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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What is an attorney on record mean for the opposing party
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2021

The term "attorney of record" means the attorney who has "appeared" in the case for one of the parties, either by signing a pleading in that case or by signing a notice of appearance.

1 Answer | Asked in Family Law for Florida on
Q: If I live in Orlando, but I got my divorce in Miami, do I have to get a laywer in Miami for some property issues?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 6, 2021

Your starting point is the court that issued the order that you want to enforce. You also may need to consider where the property is located. Your best option is to speak with a local family lawyer to address the proper jurisdiction to enforce.

1 Answer | Asked in Family Law and Divorce for Florida on
Q: In FL, if transfer money from separate premarital account to marital account, makes premarital account marital?

If I live in Florida, and I have money from a separate account prior to the marriage, and I transfer some of that money into a marital account for both spouses, then does the separate account prior to marriage stop being separate and becomes a marital account?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Apr 4, 2021

The transfer of premarital funds into a marital account only makes the money transferred marital. It does not convert the premarital account into a marital account. It is very easy though to convert premarital assets into marital. If this is an ongoing concern, a post-nuptial agreement may be... Read more »

1 Answer | Asked in Family Law for Florida on
Q: In FL, premarital business produces income and value after marriage, does the income and value become marital property?

Concerning Florida marital property, if I have a business created prior to marriage, and during the marriage the business generates income and increases in value, and I keep that income in my separate premarital account and any proceeds from selling the business is put in my separate premarital... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 3, 2021

Yes. Unless you had a prenuptial agreement, all of the income and appreciation during the marriage is subject to division. If you can prove the premarital portion, meaning the business value on the date of marriage, you can argue that that gets subtracted prior to division.

You should...
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1 Answer | Asked in Family Law for Florida on
Q: If the mother of my child and I have no custody agreement and I take my child from a family friend is it kidnapping
Rand Scott Lieber
Rand Scott Lieber answered on Apr 1, 2021

If you have never been to court for paternity then the mother has full custody rights. You should immediately file something in court if you are concerned about this going forward. The court (and the police) will look at your past behavior regarding sharing the child.

1 Answer | Asked in Family Law for Florida on
Q: Is legal to help an 18 year old move out without parent consent in Florida?

My partner is trying to move out at the age 18, but is trying to do it quickly and needs help since the parents in question won't be willing. Would I and my friends get in trouble for helping them move out? Is it concidered tresspassing and the parents have legal reasons to harm us?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2021

18 years of age is the age of majority in Florida and almost all other states. So your "partner" can move. If that person lives there, she or he can invite you to his or her place of residence. If the parents accuse you of trespassing, call the police and advise them if the situation;... Read more »

1 Answer | Asked in Family Law for Florida on
Q: How can I find a pro Bono lawyer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 29, 2021

Google "pro bono lawyers in Palm Beach County"

2 Answers | Asked in Child Support and Family Law for Florida on
Q: when serving a summons for an increase in child support does the financial affidavit need to be included?
Shiobhan Olivero
Shiobhan Olivero answered on Mar 30, 2021

If you are seeking to modify a current child support order and are filing a petition for modification, a financial affidavit will need to filed in the case. Mandatory disclosures will also be required. Whether the financial affidavit needs to be filed at the same as the petition for modification,... Read more »

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: when serving a summons for an increase in child support does the financial affidavit need to be included?
Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2021

Your financial affidavit does not have to be served with the summons but it must be filed with the court before you can get a hearing on your motion to modify.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody, Domestic Violence and Libel & Slander for Florida on
Q: What do I do?!?! This person is trying to ruin me!!!!

My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 25, 2021

1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.

2. The second line of defense is to hire a very experienced trial...
Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I press charges on ex wife for false allegations

My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »

Tom Murphy
Tom Murphy answered on Mar 24, 2021

It is illegal to make false allegations of a crime. See Florida Statue 817.49

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter lives w/her mom in NJ. I live in FL. My case is handling by ASUME. How can I transfer my case to Florida?

My current income is lower than I had in PR, I'm still paying to ASUME as if I was there and it's an amount that is hard to afford every month.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 23, 2021

You need to apply for a modification in the court that is currently handling the child support order. If that is NJ then that is where you would file the modification.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My friend had 2 place her daddy in a facility, SHE asked me 2 move in her daddys place , in order to keep her

homestead exemption going.. ? she hired a lawyer for his estate & THEY SAID no one can rent or live there. because it , would not meet medicare restrictions , she would not recieve payments for her daddys care in the facility ?... IS THIS TRUE OR FALSE ?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 23, 2021

It is true that her father would lose his homestead exemption and the value of his home would then be a countable asset for Medicaid purposes (not Medicare) and be subject to claims after his death if the home is rented to an unrelated third party. A child or grandchild can reside in the home and... Read more »

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My dad is 93 and can no longer care for my stepmother who can't walk. What will happen to her if he leaves her

They live in a retirement home with limited ability to care for her and it is very expensive

Jason E. Neufeld
Jason E. Neufeld answered on Mar 21, 2021

Below is a link to a video I created that explains how to get help paying for home-health care through Medicaid-planning.

https://youtu.be/b2pt20YdjLc

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m 17 and I have a full time job, want to move out, what’s the process?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 21, 2021

You get someone to petition the court to remove your "disability of nonage". Some details are here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0743/Sections/0743.015.html

But where would you live? If you...
Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m 17 and I have a full time job, want to move out, what’s the process?
Shiobhan Olivero
Shiobhan Olivero answered on Mar 30, 2021

The question I ask back is - when are you going to turn 18? You can hire someone to file a petition for emancipation so that you can emancipate and live on your own as a minor --- if you meet all of the requirements of the law. However, the process is not a quick one. So, if you are going to turn... Read more »

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: MY children and I lived in Florida and the inlaws took them to TN and refused to return. Do I need a FL or Tn lawyer?

Is there any way to get the case brought to Fl? If so how? How do I know what lawyer to get? They are trying to adopt them and I want my babies back home asap!

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 15, 2021

If the children have been out of Florida for less than six months, you would sue in Florida for custody. It is unclear what in-laws took them to Tennessee and are trying to adopt them; the parents of the children's other parent?

1 Answer | Asked in Family Law for Florida on
Q: On my birth certificate my first and middle names are swapped & my social is the opposite.

Would the name on my social security card be considered a "former name" legally. I am asking because I am trying to apply for name change to fix the error.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 14, 2021

Your birth certificate is your legal name so that is the starting point. Unless you have previously changed your name you have no "former name." To change SS name just send them your birth certificate. To change your legal name (on birth certificate), go to court for a name change. Former... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Family Foster children have been with us for a year, now they want to remove them due to my husband's background.

6 nieces and nephews of my husband's were placed with us as family foster due to emergency removal from their home.

We underwent background checks, drug tests and a home study and everything was approved with no issues for a year. We got the phone call that they now want to remove all... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 11, 2021

As much as I feel saddened by your current situation, having worked as a supervising lawyer for Florida Department of Children & Families--longer than I wanted to--I feel compelled to point out that DCF does NOT EVER upset any families in the manner described by you for NO reason. Hire a Family... Read more »

2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Domestic Violence for Florida on
Q: will the magistrate/judge ensure i get some form of alimony and my belongings (8 yrs married with dv no child) ?

we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Mar 10, 2021

Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... Read more »

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