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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Child Support for Florida on
Q: How do they split the cost of child support for kids in different states? what if theres a modification w/my CS in MN?

I pay child support for a child in MN, I havetwo other children who live in FL who i dont currently pay child support for. If it comes to having to pay child support for my kids in FL how does that affect what i pay for my child in MN? If the mother in MN wants a modification and i then have my... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 15, 2021

The law in Florida is that the oldest (first born) children take precedence. For example, if you are calculating FL child support and the MN child was born first then the amount that you are paying in MN would be a deduction in the FL calculation. I cannot answer regarding MN law.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Me and my ex are currently living together and we have a child. She also has 2 other children who I have raised for the

- past 7 years. Their fathers have nothing to do with them and they even think I am their father. She is very unstable and has even almost physically hurt the children before and even told me that if I wasnt there to stop it she might have really thg hurt her 6 year old one day. I've only... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 13, 2021

I am assuming that you are in Florida. If not then you need to ask this question of a Louisiana attorney. For your child, you need to file a Petition for Paternity to protect your rights. For the other children, since you are not married to the mother you really have no legal rights.

2 Answers | Asked in Divorce for Florida on
Q: In Florida, are you obligated to take money out of non marital IRAs to pay alimony?

I am getting a divorce in Florida. Every month my expenses are higher than my income. I have some IRA money that is not marital. Will I be obligated to deplete my IRAs to pay alimony?

Rand Scott Lieber
Rand Scott Lieber answered on Jan 11, 2021

Alimony is based on one party's financial need and the other party's ability to pay. It is not based on assets, marital or otherwise, unless they are income producing assets. If the court determines that all of your monthly expenses are justified then you should not be... Read more »

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1 Answer | Asked in Child Support for Florida on
Q: In Florida, does the Social Security than a child gets count towards child support payments?

I am getting divorced in Florida. I am retired, getting a monthly social security and annuity payments of about $5K a month. I have a 5 year old son getting social security each month (because of me) of around $1.3K.

The child support tables say that for an income of $5K the support should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 11, 2021

SS received directly by the child will reduce your child support obligation. However, it may not be as simple as subtracting it from the calculated amount. Look for a free consultation with a local family lawyer.

1 Answer | Asked in Family Law for Florida on
Q: Post-nuptial agreement: WIFE agrees to forego homestead rights and allow HUSBAND to sell family home? Enforceable?

Agreement would allow WIFE to live in home for 1 year before right to sell in effect. She would be agreeing to sign off anything needed to complete a sale.

Home is titled in HUSBAND's name. I read about a new law allowing a spouse to forego such rights, but it seemed to apply to... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 4, 2021

As long as all of the other requirements are met for a valid agreement a spouse can waive their rights to a real property, including homestead, and it will be enforceable.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If my Childs father does not give her back on aggreged upon date can I call the cops?

Father is on the birth certificate but my daughter has been with me for all 5 years of her life. No custody or parenting plan is in place. I'm allowing her to go visit for 2 days. If he decides to keep her can I call the cops? He does not pay child support and there is nothing in the courts... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 29, 2020

If you are this concerned then you should not let her go until you have a court order. Legally you have all the rights based on what you say but that won't automatically stop him from refusing to return the child. Make him go to court if he wants timesharing and have him pay child support as well.

1 Answer | Asked in Family Law for Florida on
Q: I signed a waiver of service of process and consent to extended family placement while in jail. How do I remove it?
Rand Scott Lieber
Rand Scott Lieber answered on Dec 28, 2020

You need to return to the court that issued the order and present your new circumstances to ask for a modification (change).

1 Answer | Asked in Child Support for Florida on
Q: Received at letter that mother wants back child support but I always paid her. Also it says child is in daycare and isnt
Rand Scott Lieber
Rand Scott Lieber answered on Dec 28, 2020

You need to respond to the letter. You will have the opportunity to show proof of your payments. She will need to prove that child is in daycare. Do not ignore the letter.

Good luck.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If CP becomes unemployed in FL can the NCP obtain custody of the kids to support and move out state to GA?
Rand Scott Lieber
Rand Scott Lieber answered on Dec 22, 2020

If your court order on timesharing is from Florida then you must return to court in Florida and prove to the court that it is in the child's best interest to relocate to Georgia. The court will consider numerous factors including each parent's financial ability and home situation.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: I live in Fl. Child's father Lives in N.M. He is in arrears of approx $30,000 in past support payments. I get -0-

We moved here approx 2 1/2 yrs ago and case was transferred to Fl from Az. Florida support tells me they have not heard back for N.M. When I call N.M, they tell me I need to go thru Fl. Getting the run around. Nobody whats to help...... I can not afford to hire a lawyer

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

Your local jurisdiction should have a department that deals with child support enforcement. Find out who that is and contact them. There is no charge for their help.

Good luck.

