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Lusan Cristi Llabona
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Lusan Llabona’s Answers

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  • Can mother and I agree to lower child support without getting a court order? Do I then pay the new amount every month?

    The mother and I are trying to come to a fair agreement about travel and want to take child support into factor. If we both mutually agree that I pay 20$ less a month in child support, and have documentation of the mother agreeing to this, do I ne...

    Lusan’s Answer

    I agree with the prior responses. You should get a court order, so that there is no issue that you are paying what was agreed upon and what was approved by the Court. If you reached an agreement to deviate from the child support guidelines because of the additional cost in providing transportation expense to exercise time-sharing with the child, I think that is very reasonable and a good justification for deviation. I think that it is very likely that the Court will approve your agreement, if you file the child support guidelines that you used, and explain in your agreement the reason for the deviation. Having these matters set forth in a very clear way will always minimize and avoid problems and confusion in the future.

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  • What are my chances of being able to change my childs last name?

    I have sole legal and physical custudy, the father gets supervised visitation. The child is 5 years old. I married him but never took his last name and Never wanted this for my daughter but I was in an abusive relationship and scared of him so at ...

    Lusan’s Answer

    I agree with the previous responses. You would need to prove to the Court that it is in the best interest of the child to have her name changed. You will need to provide your ex notice of the proceeding. If he challenges it, I am not optimistic that the Court will grant your request for a name change. The Judge may likely find that it is not in the child's best interest to have her name changed.

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  • Payment child support and agreed upon child's expenses (MSA) between date motion to modify and actual hearing for modification

    former husband (fh) is 9 months behind on child support and agreed on expenses (per MSA) for minor child with special needs. fh filed a motion to modify due to increased expenses (new marriage, 3 step kids, etc) despite 25% of increase in his inco...

    Lusan’s Answer

    I am not sure that I completely understand your question. The fact that the father has new expenses such as step-kids and new wife, is not going to be a substantial change of circumstances. The fact that he lost his job (especially if it was involuntarily) may be a substantial change to warrant a change in support. Did he plead in his Petition that the change was the loss of his job? If so, the reduction in support (if the court so orders it) would be retroactive to the date that he filed his Petition for Modification.

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  • Can a father be granted custody after being absent?

    My question is if a father that has not been around since day one can be awarded custody. My daughter is 3 years old and has no relationship what so ever with her father. He also is not on the birth certificate, and is in and out of jail for dui's...

    Lusan’s Answer

    If he files a Petition for Paternity to assert his parental rights and have time-sharing with your daughter, you will have to file a response. Based on your concerns, you may want that the Court order supervised contact with your daughter. However, the Court will not impose restrictions on his contact unless you have evidence that your daughter will be in danger unless safeguards are ordered. The Court will evaluate various factors set forth in Section 61.13, Florida Statutes to establish a Parenting Plan with a time-sharing schedule which is in your daughter's best interest. "Custody" is an outdated term in Florida, as neither party gets custody. Instead, both parties will share time with the child. That time-sharing the Court can impose can range anywhere from the child residing primarily with you, and having specific dates or times for her to spend with her father, to the child residing equally with both parents. The Court will establish specifically when the child will be with each parent during the regular school year, as well as during holidays and breaks from school. Based on the information you provided, I would be very surprised if the Court determines that it is in the child's best interest for her to reside primarily with her father.

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  • How can I keep him from getting any type of custody?

    I am a married mother of 3 children, my husband is on the birth certificate for each child. We currently live seperate and I had been dating someone else on and off prior to becoming pregnant. The youngest of my 3 is most likely this other mans. ...

    Lusan’s Answer

    If your ex-boyfriend files a Petition for Paternity, he will need to serve both you and your husband with the Petition, as your husband is considered the child's legal father. His failure to include your husband in the paternity case could be grounds for dismissal. Further, it may be that even if he serves both you and your husband, the Court will need to determine if it is in the child's best interest for the child's legitimacy to be questioned by allowing a paternity test to be performed. Oftentimes, the recommendation of a guardian ad litem may be necessary to authorize such paternity testing of a child born during a marriage.

    At this point, your ex boyfriend does not have any legal rights as he has not been legally recognized as the child's father. Should he want to exert his rights legally, I strongly recommend that you retain the services of an attorney to defend against a petition for paternity.

