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Florida Child Support Questions & Answers
2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 19, 2021

You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Florida on
Q: I NEED HELP WITH AN INTERNATIONAL DIVORCE

MY WIFE WENT BACK TO GERMANY AND TOOK OUR SON. OUR SON WAS BORN IN GERMANY AND HAS DUAL CITIZENSHIP. MY WIFE IS A GERMAN CITIZEN. WE WERE MARRIED IN THE UNITED STATES AND HAVE BEEN MARRIED LESS THAN 7 YEARS. HOW DO I GET A DIVORCE? SHE IS TRYING TO SUE ME FROM GERMANY FOR SPOUSAL SUPPORT... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 19, 2021

To get a divorce, you need an attorney here in Florida, who can consult with an attorney in Germany about the German laws. The German lawyer can better advise you about the law in Germany and which jurisdiction would more likely award an enforceable custody decree. It's a complex matter of... Read more »

1 Answer | Asked in Child Support for Florida on
Q: How do they split the cost of child support for kids in different states? what if theres a modification w/my CS in MN?

I pay child support for a child in MN, I havetwo other children who live in FL who i dont currently pay child support for. If it comes to having to pay child support for my kids in FL how does that affect what i pay for my child in MN? If the mother in MN wants a modification and i then have my... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 15, 2021

The law in Florida is that the oldest (first born) children take precedence. For example, if you are calculating FL child support and the MN child was born first then the amount that you are paying in MN would be a deduction in the FL calculation. I cannot answer regarding MN law.

1 Answer | Asked in Child Support for Florida on
Q: In Florida, does the Social Security than a child gets count towards child support payments?

I am getting divorced in Florida. I am retired, getting a monthly social security and annuity payments of about $5K a month. I have a 5 year old son getting social security each month (because of me) of around $1.3K.

The child support tables say that for an income of $5K the support should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 11, 2021

SS received directly by the child will reduce your child support obligation. However, it may not be as simple as subtracting it from the calculated amount. Look for a free consultation with a local family lawyer.

2 Answers | Asked in Divorce and Child Support for Florida on
Q: What are the laws regarding accessing my husband’s personal bank account transactions?

We have started talking about getting a divorce. I found out earlier in 2020 that he was having an affair. He has since changed his log in for his 401K account and withdrew money to go on a trip and she also went along. Then he just got terminated on Dec 27th and now has cashed out his 401k as well... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

First suggestion is to get an experienced family law attorney to guide you through process. Family law rules are built around premise that full disclosure is a requirement. How that occurs are through various legal mechanisms beyond the scope of this general question and answer forum.

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My grandson is moving to Florida with his dad from Indiana. His dad has 5 other kids in the house.

He wants to stop paying child support even tho Hunter’s never stayed with him longer than 2 weeks. I don’t think he’ll stay down there too long. If the judge orders payments to stop, how difficult will it be to get child support now that his dad moved from Kentucky to Florida?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2021

If an Indiana court has ordered the father to pay child support, it would be up to that court to modify the support order, if that court finds that child support should be modified. In the mean time, the person to whom the support is payable can contact the Florida Department of Revenue to assist... Read more »

1 Answer | Asked in Child Support for Florida on
Q: If my children dad stills owe backpay with child support will I get his stimulus check
Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

Chances are “yes” unless a provision was added to most recent law for the 2nd stimulus check exempting those who have child support arrears.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My 15 year old stepson lives in bartow with his mom. She told him to get out. How do we proceed getting him to live here

We live in cape Coral. She is mentally abusive and has been physical when he was younger. He would not tell cps when they would visit.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 2, 2021

Re-open the divorce proceedings and file an emergency motion to amend custody agreement.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I moved to Florida but my child's father is still in PA, where would I file for child support?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

File in Florida. If you are going to use a state agency, which I recommend, because Florida is the child’s home state. Ultimately, they may coordinate with Pennsylvania to institute an action there for convenience.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Porque razón válida,se puede apelar para quitar visita de un padre a un menor?

Mi hijo tiene 7 años ,su padre legal nunca lo ha mantenido ,yo tengo la custodia del niño pero con visita del padre ,yo soy dominicana mi familia toda viven allá ,el me amenaza de que si yo pongo manuntension el no me da la firma para sacar el permiso de poder viajar con el niño a ver mi... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Si el padre a sido estblecido como el padre legal y visita al nino, aunque no pague la manutencion no lo puedes quitar de los documentos legales del nino. Si el a abandonado al nino y no lo ve ni lo mantiene, entonces es posible quitarle los derechos de padre por abandono. No es un proceso simple y... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My sons father is supposed to pay child support, hes running a non profit organization with about 12 people and works.