1 Answer | Asked in Child Support for Florida on
Q: I live in Florida my ex and kids live in Pennsylvania. Who has jurisdiction. Case opened in nys.

To my understanding if both parents and kids move on from the state the order was created, that state no longer has jurisdiction.

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

In Florida, you can go to court where either parent lives or the child lives. If you are trying to modify the NY order you will need to domesticate the NY order. That means filing a certified copy of the original order in the new jurisdiction that you want to use. NY continues to have jurisdiction... Read more »

2 Answers | Asked in Family Law for Florida on
Q: In the state of Florida After mediation the consent a final judgment is signed off by both parties does child support be

After mediation the consent of final judgment is signed off by both parties does child support begin on the date it is signed? Or after judge signs off?

Rand Scott Lieber
Rand Scott Lieber answered on Dec 11, 2020

A well drafted agreement should include the date that payments begin, independent of when the final judgment is signed. If the two of you cannot agree on the start date then you must go back to court for clarification.

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1 Answer | Asked in Family Law for Florida on
Q: My husband and I are separate he's living w/another woman in a neighbor country,could he take our son and not have to

Return him being he is his father?

As of right now he will not communicate with me and I'm scared if I allow our son (he's 5) to go then they will not let me call and check in him.

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

The only way for you to get legal protection is to file for divorce. Otherwise you each have equal rights to the child as a married couple, even if you do not live together.

2 Answers | Asked in Family Law for Florida on
Q: After 14 years the biological father of my child is demanding that I tell him he has a biological father.

The biological father never claim rights to my child when he was a born and I was granted a restraining order against him for assaulting me after the birth. We went in front of a judge and he never even mentioned my son to the judge. My ex- husband stepped in and sign the birth certificate and has... Read more »

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

The biological father would have to go to court on a paternity action. Once in court he would have to explain his absence of fourteen years. The legal standard is what is in the best interests of the child. At this point you have no legal obligation to the biological father.

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2 Answers | Asked in Divorce for Florida on
Q: In a divorce settlement, one spouse will keep the house & refinance the mortgage. The Closing Costs will be split 50/50

The refinance settlement statement requires 13 months of Escrowed FUTURE Hazard Insurance and 4 months of Escrowed Taxes.

Is the one leaving the property responsible for the FUTURE Escrowed taxes and hazard insurance since they will not be on the mortgage or own the property for the next... Read more »

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

Unless the settlement agreement says otherwise, the party keeping the house is responsible for all FUTURE expenses. Future escrows should be excluded from the 50/50 closing costs. However, any left over escrow from the prior mortgage would be divided 50/50 and the party keeping the house could... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: What forms can I file to give my sons grandparents temp guardianship? We both reside in different sates .
Rand Scott Lieber
Rand Scott Lieber answered on Dec 9, 2020

You do not mention the legal status of the other parent or what the purpose of the guardianship is. My best advice is to consult with a local family lawyer who can draft documents that are specific and appropriate for your circumstances. It is also possible that you cannot grant this guardianship... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: my childs mother has threatened to take my daughter and move to another state. my daughter is 3

and has been living with me since our breakup in April 2019. she see's her mom randomly some times once a month sometimes she will go 7 weeks without seeing her and its normally for a few days at a time when she does see her.

her mom has been living in motels hotels renting rooms and... Read more »

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

If you have not already, you need to go to court on a paternity action. There you can establish your timesharing (custody) in a court order. Until the father of a child born out of wedlock goes to court the mother has full authority over the child.

Good luck.

1 Answer | Asked in Child Support for Florida on
Q: Can child support be reinstated after age 18 for an extension after an agreement was just made in court?

I had custody, our child moved back with her mom. We agreed on an amount I would send while waiting for support court. We had court Sept 2020. The judge gave her the option to reinstate support at a lower amount and giving her the opportunity to file for an extension until graduation. Or to... Read more »

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

If the last order says payments end in December 2020 then they end. You may need to present this in court to defend your position but legally, she cannot have it both ways.

1 Answer | Asked in Family Law and Adoption for Florida on
Q: I just found out my ex gave my daughter up for adoption, without my knowledge or consent. I'm the biological father

She broke up with me and completely shut me out of her life..she did not get an abortion done and ended up giving the baby up for adoption..this was almost 4 years ago..and I just found out today that I have a daughter who I didnt even know existed....

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

Unfortunately if the adoption was four years ago there is probably nothing that can be done now. The courts will always look at what is best for the child and taking a child away from the family that it has known for four years is not in the child's best interest. Your remedy was to go to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: 30 years ago I changed my name. I am unable to find any court records and have been told no records can be found

I have ssan n drivers license in New name but don't have birth certificate showing new name. Florida wants a birth certificate showing new name or can not get drivers license. What can I do

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

Did you ever get a passport with the new name? Social security would not have changed your name without something official. Name changes happen in court so you need to track down the court where you believe that the name change was entered. Your birth certificate is never going to change.... Read more »

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