Tina Leah Lewert’s Answers

Tina Leah Lewert

Boca Raton Family Law Attorney.

Contributor Level 7
  1. How do I get my ex husband to follow the visitation order? He shows up unannounced at my home to see them on avg. 2 times wk.

    Answered about 1 year ago.

    1. Tina Leah Lewert
    2. Carin Manders Constantine
    3. Ophelia Genarina Bernal-Mora
    4. Maureen Elizabeth Haas
    5. William Charles Rosenfelt
    5 lawyer answers

    You have a couple options here. You could file a Motion for Contempt/Enforcement, asking the court to hold him to exactly what the timesharing schedule says and asking for sanctions, possibly in the form of paying your legal fees. The parenting statute states that a parent may be held in contempt and lists sanctions for the parent's failure to abide by a court-ordered timesharing schedule. You could also ask the court to order/appoint a parenting coordinator, who can assist with day to day...

    6 lawyers agreed with this answer

  2. Can my wife's counsel issue a subpoena before the 10 days are up after the notice was filed?

    Answered about 1 year ago.

    1. Ophelia Genarina Bernal-Mora
    2. Tina Leah Lewert
    3. William Charles Rosenfelt
    4. John Arthur Smitten
    4 lawyer answers

    You are entitled to the 10 days' notice so that you have the opportunity to object within those 10 days BEFORE the subpoena is issued. This is unless you agreed to waive the 10 days, which is something we attorneys sometimes ask of one another, but it does not sound like you agreed here to do that. You can file a motion to quash subpoena based on the attorney's failure to follow the rules, set it for hearing before the judge and argue the motion.

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  3. I live in Florida. I have been married 4 years. I have a 3year old who's father is my husband. He was previously divorced & his

    Answered about 2 years ago.

    1. Tina Leah Lewert
    1 lawyer answer

    You should re-tag this question as one for an estate planning attorney or wills and trusts. There are laws about how property passes and to whom when someone dies without a will in Florida, but you should obtain advice about this immediately from an attorney practicing in those areas of law.

    5 lawyers agreed with this answer

  4. What if I do not have proof that I paid for child care when I go to court?

    Answered about 1 year ago.

    1. William Charles Rosenfelt
    2. Ophelia Genarina Bernal-Mora
    3. Tina Leah Lewert
    4. Carin Manders Constantine
    5. Vance Tate Davis
    5 lawyer answers

    The most reliable source of this information would be the testimony of a person from the daycare who has personal knowledge that you paid, or actually has the records and can bring them to court and authenticate them.

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  5. Can my ex-Wife now say that the child support that I have been paying does not cover primary education tuition?

    Answered about 2 years ago.

    1. Tina Leah Lewert
    2. Veronica Semino
    2 lawyer answers

    Is the tuition you're referring to for private school? If there is no written agreement on this, then technically no one is obligated to pay. However, she may choose to file a Motion with the court seeking to compel you to continue paying if you have traditionally paid for the cost of tuition and she seeks to continue the child's education at the private school. This would be a "best interests of the child" determination for the court. Your counter argument would likely be that the cost is...

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  6. Question .. if i file for dissolution of marriage on my own, can i later decide to seek legal assistance

    Answered about 2 years ago.

    1. Veronica Semino
    2. Tina Leah Lewert
    3. David Taylor Kaye
    4. Joshua Eli Adams
    4 lawyer answers

    Absolutely. I see parties do this sometimes in an effort to save money on legal fees. However, I agree with Attorney Semino - be cautious about doing this, particularly if you have complex issues which should be plead a certain way in your petition. If its not done properly so as to preserve your legal claims and properly set forth your causes of action, the lawyer you hire later may have to amend your petition anyway, or "fix" other procedural elements of the case.

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  7. Can i reapply in family court for custody now that the dependency court has closed its case?

    Answered about 1 year ago.

    1. Tina Leah Lewert
    2. Ophelia Genarina Bernal-Mora
    3. Carin Manders Constantine
    3 lawyer answers

    No, sorry. They would likely just assign the family court case to the same judge and/or consolidate the cases due to something called "Unified Family Court". Either that or your petition in family court would be subject to a motion to dismiss based on a doctrine in the law known as "res judicata" which means that the issue has already been heard and determined and cannot be re-litigated.

    4 lawyers agreed with this answer

  8. Can we get rid of our lawyers, and set the terms of our divorce?

    Answered about 2 years ago.

    1. Veronica Semino
    2. Tina Leah Lewert
    3. Lawrence Joseph Marraffino
    4. Terry Anne Buchanan Esq.
    4 lawyer answers

    I agree. However, know that one attorney cannot represent you both in a divorce.

    4 lawyers agreed with this answer

  9. If I divorce my husband and he won't or can't get a job to support himself, is that a consideration in awarding custody?

    Answered about 1 year ago.

    1. Robert M Chambers
    2. William Charles Rosenfelt
    3. Reid A Seino
    4. Tina Leah Lewert
    4 lawyer answers

    The court can certainly consider this, but unless he's voluntarily underemployed and chooses not to work, the court may not impute a lot of income to him. If you make considerably more income than he does or is capable of earning, you may have to pay him some child support. In any event, the court will want to maximize the child's time with both parents so long as that is in the best interests of the child.

    3 lawyers agreed with this answer

  10. My divorce was just final 2 weeks ago. But I settled for far less. I was trying to be nice. We were only married 22 months,

    Answered about 2 years ago.

    1. Tina Leah Lewert
    2. Diane Lynn Paull
    2 lawyer answers

    Probably not. The only way you could get out of the agreement you entered into is if you could prove that you were forced to sign it, and that you did not sign it freely and voluntarily. The law allows us to make bad deals, and to enter into a contract which may be a "bad bargain". The case law is clear - if a bad bargain is entered into freely and voluntarily, it must be upheld. Wish I had better news for you.

    3 lawyers agreed with this answer