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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Child Support for Florida on
Q: Hi! So my divorce was finalized I’m July. I agreed to take the money from selling our house and not enforce child

support. Just to end it and keep ,y som safe from abuse. I filed for disability for my son and now they’ve sent a letter saying they’re going to enforce child support payments from the father. Is it possible I could get the child support, or will the divorce decree overturn this.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 14, 2019

It is not legal in Florida to "waive" child support. However, the monies that you received from your ex could be considered an advance payment on child support depending on how your agreement is written. Anytime that you seek government benefits they are going to investigate the child support... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I'm not married and there is no custody order, can I take my child out of state without the father's permission?

I'd like to take my child out of state (FL) for a visit with friends and family, but my baby's father has threatened to call the police for kidnapping if I do so. I'm unsure if 1. That anything bad will happen for me custody wise if I do so and 2. If cops are legitimately called, if I can talk it... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 14, 2019

Unless he has been to court for child support and or paternity he has no legal rights to the child. You should be able to travel wherever you like without breaking the law.

1 Answer | Asked in Family Law for Florida on
Q: Can a grandparent file a visitation Order in The state of Arizona and require visitation time in Florida and Arizona

Maternal grandparent is filing for visitation of grandchildren in the state of Arizona. She is also requiring in the filing that while the children are with their father in the state of Florida that visitation be required. Can an order for grandparent visitation filed in the state of Arizona... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 13, 2019

Although there is no grandparent visitation in Florida, you need to apply the law where the order was issued. If the children primarily live in Arizona and the court order is from Arizona then you must look at the law of Arizona.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Does paying child support give you rights to the child?

my childs father hasn't seen her in 2 years and i'm afraid to file for child support because I don't want him to try to take her away, since she doesn't even know him. I just want to know if I can file for child support knowing his rights will not change unless he tries to file separately for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 12, 2019

The father would have to pursue timesharing in order to get it, regardless of any child support obligation. Even if he does try, you can show the court that he has been absent for two years. All decisions by the court will be based on the best interest of the child.

4 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How can I get my child back from my child father?

I let my daughter go with her father for the weekend he was suppose to bring her back instead he decided to withdraw her from daycare, block my number and any attempt for me to contact my child. I filed for divorce soon after this happened but hes still not allowing me to see her its been 4 weeks... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 11, 2019

You need to apply to the court on an emergency basis regarding timesharing. Try to consult with a local family lawyer.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: How do I get my husbands name on our daughters birth certificate. When she was born I was maried to someone else?

I was married and my now ex husband would not give me a divorce. So I moved out and on. I got engaged and had a child with my now husband. However his name was not allowed on her birth certificate because I was married to someone else. Marlee is 17 and wants her birth certificate corrected. She was... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 6, 2019

It is possible that you could bring a paternity action in Florida and ask for the BC to be corrected. You should speak with a local family law attorney about your options.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: My ex has not responded and I want to change my original offer for time sharing can I fix it upon filing for default?

We had a verbal agreement for about a year it would change slightly more and more until I went to establish an order in writing (so he could no longer deviate) and as soon as he was served he stopped seeing the kids completely. My original offer was our verbal agreement, however, now there isnt... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 5, 2019

File a parenting plan with exactly what you want. If he defaults then you get what you want until he chooses to come to court.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a magistrate adjust child support at a hearing after a new parenting plan was agreed upon with more overnights?

My ex filed a Petition to Determine Paternity & Related Relief. There's a support order in place since August 2017 but no parenting plan so overnights are not included in the support order. We met with a mediator and agreed on a parenting plan that gives me 134 overnights per year. We both filed a... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 4, 2019

You need to read the paper carefully that tells you to come on January 14. It should say specifically what will be addressed by the court. If it does not mention child support then you should probably file the modification right away. The court will look at her ongoing regular income, not zero... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: How can you find out if your spouse filed for divorce in Florida stating they don't know where you are at
Rand Scott Lieber
Rand Scott Lieber answered on Dec 4, 2019

You can search the clerk's records in the jurisdiction where you think that they filed.

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3 Answers | Asked in Family Law and Child Custody for Florida on
Q: My son has a 3 year old son with his ex girlfriend. I am not sure what his rights are as we were out of town and we

believe she has left the state of Florida. She will not speak with him speak or us and she appears to be trying to cut ties. Please advise. Thank you.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2019

Since they are not married, unless your son has been to court on a paternity case she can move with the child wherever she likes. Your son should consult with a local family law attorney as soon as possible to protect his rights.

