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Florida Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Florida on
Q: how can I protect my new spouse from my child support case in Puerto Rico?

my ex girlfriend may open a child support case on me if she finds out i am newly married. Can my pre nup in Florida protect my new wife from my ex trying to add my new wifes personal income for child support case in Puerto Rico?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

The mother of your child cannot force your wife to pay child support in Florida, whether the mother sues in Florida, Puerto Rico, or elsewhere. Child support would be your obligation, not that of your wife. If your ex does file for child support, you and your wife probably should not own property... Read more »

1 Answer | Asked in Child Support for Florida on
Q: what type of motion would I file to make my ex pay his child support on time? he pays it every month but never on time

The judge was very clear that it needs to be paid on the 1st of the month and not any later. but it never comes on the first of the month. it comes randomly all different times of the month and I cannot budget because I don't know when it's coming and I want to have the judge enforce it... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 21, 2022

Unless your ex is self employed, the best thing that you can do is to ask for an income deduction order, which is your right under the law. With that order the child support would be deducted directly from his pay check by the state and then forwarded to you. Speak with a local family lawyer for... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 20, 2022

You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues... Read more »

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2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was on child support with my ex husband and he gave me the kids because he no longer could care for them and now that

They are grown he is seeking back child support for the time I had them. What can I do?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You need to get a hearing before the court that issued the child support order to explain what happened. You should have returned to court when he gave you the children. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2022

That would be a reasonable assumption. But if the person to whom you pay child support (payee) disagrees, you had better apply to the court to have the decree clarified.

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1 Answer | Asked in Child Support for Florida on
Q: If the custodial parent loses custody of their kids does the non custodial parent have to continue paying child support
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 15, 2022

If you have a legal child support obligation then you must return to court to modify that legal obligation. The custodial parent losing custody will not "automatically" change your obligation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support for Florida on
Q: Here in Mississippi it's 21 the by law saids military full time, marriage,incarceration and self supportive are grounds
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 13, 2022

If you have never been to court in Florida then you need to speak to a Mississippi lawyer. Your message says that you are in Miami, Florida.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If my 19 yr daughter moves out of the house with her mother and lives with her boyfriend and works do I still pay child

support the the mother

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 13, 2022

In Florida child support terminates at 18 or high school graduation if later. First you need to read your child support order and see what it says. Second, if you do owe child support and the child is working you can go to court for a reduction based on the child's earnings. Speak with a local... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters father who had physical custody has passed away in Florida. Now I have my daughter

Our custody agreement is from Kentucky. I’m I required to transfer and change the agreement it in the courts in Florida?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2022

If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is there a way to establish legal rules on paper but not through the whole process? Maybe like with a mediator or?

My daughters father and I are not married and have never been married. I moved to Florida from Georgia and don’t have money to switch my car and everything over to Florida. So I have an out of state license. My child’s dad always wants me to drive and bring her to him and we have disagreements... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 26, 2022

If yo have never been married then you as the mother have total control of the situation. If you have lived in Florida for more than six months then you can file for paternity here, with or without a drivers license. You just have to prove that you have lived here and plan to continue living here.... Read more »

1 Answer | Asked in Divorce and Child Support for Florida on
Q: I want to know what my husband after 16 years supporting me & would not allow me to work can & can't do

I would like to know what my husband can & can't do after 16 years of marriage and not allowing me to work & has supported me and my way of living for the past 16 years.

1.An attorney said he could open a new bank account with no obligations to maintain money to me is that... Read more »

Michael Ferrin
Michael Ferrin
answered on Aug 23, 2022

While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to... Read more »

1 Answer | Asked in Child Support for Florida on
Q: VA disability compensation be used when calculating child support in Florida? Employed full-time with VA disability
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 18, 2022

Yes, disability payments are considered income for child support purposes.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Divorce my spouse moved out of state with kids without my consent

My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... Read more »

Michael Ferrin
Michael Ferrin
answered on Aug 18, 2022

We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.

1 Answer | Asked in Child Support for Florida on
Q: Can PR collect child support on a case that was completely paid through FL?

We had a child support case in FL. It is completely paid off (she is 23 now and not in school). FL enforced it and we always paid through FL, now PR says that we owe child support through them. We were never contacted by PR and had no idea that there was a case. We found out because they just now... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 12, 2022

You can start by providing PR with whatever FL documents that you have showing payments and satisfaction. Your ex can prepare an affidavit saying that the child support was paid in full in FL and that they are not requesting anything further. If that does not work then you may need to consult with... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I ask a court to modify a already existing parenting plan
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 11, 2022

If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.

If the other parent disagrees, you can file a petition for modification. You must convince the court...
Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Recently the father of my son passed away. A letter was found in his apartment that said he owed child support.

How can I go about collecting any amount paid into that support?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 2, 2022

You can contact whatever agency was collecting the support. Big picture, in Florida, it is the Central Depository or State Disbursement Unit. If, in fact. they had collected any child support they should have tried to forward it to you (assuming that you are the obligee) already. I do not think... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I'm paying my back pay child support can I get a passport

At least a temporary or limited passport

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 1, 2022

If child support enforcement has put a restriction on your passport then you will need to file a motion to lift the restriction. If there is no restriction then you can get a passport as you normally would. There is no such thing as a temporary or limited passport. Speak with a local family lawyer... Read more »

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