Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Family Law Questions & Answers
2 Answers | Asked in Family Law and Civil Litigation for Florida on
Q: Concerned about potential dual marriage; can't find annulment records in Florida.

I got legally married in Aiken County, South Carolina, on September 11, 2024, to my current wife. Several years ago, I was married and obtained an annulment in Nassau County, Florida. However, I'm unable to find any records of the annulment, only our marriage license. Now, my ex-wife is asking... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2025

First, your ex wouldn't need that document to change her last name UNLESS the annulment order itself changed her name - in which case it's already changed. If the order didn't change her name, she needs to petition the court (in a new case) for a name change. Secondly, if you had a... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Outcome of temporary hearing for 50/50 custody request in Florida?

What is the likely outcome of a temporary hearing in Florida when Parent A is requesting 50/50 custody of a 5-month-old infant? The infant currently lives 5 hours away from Parent A due to the other parent's recent move, which happened right before Parent A filed to establish paternity. The... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 17, 2025

There are a lot of "what ifs" in your question. The starting point for timesharing is 50/50. You do not provide the reason for the move. Was it for a legitimate reason or just to put distance between the parties. Obviously 50/50 timesharing for an infant with the parents living 5 hours... View More

1 Answer | Asked in Family Law and Tax Law for Florida on
Q: I haven't lived with family in a year this month. Can they claim me on their taxes?

I'm 17, I was removed because of a pretty nasty CPS case and a lot of domestic abuse cases, and some felony cases on her party played a part into this. I haven't lived there since early 2024. My mom was receiving child support in this time, however not supporting me. No paying for... View More

Pamela J. Fero
Pamela J. Fero
answered on Feb 4, 2025

Under IRS rules, a parent or guardian can claim you as a dependent under the following conditions:

Residency Requirement: The child must have lived with the parent for more than half of the tax year.

Support Requirement: The parent must have provided more than half of the child’s...
View More

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: If there is an injunction with a contact provision of using an app for child communication, am I required to do so?

I reside in Polk county fl, my ex is out of state. Per the order, I have full physical and legal custody, no time sharing. There is no parenting plan past or present. I assume the provision to use the app is there should I need to discuss the children. However, I am unclear on if I am ordered to do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2025

I would interpret the provision as follows:

1) You should download the app. Verify that the app gives notice to the other party that it gives notice to the other party that a message has been sent.

2) Ascertain that your ex has downloaded it as well.

3) If your ex...
View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Joe Benson
Joe Benson
answered on Jan 30, 2025

Typically, if you are in need of financial support to pay your bills and take care of your children and your husband is contributing or providing financial support, then you are forced to request through the court either temporary child support and/or spousal support. The amount of child support... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 29, 2025

I'm sorry to hear you're going through this tough situation. In general, if you're in the process of divorce and trying to support your kids, it's important to know your legal rights. As for selling items in the home, technically, it depends on whether the property is considered... View More

View More Answers

2 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Florida on
Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him

My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2025

In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that.... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for Florida on
Q: The court reserved jurisdiction on child support in Florida, after my exes motion to relocate was denied.

In the original dissolution my ex and I had 50/50 time sharing. She filed a motion to relocate with the kids and it was denied and I was given majority custody as she had already moved. I was paying her $450 a month in the 50/50 situation. This was about 3 years ago. A ruling on child support never... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 23, 2025

If you had majority custody after her move and there was no ruling on child support after the custody change, your ex-wife would not have grounds to pursue back child support for this period because child support obligations would normally align with the custody arrangement. Consult with a lawyer... View More

1 Answer | Asked in Divorce, Family Law and Probate for Florida on
Q: Clarification Needed on Pension Judgment and Estate

I successfully obtained a court judgment that entitles me to receive a specific portion of my ex-husband's pension. However, he recently passed away before I was able to collect the full amount awarded to me.

Given this situation, I would like to know if it is possible for me to... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 23, 2025

You will likely need to file a claim against your ex-husband's estate in probate court to collect the remaining pension benefits. You can do this by contacting the Probate Court, submitting a claim within the statutory period allowed for creditors after the estate is opened, and providing... View More

4 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Florida on
Q: in florida can a notice of deposition duces tecum be done by an attorney to make me bring records and documents

if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template

Anwar Elias Hadeed
PREMIUM
Anwar Elias Hadeed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2025

In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More

View More Answers

3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: I’m going through a divorce after 15 years of marriage, and I have some questions about how to navigate it.

