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Florida Child Support Questions & Answers

1 Answer | Asked in Family Law, Child Support, Juvenile Law and Social Security for Florida on

Q: Is it against the law for my mom not giving me my SSI check?

My mom has a disability so shes not able to work therefor she receives an SSI check for her, me and each of my sisters. She always spends it on herself and never gives us a dime. Is it wrong that she is not giving me my check?

Bruce Alexander Minnick answered on Aug 19, 2019

Unless you are over the age of 18 your mother can do pretty much whatever she wants.

2 Answers | Asked in Family Law and Child Support for Florida on

Q: My daughter wants to go live with her dad out of state. Will I have to pay him Child Support if he's never paid?

I live in FL and he in NC. My daughter has expressed she wants to go to high school in NC so she can go to university there. He decided to be a part of her life @ age 10. Before this, I was taking care of everything 100% without any help from him. When he became involved, he asked that I not do... Read more »

Rand Scott Lieber answered on Aug 19, 2019

Child support is the right of the child so legally you cannot waive it. I would suggest trying to reach an agreement with dad first. If he insists on child support if the move happens then you have the options of 1. not agreeing to the relocation and 2. pursuing back child support against him as I... Read more »

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1 Answer | Asked in Child Support for Florida on

Q: I have a final judgement for child support in Florida. The final judgement is silent on out of pocket medical cost

If the final judgement is silent on the issue does State Statute 61.30 apply? And if it does can I just send a demand for payment with the doctors bills or do I need to file for a modification?

Rand Scott Lieber answered on Aug 19, 2019

If the court order is silent then you either reach an agreement with the other parent or go back to court if you cannot agree.

1 Answer | Asked in Child Support for Florida on

Q: If my child has graduated and turned 18 can i sign a notorized affadavit stating such showing proof of support order

birth cert etc to have my job stop sending child support as it was suppose to stop onces turn 18 or graduates and the child has done both. Its a non ivd case in Georgia and the obligation has been met per support order

Terrence H Thorgaard answered on Aug 15, 2019

Seems reasonable, but you actually should have asked this in Justia › Ask a Lawyer › Georgia › Child Support ›.

1 Answer | Asked in Child Support for Florida on

Q: My father paid child support my entire life My mom never collected it. Can I collect it now?

Terrence H Thorgaard answered on Aug 15, 2019

No, child support is payable to the custodial parent (your mother in this case); not the child. It might be possible if the mother assigns her rights to you or (if she's dead) if you are her personal representative.

1 Answer | Asked in Child Support for Florida on

Q: My daughters father was paying back child support until my mother passed away last month. Does he still have to pay?

My mother had custody of my daughter and was receiving back child support for years. Does he still have to pay and how does she go about getting the support?

Terrence H Thorgaard answered on Aug 13, 2019

Yes, it would be payable to your mother's estate.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on

Q: In FL, how can I win the most timesharing with my 2 yr old son? I am about to get started with a divorce and want my son

In FL, they do "timesharing" and I have seen things that say what the courts consider when making those decisions. What i am wanting to know is how can I get enough timesharing that the child lives with me and I am not on child support? I want the mother to have visitation but ultimately the child... Read more »

Bruce Alexander Minnick answered on Aug 12, 2019

Sorry, but unless you can find a circuit court judge in your area who is willing to give you full custody you will probably never be able to avoid paying some reasonable amount of child support to the mother of your child. FYI, judges rarely award full custody to either parent--unless there is some... Read more »

1 Answer | Asked in Child Support for Florida on

Q: I want to sue for back child support. I filed in 2003 and he was ordered to pay $100 a month. I never received a penny.

He is now married living in TX. His wife owns a house, she is a lawyer. Can my daughter finally receive any money, now that she is a college freshman?

Rand Scott Lieber answered on Aug 8, 2019

You do not mention whether the child support order is from Florida. Assuming that it is a Florida order, if you did not go back to court for enforcement prior to your daughter's emancipation it may be too late to collect. His new wife and her profession have nothing to do with you collecting child... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: I live in FL, my son’s mom lives in SC, we have a child support case in SC. Do I need a lawyer for child support case?

We still split time and she still has my vehicle that is Florida registered, does that affect child support?

Rand Scott Lieber answered on Aug 5, 2019

If your current child support order is from SC then you need to consult a lawyer or ask this question in that state.

