Lawyers, Answer Questions  & Get Points Log In
Florida Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I have custody of my kids here in Florida the mom Don’t see them if we move 6 month to Puerto Rico will Change jurisdict

I have custody of my kids here in Miami Dade Florida the Mother does not come visit them or call them but she does pay child support through the courts my kids have not seen her in years we are moving to Puerto Rico if we live in Puerto Rico over six months will that change the jurisdiction of me... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 10, 2019

If there is a court order for timesharing, even if she is not following it, you must get her permission or a court order to relocate to Puerto Rico. This is a bigger issue for you to deal with prior to leaving as the jurisdiction question is affected by the relocation and Florida may keep... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: The alleged father of my four months old just filed with department of child services...

He’s not on birth cert and no paternity confirmed legally yet. I’ve encouraged him at every corner to build a relationship with my daughter, tried to have him visit more etc. he lives 1.5 hrs away but even still, has seen her about 13 times in the 4 months since her birth. I’ve in no way... Read more »

Melissa Paniagua
Melissa Paniagua answered on Dec 6, 2019

If he has recently filed a petition for paternity, you would have 20 days to file a response with the Court in which you can file an answer and counter petition in which you can affirm and deny the allegations he has made in his Petition and state any defenses you may have and request what you... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a magistrate adjust child support at a hearing after a new parenting plan was agreed upon with more overnights?

My ex filed a Petition to Determine Paternity & Related Relief. There's a support order in place since August 2017 but no parenting plan so overnights are not included in the support order. We met with a mediator and agreed on a parenting plan that gives me 134 overnights per year. We both filed a... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 4, 2019

You need to read the paper carefully that tells you to come on January 14. It should say specifically what will be addressed by the court. If it does not mention child support then you should probably file the modification right away. The court will look at her ongoing regular income, not zero... Read more »

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: If I admit to all statements against me in a child support summons can I just pay my part and not get a court date?

I don't want to get a court date and fight the summons. I lost my job and couldn't afford my payments for a couple months, I just recently found employment again but received a child support summons. There is no court date yet. I just want to agree to the statements made against me and pay my part... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 29, 2019

Sure. Contact the attorney who is suing you and ask him or her what you need to do.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Notarized document on a previous agreed child support amount be used against me if I file a child support application

My divorce finalized with a joint custody and an agreed amount. My ex has increased the amount and pressured me in to signing the new agreement. I am having difficulty with the new payments and had to take a second full time job to somewhat keep afloat. I want to go through the court system to get... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 27, 2019

In Florida child support is modifiable until the children turn 18. The amount will be based on each parent's net monthly income. Regardless of what you may have agreed to in the past, the court will do a new calculation based on your current income. The child support formula is part of the law and... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My ex-wife went on disability I was receiving alimony court order collected off 401k
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 26, 2019

You are going to have to expand this question to add another two or three paragraphs of facts before any lawyer will be able to advise you.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Do you have to establish paternity in the same state child was born?

Child was born in Wisconsin but lives in Florida

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

Paternity should be established where the mother and child live. As long as you have been in Florida for six months then you can file here.

View More Answers

1 Answer | Asked in Civil Litigation, Family Law, Adoption and Child Support for Florida on
Q: Need help with FL law in regards to child support termination via adoption. Father wants to sign over his rights.

Mother has full custody and is remarried. Father has already established paternity but lives in NH.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 21, 2019

If the Father is willing to consent to a step-parent adoption, then it is a relatively simple matter to have the child adopted by the step-father and the Father's rights terminated. If, on the other hand, the Father wishes to terminate his rights and leave the child fatherless, this is normally not... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I'm the legally the father of a 3yr oldand have proved paternity. Not married when child was born. I want 50% custody

I have a 3 yr old from a non Martial relationship. I'm the legal and biological father via a signed birth certificate. I want joint custody and 50% time sharing. What's the best first step and overall course of action. Please answer with some detail and not suggest making appt. Once I have a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 20, 2019

Here is my response, in as much detail as you need--at this time:

You will have to file a lawsuit against the person who has full custody.

View More Answers

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Can an individual with limited guardianship for educational purpose apply for or request child support or back support ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2019

"Request child support or back support" from whom and for what purpose?

2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Married to an illegal for 10 months in Florida. She has a 3 year old am I elligable for alimony or child support?
Rand Scott Lieber
Rand Scott Lieber answered on Nov 14, 2019

It is not clear whether you mean eligible or liable. Unless you are a biological parent of the child there will be no child support obligation. You do not provide enough information but in general there is no alimony awarded to either party in a ten month marriage.