He is telling child support that he cant work because of the pandemic and so they reinstated his license. But goes on vacations and leaves the state often. How can I get my child support if he is able to work.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

You have to be able to prove that he is working, or that he is spending money on vacations and trips so that the court can calculate the income he has based on the amounts of money he is spending. If you are only having hearings in child support enforcement court, you must remember that the... Read more »

1 Answer | Asked in Child Support for Florida on
Q: What will happen if my husband ex just decided to put him on child support for his two kids ages 13&14. In Florida
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Not sure what you mean by what happens. You can expect that the mother is going to be seeking what the law allows which is 2 years of support prior to filing her petition for child support plus support going forward. Both parents' income will be used to calculate the proper amount of support... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Obtained custody and child support packet from Orange County Court. Which part needs to be submitted 1st to get started?

The packet is 600 pages. Attorneys have told me that certain parts are submitted at different times throughout the hearings. I want to know what part(s) I need to submit to get things started. I called the Court Clerk and spoke with a Deputy Clerk, whom wasnt sure.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Most attorneys have never purchased the packet from the court. In order to get better advice you might want to list the names of the documents you received. For custody and child support, you would normally need the Petition to Determine Paternity, UCCJEA, Financial Affidavit, plus any specific... Read more »

1 Answer | Asked in Child Support for Florida on
Q: paying child support even if the kids are already adopted to different families outside the country

my bf has been paying child support but since his medical condition has gone quite bad he wasn't been able to work since last year and wasn't been able to pay child support.However,the kids were already adopted by different families outside the country and that happened years ago already... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 28, 2020

The child support should have stopped accruing when the adoptions became final. It appears that the child support agency (Department of Revenue if it's in Florida) may owe him money which shouldn't have been deducted.

1 Answer | Asked in Child Support for Florida on
Q: Received at letter that mother wants back child support but I always paid her. Also it says child is in daycare and isnt
Rand Scott Lieber
Rand Scott Lieber answered on Dec 28, 2020

You need to respond to the letter. You will have the opportunity to show proof of your payments. She will need to prove that child is in daycare. Do not ignore the letter.

Good luck.

1 Answer | Asked in Child Support for Florida on
Q: Can the court modify the payments based on motion to contest driver’s license suspension?

My ex filled the motion to contest driver’s license suspension, I haven't received any papers yet, but I suspect he will try to lower the child support amount. Can the court modify the payment based on motion to contest the license suspension if the motion to modify the amount wasn't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 28, 2020

The chances are that the court will treat the motion to contest as also a motion to modify.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: i wanted some one to look at my case because i don't know what to do. I just spent 8,000 on a lawyer and the other pers

please help

Destardes Moore
Destardes Moore answered on Dec 22, 2020

I’m not sure if your case is still pending or if your case has concluded. However, you can reach out to an attorney for a consultation and explain your legal issue more in-depth. Good Luck!

1 Answer | Asked in Child Support for Florida on
Q: My dad thinks he owes child support in Puerto Rico, if it was ever filed, it was in the late 70's to early 80's.

Would Puerto Rico have records from that long ago?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 20, 2020

Why don't you ask an agency in Puerto Rico? This has nothing to do with Florida law.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I live in Fl. Child's father Lives in N.M. He is in arrears of approx $30,000 in past support payments. I get -0-

We moved here approx 2 1/2 yrs ago and case was transferred to Fl from Az. Florida support tells me they have not heard back for N.M. When I call N.M, they tell me I need to go thru Fl. Getting the run around. Nobody whats to help...... I can not afford to hire a lawyer

Rand Scott Lieber
Rand Scott Lieber answered on Dec 17, 2020

Your local jurisdiction should have a department that deals with child support enforcement. Find out who that is and contact them. There is no charge for their help.

Good luck.

1 Answer | Asked in Child Support for Florida on
Q: I live in Florida my ex and kids live in Pennsylvania. Who has jurisdiction. Case opened in nys.

To my understanding if both parents and kids move on from the state the order was created, that state no longer has jurisdiction.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 14, 2020

In Florida, you can go to court where either parent lives or the child lives. If you are trying to modify the NY order you will need to domesticate the NY order. That means filing a certified copy of the original order in the new jurisdiction that you want to use. NY continues to have jurisdiction... Read more »

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