1 Answer | Asked in Child Support for Florida on

Q: If I support two current children that are not court ordered , is that factored in with a new child support order

Rand Scott Lieber answered on Aug 5, 2019

The court considers children based on their order of birth. The oldest child is considered first for child support calculations. You do not mention if you are married to any of the mothers. You will need to explain to the court what you are paying in support, whether it is court ordered or not. You... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on

Q: Can my ex husband lower child support even though our incomes haven’t changed?

When I got divorced last year my ex agreed to pay $1500 in child support so I could keep the house because he didn’t want it. I was just served papers that he is trying to lower his child support claiming that our current incomes allow for a 15% or more decrease. Neither of our incomes have... Read more »

Henry George Ferro answered on Aug 3, 2019

It is unlikely, changes in child support can only be made when there are changes in circumstances...From your description that is not present...

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3 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Support and Civil Rights for Florida on

Q: I just filed for divorce and notified my ex's lawyer to which she said they will object, challenging the jurisdiction.

I initiated a request for child support thru DCF and because my ex lives in Texas, the case was sent there for enforcement. However his hearing was deferred because he said he was filling for divorce, yet he never did. This occurred back in April. I never received any official paperwork from the... Read more »

Rand Scott Lieber answered on Aug 2, 2019

If you have lived in Florida for more than six months then you can file for divorce in Florida, even if he lives in Texas. An issue that could arise is did he file for divorce in Texas before you filed in Florida. Regardless, the children's issues will be resolved in Florida if that is where the... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on

Q: I just turned 18 my ex won't let me see my baby, I'm in college, do I have to pay child support to see her?

Henry George Ferro answered on Aug 2, 2019

There is no legal correlation between visitation and child support...You can petition the Court to enforce your visitation rights with the child...However, as an aside, I would start paying some child support before moving to assert your visitation claims...

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1 Answer | Asked in Child Support for Florida on

Q: I have a current child support agreement in Puerto Rico but currently live in FL.

Am I able to go back to court in PR to update the child support depending on my income I make now and what I pay in rent/utilities?

Terrence H Thorgaard answered on Jul 28, 2019

Perhaps, but you should ask this question in Justia › Ask a Lawyer › Puerto Rico › Child Support ›.

1 Answer | Asked in Child Support for Florida on

Q: Can the state of florida take child support out of my 2nd job as well?

If i am paying my monthly child support amount, and i sill have quite a bit of back child support to pay; will they take more money out of my 2nd job to satisfy my back child support? They take my tax returns for back child support, and half of my paychecks for my children from my full time job. I... Read more »

Rand Scott Lieber answered on Jul 25, 2019

Yes, they can garnish all sources of income up to a certain amount.

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: Do I still have to give money out of my pocket even if I already pay child support?

Rand Scott Lieber answered on Jul 22, 2019

You do not need to pay more than the court ordered child support amount each month.

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: What can I do is this even fair?

I pay child support regularly and my child’s mother keeps asking me to send her money via money order everyday and I always send her the money but she never lets me visit or spend time with my daughter.

Rand Scott Lieber answered on Jul 22, 2019

You need to go to court and ask for a parenting plan which will specify when the child is supposed to spend time with you. Then if she refuses you can go back to court and ask the judge for help. You should also have a specific amount of child support to pay each month, not whenever she asks for... Read more »

1 Answer | Asked in Child Support for Florida on

Q: How do I forgive arrears in Osceola cty FL?

Rand Scott Lieber answered on Jul 22, 2019

You can file an affidavit with the court regarding the arrearage.

1 Answer | Asked in Child Support and Family Law for Florida on

Q: Can my ex and I agree to a modification of child support ? If so, What do we do?

divorced, child support was agreed at 600$ per month one child, 9 months later he is starting vpk - child care cost is less, i have had twins in another relationship, i get him more now than agreed upon in the final judgement. can we file papers to modify to 300$ per month? with these reasons? are... Read more »

Rand Scott Lieber answered on Jul 22, 2019

Any agreements that you make for modification should be in writing and signed by both parents. As long as you are making the child support payments there really isn't any scrutiny. The problem arises when one of you goes to court later and complains that the child support was "too much" or "not... Read more »

2 Answers | Asked in Family Law, Child Support, Probate and Wrongful Death for Florida on

Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...

My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...

Does Florida law prevent his kids from being in first control of everything when... Read more »

David Hughes Harris answered on Jul 16, 2019

Sorry to hear of your loss.

An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.

Please note that while your dad was "separated," Florida...
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