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Florida Family Law Questions & Answers
2 Answers | Asked in Family Law for Florida on
Q: My exeife was awarded alimony I paid it until my 401k dividends ran out then I didn’t she took me to court now they

Deduct $605 monthly until it was paid off well it has how do I stop payments and also she remarried we have no kids together we were married 15 years I have all court papers I live now in Illinois I am a Vietnam bet 76 yo

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 10, 2020

The fastest way to stop the bleeding is to take all the money you owe out of your 401k and give it to your ex. If you are not happy with that advice then the only way to TRY to stop the bleeding is to return to the Circuit Court that entered the Order imposing alimony and plead your case as to why... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Elder Law for Florida on
Q: Can you get a retrail if you have a mental disabilty or blea
Henry George Ferro
Henry George Ferro answered on Mar 9, 2020

You are not providing sufficient information to give you an honest answer...

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I re-fi during a divorce?

Husband agreed that the house is mine. The paperwork is not finalized. Can I re-fi the house?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 9, 2020

You can but while you are still married the other party will need to sign off on the closing. You can refinance in your own name but he will need to sign a quit claim deed regarding title to the property.

2 Answers | Asked in Family Law for Florida on
Q: We both signed the martial settlement agreement without to much thought. Can we re-submit if we both agree?

Husband was so anxious to file the paper work, and i was just tired of the fighting, so I signed it. Yes I know it was dumb but it was it is. He used a cookie cutter document from his flat fee lawyer and it left out a ton of details, such as who gets the IRAs, retirements, etc.... if we re-do the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 9, 2020

Yes, as long as the new agreement is in writing and signed by both of you it can replace the first agreement.

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1 Answer | Asked in Family Law for Florida on
Q: My dad will not relinquish my account and I am of age

Can I take legal action ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 6, 2020

What proof do you have that it's your account?

1 Answer | Asked in Child Custody, Family Law and Immigration Law for Florida on
Q: Is there a way to get sole custody of a child if father has been deported, without the father needing to be involved?

Childs father was put in jail when child was 5, and subsequently deported.child is now 11 years old, they do have contact but via the internet only.he has not provided a penny of support obviously in all this time, i do not even have a physical address out of the country for him. I only care for... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 6, 2020

You should consult with an experienced family law attorney for this information.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Who asset is a minors money certificate during a separation?

I have discovered that my spouse has been sending thousands of dollars to a certificate at the bank that I do not have access. I can just see the money leaving. I asked him about it (after the financial affidavit) was submitted, and it was not listed as an asset for anybody. I called the bank, and... Read more »

Beth Louise Clause
Beth Louise Clause answered on Mar 6, 2020

This will need to be addressed at mediation and/or trial. There are a lot of factors that need to be considered. Where is the money that is being deposited coming from? Is the money truly for the benefit of the child? Is your husband the only person who has control over the account?... Read more »

1 Answer | Asked in Family Law for Florida on
Q: What should I do, if my court appointed attorney will not return my calls or text and I've caught him in lies?

My case is a DCF case and my son has been in a foster home for 4 months. My attorney has yet to speak up on my behalf! I'm still in supervised visitation and should be on unsupervised.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 6, 2020

Advice: Do not start a war with your court-appointed lawyer; why? Because they are trying to help you--free of charge.

2 Answers | Asked in Family Law for Florida on
Q: What if a spouse violates anything in the "Standing Temporary Order for Dissolution of Marriage" ?

Can I report him to the court? I do not have a lawyer.

How do I file a motion? The order is in Lee County, I live in another. Do I have to do it in person, on phone, fax, online?

Example: "Neither party will incur additional debt which would bind the other...."

1) He signed... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 5, 2020

You "report" him to the court by filing a motion specifying what he did wrong.

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1 Answer | Asked in Family Law for Florida on
Q: My mother was born in Isabela on 8/1946. Her birthday is wrong by two days. She no longer has her original. What to do?

