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Florida Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Florida on
Q: My kids are in back in my care why am I still paying
Ira Markowitz
Ira Markowitz
answered on Oct 22, 2023

Have you filed a Motion For Modification of child support based on the current time sharing arrangements?

The date of filing the motion is the date the modification would be retroactive after a hearing or modification agreement though if reached through agreement can vary.

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Does Childtime sharing start before paperwork is signed by a judge?

As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our... View More

Rand Scott Lieber
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answered on Oct 19, 2023

Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is there anything that can be done to have old child support purge orders dropped?

My husband was arrested on 4, 3-4 year old arrest orders for child support purges. He is current on payments at this time as it has been getting taken out of his paychecks for atleast 5 years. We can not afford the purge amount or for him to serve the time in jail.

T. Augustus Claus
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answered on Oct 16, 2023

Yes, there may be something that can be done to have old child support purge orders dropped in Florida. You can pay the purge amount, file a motion to modify the purge order, or file a motion to quash the arrest warrant. For personalized legal advice tailored to your unique circumstances, it's... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Florida on
Q: Is there anyway I can fully protect all my assets if I married someone with two children ?

They were never married, only had twins. I believe she will as for child support after we are married. Is there anyway to protect myself at all or should we not get married?

Rand Scott Lieber
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answered on Oct 11, 2023

Unless you legally adopt the children you will have no legal obligation to them, child support or otherwise. As far as protections with your potential spouse, you can enter into a prenuptial agreement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I need help with Civil contempt of court for back child support. Can I fight this?

In 05 I was ordered to pay almost $1k a month in child support. I changed jobs and filed a modification. the children’s mother heard about this and moved and never gave the state her new address. her D.L address doesn’t match her residence. all modification were denied as the state can’t... View More

Rand Scott Lieber
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answered on Oct 3, 2023

Although it is possible, generally payors do not go to jail for not paying child support. If you are ordered to pay a specific amount and you have that amount in your possession (bank account, etc.) then you can be ordered to pay by a certain time or be jailed. This is called you having the keys to... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I had my boys since young until grown Why do I have to pay child support when she never even raised them?

They only visited her maybe once a year or every other year but I should not be obligated to pay her. Should have she paid child support to me or my mom since we had them, not knowing the laws how could have we known what to do.

Rand Scott Lieber
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answered on Oct 3, 2023

Why do you think that you need to pay child support? If there is a court order that says that you need to pay child support then you need to file a motion with the court that issued the order explaining that the children have lived with you. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How can I find a pro Bono atty for child support and custody matters when there is need for a motion for contempt?

My children have missed their prescribed weekend with me three times in the last 2 months. I believe this makes it necessary to file for her to be held in contempt. She also started working recently, as she was formerly on disability, so I need to renegotiate child support as well.

T. Augustus Claus
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answered on Sep 18, 2023

To find pro bono legal assistance for child support and custody matters in Florida, you can start by reaching out to local legal aid organizations, the Florida Bar Association's pro bono program, and nearby law schools that may have clinics or programs offering free legal services.... View More

2 Answers | Asked in Family Law and Child Support for Florida on
Q: In FL will they ask for bank statements or can I just show my paystubs?

I want to modify my child support because I’m not making nearly as much as I once was. The other side said they’re going to request my bank statements. I occasionally have family send me money through it when I can’t afford things, will that affect it? I’m struggling to pay the amount... View More

Rand Scott Lieber
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answered on Sep 7, 2023

Child support is based on your income, which you can prove with pay stubs if you are a W-2 employee. As long as the loans from your family are not regular (emergency only) then they should not count towards your income. However, you may have to show the bank statements to prove that. Speak with a... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How to set up child custody while married?

I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?

Rand Scott Lieber
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answered on Aug 30, 2023

The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am in Hillsborough county and I am currently separated from my legal husband and I have a child with someone else.

