Lawyers, Answer Questions  & Get Points Log In
Florida Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Do I include paystubs and receipts in the "fully executed" Financial Affidavit I must attach to my Pretrial Statement?

Attachment C of Standing Family Law says to attach "a current, fully executed Financial Affidavit" to my Pretrial Statement.

Does that mean I have to include paystubs and receipts of how I've spent my income since the divorce was filed? Do I attach that to my current... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

I have answered several of your questions this morning, but I can't give you a reliable answer to this one. I don't know if the instructions tell you to attach paystubs and receipts or not. I suggest you consult with an attorney practicing family law in the Florida county where this... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for Florida on
Q: Please explain Standing Family Law PRETRIAL STATEMENT 15.2... It contradicts itself..

It says:

"Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Statement."

But you're supposed to attach to the Pretrial Statement:

4. "Copies of all photographs, exhibits... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

Yes, you are right: the standing order seems to contradict itself. I think what it means is that you don't attach THE ORIGINALS, but you should attach copies (to the one you file, as well as to the copy of the pretrial statement you give to the other party).

Written...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Do I need to use witnesses at my divorce hearing because the opposing party is using witnesses?

Standing Family Law

16. DISCOVERY

... If one Party requests the deposition of a witness listed in the Pretrial Statement and the other party does not cooperate in scheduling the same, the Court shall consider any sanctions, including excluding the witness. ...

Does that mean... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

No, that's not what it means. A deposition is the taking of testimony of a potential witness OUT OF COURT. If they were to want to do that, the quoted language means that you should cooperate. In your case, apparently the other party intends to call witness to the IN COURT hearing. If your... Read more »

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Wife flew to see her mom with kids. She said she has tickets to come back monday. Now she isnt. Is that false pretense?

My wife's little sister came to see us. After staying a little over a week, my wife flew out Saturday to take her back. This time she took our kids too so that they can see their grandma. She said they have tickets to come back Monday so my daughter only misses one day of school and rhwy can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

The courts here in Florida have exclusive jurisdiction over the children's' custody for the next six months. So if you wife were to sue for divorce including custody she couldn't sue in whichever state she took the kids to.

View More Answers

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: What is the romeo and juliet law in florida? & what is the age requirements for dating?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

By "dating", do you mean sex? As indicated in Wikipedia [https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Florida],

"The age of consent in Florida is 18, but close-in-age exemptions exist. By law, the exception permits a person 23 years of age or...
Read more »

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: My daughter born in PR, but she lives with me in Florida. If she still a minor if she left the house without my consent

living with a Mexican without documents or citizen, she is 19 yrs

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

It doesn't matter where she was born, and the nationality of the person with whom she is living doesn't matter either. If she is under the age of 18 she is considered a minor in Florida.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have has custody of my goddaughter for 8 years now. In 8 months she will be 18. Help me protect her.

Mom is threating her from prison I have temp custody and have had her 8 years. She wants to move her and she dosent want to leave. How do I protect her?

Destardes Moore
Destardes Moore answered on Sep 12, 2020

If your Temporary Custody Order states that it is in effect until further Order of the Court than the Mother cannot take the child without violating the Order. If she does take her then you can file an Emergency Motion with the Court requesting that she return the child to you. Depending on the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: How does a unwed farther with childern get vistion right when mother wont allow him have visit. An what can be done to b

The unwed farther n mother had a agreements on farther get weekends and every other hoilday. But now mother got new boyfriend the farther cant see the childern. All farther wants is to see childern now n file for full custody when get better living ground. The boyfriend has multiple 3degree felony... Read more »

Destardes Moore
Destardes Moore answered on Sep 12, 2020

Generally, an unwed father must file a Petition to Determine Paternity and Establish Time-sharing with the Court in order to obtain visitation rights with their children. Additional documents are required which are listed on the Petition's instructions. The Packet that contains the necessary... Read more »

1 Answer | Asked in DUI / DWI, Estate Planning and Family Law for Florida on
Q: it my birthday in 18 days yeet

it my birthday in 18 days

Phillip William Gunthert
Phillip William Gunthert answered on Sep 11, 2020

Now you are officially an adult, you can vote and you can be drafted but you still cant have a drink until 21, you can enter into contracts, get a job and pay your own bills and go to college or both, there is a lot to think about and upon the horizon, do not rush into anything too quickly.

