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Sabina Tomshinsky
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Sabina Tomshinsky’s Answers

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  • My husband refuses to file a long form financial affidavit

    My husband completed a short form financial affidavit (under $50,000.00). His IRS filing showed he made $58,000.00, thus should have filed the long form financial affidavit (and he is hiding assets). How do I make him file the long form? I have as...

    Sabina’s Answer

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    It appears that you already did your best to obtain the long form affidavit on your own without taking this matter before the Court. I therefore suggest that you now consider filing a Motion to Compel and schedule a hearing on this Motion right away. You should reference in your Motion to Compel your good faith attempts to resolve this matter without bringing this issue before the Court and you should also attach those good faith documents as exhibits to your Motion. Quite often the mere filing of a Motion would get the other party to comply. Good luck!

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  • Daughter starts prek what are odds dad will get every weeknd since he moves and "won't be able to get her to and from school?

    I share 60 % he has 40% custody. I teach at an Elementary school 10 mins further than where my residence would be zoned for. Ex husband currently doesn't exercise responsibility for help raising her by : sends her home early and she sees him ever...

    Sabina’s Answer

    It appears that the current plan no longer works and so modification is something that should be considered. Section 61.13 (3) of the Florida Statutes provides how in modifying a parenting plan the best interest of the child is the primary consideration. This Section goes on to state how a determination of the best interests of the child is made by evaluating all of the factors (which are enumerated in Section 61.13) affecting the welfare and interests of the particular minor child and the circumstances of that family. Modifications are fact specific and so it would be prudent to consult with a family law attorney for further guidance specific to your case. All the best.

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  • If an ex spouse just stops paying alimony awarded from a divorce decree in FL, how can I enforce this?

    I wish I could survive without the alimony my ex agreed to pay me, but I can't. Per our divorce agreement he pays $2000/month (he is a pharmacist). He direct deposits in my checking from his paycheck twice a month. Last month his company merged c...

    Sabina’s Answer

    I agree with the previous responses. It appears that the filing of a Motion for Contempt/Enforcement would be appropriate here to bring your ex into compliance with the divorce decree. You may also want to consider modifying the decree to have your ex make the spousal support payments through an income deduction order rather than the direct deposits. Good luck.

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  • Do I have grounds to file a suit to have my new lease rescinded & cancelled?

    Upon move in we found no hot water, the washing machine flooded & needed replacement, there was rust inside the dryer, no shower door, & more issues. All the first day.There has to be some responsibility by the landlord not to defraud the paying ...

    Sabina’s Answer

    You should consider providing your Landlord with a 7 day notice pursuant to Section 83.56(1). Such 7 day notice may be issued if "the landlord materially fails to comply with [section] 83.51(1) [of the Florida Statutes which contains the Landlord's obligation to maintain the premises] or material provisions of the rental agreement." So if that is the case, "within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement."

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  • Do you have to have permission to move out of county with children in Florida. Ages 17/15 Father has not used visitation in 4 y

    Father has not used visitation in 4 years Moving from Marion county to palm beach county

    Sabina’s Answer

    I would only add that you would need the Father's permission and would be required to comply with the provisions of Section 61.13001 of the Florida Statutes (the Florida Relocation statute) if you currently have a parenting plan with time-sharing schedule. When there is a parenting plan in place, it typically requires you to comply with this Section which defines Relocation as "a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child." Section 61.13001(1)(e).
    However, if you were never married to the Father and no paternity action was ever commenced, and there is no parenting plan with time-sharing that was ever established, then you do not need the Father's permission to move. Good luck!

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  • Do I have recourse, and do I need a real estate attorney?

    In 2010 I signed a quit claim deed for my ex husband to refinance the house we owned to release me from the loan. He never refinanced and I am still on the loan but have no legal right to the property.

    Sabina’s Answer

    You may want to consider filing a Motion for Enforcement / Contempt and seek fees and other remedies as provided for in your final judgment of dissolution of marriage.

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  • How Do i go about getting joint child custody.

    Ex is fine with joint custody and I want to make it official and legal. In fact I have my 2 year old 5 nights a week and way more hours a week then she does. She averages 45 hrs a week and that includes sleeping time. Would love to have leg...

    Sabina’s Answer

    If you were divorced, then you should proceed with a supplemental petition to modify the parenting plan/time-sharing schedule, etc. and include with the petition the proposed parenting plan. If you are in agreement, you can both execute the proposed parenting plan but a supplemental petition would still have to be filed. The other party may then just respond with an Answer and Waiver and you can then schedule the cause for the final hearing. If you were never married to the mother of your child and no paternity action has been commenced, then "to make it official", a paternity action would have to be commenced where you would also submit your proposed parenting plan with time-sharing schedule. It would truly serve your interests to consult with a family law attorney in your area on the best course of action to pursue in you case. Good luck!

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  • My former spouse , wrote a holograph will, leaving me the small balance in bank account. Can we avoid probate?

    no children, no debts, no family members

    Sabina’s Answer

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    Generally, a bank account in the decedent's name only without a POD/TOD (paid on death/transfer on death) beneficiary is subject to at least a summary administration. As to the validity of a holographic will, the will must comply with Section 732.502 of the Florida Statutes, which specifically states how "[a] will in the testator’s handwriting that has been executed in accordance with subsection (1) [of Section 732.502] shall not be considered a holographic will." Otherwise, you would proceed under the laws of intestacy and based on the facts you provided, you, as the surviving spouse (and in the absence of any other living descendants), would be entitled to receive all of the decedent's probate estate. I also suggest that you consult with a probate attorney to ensure that all of your husband's final affairs are properly addressed.

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  • Dad just passed away how can I find out if he had a will

    Haven't spoke in 40 years

    Sabina’s Answer

    Pursuant to Section 732.901(1) of the Florida Statutes, "[t]he custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead." So you may want to contact the clerk of court for the county where your dad passed away to see if a will has been deposited.

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  • I am living in FL how difficult will it be to get a divorce if my husband returned to Mexico. I do have his current address.

    I moved here 12/19/2014

    Sabina’s Answer

    If you have been a Florida resident for at least 6 months prior to filing your petition for dissolution, then you can file and have your Husband served; however, serving your Husband in Mexico could make the process more complex. If your Husband agrees to waive formal service and/or signs an Answer and Waiver, it should be less complex than if he did not. You may also include a settlement proposal for your husband's consideration. A settlement proposal quite often expedites the resolution of all the issues as it provides both parties with an opportunity to engage in constructive dialogue and negotiate a mutually acceptable agreement. Good luck!

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