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Sabina Tomshinsky
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Sabina Tomshinsky’s Answers

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  • Can my ex-wife enroll our children in a private school and then demand that I pay half the tuition?

    My ex-wife and I have joint legal custody of our children, though she is the majority custodial parent (60% 40%). A couple months ago she informed me (didn't ask to discuss just informed me) that she was enrolling them in a private Christian schoo...

    Sabina’s Answer

    You should consider pursuing a contempt action against your ex-wife for making unilateral decisions regarding your children's schooling. You may also be able to pursue a modification action based on this unilateral act. It would truly serve your interests to consult with an attorney to strategize on the best course of action to pursue. All the best.

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  • How can I request information regarding my child health and education?

    I was just granted an order giving me the right to information regarding my child's education and health. What would be the proper way to request medical and school records?

    Sabina’s Answer

    By requesting that information directly from your child's medical providers (regarding your child's health) and from your child's school officials (regarding your child's academic progress). You should also take action to make sure that the medical providers and the school officials have your contact information and, as to your child's education, you should make sure that you are added to all the pertinent mailing lists so that you receive all the important and relevant updates.

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  • Where can I find the rules or law on property purchased after (or up to) the filing or the petition are no longer marital?

    Where can I find the rules or other governing laws that would apply to properties purchased after ( or only those owned/purchased up to) the filing of a Petition for Dissolution being marital or to subject equitable distribution?

    Sabina’s Answer

    You may want to review Section 61.075 of the Florida Statutes. Specifically, Section 61.075(6)(a) addresses marital assets and Section 61.075(b) addresses non-marital assets. Also, Section 61.075(7) states how "[t]he cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage."

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  • If I purchase an asset or property after my divorce trial but before the final judgement does that also become a marital asset?

    Provided I am able to comply with the equitable distribution and do so, if I purchase or obtain by gift an asset after my divorce trial but before the final judgement does that also become a marital asset or cause the the equitable distribution to...

    Sabina’s Answer

    No, it should not become a marital asset. The cut off date for the property to be considered a marital asset is the date the petition for dissolution is first filed. Also, although the final judgment would be prepared after the trial, it is effective as of the date of trial.

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  • How do i file a modification for child support and agreement enforcement?

    I want to modify child care, recently started a new higher income job and daycare expenses are high. My child's father isn't supportive, complains about payments, doesn't follow agreement with time share, makes his own time up, doesn't give me ...

    Sabina’s Answer

    I would just add that pursuant to Section 61.30(11)(c) of the Florida Statutes, "A parent’s failure to regularly exercise the time-sharing schedule set forth in the parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties not caused by the other parent which resulted in the adjustment of the amount of child support ... shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph is retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule." This section would be pertinent to your child support modification action. On the time-sharing matter, as part of seeking enforcement of your current time-sharing order, you should also pursue sanctions. It would be prudent to consult with an attorney on the specifics of moving forward. All the best.

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  • How long before I report my ex for child support?

    My ex was ordered to pay child support beginning June 1st. Nothing has been received yet. How long do I wait before I report this to the court? Or, is there another entity I report it to? I guess I'm asking what steps do I take and when do I take ...

    Sabina’s Answer

    I agree that you should pursue a Motion for Contempt/Enforcement and also request the entry of an income withholding order or that payments be made by direct deposit, depending on your ex's employment status.

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  • Can my sons father keep my son away from me if I wanted to come get him to live with me?

    My son is 4 years old & has lived with me since birth. My sons father moved out of the county (3 hours away from me) about a year & a half ago, but I would still allow my son to go up & be with his father for holidays lasting at times a month or t...

    Sabina’s Answer

    If you were never married to the father and no paternity action was ever commenced and there is no order addressing time-sharing, then by default you are presumed to have all the time-sharing and sole parental responsibility (decision-making authority over your child). If he refuses to release the child to you, you may call the police but they typically do not get involved in "civil" matters. You would then have to file an ER Verified Motion for Child Pick-Up Order. All the best.

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  • Will I be next of kin if my step-dad was not lucid at the time of my mothers death

    my mother passed away and her husband was medically termed as mentally altered he had aphasia from a stroke and I cared for him until his death 15 days later after my mother am I next of kin to her because he was not able to perform the duties th...

    Sabina’s Answer

    It depends on whether the property was their homestead property and on how the title was held to that property. If it was homestead property and title was just in your mother's name, then you would have an interest since the passing of your step-dad. If your step-dad was on the deed with your mother, then the property would pass to his heirs. As a general rule, pursuant to the Florida probate code, unless you are named a beneficiary under the decedent's will, stepchildren do not inherit from the decedent under the Florida's intestacy laws. So unless you were legally adopted by your step-dad, if there is no will, your step-dad's property would pass to his legal heirs as defined in Section 732.103 of the Florida Statutes. It would truly serve your interests to have a probate attorney review the deed(s) and other instruments so that a true determination of your interest, if any, could be made. All the best.

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  • How possible is it for the father of my daughter to get 50/50 custody

    My daughter is 15 months and has only ever lived with me. She has never spent a night away. Her father and I were never married. We have recently received our final order from the DOR for child support. A few days after receiving the order he fil...

    Sabina’s Answer

    It is not uncommon for a parent to seek a 50/50 time-sharing arrangement after child support is first established. However, that does not mean that he will get that relief. The status quo does carry great weight when time-sharing is at issue. You should also be aware that ultimately if an agreement cannot be reached on the parenting plan/time-sharing either informally or at mediation, then the Court would make that determination based on the best interests of the child standard. Section 61.13(3) of the Florida Statutes contains the factors that the Court must consider when fashioning a parenting plan.

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  • How can I ensure my alimony is fulfilled constantly???

    I am a divorced, disabled, citizen, and on my divorce decree, the judge, stated that a permanent, monthly, alimony, should be paid from my ex, but he is failing to fulfill this decree, how can I ensure he fulfills it???, thank you for your time, l...

    Sabina’s Answer

    You should pursue an action for contempt/enforcement of your final judgment of dissolution of marriage. You should also consider having the Court order your ex to pay the spousal support by income withholding order or direct deposit.

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