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2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: dealing with a domestic violence case in New Jersey with the father of my 2 year old. I’m wanting to relocate to fl

Laws are strict in N.J. about relocating but I have support family a job here and nothing in N.J. he is demanding visitation court agreed to it. I do not trust him with my son or want him in his life at all he never was around or a parent when we were there. My son is happier with him not here.... Read more »

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

Step one is to establish your residency in Florida. You will need to live here six months before you can take advantage of the Florida courts. Until then your fight is in NJ.

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1 Answer | Asked in Divorce for Florida on
Q: My Wife and I married in NJ,1993, separated in 2004. She moved to Indiana, I moved to Florida. What state should I file?

We only speak once every few years, everything is civil right now. I haven't brought up the subject of divorce ever, but I would like to finalize this. I am in a long term relationship and its not fair to my current partner that I'm still legally married. My wife and I have lived apart... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 14, 2021

You can only file where you (or your spouse) have lived for more than six months. For you that is Florida. Regarding alimony, unless you have been sending her money throughout your separation, she has demonstrated that she can live without your financial help. That is an argument against alimony.... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Do I need to file the financial statement for dissolution of marriage in Florida?

No children neither of us has assets

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

As long as there are no minor children and no claim by either party for spousal support then you do not need to file the financial affidavit.

1 Answer | Asked in Social Security for Florida on
Q: Florida Married 3 mos shy of 10 yrs to be eligible to collect 50% of his SS benefits when he dies. Dated 3.5 years prior

I want to find out if there any way around this. I wonder if the marriage certificate would still be on file. He never married again. I have 2 children with him. I'm not married now. I believe I would also be entitled to survivor benefits.

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

The answer to this question will not depend on Florida law. You should be able to contact a social security office and ask this question. If your marriage did not last ten years there may be nothing that you can do.

Good luck.

1 Answer | Asked in Divorce for Florida on
Q: Is there like a book of divorce rules for filing that I can find online?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 13, 2021

The family law forms are available for free online. The laws regarding family law are found in chapter 61 of the Florida Statutes (free online). And finally you can read the Florida Family Law Rules of Procedure, also free online.

1 Answer | Asked in Divorce for Florida on
Q: During a simple divorce in Florida, do I need to report debt, there’s no assets no children just want to be divorced?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 12, 2021

As long as there are no children and no claim for alimony then you do not need to file a financial affidavit, which includes assets and liabilities.

1 Answer | Asked in Family Law for Florida on
Q: If I live in Orlando, but I got my divorce in Miami, do I have to get a laywer in Miami for some property issues?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 6, 2021

Your starting point is the court that issued the order that you want to enforce. You also may need to consider where the property is located. Your best option is to speak with a local family lawyer to address the proper jurisdiction to enforce.

1 Answer | Asked in Family Law for Florida on
Q: In FL, premarital business produces income and value after marriage, does the income and value become marital property?

Concerning Florida marital property, if I have a business created prior to marriage, and during the marriage the business generates income and increases in value, and I keep that income in my separate premarital account and any proceeds from selling the business is put in my separate premarital... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 3, 2021

Yes. Unless you had a prenuptial agreement, all of the income and appreciation during the marriage is subject to division. If you can prove the premarital portion, meaning the business value on the date of marriage, you can argue that that gets subtracted prior to division.

You should...
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1 Answer | Asked in Family Law for Florida on
Q: If the mother of my child and I have no custody agreement and I take my child from a family friend is it kidnapping
Rand Scott Lieber
Rand Scott Lieber answered on Apr 1, 2021

If you have never been to court for paternity then the mother has full custody rights. You should immediately file something in court if you are concerned about this going forward. The court (and the police) will look at your past behavior regarding sharing the child.

1 Answer | Asked in Child Support for Florida on
Q: I have sole custody my children. I live in Florida, ex husband lives in Indiana. Can he file for child support?

There is currently child support order in progress in Florida, yet I received a letter from Indiana child support about a child support order. I never got an order from Indiana. I live in Florida. I never received paperwork about an order. How can this be? I have sole custody of the children and he... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2021

This is why parties are required to file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. You need to notify the Florida court of the Indiana action and he was obligated to notify Indiana of the Florida action.

