his paternity. My daughter for some reason wants to file first so she can be the first to say what... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2020

There is no advantage to filing first. The court is going to do what is in the best interest of the child regardless. Until anyone files mom has 100% rights over the child.

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2 Answers | Asked in Divorce for Florida on
Q: My girlfriend and I want to get married. But first we have to dissolve/ get an divorce from her first marriage

They have been separated for almost 20 years. And we have no idea where he is. Can she still get a divorce with out us knowing where he is. / With out his signature. And how would we go about doing that?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2020

Yes, it is called a divorce by publication. Schedule a consultation with a local lawyer who can guide you through the process.

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1 Answer | Asked in Family Law for Florida on
Q: I currently live in FL and am wanting to change my daughter's last name (minor) to my own, her father is deceased.
Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2020

It should not be a problem as long as you can prove the father's death, perhaps with a death certificate. Just file a Petition for Name Change where you live.

2 Answers | Asked in Divorce for Florida on
Q: I have been paying lifetime alimony for the past 10 years.

My ex wife has her masters degree and since the divorce she has been working. Probably making around 40-50K a year plus the $4k I give her a month in alimony. She sold the house, I gave her the equity and she downsized. Is there anyway for me to get out of lifetime alimony ? She is in a better... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 23, 2020

You need to read your divorce decree (marital settlement agreement) to see if your alimony is modifiable. If yes then you can return to court for a modification. You will also have an opportunity to modify when you retire.

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1 Answer | Asked in Child Support for Florida on
Q: How should child support be calculated if the child is also receiving SSDI?
Rand Scott Lieber
Rand Scott Lieber answered on Feb 23, 2020

SSDI is a credit in the calculation. You should consult with a local family law attorney who can do the calculation for you.

1 Answer | Asked in Child Support for Florida on
Q: Can a mother in the state of Florida, try to collect child support from a father that never knew she had a child?

The child is 18 and has never had contact

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

In Florida, if the child is already 18 and there was never a paternity action then it is too late to pursue child support.

2 Answers | Asked in Child Support for Florida on
Q: I have a child support order in Florida. I have been paying onlinr.every 2 weeks religiously.

But for the past year I have been paying her directly. If she writes a letter to child support will that be enough for credit?

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

It should be enough but you should always keep your own record of any direct payments ( canceled check, online transaction printout, etc.).

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1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: Can someone who violated an injunction twice get it modified if the other party doesn’t want it to be?

I have a permanent injunction against my ex boyfriend. It went into effect in August of 2018. Since then he has violated it twice, and was convicted both times. The first violation was in September of 2018. The second violation was in May of 2019. From May 2019-December 2019 he was incarcerated for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 13, 2020

A person can always seek a modification. It is up to you to present your case and convince the judge that your position is the correct one.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Unmarried father with history of domestic violence get unsupervised time with his kid?

Hello all, I have a 5 year old with my ex boyfriend. I have a permanent injunction against him with our daughter included since September 2018. He has 2 domestic violence misdemeanor battery convictions, and 2 violation of injunction convictions, all against me all within the past 3 yrs. He got out... Read more »

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

You need to be ready to present evidence as to why he should have supervised visitation. If there is no relationship then the timesharing would probably start with a reunification plan. You should schedule a consultation with a local lawyer to discuss the details.

2 Answers | Asked in Child Support for Florida on
Q: Can you request child support when the respondent files to modify an injunction?

I have had a permanent injunction against my ex boyfriend since July 2018. I did not ask for child support when I got that injunction. He has now filed to modify the injunction so he can see our son (our son is on the injunction), and I’m wondering if at this hearing I can ask for child support?... Read more »

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

Unless you already have a companion case for paternity or divorce you will need to file that separately to pursue child support.

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3 Answers | Asked in Child Support for Florida on
Q: Can I request temporary child support during a paternity proceeding?

My ex bf has filed to establish his paternity, and we have an upcoming hearing. I wanted to know if I can request temporary child support while this case is pending? He has not seen our daughter in over a year & nor has he sent any money to help support her and child support had been unable to find... Read more »

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

You can pursue child support at a minimum from the date that papers were filed in court and under the proper circumstances you can go back two years.

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2 Answers | Asked in Child Support for Florida on
Q: Am I responsible for retroactive child support while I was incarcerated?

I broke up with my ex girlfriend July 2018 and in January 2019 I was sent to jail until July 2019. Back in January of this year I was served with an administrative order to establish child support. I completed the paper work & turned it back in in time. Yesterday I just received a proposed order,... Read more »

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

A parent can be imputed minimum wage as income. Going to jail or prison does not alleviate the child support obligation. They should give you time to make payments on the arrearage.

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1 Answer | Asked in Child Support for Florida on
Q: I got paper work for child support and missed the deadline what do i do now
Rand Scott Lieber
Rand Scott Lieber answered on Feb 10, 2020

You can still respond. Even if something happened child support is always subject to modification until the child turns 18 or otherwise emancipates.

1 Answer | Asked in Family Law for Florida on
Q: My boyfriend's son is 21, has a full time job teaching & school part time. Does he still have to pay child support?

His son just turned 21, got a new job teaching/Monday-friday, and going to night school .they live in Puerto Rico

Rand Scott Lieber
Rand Scott Lieber answered on Feb 10, 2020

He needs to read the order that awarded child support. It should indicate the circumstances that end child support.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I deny a referral to a magistrate?

I've been assigned to a magistrate but I want my case to be heard by the judge and reason being Im waiting for my tax return at the end of the month to get a attorney.

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

You can file a written objection within ten days of the referral.

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1 Answer | Asked in Child Support for Florida on
Q: My exgirlfriend in Indiana from five years ago, now wants to file for child support. No paternity was established. Help.

She wouldn't let me in at the hospital and after seeing him a couple times, avoided me. After trying for a year to see him left IN for FL. No contact from her since, having been blocked phone, Facebook. Messaged me this past Thursday saying she filled for child support. Can she get back pay or... Read more »

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

Because mother and child live in Indiana you need to ask this question of a lawyer licensed in Indiana.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex filed a motion for income deduction. I have never been late nor missed any child support payment for two years.

On our Agreement plan. We agreed that the child support payments should be paid to the wife directly. We are going to have a case soon. I cant afford paying an attorney. So I will be representing myself. Is her request going to be granted for her even thought I've never missed any of those payments... Read more »

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

Her request will probably be granted, unless there is specific language in your settlement agreement about the procedure if you are ever late. The law in Florida is that it is a recipient's right to have an income withholding order, even if you have made all of your payments on time.

1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Is there any legal document I can provide to my girlfriend that gives her full authority over our child?

Me and my girlfriend live in Florida. She is divorced but kept her ex husband's last name. We are expecting and she wants the child to have her last name. I understand her concern, we have seen other mothers struggle to give their child a better life because the dad wouldn't consent (even with... Read more »

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

If the two of you are not married, unless you file a paternity action she has 100% rights to the child. Putting your name on the birth certificate will not change that.

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