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  • My brother is threatning me over the phone to come to florida from a nother state and cause bodily harm what do i do

    I have a brother who i guess i pissed of at me for some reason and threatned me over the phone to come to tampa and cause bodily harm what do i do

    Lusan’s Answer

    You can alert law enforcement. If he actually comes to Florida and assaults you or makes threats to hurt you, you can file a Petition for Domestic Violence and ask the Court to enjoin him from having any contact with you. That may be a bit extreme, but if you are really in fear for your safety, and he threatens to hurt you and/or actually physically causes you harm, you may need to resort to an injunction for your protection.

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  • What is a reasonable time for exchange during the summer when there is no school or daycare? Plan is very unclear

    My plan states "the father shall have time sharing every Wednesday overnight, picking up the children from school/daycare, every Thursday from after school/daycare until 8:00pm. The Father shall also have timesharing every other weekend from Frid...

    Lusan’s Answer

    I think it is reasonable to set up a time for exchange when the parents are available (and not working). Perhaps to maintain consistency, you will want to choose a time in the morning (on your way to work), or perhaps a time in the afternoon (after work). Whichever time is chosen should be consistent throughout the summer as much as possible, to avoid misunderstandings and instability.

    Good luck.

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  • Do I need to let the other parent know I am taking the child out of the country?

    We were never married, and the only court order I have is to apply for the passport of my daughter, which I already have, and also to travel internationally with her. This is was given to me after a hearing, and he was present. The father has appl...

    Lusan’s Answer

    If a Court order does not specifically order that you provide him an itinerary of your trip abroad, I do not see that you are violating any court order or law by not providing him the information. However, this does not mean that you should withhold the information, just because you were not court ordered to do it. You are both the parents of the child. The Court will adjudicate the father's parental rights and his time-sharing. I am assuming that once that happens, and he exercising his time-sharing, you would want to know if your daughter is traveling out of state or out of the country with him. To me, it is common sense that both parties would let the other know (for any type of emergency) when the child is traveling.

    If you fail to tell him, also assume that this issue will later come up in court at a later proceeding. Do you really want to explain to the judge why you did not tell him that the child was traveling out of the country for a two week period? The Court may not look favorable at that.

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  • Currently orders to pay support. Am I able to prepay without penalty?

    My ex has is having a little trouble with their living arrangements and does not have the means to put money down for a new residence. I do not want to loan the money but would rather prepay (X) amount of months in advance so she'd have the money....

    Lusan’s Answer

    I do not often hear about someone wanting to prepay child support. Usually it is the other way around. So this is refreshing. I can appreciate your nice gesture to help out your ex. I would caution you to be careful. Your best bet is to get an agreement and have it court approved, so that there is no issue and no question about what you are doing and how you are doing it. If you don't want to have a formal agreement (which again I encourage you to do), DO NOT pay cash. Any payments should be by check (preferably) so that you can put in the Memo part of the check "Child Support" and the months for which you are prepaying. I also would want you to get a receipt from her (at the same time you give her the money) in which she acknowledges that the funds are a prepayment for child support for the specific period of time for the prepayment.

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  • How do I go about taking on child support in Florida for their unfair and unjust ways

    I live in West Virginia my ex lives in Florida. My take home pay is roughly 3000$ a month and I have a baby that will be here at the beginning of November. I had child support for my daughter in Florida set at almost 800$ a month plus the medical ...

    Lusan’s Answer

    I need more information to answer your question properly. I would assume that child support was established in Florida. When it was established, was the child in daycare? If so, what was the daycare expense? When the child support was established, what was the amount you paid in health insurance for your daughter? What is it now? What was your income then? What is it now? Was the child's mother working? If so, how much did she earn when the child support was calculated? How much does she earn now? The answers to all of these questions will help you determine if there has been a substantial change of circumstances which would warrant you filing a Petition for Modification to reduce your child support. The Court will not take into account in Florida the fact that you will have a new child, but the Court will make a determination of whether there has been a substantial change of circumstances based on the parties incomes, health insurance premiums, daycare expense, time-sharing, etc. to reduce the child support. I understand your frustration. Our legal system is not perfect. I would encourage you to hire an attorney knowledgeable in the area of family law if you are going to proceed with a modification.

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