She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... Read more »
Speak to an attorney who practices family law about seeking a court-ordered parenting plan.
Both of my kids are in Puerto rico. My daughter is now a mom and will be 21 this yr living with her boyfriend. My oldest is 22 and working. Kids mom is married and lied to the agency saying they are seperated.. But none of that was reported to asume.. While my check is being garnished my son did... Read more »
Get an attorney licensed to practice in Puerto Rico.
My son will 22 and daughter a 21year old mom.. They are both in puerto rico and i dont know where...my son is working and daughter is now a mom and moved in with babys dad. My check is being garnished. But i see that the balance has not realy decreased.. Even after my son living with me for a year... Read more »
You have failed to indicate whether the child support order was entered by a Florida court, or by a court in some other place. Is the amount being garnished for past-due child support or is it currently owing; because normally (assuming it's a Florida order) child support ends when the child... Read more »
There is currently child support order in progress in Florida, yet I received a letter from Indiana child support about a child support order. I never got an order from Indiana. I live in Florida. I never received paperwork about an order. How can this be? I have sole custody of the children and he... Read more »
This is why parties are required to file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. You need to notify the Florida court of the Indiana action and he was obligated to notify Indiana of the Florida action.
She took her out of public online school and put her in a private online school and college program as well as bought her a computer without discussing with him to make a coparenting decision. Is he legally obligated to pay?
You need to read the parenting plan (or any other court order) that addresses expenses for the child that fall outside of child support. Common examples are uncovered medical expenses and extracurricular activities. Unless the order says that he has to pay, he is not responsible. Furthermore,... Read more »
If you are seeking to modify a current child support order and are filing a petition for modification, a financial affidavit will need to filed in the case. Mandatory disclosures will also be required. Whether the financial affidavit needs to be filed at the same as the petition for modification,... Read more »
Your financial affidavit does not have to be served with the summons but it must be filed with the court before you can get a hearing on your motion to modify.
My ex and I have already had an out-of-court agreement on child support. We get along and he pays regularly so is it mandatory that we file for child support (child support guidelines form) when getting divorced? Can't we just keep our agreement without involving the court and inturn not... Read more »
When there is a minor child involved each party must file a financial affidavit and the court will require a child support guidelines worksheet. You do not mention if your agreement is higher or lower than the guidelines. If the agreed amount is higher then there is no problem. If the agreed amount... Read more »
My current income is lower than I had in PR, I'm still paying to ASUME as if I was there and it's an amount that is hard to afford every month.
You need to apply for a modification in the court that is currently handling the child support order. If that is NJ then that is where you would file the modification.
I recently got a letter from the clerks office stating I was delinquent on payments. The reason they think I am delinquent is because I made direct payments to the other party that weren’t recorded with the clerk. I have copies of all the checks. I scheduled a hearing to sort it out. The lawyer I... Read more »
You need to notify your attorney in writing that you do not want his services. You cannot stop the attorney from appearing at the hearing but you can put them on notice that you are not paying for them to appear at the hearing. If you have a retainer agreement with the attorney you should read it... Read more »
I transferred from Puerto Rico to Florida a couple of years ago with my daughter. My ex is not paying child support and has an open case in court in PR but when he gets a citation, he files for bankruptcy to prevent the local court from collecting from him. He doesn’t pay and the bankruptcy case... Read more »
You were told correctly: if he is not in Florida, you can't pursue child support in Florida because the Florida courts don't have jurisdiction over him (and presumably he has no assets in Florida anyway).
All my child support payments by court order are up to date, but she consistently asks for additional money when I in no position to provide any extra money due to my own financial hardship. She threatens me that she will go to court to ask for back pay of aftercare for our children, but never once... Read more »
She doesn't have a case. What's your question?
The child is 1 year old. The father signed the birth certificate. I receive food stamp & Medicaid for my daughter. He has only bought a small few items since she has been born.
Generally the main issue at a child support hearing is proof of your income. You may also want to have a list of any direct payments that you received, if any. If you receive the child support then DOR may still represent you. Contact them directly for guidance.
The father was ordered to carry insurance & pay a set amount biweekly. Since the order was put into place he lost his job due to drug use & eventually completed rehab, now has a new job making a significant amount more than when the original amount was ordered. My husband & I have also... Read more »
Child support is based on each parent's income or ability to earn income if they are not working. If you are able to work as a nurse but choose to stay home the court can impute income to you as if you were working. The imputed income will be used to calculate the child support.
My ex wife,kids and I move more than 5 years ago to Florida, she register the case in Florida and is being enforced by DOR, PR child support is till age 21, Florida 18, she is now requesting a modification of child support and my oldest is almost 19. Do I have to continue paying till the kids are... Read more »
Florida only enforces the original order from PR. If that order says child support until 21 then that is the law of the case. You have to return to court (in FL) to litigate the modification. You should look for a local family lawyer that offers a free consultation to explain or investigate the... Read more »
My sister divorced in Puerto Rico and the Court settled the amount of money my nephew was going to receive.
Years later she moved to Florida, while visiting the ACCESS office someone told her to open another claim for child support. But my ex-brother in law continues to paid child support... Read more »
There should only be one child support case. He needs to notify both courts about the primary (original) case. Ultimately the cases should be consolidated.
Do we have to return to court before I receive child support for our child?
The current child support order remains in effect. Filing a motion does not stop the current obligation. The motion can seek to modify the child support but payments must continue until a subsequent court order makes a change.
Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.
not married ,child not born yet
Child support is based on each parent's income and the number of overnights spent with each parent. There is no child support obligation before a child is born. In order to establish child support one of the parents must apply to the court. Since you are not married it would be a paternity action.
the mother does not work and lives with her mother, my son lives on his own, bills etc. what are his options
He needs to answer the papers. He can work directly with the Department of Revenue or he can hire a lawyer to help him. You do not mention if he spends time with the child. The Department is only going to focus on the financial aspects. If he wants to pursue timesharing he should definitely seek... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
