I am also a stage 4 cancer patient with two children living with me ages 16 and 14
answered on Feb 9, 2024
The creditor is entitled to a garnishment. In Florida, the debtor has exemptions to the garnishment action, which the debtor must declare and prove at a hearing on those exemptions. If a garnishment action is filed, the action is directed to the debtor's employer, who must immediately withhold... View More
We had mediation for time sharing and child support my income was more than half less than what mediator put I vacated the order.
answered on Feb 8, 2024
Both parties are required to follow any court orders that are in place. If you had the child support order set aside then there is no specific obligation. However, when child support is established there will be a retroactive component owed. Speak with a local family lawyer for more specific advice.
Fill out and what does procedure for filing it
answered on Feb 7, 2024
You need a written agreement from your former spouse waiving the outstanding balance. Then you can file the agreement with a motion to terminate child support. You need to file with the court that issued your current child support order. Speak with a local family lawyer for more specific advice.
Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?
answered on Feb 5, 2024
Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice
Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More
answered on Feb 5, 2024
Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More
My son 22 male and his girlfriend have know of this and just informed me as well as my daughter the child in question to receive the child support what should i do? i live in jacksonville florida.
answered on Feb 3, 2024
Even though one parent has a child support obligation to the other, they cannot control what the money is spent on. As long as the child is properly taken care of there is nothing to be done. Speak with a local family lawyer for more specific advice.
answered on Jan 30, 2024
You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More
My stepdaughter has been living with my husband (her father) and I for over a year in the States. We have been paying the child support this entire time and mom has been keeping it. How do we go about stopping the payments?
answered on Jan 12, 2024
You need to file a motion with the court that issued the child support order letting them know that the child now lives with you. Speak with a local family lawyer for more specific advice.
Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More
answered on Jan 8, 2024
It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More
She just finished aesthetician school and states she is only making $12,000 a year versus our agreement is based off for making 45 which is what an aesthetician would normally make for the year. Can she do this and if so, what’s the process?
answered on Dec 14, 2023
Child support is always modifiable until the child emancipates (turns 18). A parent asserting a reduction in income would have to justify that reduction. If a person is qualified to earn $45K and there are jobs available for $45K then they cannot justify to the court earning $12K (which is actually... View More
A father is awarded custody of a child following a divorce. Since the father is in service at the time, temporary custody goes to the paternal grandparents pending the father's return from duty per the divorce agreement. Upon return the father never assumes custody, the child remains with... View More
answered on Nov 30, 2023
You need to return to the court that issued the most recent order on custody/ timesharing and ask for clarification (or modification) if the circumstances have changed. Speak with a local family lawyer for more specific advice.
I have not filed for divorce yet but have told my husband I want one. He has now quit his high paying job and says he is looking for another lower paying job. Could this be an attempt to get out of paying so much for child support?
answered on Nov 29, 2023
When a divorce is filed, any wage earner is expected to continue to earn at the same level unless the reduction in income is out of their control. Child support is based on each parent’s income. If a person becomes voluntarily underemployed then you can argue that to the judge. Speak with a local... View More
My child support was closed by the department of revenue as they said I paid all that was owed. Then a few months later I get a notice saying the case is being reopened by the courts saying I still owe almost $5,000. I paid all my arrears it took me a few years after my daughter turned 18 but I got... View More
answered on Nov 27, 2023
The Department of Revenue should have a full accounting of all of your payments, as long as you paid through the central depository. Hopefully when you confirmed that you were paid up you got something in writing. Speak with a local family lawyer for more specific advice.
answered on Nov 13, 2023
In Florida, the time it takes to receive a child support payment after Social Security has taken a lump sum for child support can vary. This process often depends on several factors, including the efficiency of the Social Security Administration (SSA) and the state child support enforcement agency.... View More
answered on Nov 2, 2023
Your daughter needs to contact whoever sent the letter to determine if it is legitimate. If it is, then she needs to contact the court that issued the child support order. Speak with a local family lawyer for more specific advice.
Florida. Parenting plan states mental health must be mutually agreed. Agreement for provider was reached. Child has been actively going to sessions for several months. Non Custodial parent now states they no longer consent to child seeing provider and is demanding the primary parent to change... View More
answered on Oct 31, 2023
The current law is that either parent my consent to mental health counseling for child. If child is already in counseling by agreement then the parent that wants a change must go to court if no agreement can be reached. Otherwise child continues with current provider. Speak with a local family... View More
answered on Oct 30, 2023
As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More
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.
Best... View More
I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement
answered on Oct 23, 2023
You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More
answered on Oct 20, 2023
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