Get free answers to your Child Support legal questions from lawyers in your area.
I'm a father of a 15-year-old son, and I've been married to my wife for 13 years. My son has lived with us for the past 4 to 5 years. His mother recently suggested I should be on child support to maintain his Medicaid, but I offered to add him to my insurance instead. She declined,... View More 
answered on Apr 8, 2025
First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the... View More
I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More
answered on Apr 1, 2025
You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More
I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More
answered on Mar 31, 2025
The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.
The... View More
I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form... View More
answered on Mar 18, 2025
If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More
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
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
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
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
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
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.
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
answered on Feb 25, 2025
You should immediately get a "claim of exemption" form from the clerk of court, and if you are entitled to an exemption, you should complete and sign it and file it with the clerk. It appears that the child support you pay is not equal to half or more of your monthly wages, so your wages... View More
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
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
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
answered on Jan 20, 2025
As to the five topics you referenced (Custody & Support, Financial matters, Alimony, Life Insurance & Car, and Legal protection), you are free to enter into any agreement you like that addresses these topics. But beware, once you agree to the terms you are bound by them and cannot cry... View More
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
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
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?
answered on Jan 3, 2025
This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More
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?
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.
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
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
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?
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
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
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
Can my brother also sign a document giving me total 100%
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
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
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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
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.
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
My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More
answered on Jul 11, 2024
Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More
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