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Florida Child Support Questions & Answers
2 Answers | Asked in Civil Litigation, Child Support and Family Law for Florida on
Q: Can my wages be garnished if I am a 1099 employee making less than 750 per week. My gross was 33K and AGI is 21K for 23

I am also a stage 4 cancer patient with two children living with me ages 16 and 14

Barry W. Kaufman
Barry W. Kaufman
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

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is he required to continue child support agreed through mediation until we get accurate information?

We had mediation for time sharing and child support my income was more than half less than what mediator put I vacated the order.

Rand Scott Lieber
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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.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Me and my wife ex-wife agreed to terminate child support because my son is 29 years old what form do I need to have her

Fill out and what does procedure for filing it

Rand Scott Lieber
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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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s next after petitioner denies my counter petition?

Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?

Rand Scott Lieber
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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

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

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

Michael Ferrin
Michael Ferrin
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

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1 Answer | Asked in Child Support for Florida on
Q: just been informed that my ex wife is using the child support money on her car payments instead of using it for support

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.

Rand Scott Lieber
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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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can't afford a lawyer,can I request full custody of child on my own?Father lives abroad,not co-parenting, no childsuppor
Rand Scott Lieber
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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

1 Answer | Asked in Child Support for Florida on
Q: How do we stop ASUME payments?

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?

Rand Scott Lieber
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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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: What is process for gaining child visitation when no parenting plan was included with Final Child support order (Florida

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

Rand Scott Lieber
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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

1 Answer | Asked in Child Support for Florida on
Q: After one year of divorce my ex wife now wants to redo our support agreement. Can she do this?

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?

Rand Scott Lieber
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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

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does there have to be a formal documentation of custodial arrangement?

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

Rand Scott Lieber
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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.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: If my husband quits his job before I file for divorce, will that affect the amount of child support he will owe?

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?

Rand Scott Lieber
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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

1 Answer | Asked in Child Support for Florida on
Q: How do I get records of the total I should have had to pay in child support from start to finish?

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

Rand Scott Lieber
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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.

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: How long does take to receive a payment from child support when Social security takes a lump sum payment for child supp
James L. Arrasmith
PREMIUM
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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

1 Answer | Asked in Child Support for Florida on
Q: My daughter is 25 and I got a letter from ASUME owning child support. I live in FL , what I can do from here to solve it
Rand Scott Lieber
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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.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Mental Health Consent for Minor Child

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

Rand Scott Lieber
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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

3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
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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

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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.

Best...
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1 Answer | Asked in Real Estate Law, Child Support and Family Law for Florida on
Q: I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the

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

Rand Scott Lieber
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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

1 Answer | Asked in Child Support for Florida on
Q: Holmberg v holmberg 2019 (Minnesota) Supreme Court Case. -separation of powers - child support unconstitutional???
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2023

This subforum is for discussion of Florida law. You might want to post your question in Justia > Ask a Lawyer > Minnesota.

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