Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Florida on
Q: I believe my wife is hiding assets. Is there a way to find out about spouse's assets without filing for divorce.
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 9, 2023

You can hire a private investigator to research your spouse's financial accounts. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I had a TRO filed against me by a spiteful ex, if I have proof her claims are exaggerated/false will it be dismissed?

This is in the state of FL. Petitioner makes several claims that are false and a few that are exaggerated highly. It is for dating violence when in fact there has been none whatsoever the relationship was toxic certainly but NEITHER party was violent towards the other. I have a hearing soon where I... View More

Pamela J. Fero
Pamela J. Fero
answered on Mar 8, 2023

To have the TRO dismissed, you will need to present evidence that the allegations made by your ex are untrue or exaggerated. Evidence could include witness statements, photographs, text messages, or any other documentation that can help to prove your case.

You will need to file a motion to...
View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My son is 18 lives in chicago & will be attending college in the fall, how soon can his mother request extension

Court order ends 6/2023 how soon can mother request extension for college

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2023

In Florida, unless your settlement agreement said something about college, child support terminates on eighteenth birthday or high school graduation. No extensions. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: My wife and I are separated for 3 years. Can I stop paying voluntary child support because she won't sign the papers?

I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2023

If and when your divorce is finalized there will be a child support obligation. You will receive credit for any payments made voluntarily towards child support. As long as you recognize that you will owe child support and there is no court order now that you pay child support you have no current... View More

View More Answers

1 Answer | Asked in Family Law for Florida on
Q: For the simplified dissolution (in FL), the instructions are a little unclear. My husband lives in another state. I live

In FL. It says we can file online. But somewhere else it says we have to go in person to sign. Can I just have him sign in his state with a notary or some other way? Thanks!

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2023

Your spouse can sign and have notarized their response to the uncontested divorce petition in the state where they live. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: How to get arrears childsupport case dropped.

Both kids are over 21and both custodial parents are deceased. How do I resolve this case so my bench warrant in florida can be cleared

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 7, 2023

You need to resolve the child support issue with whatever court issued the order. If you believe that there is no longer an obligation then file a motion with the court explaining why. If the court agrees then the arrearage can be resolved. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: I have a Ex husband demanding $ 800 a month for our son. Outside of my agreement .divorce paperwork divorced (2010)

My responsibilities is to cover Health/Insurance. I have been unemployed a few months. What are my options?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 7, 2023

If your only legal financial obligation is to provide health insurance and you are having financial hardship then you can return to court to explain your situation and ask for a modification. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What steps can I take to get legal rights of my daughter so the mother can not take her out of state ?

I am on my daughters birth certificate the mother and I are no longer on good terms but she wants to take her out of state without my consent.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 7, 2023

If you have never been to court regarding the child then you need to file a petition for paternity. A paternity lawsuit will establish and protect your rights as the father. Issues like school and moving will be covered by "shared parental responsibility" which means that both parents... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Support for Florida on
Q: my former husband is requesting bank statements, however, my current husband is the only owner of the business account

I am a signer, but have no ownership rights. Also they are asking for his personal accounts, which I am not on either. I do not have any bank accounts at this time. My minor children have savings accounts. Please help me

Ira Markowitz
Ira Markowitz
answered on Mar 6, 2023

Has your former husband filed a Supplemental Petition For Modification?

Have you been served?

Was there a Marital Settlement Agreement ?

Note Child Support is always modifiable as long as the child has not reached the age of 18 or 19expected to graduate High School by age 19...
View More

View More Answers

1 Answer | Asked in Contracts, Divorce and Family Law for Florida on
Q: Is there a statute of limitations on recording a person without their consent?

My ex-husband has been recording our conversations and sending them to his friends

Is there a statute of limitations? It's been four years.

Pamela J. Fero
Pamela J. Fero
answered on Mar 3, 2023

Under Florida recording law, (two-party consent law) secretly recording individuals without their knowledge and consent is illegal. If someone have any audio recordings of you that you did not consent to, they can be criminally prosecuted. This can be a 3rd Degree Felony offense, punishable by up... View More

1 Answer | Asked in Family Law for Florida on
Q: How do you serve a subpoena for deposition in Puerto Rico on a Peurto Rican citizen for a Florida case?
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 2, 2023

The subpoena is issued by the Florida court. You hire a process server who, through their network, will serve the person in PR. What you need to understand is that you cannot force the witness in PR to travel to Florida. You must either depose them in their home county or make other arrangements to... View More

1 Answer | Asked in Family Law and Divorce for Florida on
Q: My wife and I have filled simple dissolution of marriage papers. On them I am listed as paying for it, I am keeping it.