I need to establish paternity with the other man and seek child support because my husband was automatically put on her birth certificate

Rand Scott Lieber
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answered on Aug 14, 2023

Your husband is the "legal" father and is responsible for child support unless the other father comes forward voluntarily. At that point you cold file a petition to disestablish paternity and switch the responsibility from your husband, the "legal" father, to the biological... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I modify a Marriage Settlement Agreement when the Divorce is not finalized.

My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.

Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More

Rand Scott Lieber
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answered on Aug 8, 2023

Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I modify a Marriage Settlement Agreement when the Divorce is not finalized.

My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.

Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More

Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

Additional facts are necessary to determine the feasibility of proceeding with the entry of the final judgment. Factors to consider include the new law, distance between the parties' residences, income of the parties, and whether there are facts indicating that even two overnights per week... View More

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2 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex wife get any kind of alimony even though it was waived when our divorce was final?

We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 3, 2023

She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.

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2 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex wife get any kind of alimony even though it was waived when our divorce was final?

We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More

Rand Scott Lieber
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answered on Aug 7, 2023

If your final judgment says that alimony was waived then that cannot be undone. Child support, on the other hand, is modifiable until the children emancipate. She could return to court to recalculate child support based on your new income. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Will I have to pay child support if I agreed 50/50 joint custody with other parent on martial settlement?

I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More

Rand Scott Lieber
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answered on Jul 17, 2023

Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Florida on
Q: What form do I file after receiving and wanting to contest an "urgent motion for temporary parenting plan"

I am the petitioner and I have petitioned the court to establish paternity and other related relief, however, the father has hired an attorney (I am pro se) and the father wants time-sharing and has declared to be the Father but I want a paternity first. I don't know what form to file to... View More

Rand Scott Lieber
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answered on Jul 15, 2023

If it was not in your initial pleading, file a motion for DNA testing. If you filed saying that he is the father and his answer admits that he is the father then paternity is established. You can ask the court for a partial final judgment of paternity. Speak with a local family attorney for more... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Does florida have reciprocity with Haiti, when it comes to child support orders?

Childs father may have been deported back to Haiti from florida

Rand Scott Lieber
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answered on Jul 14, 2023

A Florida child support order is enforceable on the father wherever he is. However, you would need to engage a lawyer in Haiti to pursue the father and answer the legal issue of whether it can be legally enforced in Haiti. In Florida, the child support owed would accrue like any other debt. The... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What is the legally enforceable amount of child support for this case in FL?

Marital Settlement Agreement and Petition for Dissolution both listed $750/month child support per child (2 children), $1500 total/mo. This was agreed upon by both parties, and was greater than the amount calculated in the state monthly payment guidelines calculator (approx $900/mo).

The... View More

Rand Scott Lieber
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answered on Jul 10, 2023

The marital settlement agreement, once signed, is a binding contract between the parties. It remains in force until a party moves to modify it. Statements in the final judgment do not generally change the marital settlement agreement. You need to show your documents to a local family lawyer for a... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Have a current court agreement of 60/40. Father told me out of no where that he moved 2 hours out of the city & changed

Schedule. I don’t mind that he moved but there was no communication about this and now he requested less days with her. And I am still receiving the same amount of money from him.

Rand Scott Lieber
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answered on Jul 10, 2023

Child support is modifiable until the child emancipates. If you agree to the new schedule then you should get it in writing. You can either agree on a new child support number or return to court for a modification based on the new schedule and your current incomes. Speak with a local family lawyer... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If a person (father) is homeless, does he still have to pay child support in Florida?

Father is completely homeless, sleeping in the street and does not even have a car. He is paying child support plus arrears. He would have to move out of state with family in order to secure housing, at least temporarily. If he moves, or takes time off from his job to establish living arrangements,... View More

T. Augustus Claus
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answered on Jul 3, 2023

Child support obligations are typically based on the non-custodial parent's income and ability to pay, rather than their housing situation. However, if the father's homelessness or lack of income significantly affects his ability to meet his child support obligations, he may be able to... View More

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