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Florida Family Law Questions & Answers
1 Answer | Asked in Divorce, Personal Injury and Family Law for Florida on
Q: My wife and I have split and she's showing and selling my masterbation video can I sue her

It was made for her supposed pleasure but apparently she wants to blackmailed me

Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2023

If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce, Family Law and Child Custody for Florida on
Q: My constitutional rights have been violated in civil/custody court many times. My children are in danger.

Pinellas County, fl.

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.

Contact a local attorney with experience in family law and civil rights...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: My husband of 11 years (we have been together 20) is trying to.force me to leave our rented home, although my name

Is also on the lease , and leave with no money even tho our bank account has $37,659, and with no car . Id literally leave destitute. What are my rights ? Do i have a right to our money ?

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

You must file for divorce in order to get legal protection. You are entitled to one half of the marital assets (and liabilities) accrued during the marriage. You also have an equal right to live in the property that is rented to both of you. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I still get some of my children? If there are 6 children 2 adults w/ the ex. I have the extra room now.

We have a total of 5 children but only 4 live with her. We have a written agreement that the children at the age of 13 can decide where they want to be. The ex and her boyfriend work shift work and my 12 year old is raising the other kids. But it’s 5 girls and my youngest boy. My middle girl... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 2, 2023

Unless your parental rights have been terminated you can always return to court to modify timesharing. You must file a motion and explain why you want the change. The legal standard is what is in the best interests of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Family Law for Florida on
Q: Can I get a mediator to help with paying my uncle back some money he gave me? There was a dispute that turned bad. Help

Had a disagreement over the help he was giving me, needed a loan to help pay for a dental plan due to an emergency, and told him it was such, and a big text argument ensued with me doing a really dumb thing. Before and after that dumb thing, I did tell him I was going to repay him every single... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 1, 2023

You don't need a mediator. Just mail him a check when you have the money.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Mental Health Consent for Minor Child

Florida. Parenting plan states mental health must be mutually agreed. Agreement for provider was reached. Child has been actively going to sessions for several months. Non Custodial parent now states they no longer consent to child seeing provider and is demanding the primary parent to change... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 31, 2023

The current law is that either parent my consent to mental health counseling for child. If child is already in counseling by agreement then the parent that wants a change must go to court if no agreement can be reached. Otherwise child continues with current provider. Speak with a local family... View More

3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 30, 2023

As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: if my wife committed infidelity at work with her manager can I sue the company?

So my wife and I have been together 7 years. We have been great and she started this job at a hotel last year this is her first job. Over the last month I have found out about her having relations with her manager and also possibly another coworker. I would like to know if there is anyway I can go... View More

Michael Ferrin
Michael Ferrin
answered on Oct 25, 2023

I am a family attorney so I cannot give you advice on your rights to sue her employer. I can say that many companies frown upon this sort of behavior and if they are made aware of it, it could lead to both your wife and the coworkers to be terminated. Not sure if you want to do that, as when you... View More

1 Answer | Asked in Real Estate Law, Child Support and Family Law for Florida on
Q: I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the

I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 23, 2023

You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My kids are in back in my care why am I still paying
Ira Markowitz
Ira Markowitz
answered on Oct 22, 2023

Have you filed a Motion For Modification of child support based on the current time sharing arrangements?

The date of filing the motion is the date the modification would be retroactive after a hearing or modification agreement though if reached through agreement can vary.

Best...
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3 Answers | Asked in Family Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: using the Fla. E-Filing Portal for interogatories i see only the "service of interogatories" on the collier clerk site

on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 22, 2023

It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Possible to move even if my sons father says no? Pregnant with my fiance and Is child, better opportunities for his job?

I have a court order in FL for my son who I coparent with his father. Our arrangement is 60/40 with me having majority and being his primary residence most of the year and for school. I am currently pregnant with my Fiance and Is first child, would this give me an option to redo that custody... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 22, 2023

The legal standard is what is best for your child, not what is best for you and your fiancé. If the father does not agree then you must go to court to change the timesharing. There are many factors that the court has to consider. Florida wants a child to have meaningful contact with both parents.... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Does Childtime sharing start before paperwork is signed by a judge?

As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2023

Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when... View More

1 Answer | Asked in Family Law and Estate Planning for Florida on
Q: How can you tell if a will is active and hasn't been changed
T. Augustus Claus
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answered on Oct 17, 2023

Check the date of the will. The will must be dated and signed by the testator (the person who made the will) and two witnesses. If the will is undated, it is not valid.

Look for any changes to the will. If the will has been changed, the changes must be initialed and dated by the testator...
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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is there anything that can be done to have old child support purge orders dropped?

My husband was arrested on 4, 3-4 year old arrest orders for child support purges. He is current on payments at this time as it has been getting taken out of his paychecks for atleast 5 years. We can not afford the purge amount or for him to serve the time in jail.

T. Augustus Claus
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answered on Oct 16, 2023

Yes, there may be something that can be done to have old child support purge orders dropped in Florida. You can pay the purge amount, file a motion to modify the purge order, or file a motion to quash the arrest warrant. For personalized legal advice tailored to your unique circumstances, it's... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: What constitutes a supportive/supported financial relationship to negate spousal support in Florida?

My wife wants a divorce. She's cheated at least once and now with a high index of suspiscion a second time. She has a credit card with debt & may also have an auto loan with another man. Will her extramarital financial agreements impact her being awarded spousal support (alimony)?

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 16, 2023

In Florida, alimony is based on financial need and financial ability to pay. The legal issue regarding extramarital affairs during the marriage is focused on the money spent on the affair. You may be entitled to a credit for any monies that your spouse spent on the affair. The issue with a... View More

1 Answer | Asked in Family Law for Florida on
Q: I am a self litigant for a contempt case i initiated. Some of my evidence is phone recordings. Can I use that in florida

courts? Also, Is there someone a can talk with for legal advice only?

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Florida is a two-party consent state. As long as all parties to the phone conversation consented to be recorded, you may use the phone recordings as evidence. If not, the evidence must be excluded and you will be charged with a third-degree felony under Fla. Stat. 934.03.

1 Answer | Asked in Divorce, Child Support and Family Law for Florida on
Q: Is there anyway I can fully protect all my assets if I married someone with two children ?

They were never married, only had twins. I believe she will as for child support after we are married. Is there anyway to protect myself at all or should we not get married?

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

Unless you legally adopt the children you will have no legal obligation to them, child support or otherwise. As far as protections with your potential spouse, you can enter into a prenuptial agreement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My ex is looking for divorce and time sharing after being absent for 4 years from our children’s lives. How do I contest

We were married in Dec 2012, he moved out in June 2016 and we saw him one time in June 2016 after that. He moved out and became an absent parent after DCF opened a case against him for substance use and the case was closed after he continued to refuse to take a drug test. And being absent until Dec... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 9, 2023

You need to answer his petition for divorce and explain everything that has happened over the past several years. The court will order timesharing based on what is in the best interests of the children. It sounds like you can demonstrate that the father has not been involved in the lives of the... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

Charles M.  Baron
Charles M. Baron
answered on Oct 6, 2023

If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an

immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to...
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