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Florida Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am divorced with 3 kids. I have a demanding job that is causing unneeded stress and am considering a change in jobs.

The new job will be less money. Would that warrant a change in child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 24, 2023

Child support is modifiable, up or down, until the children turn 18. You can change your income as long as you have a valid reason and it the change in income is reasonable. For example, you can't quit your $100K job to take a minimum wage job. Speak with a local family lawyer for more... Read more »

1 Answer | Asked in Family Law, Nursing Home Abuse and Wrongful Death for Florida on
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away

The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 20, 2023

If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Child custody and support questions well after a divorce

My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2023

Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: How can I get my driver’s license reinstated when I owe child support?

I need it in order to get a job that pays decently.

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 17, 2023

You need to file a motion to reinstate your DL. You may need to explain to the judge that you need to drive to work. The court wants you to pay your child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: The last correspondence from my atty was 2 months ago. What do I do?

The paralegal emailed me two months ago that she was going to get approval to file a motion. Nothing was filed. No response to several follow up emails sent, and I left a voicemail almost two weeks ago, no response. Then I emailed the actual attorney informing them of all of the emails and the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 15, 2023

Hire another attorney.

1 Answer | Asked in Family Law for Florida on
Q: Can an 18 year old leave home to move in with a friend?

My best friend is in an abusive house hold and he is 18 turns 19 in September his father absolutely will not agree because he needs someone to babysit his younger brother. His father is an alcoholic and his mother is a drug addict who doesn’t have rights to the kids. His father had put him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2023

Yes, if he is 18, he is legally an adult. He is no longer under the control of his parents.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If my husband has left and not helping towards any of our family bills that come out of my account can I do anything?

I had to call the police and they took him to a hotel until he was sober. He will not come back home and will not talk with me about anything. All our bills including his own come out of my accounts. He even has one of the cars which my name is on and comes out of my account. He is not sending... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 13, 2023

You may file for divorce, where you can ask the court to order your husband to pay certain bills as well as alimony and child support, or you may file a motion for temporary relief, which can include temporary alimony and child support and an order for your husband to pay certain bills while the... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I was wondering where I could get help with child custody.

My sons father keeps him from me when he gets mad. This past time is because I forgot to text him. I just want legal paper on when each of us had our time with him.

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 11, 2023

If you are not married then you, as the mother, already have 100% control of the child. If you want something formal and legal then you need to file a petition for paternity. Through that process you will get a parenting plan which is a written agreement between the parents regarding all rights and... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If I have my child for 169 days a year compared to their mothers 182 days a year should I be paying child support?
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2023

The child support calculation takes into account each parent's income as well as the overnights with each parent. There is a sliding scale adjustment as you get closer to 50/50 but that does not mean that there is no child support due. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My daughter was born in 2013 when I was 16 and her mother was 17.5 She put me on child support when I was 18, but

I hadn’t even started my first job at the time so how was the amount calculated? My mom passed away when I was a child and my dad passed away when I was 18 six weeks before the birth of my second daughter with my now wife which is around the time I was put on child support and because of the... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2023

You have asked several different questions and should probably look for a free consultation with a local family lawyer. Regarding income, a person with no job is generally imputed minimum wage. This means that the court assumes that you are earning at minimum wage, even if you are not. Regarding... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi, Can Florida Child support file a case for child support when there's an open case in the courts waiting for mediatio

The father has the child and pays $2.00 monthly per court order. the father reopened the case, which is pending Mediation, can he go to Depart of Revenue Child support program and have them put on new case for child support from the mother if there's already a judge court order for him to pay... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2023

If the Department of Revenue has started a separate case you may need to ask the court to consolidate the cases. Whichever case began first would normally take precedence. You do not need to litigate child support in two separate cases. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What can I do if I let my kids go to their mothers for the summer to make sure she brings them back home.

I have 3 children who's mother lives in Michigan and me and my wife live in Florida. I've had the children for about 8yrs. Their mother wants them for the summer. We have not been through family court for any visitation but she has came to visit a couple of times in the last 8yrs. What... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2023

A notarized letter probably wouldn't make much difference were she to fail to return the children as agreed. I assume that the mother of the children and you were never married, or there would be something in the divorce decree about custody and visitation. It would be best if a court case... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Trying to be evicted from martial property is this possible?

So my mother in law and father in law put down 85,000$ on our house well there daughter is on the deed not the mortgage there salty bc when stuff went south I stopped paying the mortgage when I found she was cheating on me now I’m being threatened with eviction

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 30, 2022

You do not mention if you are in divorce court. Once a divorce is filed you gain certain protections from the court incident to the divorce. Since your wife's name is on the deed and you are currently married you have a marital interest in the house. This is different than being evicted. Do... Read more »

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Is it possible for me to file for modification of child support on my own without a lawyer in Florida?

I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Florida on
Q: What could I be liable for if my foreign spouse divorces me in the US?

I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. I am worried about divorce. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay alimony... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

As far as the family court is concerned you will not have an alimony obligation because it is a short term marriage. You may want to consult with an immigration attorney to confirm whether you have any support liability there.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My sons dad is in prison, He is due to be released soon, do i have to pay to have full custody granted i dont have funds

My son and me have not lived with his father or in the same state as him since my son was 7 months old, he is currently in prison and due to be released in a matter of weeks. He speaks to him daily, as many times as he would like but i know when he gets released he will threaten to take my son away... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Dec 23, 2022

If you believe living with him might be detrimental for you and your son's well being, talk to a lawyer right away to know the best action.

1 Answer | Asked in Family Law for Florida on
Q: I need to file a Notice of Hearing, but there's no opposing party. Who would I address the Notice to?

I'm trying to get my name changed and the hearing is scheduled, but I've been asked to file a Notice of Hearing and send a copy to the Judicial office.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 15, 2022

You need to file the notice of hearing with the clerk of court. You do not need to address it or send it to anyone else.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My son’s mom committed suicide and his Aunt has custody through Bossier court. I can’t afford a lawyer; I need help

I was living in Missouri at the time custody was granted to me and the divorce was final. Life was good; I got married again. One night she drink too much, way too much. I locked myself in a room with my son; made a video and I was also in contact with my child’s mom. I filed an order of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2022

Your post is confusing, so let me see if I got it right:

You were divorced from the child's mother, and you were granted custody.

Then you re-married. Your second wife got violent, while you and your son locked yourselves in a room so that she couldn't harm either of you....
Read more »

1 Answer | Asked in Family Law for Florida on
Q: No. The Catholic social service in Philadelphia changed by name when I entered school, 1962. I've used that same name.

Now the birt cert is different than my name

and the name I use and had ID has expired. TrueID laws prevent me from getting/renewing.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 12, 2022

You have to start with the name on your birth certificate. You can either get an ID with that name and/or file a petition for name change. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Do i have to file a petition to restore former name?

My whole life my first name had an E at the end MARIE. My dipolma, kids birth certificate, marriage, life insurance, income tax, divorce (even bankruptcy has that first name). Real ID came out & i had to request my birth certificate which (surprisingly) shows my first name as MARIA. Of... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 12, 2022

Legally your birth certificate is your legal name. If you have never legally changed your name in the past then your birth certificate is still your legal name. That is your starting point. You do nat say why you want to change your name. If it is for legal purposes then you would file a petition... Read more »

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