Q&A

Your Questions, Answered

Here we have provided for you our answers to some of the most common questions our clients ask us about Florida family and estate planning laws. Please feel free to click through and see if we’ve answered your questions before, but if you find that you have more, don’t hesitate to contact us online or call us at (305) 690-0598 for more help.

Can the child support be sent to my sons instead of their mom?

No, The payments are for back support which means that it is for child support that should have been paid while the children were minors, but was not paid. This means that she spent her money or went into debt while the children were minors in order to care for them because she was not receiving the ordered child support from you at the time. Since this is a debt owed to mom, it cannot be paid to your sons unless she Read More

Can one parent claim abandonment even if that parent wont let you see the child?

The problem with this issue becomes how to prove that the other parent was not allowing you to see the child. It quickly becomes a he said she said whether the child was abandoned. That being said, a divorce does not have to be filed in order to obtain time sharing so the parent not being allowed access has to request court assistance as soon as possible in order to short circuit the abandonment argument. Read More

What rights do I have to my children if they have been temporarily removed from my custody in Florida by CPS?

You may need to seek at least a consultation with a dependency attorney in your area that can better explain to you what your rights and responsibilities are while in the system,. Otherwise, you just have to keep calling the public defender and the advocate until you get answers. Or bring up the issues you are having to the judge and see if they assist you. Read More

How do I handle parent not following a court ordered time share plan?

Changes to the order are not permitted unless both parents agree. That means if he wants less time your options are to a) agree, b) not agree and advise that he either takes whole weekend or no part of the weekend. But he can only return them early if you agree. Since this may create issues with your kids, it is possible that you may start denying him the shorter weekends in order not to be stuck having him return Read More

What is best motion to file regarding parental time share?

If your intent is to modify the schedule that he takes the children on or restrict his access based on his being homeless, you must file a Supplemental Petition for Modification of Time Sharing. This will allow you to indicate to the court what he substantial, unanticipated changes are that warrant a change in the time sharing schedule from the original Final Judgment. Read More

I just got served with a modification petition for increased child support, can I at the same time ask for more timesharing?

You would need to file your own Petition for Modification of Final Judgment in order to modify the time sharing arrangement that you currently have and that new arrangement being taken into consideration with regards to child support. Without you filing for modification, the court will simply recalculate child support based on the current income of both parties, including income from her inheritance, and the time Read More

Is the judge likely to grant a modification to lower the support payment amount?

The child support the is currently paying is pretty minimal, so I doubt he'll be able to get it lowered. You should consult with Child Support Enforcement in your area though as they provide free legal services for child support cases. Read More

How can I make sure my assets are bequeathed to the intended heir when I have no one to leave my will with?

Your attorney can hold your original will, the problem is that someone has to let the attorney know that you have passed away, You may need to consult with an attorney as there may be things you can do while alive that may prevent this issue from becoming a problem. Read More

I have a Domestic Relations case. What is an appropriate range of time for my attorney to submit court documents?

It depends on what it was he had to refile. Typically anything over 30 days or over the amount fo time granted in the order to refile. If you do not have confidence in the work that they are doing for you, it may be time to get a new attorney. Read More

How does having an attorney help in parental rights case?

The court treats all parents that come to family court as if they have the knowledge of an attorney and of all of the laws. Not having an attorney actually there for you means that you must then carry your case in the court as if you know all of the laws and procedures you must follow. Therefore, since your case is already at a disadvantage based on your prior history, your chances of overcoming that without an Read More