She fled with the vehicle while I was at work and left the state. Is there anything legally I can do? The vehicle is in both of our names and the final hearing has not yet happened.

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

You should hire a family law attorney in or near the county where your case is pending to request exclusive use and possession of the vehicle during the pendency of the divorce proceeding, and then to seek enforcement of that order if she doesn’t return the vehicle.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My mom is trying to send me to a boarding school. Is there anyway my dad can get a lawyer and stop this?

If someone could talk with me in private about my situation please email me at kyreechenkin@gmail.com

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 28, 2023

If you are a minor in Florida then your parents are in control. If they are divorced then normally they must agree on where you go to school. If they cannot agree then the court will choose which parent decides. Good luck.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I am asking on behalf of my husband. How to make someone comply with court orders.

In September 2022 my husband filled a request for an adjustment in child support, based on a substantial decrease in income and an increase in bills. In response to this request, his ex served him with a lawsuit. Asking for both more money, and less visitation. The original request was then... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 27, 2023

I can only answer based on Florida law. If your child support case is in Florida then you can ask the court to compel her compliance with the discovery process (exchange of financial documents). The motion to compel will have a deadline which can then be escalated to a motion for contempt. It is... View More

View More Answers

1 Answer | Asked in Family Law for Florida on
Q: What can I file to have the pediatrician office obey the material settlement agreement?

We have a martial settlement agreement that states the father shall take the children to the all medical appointment. Mother can take the children if father can not attend. I have filed a contempt on mother because she is always taking the children to the appointment without telling me. The... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2023

The pediatrician's office is not a party to the case and thus is not bound by the agreement. Thus, they are not required to try to enforce it for you.

1 Answer | Asked in Family Law for Florida on
Q: Can someone having legal custody move out of state without parents permission

My aunt and uncle have legal custody or guardianship over my minor children. And they moved from Delaware without transferring the case or informing my husband and I is that illegal and if it is what can I do about it. I can't get any case information so please help

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

You need to look at the court order that granted them guardianship. This is a specialized area of law. You should speak with a local dependency lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Hey if I got denied from modification from administrative child support but I filed through judicial court

And they're trying to suspend my license I have court tomorrow I filed today for another modification through the judicial court does that still buy me time to get back in court to show that I'm doing my part and they won't suspend my license

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 21, 2023

You are always able to motion the court to not suspend your driving privilege. The court wants you to work to earn money to pay the child support. Explain that you cannot work without your drivers license. As long as you can demonstrate that you are making your best efforts to work and pay your... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: i was married 17 years divorce was final June 2022 am I still eligible for life time alimony?

was told under some new law my 700 dollar alimony was cut to 319 dollars for 17 year? am I still eligible for the full 700 for life time? for the state of Florida

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 21, 2023

If you were divorced in June 2022 then you are bound by whatever that court order says. It is not clear why the amount changed from 700 to 319 but there is no law in Florida that would mandate that change. You should take your court documents and speak with a local family lawyer for more specific... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can a motion be amended after its hearing from the plaintiff has been heard and respond.. hasn't answered yet. DRcase

I had a hearing on a motion. During that hearing respondent wasnt given time to respond so the hearing is continuing at a later date. but before the date came. the plaintiff submitted a amended motion. is that legal ? It is a Family Case (divorce) in Florida

Paul Michael McDermott
Paul Michael McDermott
answered on Feb 20, 2023

Sounds like the "hearing" did not address the merits of the original motion and the motion hearing was was rescheduled to allow time for a responsive pleading. In that case, I don't see an issue with an amended motion assuming you have sufficient time to respond and prepare for the... View More

View More Answers

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: If I file a report against someone online but they say I have to have a deputy respond, can I refuse?

I filed a report against my ex for hitting me online they responded saying g I has to have a deputy respond to file that type of report but I would rather not upset our son any more thinking his dad will go to jail can I refuse since my ex has not contacted me since the incident ?

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

If you want law enforcement to pursue anything then you will have to either make a report at the station in person or have a deputy come to you. If you do not want to pursue it further then you don't need to do anything else. Speak with a local lawyer for more specific advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.