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Florida Family Law Questions & Answers
2 Answers | Asked in Contracts, Family Law and Legal Malpractice for Florida on
Q: Can my girlfriend lower the cost of a lawyer to less that $500?

My girlfriend is broke and needs to pay $500 for her lawyer to help finalize a legal case so she can get her inheritance, and I’m looking to see if the price can be lowered. I’m in Mississippi, but she’s in Florida.

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2023

It depends on what needs to be done. She will need to contact probate lawyers in her state to discuss costs for what is needed to be done.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: If you are doing an uncontested divorce. You’ve been married 18 years. Your spouse owns the house, but you’ve both been

Making the payments. He wants to keep the house. Do I have any rights to compensation for helping pay the mortgage the past 18 years?

Pamela J. Fero
Pamela J. Fero
answered on Feb 14, 2023

In Florida, marital property is typically divided equitably in a divorce. This means that all assets and debts acquired during the marriage, regardless of who owns them, are considered marital property and subject to division.

In the case you've described, the house is considered...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can a parent that's Behind over $5,000 in child support threatened to take his kids away from the mother due to hardship

Mother behind in rent from loss of job on 10/31. Mother back at work 12/19. She's trying to get caught up.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 13, 2023

Timesharing and child support are two separate issues. You cannot have timesharing taken away because you are not paying child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: In Florida 50/50 custody Do I have to have other parent agree with me adding medical for my daughter at my new job?

Daughter was on medicaid and I got a new job where I can add her on now, my ex never put her on her work insurance and can't until November and medicaid PPE is expiring in May, My ex is upset and wants me to look at 3rd party coverages versus my job. I want to make sure my daughter is covered... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 13, 2023

Obviously it is better if the two parents can agree. Does your agreement say which parent has the responsibility to provide health insurance for the children? You should do whatever is in the best interests of the child as long as you can justify your actions if challenged. Child support is always... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Hello. Is "age of majority" based on where the child has lived the entire time or where the court papers were filed?

The document states pursuant to Rule 32 of the Alabama Rules of Judicial Administration but the child has lived in Florida for the duration of the child support payments.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 13, 2023

Based on your question the Alabama rule would apply. More specifically, if you are asking about child support, you go back to the court (State) that issued the child support order for definitions, not where the child lives. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can a judge (FL) order someone who is unemployed to pay of $800 in child support.

Judge allowed mother to temp relocate back to NY. I have to pay travel expense for my son who is 5 years old which consist of flight ($300-$500) in addition unaccompanied minor fee ($300RT).

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

Generally speaking, when a party is unemployed, for child support purposes, they are imputed (assumed) to be earning minimum wage. If you cannot afford the timesharing based on a minimum wage income then you should return to court and ask for a modification. Because this can be a complex issue... View More

1 Answer | Asked in Family Law for Florida on
Q: My mom passed in Dec 2022 and my brother and i are her Personal representatives(Executors). How do we get her house and

utility bills transfer in our name as stated in her will.

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

You need to go see an attorney that specializes in probate. This is probably not something that you can do yourself. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: in a quit claim with named life tenants and upon the death of to a child does the child get immediate ownership
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2023

Yes, it appears that the property would now vest in the child, the life tenant having died.

1 Answer | Asked in Family Law for Florida on
Q: In Florida, what legal steps should father take if mother strongly restricting his time/access to his 16y/o daughter?

Mother now claiming she doesn't want father to interact with daughter at all, unless he goes through psychological evaluation.

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

You do not mention whether you have been to court or not. If you have never been to court then you can file a paternity case (assuming that you are not married). Through the court process you will get a parenting plan which specifies what time belongs to each parent. Then if she obstructs your time... View More

1 Answer | Asked in Family Law for Florida on
Q: Can I still sign annulment papers that are 6 years old? The claim still shows an active status. It was filed in Califor.
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 3, 2023

This is a question for a California lawyer since that is where the case is filed. However, my guess is probably not. Speak with a California family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Can I put a restraining order on my ex but still let her see our son?

Me and my ex girlfriend broke up several months ago. I have a new girlfriend and my ex girlfriend does not want our son to be around my new girlfriend. Yesterday, my ex girlfriend and her mom came to my house to drop my son off to me. Her mom physically and verbally assaulted me. I called the... View More

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

Conditions in a restraining order (injunction) are up to the judge. If an injunction is issued against a person who shares a child with you then the injunction terms should reference access to the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: My longtime domestic partner has threatened to have me arrested because I left him and took the car that we both owned.

He has since transferred the title into his name which leave me without transportation

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

Generally, if both of your names are on the title one party cannot simply remove the other party. You need to look carefully at the title. If you have the registration it should show both of your names. If it does not you need to look further. Ultimately you may need to go to court to resolve this... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Father who resides in Florida has faithfully paid child support after child’s mother filed claim in puerto rico. Child

now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 1, 2023

You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: 16yo son lives w/his dad in Florida, is failing 10th grade for 2nd time and is truant. Can I request to terminate cs?

My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... View More

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

Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for... View More

1 Answer | Asked in Family Law for Florida on
Q: Can I make my own hearing in judges chambers ? And if I can provide witnesses and or proof that case worker has lied

Will the judge listen or is there anyone else I need to go to .. Pasco county Florida

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

To be heard in court on any issue you need to file a motion and request a hearing. If a hearing is already scheduled you need to be sure that your issue is noticed to be heard at the hearing. Seeing the judge in chambers as opposed to in the courtroom is at the discretion of the judge. Once you... View More

1 Answer | Asked in Family Law for Florida on
Q: Hi, recently my ex filed a Paternity case with the Florida courts. The case is still open, no parenting plan yet

Can I remove the dads wife from the pick up list on the daycare; and only father and mother can pick up child until the case has been closed and there is a parenting plan in effect? Please help! Thanks!

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2023

Normally you are expected to maintain the status quo, meaning that you should not make changes. If you have a legitimate concern regarding the dad's wife that you can explain to the court then perhaps you can make the change. However, if you do not, this change could be held against you as... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: In a custody case, can the child be living on a yacht without the mothers permission or knowledge

4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)

They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2023

This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am divorced with 3 kids. I have a demanding job that is causing unneeded stress and am considering a change in jobs.

The new job will be less money. Would that warrant a change in child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 24, 2023

Child support is modifiable, up or down, until the children turn 18. You can change your income as long as you have a valid reason and it the change in income is reasonable. For example, you can't quit your $100K job to take a minimum wage job. Speak with a local family lawyer for more... View More

1 Answer | Asked in Family Law, Nursing Home Abuse and Wrongful Death for Florida on
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away

The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well

Pamela J. Fero
Pamela J. Fero
answered on Jan 20, 2023

If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Child custody and support questions well after a divorce

My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2023

Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... View More

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