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Sabina Tomshinsky
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Sabina Tomshinsky’s Answers

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  • If you have a Will and Testament is it required by Florida law that you go through Probate if you have a legal Will & Testament?

    If you have a Will and Testament is it required by Florida law that you go through Probate if you have a legal Will & Testament? I have a Will and Testament. My mothers home was left to me and it's worth less than 56k. Having issue with mortgag...

    Sabina’s Answer

    Based on your inquiry, you should first deposit the will with the clerk of the court (see section 732.901, F.S.) and you should also have the death certificate without cause of death recorded in the County where your mother passed away. Provided the home that was left to you was your mother's homestead property, then at the very least a summary administration with homestead determination must be pursued. There could be a need for a formal administration where a personal representative would be appointed. Your mother probably was the one on the mortgage and the note and that is likely the reason why the mortgage company is not communicating with you. If you want to keep the home, mortgage payments should still be made to ensure that the home does not go into a foreclosure. You should really consult with a probate attorney to discuss your case further so that a determination can be made about the most appropriate course of action in your case. Good luck!

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  • Ex-Husband won't remove my name from Mortgage

    My divorce was finalized in February of 2014. In our marital settlement agreement my ex husband was given our home. In the agreement it states that he was to refinance and remove my name from the mortgage by June 2015. He has made zero effort to d...

    Sabina’s Answer

    You may want to consider filing a Motion for Civil Contempt/Enforcement and scheduling it for a hearing right away.

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  • How much alimony should I ask for?

    I have 2 kids, was a stay at home parent for 4 of the 5 years of our marriage and have enrolled in school full time. My ex makes $10,800/month. In the job I got recently I make $2200/month. I also stayed at home for the 4 yesrs preceding our marri...

    Sabina’s Answer

    I agree with the other responses and would like to add that among the primary considerations when alimony is involved is your need and your spouse's ability to pay support. Section 61.08 of the Florida Statutes provides how "[i]f the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors" that are enumerated in Section 61.08(2), Florida Statutes. So the first step would be to determine if you have a need for alimony. To do so, you would want to take a look at your income and your reasonable expenses. You should then be able to determine your need. However, there is no formula when it comes to calculating an alimony award. It would therefore be prudent to consult with an attorney about the specifics of your particular situation.

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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

    • Selected as best answer

    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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