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Florida Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorced in Florida in 2008. In the division of assets list for a 401k never transferred

In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More

Rand Scott Lieber
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answered on May 18, 2024

What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorced in Florida in 2008. In the division of assets list for a 401k never transferred

In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More

Michael Ferrin
Michael Ferrin
answered on May 18, 2024

Given there is contradicting language in the agreement, in the event litigation arises from these issues, the court may allow you to present evidence to support each of your intent when the agreement was executed. This can be emails, text messages, testimony, etc. Just as Mr. Lieber stated in his... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Who calculates the percentage to split a 401k for a QDRO

My husband was divorced 17 years ago and in the divorce decree they were to equally split the marital portion of his 401k through a QDRO. He has contacted his plan administrator and received their QDRO form and it looks self explanatory. My question is does he calculate the percentage to file... View More

Rand Scott Lieber
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answered on May 16, 2024

That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Civil Rights, Divorce and Family Law for Florida on
Q: Can I proceed with legal action against my former spouse for accepting a QDRO overpayment from a pension plan?

I would like to seek legal action for the purpose of reimbursement of an overpayment related to QRDO order.

Rand Scott Lieber
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answered on May 15, 2024

You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Landlord - Tenant for Florida on
Q: MY WIFE AND I LIVE IN AN RV THAT BOTH OF OUR NAMES ARE ON. WE BOTH JUST RECIEVED A LOAN ON THE RV TO HAVE ALL OF OUR

CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME... View More

James L. Arrasmith
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answered on Apr 30, 2024

I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More

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 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

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 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, 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
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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 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 and Family Law for Florida on
Q: my lawyer withdrew from my case the day after the judge denied relief . I was given no notice along with a stipulation

my lawyer withdrew from my case the day after the judge denied relief ,, There is has been lack of communication this whole time from I have felt left in the dark ,, Then to have them withdraw and filing a motion with courts saying I broke my employer contract and then another email was sent right... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The most common reason for a lawyer to withdraw stating that a client has broken their contract is because the client failed to pay the lawyer's fees as agreed. This is a perfectly legitimate reason for a lawyer to withdraw.

While you can hire a new lawyer to represent you, expect to...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: 34 year marriage. Defense attorney husband left me for a criminal defendent he began an affair with.

Do I have any additional rights to alimony or other support (health insurance coverage, etc.) considering he filed to leave our marriage for his criminal mistress?

Rand Scott Lieber
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answered on Jan 26, 2024

Based on Florida law, you are probably entitled to alimony based on the length of marriage and disparity in income. The fact that he cheated does not have a direct impact on your alimony claim. If he spent marital funds on the affair you can seek to have half of that money credited to you. Speak... View More

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