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COVID-19 Florida Questions & Answers
2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... View More

Rand Scott Lieber
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answered on Jan 19, 2021

You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Kevin D. Slattery
Kevin D. Slattery
answered on Jan 19, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Motion for an extension due COVID 19

The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2021

The first step is to ask the other side to agree to a later date. If they agree, the problem is solved.

If they don't agree, and the other side goes ahead and notices the hearing, your husband would need to file a motion for continuance (postponement) of the hearing, and, if...
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2 Answers | Asked in Civil Litigation for Florida on
Q: Motion for Enlarged Extension?

I had a special set hearing scheduled and the plaintiff filed a motion for an enlarged extension of time due to COVID 19. Can I make the plaintiff produce medical documentation if I believe they are lying and just attempting to delay the hearing?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 12, 2021

No. Teaching opportunity: The last thing any court wants to see in pro se litigation are pro se litigants expanding

very simple disputes into major litigation. You are trying to do something that (a) is not helpful to your case; (b) does not matter; and (c) might anger the judge. You can...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord/tenant question

I am a landlord on a month to month lease agreement with a tenant that states she or I have to give 30 days notice to terminate the lease. She recently painted my home without my approval. I expressed my dismay to her, and told her she should have received my permission, first. She promptly cursed... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 3, 2021

Yes, but you must give her proper notice. You should probably consult with a lawyer to make certain things are done correctly. Screw this up, and you could be looking at paying her attorney's fees as well as not being able to get rid of her. If you are in the business of renting property,... View More

1 Answer | Asked in Child Support for Florida on
Q: My sons father is supposed to pay child support, hes running a non profit organization with about 12 people and works.

He is telling child support that he cant work because of the pandemic and so they reinstated his license. But goes on vacations and leaves the state often. How can I get my child support if he is able to work.

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Dec 31, 2020

You have to be able to prove that he is working, or that he is spending money on vacations and trips so that the court can calculate the income he has based on the amounts of money he is spending. If you are only having hearings in child support enforcement court, you must remember that the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord told us on Christmas eve that our rent would increase the next month by 100 dollars he told us verbally

We did not recieve anything in writing he told me that i didnt get the memo..is that legal with the pandemic going on mind you i have never missed a payment and have not signed a new lease in 2 yrs

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 30, 2020

Unless you have a current written lease your landlord can increase the rent at any time. They may no be able to evict you because of the Covid-19 situation; however, Covid-19 does not prevent rent increases.

2 Answers | Asked in Immigration Law for Florida on
Q: Visa extension denied, assuming that we get a NTA, can we take voluntary departure before the court hearing?

Hi,

We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... View More

Ana S. Mendieta
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Ana S. Mendieta
answered on Dec 18, 2020

Assuming you get an NTA and a Notice of Hearing before an Immigration Judge, and you can provide for your transportation and fulfil the requirements as required by law [INA § 240B(a)], then the Immigration Judge may grant you a voluntary departure period of not more than 120 days from the time of... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Mario Musil
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Mario Musil
answered on Dec 10, 2020

Yes, fiance visas are being processed even during the pandemic. There are delays with interviews, but you can get the process started.

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2 Answers | Asked in Criminal Law for Florida on
Q: Last October my son was arrested for battery and still going to court. The person who accused him has not been to court

And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Dec 5, 2020

Your son’s problem is the new arrest while out on bond. That’s why he can’t bond out. The new arrest reveals nothing about the first arrest. Either the witness who moved out of state shows up for trial or not. Depending on Covid it might be quite some time before a trial is started. Whether... View More

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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... View More

1 Answer | Asked in Employment Law for Florida on
Q: I work for a private doctor's office. The Dr. is requiring the staff to get tested for covid weekly on our own time.

Now they are requiring covid test results twice a week and we are not being compensated for the time we are taking to drive to test site, wait in line, take the covid test and wait for results. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 19, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to give definitive answers to the scores of questions being posted by askers about the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord in FL charge late fees during covid 19 pandemic? If not when is no late fee period?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2020

Yes, a landlord can charge late fees. Covid restrictions on the landlord do not prevent late fees; you are expected to pay your rent on time.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be evicted if Management filed holdover due to lease expired and owner emailed me and said I could stay to Dec.

My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 17, 2020

1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.

2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.

3. Unless...
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2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Can I get a refund on a cancelled vacation rental property?

We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Nov 16, 2020

This is a great question.

And actually the answer is simple.

Did the seller of the service perform? No.

Did you prevent the seller from performing? No.

Did you pay for a service and not receive it? Yes.

You are entitled to a full refund.

It gets...
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1 Answer | Asked in Consumer Law and Estate Planning for Florida on
Q: My mother had 5 beneficiaries on her annuity she made me power of attorney specifically to remove 3 of those beneficiari

From her annuity leaving me and my sister Do I have the power as POA to remove individuals requested by my mother She could not sign the papers herself changing beneficiary because of the coronavirus which she died from And because access to her was restricted she gave me power of attorney to take... View More

Steven J. Fromm
Steven J. Fromm
answered on Nov 15, 2020

If you have not had any luck with the insurance company, your next step is to hire an estate attorney to talk to their legal department. If that does not help, then the insurance company will file most likely file an "interpleader" and turn the proceeds over to the court, to have them... View More

2 Answers | Asked in Business Law for Florida on
Q: Can I require my mini-storage customers to use auto-pay?

As a Mini-storage owner can I legally require my new and existing renters to be set up on auto-pay due to the imminent possibility of new lock-downs and Covid restrictions?

Keith Kanouse
Keith Kanouse
answered on Nov 13, 2020

You will have to revise your current agreement to add auto-pay for future customers. For current customer the terms of the current agreement will have to be reviewed.

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1 Answer | Asked in Civil Rights for Florida on
Q: I have been denied medical care because I refuse to wear a mask and get temperature taken. Can someone help?
Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2020

As far as legal help, no. The medical provider is legally entitled to protect its staff and other patients from potential Covid carriers, which is most of the population. Also, even when there's no Covid, the first thing done by medical staff is to take your temperature and other vitals,... View More

1 Answer | Asked in Employment Law for Florida on
Q: If a worker is fired for asking employer to follow CDC guidelines for COVID-19 is there a case?

My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... View More

Jay P. Lechner
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Jay P. Lechner
answered on Oct 22, 2020

Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer enforce its employees to get flu shots?

From my understanding, in the past, my brother-in-law's employer (a medical group purchasing and supply chain services company) required their employees to get flu shots but did not enforce it. He hasn't had a flu shot in years because the last couple of times when one was administered... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 22, 2020

The good news first: There is Florida or federal no law that allows employers to mandate flu shots for all employees.

However (the bad news): There is no Florida or federal law that forbids employers from requiring flu shots for all employees--unless that requirement of employment in any...
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