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Florida Family Law Questions & Answers
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.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my dad has legal custody of me but he emotionally abuses me and im happier with my mom can i go back to my mom im 15

I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?

Osama Khalil
Osama Khalil
answered on Apr 5, 2024

Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More

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1 Answer | Asked in Family Law for Florida on
Q: Can a judge refuse to hear or rule on a motion for summary judgment?

I filed a motion for summary judgment on my petition and when I asked for hearing time for the motion, the judge instead issued an order for trial and ignored my request for hearing time. I believe that per rule 12.510 and rule 1.510 and rule 56 that the opposing party must respond and the judge... View More

Rand Scott Lieber
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answered on Apr 3, 2024

Family cases are a little different than regular civil cases. At the trial you can argue your summary judgment motion; however, the judge will probably consider your arguments together with everything else that is presented at the trial. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for Florida on
Q: Is there any Florida case law, that states when a court suspends a parent’s timesharing?

Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More

Rand Scott Lieber
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answered on Mar 29, 2024

The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More

1 Answer | Asked in Adoption, Criminal Law, Family Law and Federal Crimes for Florida on
Q: How can I prove adoption fraud?

I'm not even certain its considered adoption fraud or something else however proper protocol was not followed & lies used.

This was a dependency case turned termination of parental rights/adoption. I asked the court & case manager to perform a family finding a provision to... View More

James L. Arrasmith
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answered on Mar 28, 2024

To address concerns of adoption fraud or misconduct in a dependency case, it’s crucial to gather all relevant documentation and evidence. This includes correspondence with case management, court documents, and any records of communication between family members and case management. Documentation... View More

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 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

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

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 Child Support and Family Law for Florida on
Q: Escalating child support delinquency to a felony in the State of Florida?

Who enforces - local law enforcement or the Judge during a court case?

Rand Scott Lieber
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answered on Mar 11, 2024

Failure to pay child support is not a felony in Florida. It is generally not a crime at all. It is a matter in circuit civil court. Under certain circumstances you can be jailed for not paying but you must have the money available to pay prior to being jailed. Speak with a local family lawyer for... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If I’m paying child support, but both recipients are over the age of 18 can I go to jail for not paying back child suppo
Rand Scott Lieber
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answered on Mar 8, 2024

If you have a child support obligation then it can be enforced until it is paid, regardless of the age of the children. Regarding jail, there would have to be a motion for contempt and a finding that you have the ability to pay. You can only be jailed if you have "the keys to the cell."... View More

2 Answers | Asked in Family Law for Florida on
Q: Is there any penalties/deadlines for getting married but not changing my wifes last name until a later date?

The reason for delaying changing her last name is that we live separately and won't be living together for at least 18 months.

We would be getting the marriage officiated in california.

She lives in California and I live in Florida.

Thank you in advance!

Edna Pierre
Edna Pierre
answered on Mar 14, 2024

Florida law does not impose a deadline or time limit for when she should change her last name after your marriage. If she becomes a resident of Florida and completes the name change, she has 30 days to update her Florida Driver's License with her new name.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am paying over $400.00month child support,yet I’m still only allowed 2hrs a week supervised,is there any recourse?

To sum things up my wife made false domestic violence allegations against me with no evidence of abuse, the courts were sympathetic to her and now I haven’t seen my daughter in 3 years, I don’t have a lot of money, Iv had to start over from scratch, I just want to see my daughter.

Rand Scott Lieber
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answered on Mar 5, 2024

You need to return to court to ask for more time with your child. The child support and the timesharing are not directly related. File a motion explaining your reasons for wanting more time. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex stopped paying alimony & didn't modify anything with court 1 yr 3m ago under his own will.

Because of a trial live in boyfriend of four months. That relationship ended after four months which was a year ago now. That ex only zelled money for rent inconsistently. Nothing else. My ex said he doesn't have to pay alimony any more because I was in a supportive relationship. I... View More

Rand Scott Lieber
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answered on Mar 4, 2024

You need to return to court on a motion for enforcement and contempt. Your brief supportive relationship by itself did not automatically alter the alimony obligation. You are still owed alimony and child support if that is what the current court order says. Unless and until there is a different... View More

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 Immigration Law, Family Law and Adoption for Florida on
Q: My nephew over stayed his ESTA visa by 8yrs. He is now 16yo, i want to adopt him. He’s been living with me for 4 years,

I have my residential lease from company listing him as joint resident with me. I am divorced. Can I adopt him so he can stay and continue his education?

James L. Arrasmith
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answered on Mar 4, 2024

Adopting your nephew, given his current situation of having overstayed his ESTA visa by a significant amount of time, involves navigating complex legal territory. It's crucial to understand that adoption laws vary by state and can be influenced by the specifics of the individual's... View More

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2 Answers | Asked in Immigration Law, Family Law and Adoption for Florida on
Q: My nephew over stayed his ESTA visa by 8yrs. He is now 16yo, i want to adopt him. He’s been living with me for 4 years,

I have my residential lease from company listing him as joint resident with me. I am divorced. Can I adopt him so he can stay and continue his education?

Ghenadie Rusu
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answered on Mar 4, 2024

I recommend consulting with an immigration attorney to determine if your nephew qualifies for Special Immigrant Juvenile Status (SIJS). This status provides a pathway to legal residency in the United States for children who have been abandoned, abused, or neglected by one or both parents.... View More

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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
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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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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

James L. Arrasmith
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answered on Mar 1, 2024

It sounds like you've been through a tremendously difficult situation, dealing with abuse from your ex-husband and feeling unsupported by the military. It's unfortunate that despite your efforts to seek help and provide evidence, you weren't believed or supported by the authorities.... View More

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