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Notarized document on a previous agreed child support amount be used against me if I file a child support application

My divorce finalized with a joint custody and an agreed amount. My ex has increased the amount and pressured me in to signing the new agreement. I am having difficulty with the new payments and had to take a second full time job to somewhat keep afloat. I want to go through the court system to get... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 27, 2019

In Florida child support is modifiable until the children turn 18. The amount will be based on each parent's net monthly income. Regardless of what you may have agreed to in the past, the court will do a new calculation based on your current income. The child support formula is part of the law and... Read more »

1 Answer | Asked in Family Law for Florida on
Q: I received a form 12.910(a) Summons and I didn't respond between the 20 days. Its been a month already. What can I do? S

I received a form 12.910(a) Summons and I didn't respond between the 20 days. Its been a month already. What can I do? Should I go to court and make a letter? Basically the case is: My child used to leave with me and early this year she decided to move in with her dad! We both agree to do the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 26, 2019

You should file something with the court, even if you agree with what is happening.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I have a mortgage on my home and it is in my name only, my wife is on the deed. If I passed away could she continue

making the payments on it.

My name is larry

Rand Scott Lieber
Rand Scott Lieber answered on Nov 25, 2019

Once the mortgage company learned of your passing they would want your wife to refinance in her name since she did not sign the loan papers with them.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Do you have to establish paternity in the same state child was born?

Child was born in Wisconsin but lives in Florida

Rand Scott Lieber
Rand Scott Lieber answered on Nov 25, 2019

Paternity should be established where the mother and child live. As long as you have been in Florida for six months then you can file here.

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1 Answer | Asked in Divorce for Florida on
Q: What is a hearing for evidence clarification?

I'm going through a divorce in FL. At the trial, the Judge asked us to submit Proposals for Final Judgement, which we did. I was just notified that we have a hearing for clarification of evidence. What does that mean? Should I bring all the evidence I already presented? Can I bring new evidence... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 21, 2019

The notice should indicate specifically what the issue is. It is unlikely that the court will entertain new evidence. There is no harm in bringing with you the evidence used at trial.

1 Answer | Asked in Divorce for Florida on
Q: I am a USMC retired dependent spouse I live in Florida he lives in Las Vegas Nevada can I file for my divorce in Florida
Rand Scott Lieber
Rand Scott Lieber answered on Nov 15, 2019

If you have lived in Florida for six months with the intention of continuing to live in Florida then you can file for divorce in Florida.

2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Married to an illegal for 10 months in Florida. She has a 3 year old am I elligable for alimony or child support?
Rand Scott Lieber
Rand Scott Lieber answered on Nov 14, 2019

It is not clear whether you mean eligible or liable. Unless you are a biological parent of the child there will be no child support obligation. You do not provide enough information but in general there is no alimony awarded to either party in a ten month marriage.

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2 Answers | Asked in Child Custody and Child Support for Florida on
Q: If my step children's mother moved out of state and left them with us while having a 5050 timeshare do we get primary?

Last year my husband and I were granted 5050 custody of his children. Recently their mother decided to move home to ohio and leave the kids. Does that mean shes forfeiting her 50% timeshare and we get primary custody? Also we are still paying her 70 a month in child support. we do not want to cause... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 12, 2019

There is no way to do this anonymously. You need to return to court and ask for a modification of the timesharing which in turn will cause a recalculation of the child support. Or do nothing, keep the kids and pay the $70.

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1 Answer | Asked in Child Custody for Florida on
Q: Brothers Ex wife is getting married and makes more money now how does he get a child support deduction.

Ex wife previously left off income to begin with and now has yet another job. Seeking to reduce child support payments. My brother is a Military Veteran and Is tired of struggling while She is out getting tattoos and hand guns when He struggling to put food on the table. Her father is a lawyer and... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 7, 2019

You have raised two separate issues. Issue 1 is child support which is always modifiable until the children emancipate. You can file a Petition for Modification and ask that child support be recalculated based on the parents current incomes.

Issue 2 is enforcement. If mom is not following...
Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: i filled the papers last monday oct 28th 2019 to request sole custody for my 2 girls i need and want to be represented

father is manipulative, irresponsible and negligent i have proof he owes me now 3 months of child support on nov 15th will be 4 months .... and afraid for his reaction when he get serve but i needed to do so ... am basically leaving paycheck to paycheck and with the help i get every once in a while... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 1, 2019

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