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Florida Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Florida on
Q: Escalating child support delinquency to a felony in the State of Florida?

Who enforces - local law enforcement or the Judge during a court case?

Rand Scott Lieber
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answered on Mar 11, 2024

Failure to pay child support is not a felony in Florida. It is generally not a crime at all. It is a matter in circuit civil court. Under certain circumstances you can be jailed for not paying but you must have the money available to pay prior to being jailed. Speak with a local family lawyer for... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If I’m paying child support, but both recipients are over the age of 18 can I go to jail for not paying back child suppo
Rand Scott Lieber
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answered on Mar 8, 2024

If you have a child support obligation then it can be enforced until it is paid, regardless of the age of the children. Regarding jail, there would have to be a motion for contempt and a finding that you have the ability to pay. You can only be jailed if you have "the keys to the cell."... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am paying over $400.00month child support,yet I’m still only allowed 2hrs a week supervised,is there any recourse?

To sum things up my wife made false domestic violence allegations against me with no evidence of abuse, the courts were sympathetic to her and now I haven’t seen my daughter in 3 years, I don’t have a lot of money, Iv had to start over from scratch, I just want to see my daughter.

Rand Scott Lieber
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answered on Mar 5, 2024

You need to return to court to ask for more time with your child. The child support and the timesharing are not directly related. File a motion explaining your reasons for wanting more time. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex stopped paying alimony & didn't modify anything with court 1 yr 3m ago under his own will.

Because of a trial live in boyfriend of four months. That relationship ended after four months which was a year ago now. That ex only zelled money for rent inconsistently. Nothing else. My ex said he doesn't have to pay alimony any more because I was in a supportive relationship. I... View More

Rand Scott Lieber
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answered on Mar 4, 2024

You need to return to court on a motion for enforcement and contempt. Your brief supportive relationship by itself did not automatically alter the alimony obligation. You are still owed alimony and child support if that is what the current court order says. Unless and until there is a different... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: How to get child support before filing divorce

Husband and I have one child together, married 14 years. Separated due to husband bad bipolar behavior. He took me off of health and dental insurance, without me knowing.

I need child support while Separated. What do I need to do?

Rand Scott Lieber
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answered on Mar 4, 2024

You can file a Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren). There is a free form available online12.904(a)(1) This addresses your specific situation where you are separated but not divorcing (at this time). Speak with a local family lawyer for... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Can back child support be stopped if my ex goes to fed prison?

I have paid back support for years to my ex for my youngest son. He is now going to be in a federal prison for life. My oldest son and I are moving my youngest son from Ocala to Jacksonville with my granddaughter. We have bought food for the household because there was no income coming in the... View More

Rand Scott Lieber
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answered on Feb 26, 2024

This answer is based on Florida law.

First, a stoppage is not automatic. You can file a motion with the court that issued the child support order explaining why the arrearage is no longer necessary. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What happens if the non-custodial parent moves to Puerto Rico to avoid paying child support in FL?

He doesn't own a vehicle nor does he have a driver's license

Rand Scott Lieber
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answered on Feb 18, 2024

The child support obligation will continue to accrue like any other debt. At some point you can return to court and get a judgment against the obligor (the one who owes). Unfortunately you are correct that if the payor never has money or traceable income it will be difficult to collect.... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is there any recourse for noninvolved biological parent paying child support?

Father learned child existed when age 2 or 3. Paternity confirmed and support judgement put in place. Usually taken from paychecks. Father has not ever seen, met or provided any coparenting for child. Mother moved out of state. Since being unemplyed payment stopped, driver's license... View More

Rand Scott Lieber
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answered on Feb 13, 2024

The short answer is that there is no way for you to get completely out of your child support obligation. You can definitely return to court and ask to have your drivers license reinstated. You can ask the court for a modification if you are not already paying the minimum. The court will not allow... View More

2 Answers | Asked in Civil Litigation, Child Support and Family Law for Florida on
Q: Can my wages be garnished if I am a 1099 employee making less than 750 per week. My gross was 33K and AGI is 21K for 23

I am also a stage 4 cancer patient with two children living with me ages 16 and 14

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

The creditor is entitled to a garnishment. In Florida, the debtor has exemptions to the garnishment action, which the debtor must declare and prove at a hearing on those exemptions. If a garnishment action is filed, the action is directed to the debtor's employer, who must immediately withhold... View More

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is he required to continue child support agreed through mediation until we get accurate information?

We had mediation for time sharing and child support my income was more than half less than what mediator put I vacated the order.

Rand Scott Lieber
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answered on Feb 8, 2024

Both parties are required to follow any court orders that are in place. If you had the child support order set aside then there is no specific obligation. However, when child support is established there will be a retroactive component owed. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Me and my wife ex-wife agreed to terminate child support because my son is 29 years old what form do I need to have her

Fill out and what does procedure for filing it

Rand Scott Lieber
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answered on Feb 7, 2024

You need a written agreement from your former spouse waiving the outstanding balance. Then you can file the agreement with a motion to terminate child support. You need to file with the court that issued your current child support order. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can't afford a lawyer,can I request full custody of child on my own?Father lives abroad,not co-parenting, no childsuppor
Rand Scott Lieber
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answered on Jan 30, 2024

You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: What is process for gaining child visitation when no parenting plan was included with Final Child support order (Florida

Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More

Rand Scott Lieber
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answered on Jan 8, 2024

It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More

1 Answer | Asked in Child Support for Florida on
Q: After one year of divorce my ex wife now wants to redo our support agreement. Can she do this?

She just finished aesthetician school and states she is only making $12,000 a year versus our agreement is based off for making 45 which is what an aesthetician would normally make for the year. Can she do this and if so, what’s the process?

Rand Scott Lieber
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answered on Dec 14, 2023

Child support is always modifiable until the child emancipates (turns 18). A parent asserting a reduction in income would have to justify that reduction. If a person is qualified to earn $45K and there are jobs available for $45K then they cannot justify to the court earning $12K (which is actually... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: How long does take to receive a payment from child support when Social security takes a lump sum payment for child supp
James L. Arrasmith
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answered on Nov 13, 2023

In Florida, the time it takes to receive a child support payment after Social Security has taken a lump sum for child support can vary. This process often depends on several factors, including the efficiency of the Social Security Administration (SSA) and the state child support enforcement agency.... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Mental Health Consent for Minor Child

Florida. Parenting plan states mental health must be mutually agreed. Agreement for provider was reached. Child has been actively going to sessions for several months. Non Custodial parent now states they no longer consent to child seeing provider and is demanding the primary parent to change... View More

Rand Scott Lieber
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answered on Oct 31, 2023

The current law is that either parent my consent to mental health counseling for child. If child is already in counseling by agreement then the parent that wants a change must go to court if no agreement can be reached. Otherwise child continues with current provider. Speak with a local family... View More

3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
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answered on Oct 30, 2023

As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More

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3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
T. Augustus Claus
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answered on Oct 30, 2023

A court cannot force you to have health insurance on yourself. However, there are some exceptions to this general rule. For example, a court may order you to have health insurance if

you are a parent and must provide health insurance for your child as part of a child support order....
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1 Answer | Asked in Real Estate Law, Child Support and Family Law for Florida on
Q: I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the

I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement

Rand Scott Lieber
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answered on Oct 23, 2023

You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More

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