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
3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

A court cannot force you to have health insurance on yourself. However, there are some exceptions to this general rule. For example, a court may order you to have health insurance if

you are a parent and must provide health insurance for your child as part of a child support order....
View More

View More Answers

3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: if my wife committed infidelity at work with her manager can I sue the company?

So my wife and I have been together 7 years. We have been great and she started this job at a hotel last year this is her first job. Over the last month I have found out about her having relations with her manager and also possibly another coworker. I would like to know if there is anyway I can go... View More

Michael Ferrin
Michael Ferrin
answered on Oct 25, 2023

I am a family attorney so I cannot give you advice on your rights to sue her employer. I can say that many companies frown upon this sort of behavior and if they are made aware of it, it could lead to both your wife and the coworkers to be terminated. Not sure if you want to do that, as when you... View More

1 Answer | Asked in Real Estate Law, Child Support and Family Law for Florida on
Q: I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the

I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My kids are in back in my care why am I still paying
Ira Markowitz
Ira Markowitz
answered on Oct 22, 2023

Have you filed a Motion For Modification of child support based on the current time sharing arrangements?

The date of filing the motion is the date the modification would be retroactive after a hearing or modification agreement though if reached through agreement can vary.

Best...
View More

3 Answers | Asked in Family Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: using the Fla. E-Filing Portal for interogatories i see only the "service of interogatories" on the collier clerk site

on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.

View More Answers

3 Answers | Asked in Family Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: using the Fla. E-Filing Portal for interogatories i see only the "service of interogatories" on the collier clerk site

on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

To add to Mr. L's accurate response, e-filing is the mandatory method of participating in the case. Once a document is e-filed there is no obligation to also share it via some other method. To participate in the case you must have your email registered in the case for that purpose. And Yes,... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Possible to move even if my sons father says no? Pregnant with my fiance and Is child, better opportunities for his job?

I have a court order in FL for my son who I coparent with his father. Our arrangement is 60/40 with me having majority and being his primary residence most of the year and for school. I am currently pregnant with my Fiance and Is first child, would this give me an option to redo that custody... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

The legal standard is what is best for your child, not what is best for you and your fiancé. If the father does not agree then you must go to court to change the timesharing. There are many factors that the court has to consider. Florida wants a child to have meaningful contact with both parents.... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Does Childtime sharing start before paperwork is signed by a judge?

As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when... View More

1 Answer | Asked in Family Law and Estate Planning for Florida on
Q: How can you tell if a will is active and hasn't been changed
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

Check the date of the will. The will must be dated and signed by the testator (the person who made the will) and two witnesses. If the will is undated, it is not valid.

Look for any changes to the will. If the will has been changed, the changes must be initialed and dated by the testator...
View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is there anything that can be done to have old child support purge orders dropped?

My husband was arrested on 4, 3-4 year old arrest orders for child support purges. He is current on payments at this time as it has been getting taken out of his paychecks for atleast 5 years. We can not afford the purge amount or for him to serve the time in jail.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

Yes, there may be something that can be done to have old child support purge orders dropped in Florida. You can pay the purge amount, file a motion to modify the purge order, or file a motion to quash the arrest warrant. For personalized legal advice tailored to your unique circumstances, it's... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: What constitutes a supportive/supported financial relationship to negate spousal support in Florida?

My wife wants a divorce. She's cheated at least once and now with a high index of suspiscion a second time. She has a credit card with debt & may also have an auto loan with another man. Will her extramarital financial agreements impact her being awarded spousal support (alimony)?

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

In Florida, alimony is based on financial need and financial ability to pay. The legal issue regarding extramarital affairs during the marriage is focused on the money spent on the affair. You may be entitled to a credit for any monies that your spouse spent on the affair. The issue with a... View More

1 Answer | Asked in Family Law for Florida on
Q: I am a self litigant for a contempt case i initiated. Some of my evidence is phone recordings. Can I use that in florida

courts? Also, Is there someone a can talk with for legal advice only?

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Florida is a two-party consent state. As long as all parties to the phone conversation consented to be recorded, you may use the phone recordings as evidence. If not, the evidence must be excluded and you will be charged with a third-degree felony under Fla. Stat. 934.03.

1 Answer | Asked in Divorce, Child Support and Family Law for Florida on
Q: Is there anyway I can fully protect all my assets if I married someone with two children ?

They were never married, only had twins. I believe she will as for child support after we are married. Is there anyway to protect myself at all or should we not get married?

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

Unless you legally adopt the children you will have no legal obligation to them, child support or otherwise. As far as protections with your potential spouse, you can enter into a prenuptial agreement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My ex is looking for divorce and time sharing after being absent for 4 years from our children’s lives. How do I contest

We were married in Dec 2012, he moved out in June 2016 and we saw him one time in June 2016 after that. He moved out and became an absent parent after DCF opened a case against him for substance use and the case was closed after he continued to refuse to take a drug test. And being absent until Dec... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

You need to answer his petition for divorce and explain everything that has happened over the past several years. The court will order timesharing based on what is in the best interests of the children. It sounds like you can demonstrate that the father has not been involved in the lives of the... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023

Aggravated battery against a pregnant woman is a serious offense and can be considered a crime of moral turpitude or an aggravated felony under immigration law. Green card holders convicted of such offenses are at risk of deportation. If she's deported, it may impact custody arrangements, but... View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

Charles M.  Baron
Charles M. Baron
answered on Oct 6, 2023

If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an

immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to...
View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a spouse going through a divorce stop paying mortgage or utilities when they moved out?

they split the bills and mortgage, both on the deed and note. One spouse moved and then served the papers. but is refusing to pay their half of the mortgage. Recently, the spouse that moved out has turned off internet, then took the modem.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2023

In Florida, in many jurisdictions, there is a presumption that both parties should maintain the financial status quo after a divorce is filed. This means that each party should continue to pay what they have traditionally paid. There are exceptions to this. You must apply to the court for relief,... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: My boyfriend was sapinaed for deposition by opposing council. What line of questioning is and not allowed?

I am a pro se litigant.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

During a deposition, opposing counsel has broad latitude to ask questions related to the subject matter of the lawsuit. They can inquire about facts, statements, actions, or any other information that might reasonably lead to admissible evidence. However, they can't ask questions that are... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can the opposing council sapina my boyfriend for Deposition to their law office? I'm pro se litigant in florida, Divorce
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

That depends on whether your boyfriend has any relevant information regarding the divorce. Generally, they cannot ask about his finances. The deposition must occur in the county where your boyfriend lives. If opposing counsel's office meets that requirement then the deposition can be held... View More

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.