She is a retired federal who worked for 23 years. Has ssa. Collects Annuity from Department of Defense Army from dad death. She has traveled, use the same date forever. She can't get her license renewed. What kind of attorney do we need? What information should i collect?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 5, 2020

Despite practicing law in Florida for over 41 years I have never seen of even heard of this problem waiting to show up after a career in the federal government. All I can think of is for you to take your mother to the nearest Florida license tag office and ask how to start whatever process... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How much visitation would my ex receive if he came to FL and applied for visitation or custody for our four year old son

My sons father lives in NY and we were never married. I had our son in FL and he is four years old. My sons father met him twice because I brought him to NY so he could meet him. My ex refuses to come to FL to visit our son. The other day he called my house phone and left a threatening voice mail... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 5, 2020

You probably should consult with an attorney who practices family law in Indian River County (where you appear to be located); each judge is likely to approach a case like this somewhat differently.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Filed for custody, mother replied but didnt reply with right paperwork. Can I still file for default?

We have a three year son whom I filed shared legal and physical custody of in October. She finally replied and wants sole custody but only filed a parental plan and financial affidavit. Can I file for default since she didn't file all required documents and mail them to me?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 4, 2020

If the Mother did not file an Answer to your Petition for Establishment of Paternity, then yes, the appropriate thing to file is a Devault and ask the judge for a final hearing.

Good luck.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Filed for shared custody, mother didn't file all of needed papers nor served. What to do next? Can I file for default?

Filed for 50/50 shared custody of my 3 year son in October after Mother stopped visits for 5 months. Mother only allowed supervised visitation before where I was responsible for transportation, food and entertainment for her and her 4 children. Mother wants 70/30. She filed parenting plan and... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 2, 2020

You must file a motion to compel or for her to show why she should not be held in contempt of court for her not complying with prior court orders. You must also ask the court for a final hearing or trial in order to have the court determine the final parenting plan.

Good luck.

1 Answer | Asked in Family Law for Florida on
Q: I was told that in order for my daughter to travel with her grandmother on a plane that I would have to get a notarized

Letter giving my permission is that true?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2020

You need to check with the specific airline about their requirements.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I'm completing the mandatory disclosure and financial affidavit for my husband

His Ex is taking him back to court for time-sharing modification and child support. He is only working minimal as he was diagnosed w stage 4 Hodgkins. Do I have to include our joint bank statements that include my income? We (me and the ex) work at the same employer. Since child support shouldn't... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2020

You are required to provide bank statements; however, you can black out and line items that are personal to you, like your income.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can my spouse remove themselves off our co-signed rental lease without my permission during an open divorce case?

Also stopped paying utility bill. Can I file contempt or what other type of filing can I use to notify judge?

Jean Richardson
Jean Richardson answered on Feb 28, 2020

A person can be held in contempt of court if he/she violates a previous order specifically directing him/her not to do a certain thing but does it anyway. Was there a previous order directing him/her not to do these things? Otherwise, why would he/she needs your permission to remove their name off... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My fiancé has a son who is 12 yrs old and lives with his mother in Puerto Rico.

My fiancé who uses my address in FL, but is only in FL 3-5 days out of the month since he started working as an independent contractor and drives all over the states. He was married to the mother of his child for 3 months in PR, they got divorced and a child support was established. After the... Read more »

Jean Richardson
Jean Richardson answered on Feb 28, 2020

The support order was registered/domesticated in the county where you live. Is your address on his driver's license or did he provide your address as his home of record. Regardless, since the order is now registered in FL, his wages may be garnished by the FL Department of Revenue for child support.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a petition to establish paternity conflict with an application for child support?

I applied for child support about 2 weeks ago, and they just sent me a letter saying they opened an administrative case. I’m pretty sure that my ex boyfriend received this as well, b/c I just checked the clerk of court website & I see that he has filed a petition to establish paternity (filed... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 25, 2020

The DOR case (administrative) and the Paternity case should be consolidated by the court. There is no reason for a delay as you are entitled to child support regardless of his filing.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can I charge the father of my grandchild rent as I will be housing his child after abandoning my daughter

My daughter is currently finishing her degree and has not worked so my husband and I will be helping her raise the child

Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2020

You can charge him rent if he is living in your house but you say he has abandoned the mother. If that is the case then the mother needs to pursue child support from the father, which she can share with you for expenses.

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2 Answers | Asked in Family Law for Florida on
Q: Is there any reason or benefit in an unmarried mother filing a petition to establish paternity?

My daughter has a 5 yoa son with her ex boyfriend. He has not seen the child in almost 2 years. We just got word from one of his family members that he’s going to be filing a petition to establish his paternity. My daughter for some reason wants to file first so she can be the first to say what... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2020

There is no advantage to filing first. The court is going to do what is in the best interest of the child regardless. Until anyone files mom has 100% rights over the child.

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