Custody and Support:

We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 20, 2025

While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More

View More Answers

3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: I’m going through a divorce after 15 years of marriage, and I have some questions about how to navigate it.

Custody and Support:

We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

Joe Benson
Joe Benson
answered on Jan 20, 2025

As to the five topics you referenced (Custody & Support, Financial matters, Alimony, Life Insurance & Car, and Legal protection), you are free to enter into any agreement you like that addresses these topics. But beware, once you agree to the terms you are bound by them and cannot cry... View More

View More Answers

2 Answers | Asked in Civil Rights, Family Law and Foreclosure for Florida on
Q: If your attorney through civil matters has now stepped down because of an alleged embezzlement. What is the client right

This could become federal but the civil filing continues to know I have no attorney because of the facts above

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2025

Sorry to hear you are going through that ordeal. Your inquiry is vague as to whether you or someone else is the embezzlement victim, but I'm guessing from your wording that your lawyer had to withdraw from your case because he/she has been charged with a crime against someone else, and the... View More

View More Answers

1 Answer | Asked in Family Law for Florida on
Q: I have a question about filing "Motion for Contempt"

I recently lost my alimony in Sept. 2024 due to my ex husband having a stroke but he is still alive but no longer employed. I received a letter from my ex's employer stating that I would no longer be getting any more payments.I contacted my original attorney immediately to file a "Motion... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 17, 2025

The real issue that your are facing regarding contempt is that your ex did not have a stroke on purpose. Technically he (or his attorney) should file a motion for modification of the alimony based on his health condition. I can't comment on the work or timing of another attorney. At the very... View More

2 Answers | Asked in Family Law for Florida on
Q: How to go about adjusting time share agreement and location of court

Original time sharing case was set up in Brevard county, since both parents now live in Levy county. Order states mother has primary custody and father has visitation. As of October last year oldest child requested to live with his dad full time and visit mom. Mom agreed. We would like to get this... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Jan 15, 2025

To modify the existing Order, you would need to file a Supplemental Petition to Modify, which can be done electronically. If both parties agree, you may sign a Consent Order Modifying the Final Judgment and submit it to the Judicial Assistant for approval. If the court requires a hearing on the... View More

View More Answers

2 Answers | Asked in Family Law for Florida on
Q: How to go about adjusting time share agreement and location of court

Original time sharing case was set up in Brevard county, since both parents now live in Levy county. Order states mother has primary custody and father has visitation. As of October last year oldest child requested to live with his dad full time and visit mom. Mom agreed. We would like to get this... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 15, 2025

Whatever you do, first put your new agreement in writing. You can then file the agreement in the court where you both currently live and include a copy of the final judgment from Brevard. You will also need a current UCCJEA affidavit which details where oyu both live now. This form is available... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Schooling question

Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More

1 Answer | Asked in Family Law for Florida on
Q: Do a relocated non-custodial parent should have sent a petition to relocate if didn't exist any shared-parenting order?

A non-custodial parent moved after separation to Texas after the other custodial parent decided to move with the child to Orlando (both lived in Miami). A dissolution of marriage started after that and 1 year later this dissolution was done with a parenting plan. In this parenting plan the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

The starting point for this question is to read your parenting plan. That is the law of your case. Technically a parent can move anywhere as long as they notify the other parent of their new address. Relocation comes in if the parent is trying to change the child's school or timesharing... View More

1 Answer | Asked in Family Law and Civil Litigation for Florida on
Q: Can I move out of state with my open DCF case?

My case was opened in 2023, and my children have been removed from the home. My daughter is living with her maternal grandparents, and my son is in foster care. Since the DCF case was opened my husband and I have been dealing with homelessness, and lack of income. My husband has been completing all... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2025

The question that you need to decide is are you opposing the TPR. You can move wherever you choose so long as you are complying with any court orders issued. If there is a court order that says you cannot move then you need to return to court to get permission. Speak with a local family lawyer for... View More

4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Erik A. Perez
Erik A. Perez
answered on Jan 3, 2025

This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More

View More Answers

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.