1 Answer | Asked in Child Support for Florida on
Q: My husbands daughters mother is asking for money outside of the child support order.

She took her out of public online school and put her in a private online school and college program as well as bought her a computer without discussing with him to make a coparenting decision. Is he legally obligated to pay?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2021

You need to read the parenting plan (or any other court order) that addresses expenses for the child that fall outside of child support. Common examples are uncovered medical expenses and extracurricular activities. Unless the order says that he has to pay, he is not responsible. Furthermore,... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: when serving a summons for an increase in child support does the financial affidavit need to be included?
Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2021

Your financial affidavit does not have to be served with the summons but it must be filed with the court before you can get a hearing on your motion to modify.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Do I have any rights to property improvements after five years of co habitation?

Property is in her name, we do have a child. I contributed monthly expenses and put money into improvements that increased value of property.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 24, 2021

The short answer is no. Legally you had no obligation to support or improve the property so you do not get credit for it.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Is a child support guidelines form manditory when filing for divorce?

My ex and I have already had an out-of-court agreement on child support. We get along and he pays regularly so is it mandatory that we file for child support (child support guidelines form) when getting divorced? Can't we just keep our agreement without involving the court and inturn not... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 24, 2021

When there is a minor child involved each party must file a financial affidavit and the court will require a child support guidelines worksheet. You do not mention if your agreement is higher or lower than the guidelines. If the agreed amount is higher then there is no problem. If the agreed amount... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter lives w/her mom in NJ. I live in FL. My case is handling by ASUME. How can I transfer my case to Florida?

My current income is lower than I had in PR, I'm still paying to ASUME as if I was there and it's an amount that is hard to afford every month.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 23, 2021

You need to apply for a modification in the court that is currently handling the child support order. If that is NJ then that is where you would file the modification.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Since his time sharing petition was opened first does that override the step parent adoption.

My ex petitioned the court for time sharing at the end of Jan/Feb 2020 (to avoid child support in my opinion) in March of 2020 my husband and I petitioned the court for TPR and Step Parent adoption (Ex hasn’t seen child in 5 years and the child is 6yrs old) In Aug 2020 our petition was granted... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 22, 2021

If the TPR and adoption have already been granted then you need to provide that final order to the court that is addressing the timesharing issue. You should speak with a local family lawyer to make sure that it is handled properly.

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: What is the procedure of getting custody of my 15 yr old daughter who's in custody of her mother.

Also is there an opportunity to submit a request for my daughter to express her desire where to live.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 18, 2021

You do not mention what the current legal status is. If you were never married then you either need to file an action for paternity or if that was done in the past then a petition for modification of timesharing. Florida recognizes timesharing so one way or another you are going to share the child... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Child support delinquency

I recently got a letter from the clerks office stating I was delinquent on payments. The reason they think I am delinquent is because I made direct payments to the other party that weren’t recorded with the clerk. I have copies of all the checks. I scheduled a hearing to sort it out. The lawyer I... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 18, 2021

You need to notify your attorney in writing that you do not want his services. You cannot stop the attorney from appearing at the hearing but you can put them on notice that you are not paying for them to appear at the hearing. If you have a retainer agreement with the attorney you should read it... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I retired and got $114000 payout to a 401A and $46000 to me taxed 24%. My exwife gets $62000. Case law for who pays tax?

Our settlement reads, "The Wife shall receive one-half of value of the 1,536 sick leave hours and 480 annual leave hours, with the value of such hours being determined at the time of payment, upon the earlier of Husband's retirement or his departure from the School District of Palm Beach... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 16, 2021

The legal issue is how did you receive the vacation and sick pay. Did it come to you directly or did it go to an account that was then taxed. If the payout was taxed then former wife should be responsible for half the tax on that specific payout. Unfortunately the quote that you provided could be... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Does "the court reserves to all matters" mean I have to go back to court for my house after a divorce?

I got divorced 3 years ago.

The "final judgement" document that I have states, in relation to my house, that "the court reserves to all matters relating to the house equitable distribution, assets and debts

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

In Florida, a final judgment that "reserves" on a particular issue means that the court has not made a decision on that issue. So yes, you need to return to court to resolve the issue unless you can reach an agreement directly with your former spouse.

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