3 Answers | Asked in Family Law and Child Support for Florida on
Q: What does case status of consent judgement mean in a Child support case in which I'm the receiving Parent

I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Sep 10, 2020

There isn't enough information here to explain what you may have seen on the docket.

View More Answers

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: Can I move without major issues?

I am 16, financially stable with the current job I am working and can support myself. I want to move out not due to abuse or anything just to be able to have responsibilities, my mother says she wouldn’t be mad about it but she will have to file a missing report with the police so she wouldn’t... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 5, 2020

Whoa. Both you and your mother are asking for big time trouble if you go down that path. Your mother would be committing a criminal act (intentionally filing a false report) and you would probably end up in a juvenile protection facility (nice sounding name for jail).

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: if custodial parent leaves the country for 2 years Leaves my son with his parents

per his passport, he is self employed, teaching English to Thai online, with his LLC and moved out of country from 11/2017-06/2020. He has been back and forth maybe 4 times, for a short visit.( I am filing for modification of custody), but he also collects SSDI for my son, who is DS and I pay child... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 4, 2020

What do you believe he did to defraud Social Security and the State of Florida? A custodial parent can hire someone to look after the child; so he could in theory also leave your son with his parents, although the court may well hold it against him in deciding your motion to modify custody.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Florida on
Q: What's the difference between a lock out and a runaway?

My son is 16 years old and lived with me for 4 years before moving back to his mother's in June 2019. His mother cut communication off between us in April.He was arrested in August and is due to be released from JDC next week. He has stated that he was homeless for two months after leaving his... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 4, 2020

Your son is a juvenile and cannot be allowed to roam the streets of Florida alone. If neither parent will step up and take full responsibility for your son, then he becomes what they call "a lockout." Once that happens the State of Florida, Department of Children & Families will take... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I average 10,000.00 a year, he makes 60.000, what could I expect in child support? 1 daughter in school?

We’ve been living together, 24 years Is there common law here in Florida I’m getting mixed answers?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2020

No, so-called "common law marriage" is not recognized in Florida.

Florida Statute 741.211 provides as follows: 

"Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section...
Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I want to leave father of my 16 yo daughter we have been together 24 yrs can can I request alimony and support in Florid

And what could I except in support, she has 3 years left in high school I average 10,000 a year he makes 60,000

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2020

Assuming you are not married, you don't qualify for alimony. If you are awarded custody, you would be awarded child support. What do you mean that you "average 10.000 a tray"?

View More Answers

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: We've complied with court requests and CPS requirements and passed but still do not have grandchildren; what can we do?

CPS skipped over family and placed toddlers in foster care. Even though they knew there were willing and able family members; especially the grandparents who have a very close relationship with the children. The aunt does not; she barely knows them. However, on June 8, 2020 when the Judge... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2020

1. These unfortunate intra-family squabbles may never cease because of the feisty angry nature of most non-parents.

4. Using all the buzz words like "in the children's best interests" and "the aunt is money-motivated" and "there is no relationship between...
Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can a child's middle name as shown on his birth certificate be combined with his last name as an effective new last name

Mary Jones marries John Smith but keeps her maiden name. They have a child they name Robert Smith. They give him middle names of Michael and Jones, so his full name as shown on his birth certificate is Robert Michael Jones Smith.

They divorce when the child is one year old and are each... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2020

I believe she would have to go back to the judge in the dissolution case.

As far as simply using "Jones Smith" as a surname on miscellaneous forms, whether that would be permitted would depend on the rules of the agencies requiring those forms.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: If I'm married & separated and we have no court-ordered parenting plan, can my wife take and hold our child at her whim?

While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.



In keeping with the 2-week rotation, I've... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

No, I doubt a sheriff or other law enforcement officer will assist you without a court order.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.