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Florida Child Support Questions & Answers
0 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: How to handle incorrect income estimate by Asume for child support?

My husband requested a modification for a child support order through Asume in Puerto Rico for our nearly 19-year-old child while we are in the process of getting a divorce. Despite him providing only his income information, Asume increased his payment to three times the original amount, using an... View More

0 Answers | Asked in Child Support and Family Law for Florida on
Q: Options after child support modification denial due to financial hardship.

I requested a child support modification, which was denied despite my financial hardship. Since the initial support order, I've experienced a major pay decrease of 50% as of July 27, 2024, and had a baby on October 27, 2024. Given these changes, what options do I have now to address the denial?

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for Florida on
Q: Options for dismissing ex's custody petition due to non-compliance and lack of contact with son.

I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Can child support be modified in FL/TX before resolution in IN?

I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a... View More

0 Answers | Asked in Family Law and Child Support for Florida on
Q: If I live with my wife’s family and her brother got dcf called on his son does that have anything to do with my family?

I have two kids with my family and her brother got dcf called on his son.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How to file emergency custody for son's kids without birth certificates?

I want to file for emergency custody for my son's two children on his behalf. He pays child support and is supposed to have visitation rights every other weekend. The children's mother was recently arrested for aggravated child abuse involving her other children from a different... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 26, 2025

If your son is paying court ordered child support then paternity has already been established. It is your son who will need to go to court. Speak with a local family lawyer who offers free consultations for more specific advice.

2 Answers | Asked in Collections and Child Support for Florida on
Q: Can I seek exemption from wage garnishment in FL due to financial hardship?

I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 25, 2025

While there is a legal limit on how much they can garnish per pay period, you probably cannot get an exemption. You would need to speak directly with the attorney that is pursuing the wage garnishment to see if you can work something out. Speak with a debt defense lawyer for more specific advice.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Can I get in trouble for not paying child support due to homelessness and no income?

My son's father and I were together for 12 years, and after we separated, I had nowhere to live, becoming homeless. I allowed my son to stay with his father, who promised not to file for child support until I got back on my feet. However, I am now receiving legal papers about child support and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 17, 2025

The court will expect you to be making your best efforts to earn money at least at a minimum wage job. Definitely respond to the legal papers. You will have an opportunity to explain to the court your situation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: The court reserved jurisdiction on child support in Florida, after my exes motion to relocate was denied.

In the original dissolution my ex and I had 50/50 time sharing. She filed a motion to relocate with the kids and it was denied and I was given majority custody as she had already moved. I was paying her $450 a month in the 50/50 situation. This was about 3 years ago. A ruling on child support never... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 23, 2025

If you had majority custody after her move and there was no ruling on child support after the custody change, your ex-wife would not have grounds to pursue back child support for this period because child support obligations would normally align with the custody arrangement. Consult with a lawyer... View More

3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: I’m going through a divorce after 15 years of marriage, and I have some questions about how to navigate it.

Custody and Support:

We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 20, 2025

While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More

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1 Answer | Asked in Child Support for Florida on
Q: she makes 26,600 a month i make 4500 a month Does the extra 5% for income over $10K apply to my case? in Florida,
Joe Benson
Joe Benson
answered on Jan 20, 2025

I need a bit more information on what you are trying to determine. What do you mean the extra 5% for income over 10K applying to your case? Has child support (CS) been determined by the courts? If so, then any substantial change in circumstances (financial in your case) would be grounds for... View More

4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Nolegal child custody established. Child lives with father full time and ex lives in canada. Need travel consent w/o ex

Father and child lives in the US and ex lives in Canada. Ex filed the divorce back in 2018 in Canada but since the child is living with father, Canadian court proceeded with divorce only as they do not have the jurisdiction over the child. She does not pay for a dime or child support as directed by... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 27, 2024

If you have or can get a certified copy of the Canadian divorce decree you can domesticate it (file with your local court and ask them to recognize it). Depending on the exact language regarding the child you may need to file a motion as well asking for sole parental responsibility and authority to... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: 2 yrs ago my wife filled in NJ, we both now live in Florida-case still open. Is FL or NJ better for child support?

We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 17, 2024

If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’m in a custody battle with my child’s father. I currently have a boyfriend and would like to move in with him

He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2024

The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More

1 Answer | Asked in Child Support and Probate for Florida on
Q: When I sell my dad home he's deceased. Can child support in NY take areas owed by my brother and it affect my 50%.

Can my brother also sign a document giving me total 100%

James Clifton
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James Clifton
answered on Dec 5, 2024

Child support services cannot take your portion of the inheritance. If it is not too late, your brother can renounce his portion of the inheritance leaving you as the only owner of the property. In that case, child support services would have nothing to go after. A renunciation needs to be filed... View More

1 Answer | Asked in Child Support for Florida on
Q: Filing for child support but know his income what do I write down
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 26, 2024

You do not need to provide a specific income for the other party. Once the case is filed both parties are obligated to provide proof of income. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: With Florida statute 61.1255 codifying adult disabled child support, would this be family law of guardianship?

I've tried asking a family law lawyer who said since the child is above 18, it becomes a guardianship issue. They gave me 3 guardianship lawyers. I called two and both said it would be family law. So I went to the FL child support website and called their number. They said child support is... View More

Kay-Ann  Waite
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Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

Generally child support issues fall within family law. However a case related to the disabled child must be filed before the age of 18 for the family law courts to have jurisdiction over the matter beyond the age of majority. So the question is, was there ever a case that was initiated that child... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: The father of my wife’s kids does not reimburse for medical expenses etc as set forth in the parenting plan.

He also takes them out of the state of Florida without notifying her of where they’re going, length of visit, etc..She is the majority parent but be always skirts the rules. What can be done about this?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 18, 2024

Your remedy is to return to court on a motion for enforcement and contempt. Unfortunately it is hard to prove these issues and there is not much that the court can do other than reprimand the violating parent. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I have a disagreement with the mother of my child. She demands that I pay her money for expenses related to our child

At this point in time we are in family court and as of yet I have not been ordered to pay child support. I am responsible for paying recurring expenses such as child care and medical expenses. She wants me to stop doing so and send her the money so that she may do so directly.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2024

You do not mention if there is a court order or not. If there is a court order then you should do what it says. If not, how ever you choose to provide money, make sure that you keep clear records of the date and how much you paid. Without a court order, you decide what and how to pay. Speak with a... View More

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