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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do I reply to a petition? I'd like to do it myself! Not having any luck with attorney's & I'm on a time limit!

I have an upcoming court date on Feb 13th

Thank you

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 19, 2024

The Petition should have numbered paragraphs. Your pleading is called an "Answer." For each number you need to admit or deny the allegation. If you choose you can explain why you deny but it is not required. You can also answer that you have no knowledge of a particular number if that is... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is alimony in FL calculated on net income of a business if self employed or income tax return after itemized deductions?

So my husband wants me to sign a separation agreement in the meantime before going through the process of divorce but the problem is that his income the past year was just half the amount of what he will be making this coming year since he just have this business opened for the last 6 months. So if... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 17, 2024

Most important, do not sign anything without speaking with a local family lawyer. Child support is always modifiable until the child turns eighteen. Alimony on the other hand can be modifiable or non-modifiable. Equitable distribution means the division of the marital assets and liabilities. A... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My husband and I are separated and going through a divorce, and i do not think our daughter is safe with him. What do i
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 16, 2024

If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My child's mother went to jail today I want full custody can she battle me for custody while incarcerated
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 16, 2024

You, as the father, must go to court to establish and/or modify timesharing (custody). If and when the mother is no longer incarcerated she can reestablish her timesharing rights. You do not get custody "by default" just because she is in jail/ prison. Speak with a local family lawyer for... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In Florida, if the husband owned a residence and paid it off twenty four years prior to marriage, what portion is due

the wife if the title to the property was never placed in her name ?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 11, 2024

Assuming that the two of you lived together in the house during the intact marriage, you would need to establish the value of the house on the date of marriage and another value for the date of division. As a starting point, each party would be entitled to half of the change in value during the... View More

1 Answer | Asked in Family Law for Florida on
Q: Do I have to notify and how do I need to do so when letting a coparent know I am taking the kids out of state for vaca?

My husband and I have been separated for 6 months. Have no official parenting plan yet as I filled for divorce and he is in default and we are awaiting a date for the hearing. I notified him over text message I was taking our children on vacation out of state for vacation. Can I legally get in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 10, 2024

As long as there is no court order to the contrary, each parent has equal rights to travel with the children. You should let him know when and where you are going and when you are returning. If appropriate. let him know that he can contact the children during their time away by telephone, text or... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In my divorce papers my ex husband and I had a house and a fifth wheel. He took the house and I took the fifth wheel.

The fifth wheel I pay on but it is in his name until it get paid off per divorce papers. My ex husband passed away does the divorce papers make it legal that I still pay on fifth wheel and it is still mine?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2024

The fifth wheel is still yours per the divorce decree; however, the loan may be a different story. If the lender learns that your ex has passed away they may want to collect on the note in full. You should still have an opportunity to refinance in your own name or try to make arrangements with the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: What is process for gaining child visitation when no parenting plan was included with Final Child support order (Florida

Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 8, 2024

It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Answering to a divorce petition in Florida.

Recently I have filed for a contested divorce in Florida (with minor children). We were able to reach the settlement and now we want to file it with the court. Which forms do we need to do this? Namely turn the contested divorce into uncontested. Which 12.903 is needed since there are multiple... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2024

You don’t need to change your initial pleadings. Simply file the signed settlement agreement with the court. If you have met all of the other requirements then you can schedule a final hearing. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support for Florida on
Q: After one year of divorce my ex wife now wants to redo our support agreement. Can she do this?

She just finished aesthetician school and states she is only making $12,000 a year versus our agreement is based off for making 45 which is what an aesthetician would normally make for the year. Can she do this and if so, what’s the process?

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 14, 2023

Child support is always modifiable until the child emancipates (turns 18). A parent asserting a reduction in income would have to justify that reduction. If a person is qualified to earn $45K and there are jobs available for $45K then they cannot justify to the court earning $12K (which is actually... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: We're moving back to city/state where my son's Dad lives, but he's never met him/been involved. Do I have to tell him?

When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 7, 2023

You need to look carefully at the court order that awarded you custody and him visitation. In Florida, you are required to notify the other parent within 24 hours if you move your home address. Your situation may be a little different because he was in prison. Take your court order and speak with a... View More

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: Who owns the house?

My mother and stepfather divorced about 10 years ago but still stayes together. About two years ago, he used his money to buy a house and put it solely in my mothers name. My stepfather is emotionally abusive and threatens to kick my mom out of the house which causes her to panic because she thinks... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2023

In Florida, if the deed is only in your mother's name and she is unmarried then she owns the house. You do not mention whether there is a mortgage and if so, whose name is on the mortgage. Assuming that there are no encumbrances (mortgages or other liens) then your mother can sell the house if... View More

1 Answer | Asked in Family Law for Florida on
Q: In florida and father of baby is moving the Oregon, mother and father are separating and mother does not want to go.

None

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 27, 2023

You do not say whether mother and father are married or not. If married and mother wants to stay in Florida then she needs to file for divorce. If not married then mother controls where the child lives until father goes to court for paternity. Father cannot force unmarried mother and child to move... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Florida on
Q: What type of lawyer should I look for (real estate, probate, business, etc) to handle a promissory estoppel case?

It is between an individual and his mother regarding a promise she made to him (which was put in a trust). He put about $50,000 into the property that he was told would be his and then she changed her mind and changed her trust to eliminate him from the trust completely.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 4, 2024

If the mother is alive then consult with a real estate attorney who litigates. If not, speak to a probate attorney.

1 Answer | Asked in Child Support for Florida on
Q: Filing for child support but know his income what do I write down
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 26, 2024

You do not need to provide a specific income for the other party. Once the case is filed both parties are obligated to provide proof of income. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Business Law for Florida on
Q: Hello, I’m in Florida and have been on a family cell plan that i paid all of 2024 in advance to my mother. I use this

Phone and phone number for all of my business dealings and we got into a fight and she shut off my cell phone service. This is something that I’ve already paid for in advance and can damage my business and will force me to get a new phone number and change everything in relation to my business.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 22, 2024

Generally, you can sue anyone for anything; however, that does not mean that it is a wise decision. My best advice is to get a new phone number and/or see if you can transfer the phone number. You need to disengage with someone who can affect your business like this. Speak with a local lawyer for... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: The father of my wife’s kids does not reimburse for medical expenses etc as set forth in the parenting plan.

He also takes them out of the state of Florida without notifying her of where they’re going, length of visit, etc..She is the majority parent but be always skirts the rules. What can be done about this?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 18, 2024

Your remedy is to return to court on a motion for enforcement and contempt. Unfortunately it is hard to prove these issues and there is not much that the court can do other than reprimand the violating parent. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Hi How can I go about obtaining a child passport if I cannot locate or have no contact with the other parent at all.

Esprcially if they are in another state

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 14, 2024

There is no guarantee but you can submit the passport application with a statement explaining why the other parent cannot be located. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Hello, I'm emailing for a friend who was just served. Her brother has been caring for her son for the past year

She was homeless. Now she has a home and wants her son back but her brother has refused and is now trying to get custody. She doesn't know what to do. Do you help with these matters?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 14, 2024

Tell your friend to look for a legal aid agency in her area. They can either help or point her in the right direction. Many lawyers offer a free consultation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Pretrial statement for divorce hearing in Florida, do I only fill out court form or also submit written statement?

No alimony or custody, this is regarding marital assets only

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2024

You should include your proposed equitable distribution. List each asset and liability with a value and how you think that they should be divided. Pretrial catalog is sort of a road map. List all of your pints but you generally do not need a written statement. Speak with a local family lawyer for... View More

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