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Florida Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a husband accuse his wife of kidnapping their daughter if she wants to leave their house with her as a separation?

The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More

0 Answers | Asked in Divorce and Family Law for Florida on
Q: Does 91.153 apply to a subpoena from a party's employer in a dissolution? Do documents from mand. discl have to be authe

Does 91.153 apply to a subpoena from a party's employer in a dissolution? I filed a petition for modification on Dec 30th, 2020 so we are now in the fourth year of litigation because my ex has avoided discovery of his income information. He did not do mandatory disclosure until I got a court... View More

0 Answers | Asked in Divorce for Florida on
Q: my wife stole $500k from my children's education fund; is using this money to pay her divorce attny. he knows its stolen

what can i do as a husband? can i write her attorney and remind him of her depo where she admits to taking the $500k from kids funds. they are both adults and one in college but the money is gone. it was in a 529 fund

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My Ex wife hired an Au pair after the divorce without consulting me and now she wants me to pay for it, Florida

Our schedule is 50/50 the first 15 days of the month Ive the kids and the remaining she have them, I don't need child care during my time because I'm off from work but she wants the child care calculated on the 100% for the au pair fee which is $1700 a month also I don't have access... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: In Florida If you are in jail can divorce papers be served to you? Do you have to sign them if they are served to you?

Parents want a divorce, fighting over children. Mother had children. Mother got arrested and has been in jail for over a year case not tried yet.

Courts gave Father the children. He now wants her to sign the paper for a divorce. Her attorney took herself off the case several months ago... View More

Mr Eric Klein
Mr Eric Klein
answered on Mar 29, 2024

Yes, divorce papers can be served on you if you are in jail. No, you do not have to sign for the divorce papers if you are in jail. I hope this helps. Good luck!

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: PBC Florida. Husband abandoned me and stole our 2 children! He wont let me see or speak to them. How should I proceed?
Rand Scott Lieber
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answered on Mar 25, 2024

As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: Can a divorce be finalized without settling the division of all assets?

My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.

Rand Scott Lieber
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answered on Mar 22, 2024

If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: I'm remarried, If I were to pass away, would my current wife be force to pay child support from my previous marriage?

I remarried in 2019 when my son, who lives with his mother in PR, was 12 years old. I live in Florida and I'm in perfect health but the question still arise. My son will be 18 this June and planning to go to college. I know that I need to pay child support most likely beyond him reaching 25... View More

Rand Scott Lieber
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answered on Mar 19, 2024

The child support obligation is yours alone (not new wife) and will terminate on your death.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a married person who has power of attorney for spouse who is mentally retarded file for divorce and sign for them?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Divorce and QDRO question in state of Florida.

About 5 years ago i got divorced, i payed for a QDRO to be made and for the assets to be split, the paperwork did went through the judge and my ex-spouse was suppose to file it to get the assets split and get the money. About a year and half i quit my job and when they asked me what to do about the... View More

Rand Scott Lieber
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answered on Mar 19, 2024

You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband and I are divorcing after 23 years of marriage he now lives in Arizona I live in Massachusetts. He retired

On disability and only worked periodically. When he receives my income dies he have to claim that as income and pay taxes on it

Rand Scott Lieber
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answered on Mar 11, 2024

What do you mean by "when he receives my income?" Generally any income received is taxable. The exception in family law is if you are paying spousal support (alimony) with after tax dollars, meaning that you already paid taxes on those funds, then the receiver does not have to pay taxes... View More

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1 Answer | Asked in Divorce for Florida on
Q: If a friend going through a divorce asked me to receive monetary assets in my name to avoid the spouse access, am I safe
Rand Scott Lieber
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answered on Mar 7, 2024

Tell your friend that it is never a good idea to try and hide assets from a divorcing spouse. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: how many years of financial docs do you need in divorce in Ct
Rand Scott Lieber
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answered on Mar 5, 2024

Standard is one or two years of bank statements and credit cards; however, either party is able to ask for more. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: How to get child support before filing divorce

Husband and I have one child together, married 14 years. Separated due to husband bad bipolar behavior. He took me off of health and dental insurance, without me knowing.

I need child support while Separated. What do I need to do?

Rand Scott Lieber
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answered on Mar 4, 2024

You can file a Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren). There is a free form available online12.904(a)(1) This addresses your specific situation where you are separated but not divorcing (at this time). Speak with a local family lawyer for... View More

2 Answers | Asked in Military Law, Divorce and Family Law for Florida on
Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More

Rod Caruco
PREMIUM
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answered on Feb 29, 2024

From what you’ve provided, it appears you are prior service Navy and were administratively discharged with something other than an Honorable characterization of service, causing you to be ineligible for certain veteran benefits.

If that is the case, you may be able to seek an upgrade of...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I am trying to get a simple divorce but the judge keeps making me sign more papers each time i go in to file, what to do

This divorce is time sensitive because other party will be moving out of country shortly, and i cant afford an attorney to help with the process

Rand Scott Lieber
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answered on Feb 27, 2024

If you cannot afford an attorney then you need to continue to follow the judge's instructions. Some counties have a self help area in the courthouse where you might be able to get some guidance. Otherwise, speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Is my lawyer required to provide me with the hearing notices? Is 3/4 to set the trial date or the actual trial?

Divorce case filed July, 2021. Outcome of mediation failure recorded 6/2022. 2022/2023 motions & hearings were withdrawn/cancelled. 2/6/2024 respondent told me there was a court date. Online records show 12/15/2023 "EP - AMENDED ORDER SETTING TRIAL WITH ZOOM INSTRUCTIONS JUDGE 3/4/24... View More

Rand Scott Lieber
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answered on Feb 23, 2024

It sounds like you are set for trial on March 4, 2024. You should be speaking directly to your attorney about this. Otherwise schedule a consultation with another local family law attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Do I have to have a separate room for my daughter in order to win custody. Currently temp time share. Want sleepovers.

I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You should believe what your attorney tells you; or get another attorney.

1 Answer | Asked in Divorce for Florida on
Q: Do I need to do anything else for my divorced to be valid in Florida? or am I considered legally single in Florida?

I divorced abroad and submitted my divorce translated, notarized and apostille to the recording department at the Plam beach county clerk office. Mutual agreement divorce and no Childrens involved.

Rand Scott Lieber
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answered on Feb 9, 2024

As long as you divorced legally wherever you were, with notice to the other party, then you are divorced. If you are concerned you should take your final judgment to a local family lawyer for more specific advice.

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