View More Answers

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If I remarry can the child come live with me when I relocate? My new spouse is military and the child wants to relocate
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

In Florida, you must file for relocation once you have the information about where you are desiring to move. If the other parent agrees, then a new parenting plan is filed and you can move. If the other parent does not agree, you must ask the court for permission. Relocations are not easily granted... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My daughter is 17 she no longer lives with her mother in Arkansas I have court for child support for my daughter

Can I file answer to court for notice of hearing to let them know this info . My daughter has her own job a daughter she takes care of what will happen please help I live in fl. I sent request for via phone hearing help with info to put on answer

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

You must ensure that you are heard on that day whether in person, telephonically, or through an attorney. I would file a response to whatever has been filed on behalf of the mother where you can advise the court that the child is now emancipated and no longer being supported by the mother.

1 Answer | Asked in Child Support for Florida on
Q: ex wife filed for an extension on child support saying that my daughter is still in high school. Can she do this?

My daughter is 18, has been taking college classes for over a year, and is homeschooled. My Ex wife had a local high school state that that she doesn’t graduate until late next year. She has been homeschooled her whole life without my consent by her mother and my ex wife decides when she graduates.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

It depends on whether this modification request was filed before or after your daughter turned 18. You can demonstrate that the child is not in high school and/or will not graduate prior to turning 19 which leaves the child support as only through the age of 18.

Good luck.

2 Answers | Asked in Child Custody and Child Support for Florida on
Q: If my step children's mother moved out of state and left them with us while having a 5050 timeshare do we get primary?

Last year my husband and I were granted 5050 custody of his children. Recently their mother decided to move home to ohio and leave the kids. Does that mean shes forfeiting her 50% timeshare and we get primary custody? Also we are still paying her 70 a month in child support. we do not want to cause... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 12, 2019

There is no way to do this anonymously. You need to return to court and ask for a modification of the timesharing which in turn will cause a recalculation of the child support. Or do nothing, keep the kids and pay the $70.

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Legal advice about the University dorm policy

My daughter is a freshman at the local University, where she has been assigned a room with girl roommate on campus. Unfortunately, few weeks ago my daughter moved to the boy's apartment on campus and began living with class mates. As a concerned parent, I briefly discussed this situation with my... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 11, 2019

Unfortunately, because your daughter is 18, she is legally an adult. Therefore unless she is mentally incapacitated and in need of a guardian she can make any decisions she wants, regardless of right or wrong. What you can do is cut off financial support if she's making decisions you disagree with.... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I have questions about this child support issue, my husband received a letter from court that the child support would

Stop at age 21 but today he received a submit that they are requesting child support to continue. My husband lose this job a few months ago and not sure what we should do? And can this really be done after your told that child support would stop? And how can I get legal service to help me with this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2019

I'm not sure but I assume that you mean the following:

Your husband received a copy of a court order (what you call a "letter") providing that child support would end when the child turns 21. Now someone (presumably the custodial parent) has filed a motion (what you call a "submit") that...
Read more »

View More Answers

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can my ex request DOR to step in for no reason?

We have a court ordered child support. It comes directly out of my check. Until that was active I was writing her checks for the same amount. Not behind, and never missed. Now she requested DOR to step in and "enforce" it and Im hearing that since I am in arrears they will now intercept my tax... Read more »

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

If you can please explain to me how you can say--in one breath--that you are "Not behind, and never missed" and then in the very next breath tell us that you are "now hearing that since I am in arrears" your ex wants to get DOR involved, I will have much more inclination to take up more of my... Read more »

View More Answers

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: i filled the papers last monday oct 28th 2019 to request sole custody for my 2 girls i need and want to be represented

father is manipulative, irresponsible and negligent i have proof he owes me now 3 months of child support on nov 15th will be 4 months .... and afraid for his reaction when he get serve but i needed to do so ... am basically leaving paycheck to paycheck and with the help i get every once in a while... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 1, 2019

Schedule a consultation with a lawyer near you or contact Legal Aid for assistance.

3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Would all rights to child be forfeited if moving to Canada from USA?

Non-custodial parent with no visitation rights, who actively pays child support and would still pay child support after moving is interested in moving to canada to pursue relationship. If the custodial parent is notified, would his current rights and future rights of custody be null and void if he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 31, 2019

No. In general one does not have to exercise visitation in order to have the right to visitation (it's called "time-sharing" in Florida). However at some point the custodial parent might possibly go back to court and claim that the non-custodial parent no longer has a meaningful relationship with... Read more »

View More Answers

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.