Florida Child Support Questions & Answers

Q: My ex wife ( custodial parent) just dropped my 16 year old son off on my doorstep with all of his belongings.

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 29, 2016

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.
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Q: How can I request a hearing after I recieved a letter ordering me to pay child support to prove paternity

1 Answer | Asked in Child Support for Florida on
Answered on Aug 28, 2016

Who was this letter from? Was it from the Florida Department of Revenue, or from the court?
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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

1 Answer | Asked in Child Support for Florida on
Answered on Aug 27, 2016

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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Q: I live and employed in Florida. My child support case is in Ny. I have a question on health insurance

1 Answer | Asked in Child Support for Florida on
Answered on Aug 27, 2016

Normally, only parties to a case are bound by orders issued in that case. So your employer would not be "court-ordered" to insure your children; although you apparently are. The order was probably sent to your employer as a courtesy, for their records.
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Q: Can you modify cs arears payments ? I pay $880 a month ..need it lower to live .

1 Answer | Asked in Child Support for Florida on
Answered on Aug 24, 2016

No, you cannot retroactively lower the amount of a child support judgment against you. Have you considered a Chapter 13 bankruptcy filing which may perhaps allow you to spread the past-due child support over a longer period of time?
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Q: What happens to back child support when the child passes away?

1 Answer | Asked in Child Support for Florida on
Answered on Aug 24, 2016

Your husband owed the obligee (the child's mother, I assume). The obligee, as the person with primary custody, supported the child during the time during which the back child support accrued. Thus he still owes it.
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Q: My ex wife pays me child support payments.

1 Answer | Asked in Child Support for Florida on
Answered on Aug 24, 2016

Unless you seek to enforce the child support order, the court will not act. If, were you to seek enforcement anyway, the court might refrain form enforcement. I see no need to modify the agreement under these circumstances.
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Q: Who has custody if there is no custody agreement in place?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 23, 2016

If you were never married to the biological father and there is no order on time-sharing, then you are, by default, the parent with all the time-sharing and sole parental responsibility. The father does not have any rights to time-sharing until there is a parenting plan with time-sharing schedule established as part of a paternity action. If the father refuses to return the child, you may want to consider filing a verified motion for child pick-up order.
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Q: If the mom is making more money than dad, but she's the only one paying for all the expenses.Can she files for child sup

1 Answer | Asked in Child Support for Florida on
Answered on Aug 23, 2016

Yes. Both parents have a legal obligation to financially support their child. If one parent makes less than minimum wage, at the very least minimum wage would be imputed. Also, daycare costs, if any, health insurance costs would also be taken into account when child support is established.
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Q: What will a audit on child support find ? I requested one this week

1 Answer | Asked in Child Support for Florida on
Answered on Aug 20, 2016

An Audit should show the assessments and payments and if they were done correctly.
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Q: Can i go to jail for not paying child support if i gave up my rights with dcf. I got a letter today. Need help now.

1 Answer | Asked in Child Support and Criminal Law for Florida on
Answered on Aug 19, 2016

Just because your children were taken away from you by DCF doesn't mean that you don't have the obligation to pay child support. I assume the child support case (contempt motion, apparently) is in Bay County and you are in Manatee Co. See if it is possible to attend by telephone.
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Q: Can I divide C/S on the 1st/15th of the month to meet my per month obligation? Or, C/S must be paid on the 1st only?

1 Answer | Asked in Child Support for Florida on
Answered on Aug 18, 2016

I believe that the intent of the language "on the 1st of the month" is that you should pay the $1,373.08 per month no later than the first of each month. If you schedule October's payment so that, for example, half is paid mid-September, and the other half is paid October 1st, that should be fine.

I use October as an example because mid-August has come and gone; September would be a confusing example.
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Q: Is it easier for a father to win a custody battle if the child has only been living with me for a few days?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 18, 2016

Each case for custody is decided on the bests interests of the child and Florida Statute 61.13.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com
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Q: What to do if my children's father is arrested and we have shared custody?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Answered on Aug 18, 2016

File a petition for sole custody.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com
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Q: Can some one who has ssi for another child pay child support and how. Can I terminate my rights to my children

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 18, 2016

You cannot just sign off on your kids there has to be an adoption or a court order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com
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Q: I just lost my job. What do I do about my child support payments if I can't afford them.

2 Answers | Asked in Divorce and Child Support for Florida on
Answered on Aug 16, 2016

You need to pursue a supplemental petition to modify your child support; the relief is usually retroactive to the date you filed your petition and so you want to file right away.
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Q: Can I request sole custody, alimony/spousal support and child support without filing for divorce in FL?

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Answered on Aug 14, 2016

No. What you are asking for is a legal separation, which is not an available remedy in Florida. File for divorce and child support.
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Q: I am the legal parent, my exhusband owes over $30k in child support arrears.Does he still owe these to me in her death?

1 Answer | Asked in Child Support for Florida on
Answered on Aug 12, 2016

Yes, he is still responsible.
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Q: My wife and I are married, but we have been separated, live in two separate states..

1 Answer | Asked in Child Support for Florida on
Answered on Aug 11, 2016

Yes, this is legal. A husband is presumed to be the father of children born to his wife during the marriage. You need to bring an action to dis-establish your paternity.
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Q: If a child turns 18 in the middle of a month, does child support need to be paid for that month?

1 Answer | Asked in Child Support for Florida on
Answered on Aug 11, 2016

No, it would not be pro-rated unless pro-rating is specified in the decree.
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