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Florida Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Florida on
Q: Me and my wife ex-wife agreed to terminate child support because my son is 29 years old what form do I need to have her

Fill out and what does procedure for filing it

Rand Scott Lieber
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answered on Feb 7, 2024

You need a written agreement from your former spouse waiving the outstanding balance. Then you can file the agreement with a motion to terminate child support. You need to file with the court that issued your current child support order. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: my lawyer withdrew from my case the day after the judge denied relief . I was given no notice along with a stipulation

my lawyer withdrew from my case the day after the judge denied relief ,, There is has been lack of communication this whole time from I have felt left in the dark ,, Then to have them withdraw and filing a motion with courts saying I broke my employer contract and then another email was sent right... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The most common reason for a lawyer to withdraw stating that a client has broken their contract is because the client failed to pay the lawyer's fees as agreed. This is a perfectly legitimate reason for a lawyer to withdraw.

While you can hire a new lawyer to represent you, expect to...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If someone listed in a Will has passed, does their portion go to their son or split between the remaining beficiaries.

My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 5, 2024

I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is sleeping on the living room couch ok in a shared custody?

My daughter goes to her father’s every other weekend. Recently we found out that he gave her room to the new baby and now she is sleeping in the living room on the couch. Is this acceptable living standards for a 9 year old, per the court.

Rand Scott Lieber
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answered on Feb 5, 2024

The legal standard is what is in the best interests of the child. If this is the best solution for the father and the child is not suffering then you may just have to deal with it. There is no bright line rule regarding a situation like this. Speak with a local family lawyer for more specific... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

T. Augustus Claus
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answered on Feb 2, 2024

In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 3, 2024

You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can't afford a lawyer,can I request full custody of child on my own?Father lives abroad,not co-parenting, no childsuppor
Rand Scott Lieber
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answered on Jan 30, 2024

You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: 34 year marriage. Defense attorney husband left me for a criminal defendent he began an affair with.

Do I have any additional rights to alimony or other support (health insurance coverage, etc.) considering he filed to leave our marriage for his criminal mistress?

Rand Scott Lieber
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answered on Jan 26, 2024

Based on Florida law, you are probably entitled to alimony based on the length of marriage and disparity in income. The fact that he cheated does not have a direct impact on your alimony claim. If he spent marital funds on the affair you can seek to have half of that money credited to you. Speak... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Sexual Harassment for Florida on
Q: I was drugged and raped.. I have minimal drtail regarding the act but I have clearemory of prior.. but there are

Cameras all over thr property.. I need to speak to a lawyer who can help me through this the right way. And if anything give me legal advice in this situation. I have a story to tell and there are so many other women this bas and is happening to by this man. I'm scared and do not know where... View More

James L. Arrasmith
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answered on Jan 26, 2024

I am so sorry this traumatic event happened to you. Seeking justice can be daunting, but you have options and are showing great courage. Here is my advice:

1. Call the National Sexual Assault Hotline 800-656-4673. Talk to a counselor before proceeding so you get emotional support and...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Florida on
Q: I want to sue CPS & get my daughter back cuz they violated a bunch of our rights how would I go about that

I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More

James L. Arrasmith
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answered on Jan 24, 2024

I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.

To pursue legal action against Child Protective Services (CPS)...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If custodial parent obtained court approval to relocate out of state, can that parent then relocate again w/o new order?

Mom took minor kids from TN to PA for a job. Dad agreed, court order obtained. While in PA, mom took different job (paid way more) and moved to Maryland. A year later moved back to PA. Now mom’s company threatening to bring her back to TN (she’s been working remotely). Dad has moved to Florida... View More

Rand Scott Lieber
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answered on Jan 24, 2024

This question is answered based on Florida law. Each time a parent relocates they either need the other parent's agreement or they need to return to court. In your case, it sounds like you have acquiesced to some of the moves. You can return to court when you have issues with the other parent;... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: My son (17) graduated high school and has a job, can he legally move out? He wants to live with his girlfriend (18).

He’s adopted.

Rand Scott Lieber
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answered on Jan 22, 2024

In Florida you are legally emancipated on your eighteenth birthday. You do not say if you are trying to prevent him from moving out. What you are describing is not "illegal" in any way. His being adopted does not change anything. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Elder Law, Estate Planning and Probate for Florida on
Q: My uncle has passed away in Florida. He had dementia. How can I find out who his attorney or power of attorney was?

His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?

James L. Arrasmith
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answered on Jan 21, 2024

I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More

1 Answer | Asked in Consumer Law, Banking, Divorce and Family Law for Florida on
Q: I had a settlement claim the bank let me deposit it and said it was ok then refused to give it back to me

It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More

Angelo "Tony" Marino Jr.
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answered on Jan 20, 2024

Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do I reply to a petition? I'd like to do it myself! Not having any luck with attorney's & I'm on a time limit!

I have an upcoming court date on Feb 13th

Thank you

Rand Scott Lieber
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answered on Jan 19, 2024

The Petition should have numbered paragraphs. Your pleading is called an "Answer." For each number you need to admit or deny the allegation. If you choose you can explain why you deny but it is not required. You can also answer that you have no knowledge of a particular number if that is... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is alimony in FL calculated on net income of a business if self employed or income tax return after itemized deductions?

So my husband wants me to sign a separation agreement in the meantime before going through the process of divorce but the problem is that his income the past year was just half the amount of what he will be making this coming year since he just have this business opened for the last 6 months. So if... View More

Rand Scott Lieber
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answered on Jan 17, 2024

Most important, do not sign anything without speaking with a local family lawyer. Child support is always modifiable until the child turns eighteen. Alimony on the other hand can be modifiable or non-modifiable. Equitable distribution means the division of the marital assets and liabilities. A... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My husband and I are separated and going through a divorce, and i do not think our daughter is safe with him. What do i
Rand Scott Lieber
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answered on Jan 16, 2024

If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My child's mother went to jail today I want full custody can she battle me for custody while incarcerated
Rand Scott Lieber
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answered on Jan 16, 2024

You, as the father, must go to court to establish and/or modify timesharing (custody). If and when the mother is no longer incarcerated she can reestablish her timesharing rights. You do not get custody "by default" just because she is in jail/ prison. Speak with a local family lawyer for... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In Florida, if the husband owned a residence and paid it off twenty four years prior to marriage, what portion is due

the wife if the title to the property was never placed in her name ?

Rand Scott Lieber
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answered on Jan 11, 2024

Assuming that the two of you lived together in the house during the intact marriage, you would need to establish the value of the house on the date of marriage and another value for the date of division. As a starting point, each party would be entitled to half of the change in value during the... View More

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