Florida Child Support Questions & Answers
Q: We had 50/50 custody. We moved. Now we're back can the mother leave with the child to another state?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Sep 28, 2016
Answered on Sep 28, 2016
Terrence H Thorgaard's answer
I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.
But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.
He should also ask that the child support he is obligated to pay be modified.
I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.
But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.
He should also ask that the child support he is obligated to pay be modified.
Q: I wasn't married with my husband but I live wt him for 16 years, my husband did not make a testament,can I claim money?
Terrence H Thorgaard's answer
Assuming that this relationship was in Florida (and not in some other state) for all of those 16 years, no; Florida doesn't recognize so-called "common law marriages". Therefore, since he didn't leave a will, you have no claim to inherit anything from him.
Assuming that this relationship was in Florida (and not in some other state) for all of those 16 years, no; Florida doesn't recognize so-called "common law marriages". Therefore, since he didn't leave a will, you have no claim to inherit anything from him.
Q: F/U question NH courts have said they have no jurisdiction over an order originally made in FL.
Terrence H Thorgaard's answer
If you are the same person who asked a similar question earlier, you indicated that both parents now reside in New Hampshire, that they reconciled there for a while, they have younger children together (not covered by the Florida decree), etc. I suggested that you contact the NH CH agency (not the NH court). Ask the agency how to proceed. I suggest that because the NH agency would be in a better position to figure it out, including the issue of the later-born children.
If you are the same person who asked a similar question earlier, you indicated that both parents now reside in New Hampshire, that they reconciled there for a while, they have younger children together (not covered by the Florida decree), etc. I suggested that you contact the NH CH agency (not the NH court). Ask the agency how to proceed. I suggest that because the NH agency would be in a better position to figure it out, including the issue of the later-born children.
Q: Is cs order still active even if parents get back together?
Terrence H Thorgaard's answer
She should start by contacting the New Hampshire child support agency.
She should start by contacting the New Hampshire child support agency.
Q: I received a Hearing Notice for Child Support in Fl and I live in NY, do I need to be present or hire attorney
Terrence H Thorgaard's answer
Depends on exactly what the notice says. And some judges allow you to attend by telephone. Contact the judge's office and ask.
Depends on exactly what the notice says. And some judges allow you to attend by telephone. Contact the judge's office and ask.
Q: how much would it cost to get help with doing a minor child last name change?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Sep 13, 2016
Answered on Sep 13, 2016
Arthur James Mullaney III's answer
The cost of the case would depend on whether both parents agree on the name change. If there is no agreement, there is no way to know the full cost of that litigation since there is no way to know how much time needs to be spent on the case.
The cost of the case would depend on whether both parents agree on the name change. If there is no agreement, there is no way to know the full cost of that litigation since there is no way to know how much time needs to be spent on the case.
Q: My separated wife is pregnant with another mans baby,Bio dad not in picture.
Terrence H Thorgaard's answer
I would start by contacting the Florida Department of Revenue, which is the agency in this state tasked with, among other things, collecting child support. I believe they have more resources for locating putative fathers, and collecting child support from them, than most private individuals or attorneys.
I would start by contacting the Florida Department of Revenue, which is the agency in this state tasked with, among other things, collecting child support. I believe they have more resources for locating putative fathers, and collecting child support from them, than most private individuals or attorneys.
Q: Can I get Child Support if I have a Injunction in place to project myself and my child?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
Florida
on
Answered on Sep 12, 2016
Answered on Sep 12, 2016
John Arthur Smitten's answer
Yes you are entitled to child support. You should hire a lawyer to represent you in the case.
Yes you are entitled to child support. You should hire a lawyer to represent you in the case.
Q: Is it legal for a state to take child support from a father when, he has sole custody of his daughter?
Terrence H Thorgaard's answer
It appears to be welfare that California paid to the mother. The state is entitled to go after this, to the extent he owed child support to her. It shouldn't accrue after December of 2005, although there may be interest, costs, etc. added on.
It appears to be welfare that California paid to the mother. The state is entitled to go after this, to the extent he owed child support to her. It shouldn't accrue after December of 2005, although there may be interest, costs, etc. added on.
Q: Divorced in CT were I reside with spouse and children. Non Custodial parent resides in AR and I just moved to FL.
Terrence H Thorgaard's answer
Six months. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in all four states involved, for the Florida courts to have jurisdiction, Florida must be the "home state" of the child. "Home state" is defined as
" ... state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than 6 months of age, the term...
Six months. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in all four states involved, for the Florida courts to have jurisdiction, Florida must be the "home state" of the child. "Home state" is defined as
" ... state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than 6 months of age, the term...
Q: If we are fighting for 50/50 will he still have to pay child support
Sabina Tomshinsky's answer
Even with a 50/50 time-sharing, you can still have child support assessed as child support is based on the Florida's Child Support Guidelines system that takes into account the parents' incomes, the number of children, the number of overnights, the cost of health insurance, the cost of daycare/aftercare and such. Unless all the factors/parents' salaries are substantially the same, there will likely be child support. Also, please note that only the parents' salaries/earnings are taken into...
Even with a 50/50 time-sharing, you can still have child support assessed as child support is based on the Florida's Child Support Guidelines system that takes into account the parents' incomes, the number of children, the number of overnights, the cost of health insurance, the cost of daycare/aftercare and such. Unless all the factors/parents' salaries are substantially the same, there will likely be child support. Also, please note that only the parents' salaries/earnings are taken into...
Q: My husband has gone bankrupt and claims he can't make support payments - can I go after his wealthy parents for money?
Terrence H Thorgaard's answer
No, his parents have no legal duty to support you. But generally bankruptcy doesn't discharge his duty to pay child support or spousal support.
No, his parents have no legal duty to support you. But generally bankruptcy doesn't discharge his duty to pay child support or spousal support.
Q: Can a married woman ask for child support from her legally married husband in Florida?
Terrence H Thorgaard's answer
Yes. See the following Florida statute:
"61.09 Alimony and child support unconnected with dissolution.—If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper."
Yes. See the following Florida statute:
"61.09 Alimony and child support unconnected with dissolution.—If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper."
Q: paying child support for my son that has lived with me for the last 3yrs cs was issued out of ohio how do i get it to
Terrence H Thorgaard's answer
You ask the court in Ohio, which I assume issued the CS order, to change so as to require the mother to pay.
You ask the court in Ohio, which I assume issued the CS order, to change so as to require the mother to pay.
Q: My ex wife ( custodial parent) just dropped my 16 year old son off on my doorstep with all of his belongings.
Terrence H Thorgaard's answer
You apply to the court which originally gave her primary custody and child support, so as to modify the custodial plan and the child support. She should be paying you now.
You apply to the court which originally gave her primary custody and child support, so as to modify the custodial plan and the child support. She should be paying you now.
Q: How can I request a hearing after I recieved a letter ordering me to pay child support to prove paternity
Terrence H Thorgaard's answer
Who was this letter from? Was it from the Florida Department of Revenue, or from the court?
Who was this letter from? Was it from the Florida Department of Revenue, or from the court?
Q: My employer said "they must put my children on my insurance" it's $800 a month for health ins. What if i can't afford it
Terrence H Thorgaard's answer
This appears to relate to another question you asked earlier today, it relates to a New York decree, and therefor is a matter of New York law. I suggest that you ask this question in the New York section, not the Florida one.
This appears to relate to another question you asked earlier today, it relates to a New York decree, and therefor is a matter of New York law. I suggest that you ask this question in the New York section, not the Florida one.
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