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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Divorce, Contracts and Family Law for Florida on
Q: Statute of limitations on a car that was never repossessed. Ex husband was ordered in divorce to payoff and sign to me

Recently found out he stopped paying on it several years ago and that repo was looking for it then. My question is what shall I do about this situation. I did contact finance company when I found out and the person was not very informative but casually said someone will come get it next week. That... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

You have raised two separate legal issues. Regarding the divorce agreement, you can return to family court and pursue your ex for the value of the car that was never paid off. Regarding the repo, that is an issue between the finance company and whoever's name is on the finance documents. If... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If life insurance was a part of your divorce and your ex souse dies can a fiduciary change the beneficiary?

No modifications of the divorce what so ever were ever put through to the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

Life insurance is a contract with the life insurance company. From the divorce case you need to read your final order or agreement carefully to see what the requirements were. If the spouse has already passed away then the life insurance company will do whatever the contract said. Beneficiaries... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can you be served notice of hearing for restraining order from a different state via text message or email?

My husband served me with divorce papers last Monday. He lives in Washington State and i have moved here in Florida a week and a half ago. I just received a text message informing me that a restraining order will be heard against me via Zoom tomorrow.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 21, 2022

You would have to look at the rules from the other state. In Florida, personal service is required, meaning a person hands you the papers. You may want to consult with a Washington attorney about this issue.

1 Answer | Asked in Family Law for Florida on
Q: In New Jersey can I get a Noncertified copy of someone's marriage certificate?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 20, 2022

You need to look online. You will need to know the county and/or judicial circuit where the license was issued. Marriage licenses are public records in Florida.

1 Answer | Asked in Family Law for Florida on
Q: My children's father is currently homeless, and I want to know if I can keep my children from spending weekends with him

He currently gets them every other weekend. He has been staying at a house that his girlfriend is renovating for an investor, which is over an hour away from their school and activities. The house is under construction, and there is only one bedroom where 4 teenagers (my 2 kids and his... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2022

It is always appropriate to put the safety and wellbeing of the children first. However, you should also file something with the court explaining your concerns as to why you are preventing the timesharing. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law, Immigration Law and Child Custody for Florida on
Q: Establishing parternity 14 years later.

My son was born in Florida while his mom was still married to another man, how can I establish paternity?

My son, his mother and I live abroad now.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2022

Based on Florida law you cannot accomplish this without the cooperation of the man that she was married to at the time of birth. However, since none of you lives in Florida the court here will not have jurisdiction (the ability to decide your case). You may not be able to do anything before you... Read more »

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Does a custodial parent (court ordered) have to continue providing/ maintaining their child past 21 years old?

Initial decree had father/non-custodial, 4 years later father got court order custody. Child left back with non-custodial parent/mother (never changed court order), child left at 19, now is 21 demanding continuation of child support to the custodial parent/father.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 18, 2022

You need to carefully read the original order and what it says about termination. In Florida child support ends at 18 or high school graduation. If your order is from another state it may extend child support to 21. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I receive child support payments. If I am able to pay off a car loan. Would that change the amount of support I receive?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 6, 2022

Child support is based specifically on each parent's income. Unless paying off the loan will increase your income (the amount of money you earn, not spend) then there will be no change. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: What does - MOTION / WAIVER REQUESTING EX PARTE FINAL HEARING,. WITH FINAL HEARING SWORN TESTIMONY means?

I am in the last part of my divorce (no children or property, yet taking more than a year), and saw this entered in the public record, what does it means? Does it means I am waiting for the judge to schedule the final hearing?

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 4, 2022

This means that the judge can enter your final judgment without a hearing. If everything is settled then this is how your case will end.

1 Answer | Asked in Family Law for Florida on
Q: Can a wife kick her husband out of the house if he has committed adultery in the state of florida? He signed a prenup.

Deed is in her name and her mother's. They have been married 4 years

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

I am assuming that you and your spouse live in Florida in order to answer this question. You can file for divorce. You can file for exclusive use of the home, meaning that he would have to leave the house. However, adultery is not an "automatic" reason for one spouse to be "kicked... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Am I still entitled to half of our home in the divorce?

01/2001 - Husband completed construction on new home & moved in.

2/11/01 - We began living together in his home and combining incomes into one account, paying all bills together,

12/12/03 - Got engaged

3/8/05 - Husband was injured in an accident at work & became... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Getting divorce in Fl Husband had a 401k plan. before getting married stopped Contributing to the 401(k) change

Does wife have claim of any of this money. When married I had already stop contributing to it

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 24, 2022

If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Does FLorida have common law marriages

I want to leave my boyfriend and want to take the property that was mine with me.

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 23, 2022

No common law marriage but you can still take with you any property that belongs to you if you leave.

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1 Answer | Asked in Child Support for Florida on
Q: what type of motion would I file to make my ex pay his child support on time? he pays it every month but never on time

The judge was very clear that it needs to be paid on the 1st of the month and not any later. but it never comes on the first of the month. it comes randomly all different times of the month and I cannot budget because I don't know when it's coming and I want to have the judge enforce it... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 21, 2022

Unless your ex is self employed, the best thing that you can do is to ask for an income deduction order, which is your right under the law. With that order the child support would be deducted directly from his pay check by the state and then forwarded to you. Speak with a local family lawyer for... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 20, 2022

You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues... Read more »

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2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

In Florida disability income is still considered income. You will either be imputed minimum wage or you will have a specific amount of disability received. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was on child support with my ex husband and he gave me the kids because he no longer could care for them and now that

They are grown he is seeking back child support for the time I had them. What can I do?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You need to get a hearing before the court that issued the child support order to explain what happened. You should have returned to court when he gave you the children. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... Read more »

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1 Answer | Asked in Child Support for Florida on
Q: If the custodial parent loses custody of their kids does the non custodial parent have to continue paying child support
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 15, 2022

If you have a legal child support obligation then you must return to court to modify that legal obligation. The custodial parent losing custody will not "automatically" change your obligation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support for Florida on
Q: Here in Mississippi it's 21 the by law saids military full time, marriage,incarceration and self supportive are grounds
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 13, 2022

If you have never been to court in Florida then you need to speak to a Mississippi lawyer. Your message says that you are in Miami, Florida.

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