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Florida Family Law Questions & Answers
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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1 Answer | Asked in Family Law for Florida on
Q: I got a letter in the mail from my estranged husband which is law forms 12.922(a) motion for default and 12.922(b).

What are these forms? What do they mean?

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 28, 2024

If the other party has failed to file or serve any documents within 20 days after the date of service of a spouse petition, he may ask the clerk of the circuit court to enter a default against you by filling out this form and filing it with the court. Generally, a default allows him to obtain an... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Florida on
Q: Is my husband entitled to any money from father’s house bought in 1981 w/ step-mom?

They had no kids 2gether. She had a couple from previous marriage & he had my husband.

FIL just passed, Step-mom wants to see & move closer to kids near Bradenton. Does my husband get half of house now or after she passes say 20 yrs from now? If she doesn’t volunteer the money, my... View More

Rand Scott Lieber
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answered on Feb 27, 2024

This answer is based on Florida law. It sounds like you are asking about an inheritance. The first thing to do is read the documents (perhaps a will) that states what is supposed to happen with the property. If step mother brings papers to sign either read them carefully or tell her that you want... View More

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 Child Support and Family Law for Florida on
Q: Can back child support be stopped if my ex goes to fed prison?

I have paid back support for years to my ex for my youngest son. He is now going to be in a federal prison for life. My oldest son and I are moving my youngest son from Ocala to Jacksonville with my granddaughter. We have bought food for the household because there was no income coming in the... View More

Rand Scott Lieber
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answered on Feb 26, 2024

This answer is based on Florida law.

First, a stoppage is not automatic. You can file a motion with the court that issued the child support order explaining why the arrearage is no longer necessary. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Federal Crimes, Appeals / Appellate Law and Civil Rights for Florida on
Q: I need to know what I can do to get my child back from CPS because they stole her

Okay I can't seem to find the question that I asked last time or the lawyer that answered it but 10 years ago CPS decided to take my kids and they gave me my two older ones back and they kept my baby who at the time was 2 and they stomped on so many of our constitutional rights but I... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a deeply distressing situation involving CPS and the termination of your parental rights. It's understandable that you're seeking help to reunite with your child and seek justice for what you perceive as injustices committed against you and your family.... View More

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Can a domestic violence victim move from miami fl to Orlando fl and take her 2 year old child without the consent of the

Other parent who happens to be the abuser?

Jonathan Blecher
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answered on Feb 21, 2024

If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What happens if the non-custodial parent moves to Puerto Rico to avoid paying child support in FL?

He doesn't own a vehicle nor does he have a driver's license

Rand Scott Lieber
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answered on Feb 18, 2024

The child support obligation will continue to accrue like any other debt. At some point you can return to court and get a judgment against the obligor (the one who owes). Unfortunately you are correct that if the payor never has money or traceable income it will be difficult to collect.... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is there any recourse for noninvolved biological parent paying child support?

Father learned child existed when age 2 or 3. Paternity confirmed and support judgement put in place. Usually taken from paychecks. Father has not ever seen, met or provided any coparenting for child. Mother moved out of state. Since being unemplyed payment stopped, driver's license... View More

Rand Scott Lieber
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answered on Feb 13, 2024

The short answer is that there is no way for you to get completely out of your child support obligation. You can definitely return to court and ask to have your drivers license reinstated. You can ask the court for a modification if you are not already paying the minimum. The court will not allow... View More

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