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Florida Family Law 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.

2 Answers | Asked in Family Law for Florida on
Q: I have to fill out financial affidavit. I’m currently unemployed but I do hair at home would I list as self employment?

I do hair on and off at home would I list down as self employment but also submit a letter explaining unemployment?

Rand Scott Lieber
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answered on May 16, 2024

Yes. Just be honest. You create issues by hiding things or telling half truths. Legally you are going to be imputed minimum wage. You cannot hurt yourself by being honest. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law for Florida on
Q: I have to fill out financial affidavit. I’m currently unemployed but I do hair at home would I list as self employment?

I do hair on and off at home would I list down as self employment but also submit a letter explaining unemployment?

Destardes Moore
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Destardes Moore
answered on May 22, 2024

In the financial affidavit, there's a dedicated section for reporting self-employment income. It's important to regularly estimate your monthly earnings and update your financial information accordingly. For guidance on your specific situation, consider consulting a family law attorney.

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: How likely is it my kids would be taken if this was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Veronica LaVerne Robinson
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answered on May 16, 2024

It is unlikely that your children will be taken away from you simply because you have a condition which requires you to take medication. Many people in society have bouts of anxiety and depression and society, including family court, understands and does not condemn people who are going through... View More

2 Answers | 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

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2 Answers | 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.

James L. Arrasmith
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answered on Jun 3, 2024

You can pursue legal action against your former spouse for accepting a QDRO overpayment from a pension plan. The first step is to review the original QDRO (Qualified Domestic Relations Order) to understand the terms and any discrepancies that led to the overpayment. Documentation of the overpayment... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: If I have shared parental responsibility with father in another state can he take her out of state without my permission
Rand Scott Lieber
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answered on May 14, 2024

In Florida, shared parental responsibility means discussing major decisions like health and education. If you have a parenting plan there is a separate section that addresses traveling. Generally, as long as it is his timesharing and he has informed you about the travel he should be able to go.... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: If I have shared parental responsibility with father in another state can he take her out of state without my permission
Michael Ferrin
Michael Ferrin
answered on May 18, 2024

You need to take a look at your parenting plan as it should address travel. Usually if a parent wishes to travel with their children during their timesharing they would need to notify the other parent of the dates for travel, the location they are going, tavel information such as flight info etc,... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I need to file a relocation for my minor child more than 50 miles.

This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.

Rand Scott Lieber
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answered on May 9, 2024

I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: how can i acquire about child support arrears being modified

my case was established in 1996, the amount ordered was and is above my means, this was never based on my income or anything because I foolishly signed a paper from my ex. At the time I was a waitress making $2.01 an hour with a eight grade education. In the past before modern day tech I was... View More

Rand Scott Lieber
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answered on May 7, 2024

You need to file a motion with the last court that handled the child support order asking to modify or terminate the obligation. Based on your question that appears to be Mississippi. It would also help if the other parent is willing to cooperate with you and say that they are no longer asking for... View More

3 Answers | Asked in Family Law and Tax Law for Florida on
Q: My ex wife filed our kids on her taxes. There is a court order stating we each file a child. What can I do?
Rand Scott Lieber
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answered on May 2, 2024

You need to return to the court that issued the order and file a motion for enforcement and contempt. The remedy will either be to file an amended tax return for the current year or allow you to claim both children the following year. If you just file your return claiming a child that has already... View More

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3 Answers | Asked in Family Law and Tax Law for Florida on
Q: My ex wife filed our kids on her taxes. There is a court order stating we each file a child. What can I do?
James L. Arrasmith
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answered on May 9, 2024

I understand this is a frustrating situation. Here are some steps you can take to address your ex-wife filing your children on her taxes in violation of the court order:

1. Contact your ex-wife: Try to resolve the issue amicably by reminding her of the court order and requesting that she...
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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 Family Law and Banking for Florida on
Q: Q: Can a Credit Union drain account to pay for credit card immediately after death?

I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More

James L. Arrasmith
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answered on Apr 21, 2024

I'm so sorry for your loss. This is a difficult and stressful situation to navigate while grieving.

From a legal perspective, the credit union's actions seem questionable. Generally, when someone passes away, their estate goes through the probate process to settle debts and...
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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is it illegal to share an Alabama custody order in a Florida case that does not involve the same clients
Veronica LaVerne Robinson
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answered on Apr 19, 2024

It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: What steps do I need to take to garnish my ex's SSDI benefits for my minor child.

My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?

James L. Arrasmith
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answered on Apr 18, 2024

Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:

1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support...
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