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Florida Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Non custodial mother has a suspended license. Can I keep my child from going with them?

My purpose here isn’t to keep my child from her mother. I allow her mother to spend time with her whenever she comes to town, or whenever we’re in her town. My issue is, mom has had a suspended license for over a year and a half, but she hasn’t a vehicle until now. The last time she had a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

No. Regardless of what the situation is with your ex not having a drivers license you cannot lawfully disobey the existing custody order--unless and until the judge changes it. So instead of dreaming up all the negative possibilities that might occur if your ex starts driving on her suspended... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: ex wife gets child support from me gets pregnant by 2nd person she stops dating gets support from him does it help my ca

collects from me gets pregnant from someone else leaves him then goes to collect from him does this or can this help or affect me in anyway good or bad

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

FYI, in Florida, all fathers are legally responsible for the well-being of their own children. That means the child support you pay to your ex-wife is for the benefit of YOUR child only. It also means that any new child support your ex-wife may get from the father of her new child is for the... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Is the custodial parent required to attend a hearing for order of contempt

The non custodial parent has court for non payment of child support. Do I have to be there

Rand Scott Lieber
Rand Scott Lieber answered on Oct 14, 2019

You should ask the person who is prosecuting the case (DOR?). Sometimes you need to be there and other times you do not.

1 Answer | Asked in Child Support and Collections for Florida on
Q: My father rarely paid support when I was a child. I am now 36 yrs old and he received a collection letter from NY.

Money due to my mom. Can I give up my rights to this money or my mom has to give up her rights? My father doesn't have any money. The letter threatens the loss of his license, passport or jail time. I now live in Florida and my father lives in AZ.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

The sate collection effort does not involve you; why? Because Florida is collecting old support due to your mother, not to you. However, it may be possible for your mother to intercede and tell the Florida Department of Revenue that she no longer wants Florida to prosecute your father; and tell... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Rspndnt filed motion to vacate CS order DOR is collecting payments but will not give them to me, what can I do?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 1, 2019

You need to go to court so that the judge or hearing officer can resolve the conflict.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: Do I have a right for alimony if I am abroad? Does the child support decrease considerably if the child is abroad?

Due to financial problems and no permanent place of living my minor son and me temporarily moved abroad to my parents’ house. That was agreed with my husband. But shortly after, he decided to separate and then to divorce (FL). We were married for almost 9 years.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 25, 2019

Alimony is based on one party's need and the other party's ability to pay, as well as the length of the marriage. Where you live is not a specific factor. Child support is based on each parent's net income. The number of overnights that the child spends with each parent is also a factor. If your... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Need info on divorce been marry for 20 yrs. 3 kids and husband cheating. took my car. i need to knkw my rights

been marry for 20 yrs. have 3 kids 18,14,and12. my husband wants a divorce. just found out that he's been seeing and now moving in with his a girl he's seeing. not giving any money nor helping with the kids. dont call the kids nor amswer our calls he comes in thw house when he wants when im... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Sep 23, 2019

First of all, if you feel your life is being threatened, you should go to the courthouse ASAP and file for a restraining order. You should then make contact with a divorce attorney to schedule a consultation and obtain advise specific to your situation.

1 Answer | Asked in Child Support for Florida on
Q: Hi, what should I do to know if my daughter in Puerto rico are emancipated while Im sending still child support?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2019

If it's a Puerto Rican child support order, you should ask this question in Justia › Ask a Lawyer › Puerto Rico › Child Support ›.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Ex-wife got fired and is not looking for a new job, I currently pay the mortgage so my kids have a home.

She has a live in boyfriend and his two children. I would like custody of my children as I am able to provide for them if I am not paying mortgage for a home I am not living in.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2019

You are always going to share your children with the mother. If you want to alter the timesharing schedule then you need to return to court on a Petition for Modification. There you can explain to the court why the schedule should be changed.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Florida on
Q: On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of.

Hi, I was served a paternity summons. The "father" has had 16% time with my son, and now wants 50/50 or possibly more. Also wants me to pay for his attorney fees

On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of. My guess is it's a... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 16, 2019

You must timely file a response to the petition, regardless of the incorrect name. If there's no way the named person can be the child's father, you would indicate that in your response. It is best for you to have an attorney representing you on this, especially since the other side has an... Read more »

2 Answers | Asked in Child Support for Florida on
Q: If the father is lying about his job, claims he is unemployed. How do I prove he is working?
Rand Scott Lieber
Rand Scott Lieber answered on Sep 15, 2019

File a motion and bring witnesses to court to prove your allegations.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: If my child's father refuses to pay for half of our child's living expenses am I able to sue him for the amount he owes?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2019

Yes, in general. It's called child support.

1 Answer | Asked in Child Support for Florida on
Q: Can I collect child support from a parent that fled to Puerto Rico?

I'm in Florida with a Florida support order. My ex fled to Puerto Rico to avoid garnishment, he is currently $100,000 in past support due. I've been looking for him for over 10 years and just found out he's back in Puerto Rico due to them garnishing his wages, suspending his license and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2019

Yes.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I'll move to MA and daughter is 14yo, Ex said I have to leave daughter with him or not pay child support, Is this right?
Rand Scott Lieber
Rand Scott Lieber answered on Sep 12, 2019

Assuming that there is a current court order on timesharing, you must go to court in order to move to another state. As part of the modification child support will be recalculated. You will need to show the court that the move is in the best interests of the child.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Hi..... I live in FL. I have 2 children with my ex. She moved to NY without my consent.

I pay child support & what I have left is little for She does not allow me to talk to my children. She has me blocked on phone and video chatting. What do I need to do to get my kids back.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 11, 2019

You do not say whether you have a court order regarding timesharing. If you do then you need to return to the court that issued the timesharing order and seek enforcement.

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1 Answer | Asked in Child Support for Florida on
Q: I applied for child support in Feb 2019 but my hearing isn't until Dec 2019. Will I be paid from the time I applied?

I knew it would take a little longer because I live in Florida and the father lives in California but I didn't expect it to take 10 months to get a hearing.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 11, 2019

You should get child support from the day that you filed with the court. Under certain circumstances the court can also look back two years.

2 Answers | Asked in Child Support, Family Law and Wrongful Death for Florida on
Q: Can a wrongful death settlement be garnished by the court for child support arrearage?

My oldest daughter was killed 6 months ago when she was crossing the street and hit by a drunk driver. The driver only had state required Insurance which pays 10,000$ to the next of kin for wrongful death. Because I'm her mother I'm her next of kin and receiving the wrongful death settlement. I... Read more »

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Sep 9, 2019

This question is outside my area is specialization as a personal injury lawyer. You need to consult with a family law attorney.

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1 Answer | Asked in Child Support for Florida on
Q: Did a new law get passed recently where they can't take your license anymore due to child support ?

My boyfriend got caught driving on an suspended license due to non payment of child support and wants to know if he can fight it?

Rand Scott Lieber
Rand Scott Lieber answered on Sep 6, 2019

Your DL can be suspended for non-payment of child support. If you want to fight it you need to go to the court that issued the child support order. If your address is current then you should receive notice in advance of a suspension.

1 Answer | Asked in Child Support and Gov & Administrative Law for Florida on
Q: Can i suspend / pause a child support order? While i appeal my case? ...or should i appeal my case?

I went to a hearing though unemployed at the moment the hearing officer use my old income which is 2200 before taxes a month but because of changes in the company i made under 2000 from the beginning of this year up until i got fired even though i was fired and did not make full time from last... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2019

First, please re-ask this, using punctuation. And no: you probably can't suspend the child support while an appeal is pending

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