now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?
answered on Feb 1, 2023
You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject... Read more »
My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... Read more »
answered on Jan 31, 2023
Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for... Read more »
The new job will be less money. Would that warrant a change in child support?
answered on Jan 24, 2023
Child support is modifiable, up or down, until the children turn 18. You can change your income as long as you have a valid reason and it the change in income is reasonable. For example, you can't quit your $100K job to take a minimum wage job. Speak with a local family lawyer for more... Read more »
My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... Read more »
answered on Jan 18, 2023
Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... Read more »
I need it in order to get a job that pays decently.
answered on Jan 17, 2023
You need to file a motion to reinstate your DL. You may need to explain to the judge that you need to drive to work. The court wants you to pay your child support. Speak with a local family lawyer for more specific advice.
answered on Jan 6, 2023
The child support calculation takes into account each parent's income as well as the overnights with each parent. There is a sliding scale adjustment as you get closer to 50/50 but that does not mean that there is no child support due. Speak with a local family lawyer for more specific advice.
I hadn’t even started my first job at the time so how was the amount calculated? My mom passed away when I was a child and my dad passed away when I was 18 six weeks before the birth of my second daughter with my now wife which is around the time I was put on child support and because of the... Read more »
answered on Jan 6, 2023
You have asked several different questions and should probably look for a free consultation with a local family lawyer. Regarding income, a person with no job is generally imputed minimum wage. This means that the court assumes that you are earning at minimum wage, even if you are not. Regarding... Read more »
The father has the child and pays $2.00 monthly per court order. the father reopened the case, which is pending Mediation, can he go to Depart of Revenue Child support program and have them put on new case for child support from the mother if there's already a judge court order for him to pay... Read more »
answered on Jan 3, 2023
If the Department of Revenue has started a separate case you may need to ask the court to consolidate the cases. Whichever case began first would normally take precedence. You do not need to litigate child support in two separate cases. Speak with a local family lawyer for more specific advice.
I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... Read more »
answered on Dec 28, 2022
There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.
2 previous restraining orders against him.
He left Georgia at 14 to come to FL. After 1st restraining order, my son was 8 months old and I received a letter stating that they have been looking for him for over 3 years. Indicating to me he possibly has a child back in Georgia that he fleed... Read more »
answered on Dec 10, 2022
Apparently, you are seeking another restraining order. You could ask the person who sent you the letter for more information. But chances are that such information would be irrelevant with respect to your current application and/or would be inadmissible as hearsay.
answered on Dec 8, 2022
You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.
I was dating a girl and she suddenly broke up with me and there was no communication. After 6 months she contacted me to tell me she was pregnant with my child and I ruined her life and she wanted nothing to do with me. I have tried to get in contact with her to meet my son however she has blocked... Read more »
answered on Nov 30, 2022
The best way for you to force the issue is to bring a paternity case against her. You would probably need to go to court in Georgia where the child lives. Step one would be to request a DNA test and then go from there. Speak with a local family lawyer for more specific advice.
The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.
answered on Nov 28, 2022
You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.
I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... Read more »
answered on Nov 28, 2022
You can file it online, using Florida's E0filing Portal:
https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx
Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.
answered on Nov 23, 2022
You can file your supplemental petition where you live and/or preferably where the child lives. Assuming that all legal issues have been in Florida you can attach the original order to your petition as an exhibit. Relocation can be complex so speak with a local family lawyer for more specific... Read more »
answered on Nov 3, 2022
If you have an active warrant you can be arrested anywhere, including another court hearing.
My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?
answered on Nov 3, 2022
You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of... Read more »
Child support agreement.The mother lawyers are being rude, won't answer any questions due to the missing of one payment the price is ridiculous so I am wanting to ask if i we can continue the case with out the lawyer they have already because they put into withdraw. Would the mother be able to... Read more »
answered on Oct 25, 2022
No person is required to have a lawyer to pursue a divorce case. The question that you have asked is very broad. My recommendation is to speak with a local family lawyer for more specific advice. Look for someone with a free consultation.
Initial decree had father/non-custodial, 4 years later father got court order custody. Child left back with non-custodial parent/mother (never changed court order), child left at 19, now is 21 demanding continuation of child support to the custodial parent/father.
answered on Oct 18, 2022
You need to carefully read the original order and what it says about termination. In Florida child support ends at 18 or high school graduation. If your order is from another state it may extend child support to 21. Speak with a local family lawyer for more specific advice.
answered on Oct 6, 2022
Child support is based specifically on each parent's income. Unless paying off the loan will increase your income (the amount of money you earn, not spend) then there will be no change. Speak with a local family lawyer for more specific advice.
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.
