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Florida Child Support Questions & Answers
1 Answer | Asked in Child Support for Florida on
Q: I have a child on the way, the mother and I don’t get along. Is there anyway I can legally avoid child support? Could

(Is this possible)Can I legally get a document notarized saying “I will not pay child support.” And if she signs she agrees, will it protect me from child support. If she signs but still pushes for child support etc will she face legal actions?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 22, 2022

No, a waiver of child support by the custodial parent will probably not hold up, should she later seek it.

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can we create a parent plan without going to court in Florida?

Mother lives in Fla, father lives in Ga

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Power of attorney over a minor child

If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: if i were to file for termination of parental rights to a parent who was never really there would the judge grant it

if i were to file for disestablishment of paternity or closing of a child support case and can prove that the bio dad has had nothing to do with her the last about to be 10 years would they terminate his parental right?

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Apr 15, 2022

If a court has determined that the child is dependent and a case plan has been submitted, but the child continues to be abused, neglected, or abandoned, the father's rights might be terminated.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Woman taking child support out on me saying she is childrens grandmother but in fact she gave her son up for adoption 7

was ordered to pay child support but just recently givibg information that the grandmother taking support out on me is in fact not there legal grandmother she originally gave there father up for odoption when he was 7 so no loger legally my childrens fathers mother can i do anything legally and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2022

I don't know what you mean by "taking child support out", but if you are the parent of the child or children, you have to pay child support which, will go to someone. If this woman takes care of the children, she is entitled to the child support, even if she isn't their "legal grandmother".

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How does a person go about responding to a summons they have been served with that has to do with sole custody?

I was served with a summons to court who my oldest daughters dad filed. If I have paperwork that states I have already been named as the sole custodial parent to my daughter can she still be removed from me? If I also have no history of being committed into a mental health facility but the other... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 12, 2022

You need to file an Answer (paper) with the court stating exactly what you have described above. The legal standard is what is in the best interests of the child. You need to spell out in your paper why it is in the child's best interest to stay with you. Generally it is better to focus on why... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Can a father file for custody, unmarried but on birth certificate, with agreed upon overnights, visitation, holidays?

Currently co habitating with the mother of my 3 children age 4 and twins- 2 y/o. Mother has demanded disolution of relationship of 6 years. Mother is unemployed and I've supported the family 100% for 6 years including her 16 y/o son. I wish to be custodial parent with 80+% overnights. No... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 8, 2022

You need to file a Petition for Paternity. The court will establish a timesharing plan (custody) that is in the best interests of the children. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Can my friend go against his dad to not have custody of him?

My Friend he is a minor. His dad kicked him out of the house and used to abuse him mentally. His dad has told him he would put a restraining/ no contact order on him and his brother so he couldnt be near either of them . The dad never gave up his custody so he is still under his wing. I thought... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2022

Your "Friend" has very limited civil law rights to do anything to change the existing legal support order because your friend is still a minor.

However, if the circumstances at home are really as bad as they say, the Florida Department of Children & Families might be able to...
Read more »

1 Answer | Asked in Child Support and Divorce for Florida on
Q: What constitutes a legally separation in fl and when does the majority parent get child support?

Husband is gone Monday thru Friday he comes home Friday afternoon around 5 pm and leaves around 3am Monday morning. He wants to stay in the house because he said we can’t afford two separate places. If I leave on the weekends will this hurt me getting custody of the kids every other weekend? Also... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 29, 2022

There is no "legal separation" in Florida. If you are considering an agreement like the one you have described you should at a minimum get it in writing. If the two of you continue to live in the same house without a formal divorce then it is unlikely that child support would be awarded.... Read more »

1 Answer | Asked in Child Support for Florida on
Q: While on child support, can I put someone else on child support
Rand Scott Lieber
Rand Scott Lieber answered on Mar 28, 2022

Every child of divorced or unwed parents is entitled to child support. If you are a biological parent in this situation and you are caring for a child you can pursue child support against the other biological parent. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Will my ex win Child support reinstatement?

Child turned 18 on October 21, 2021. Child support was terminated on December 2021. Child turns 19 on October 21, 2022 but will not graduate until May/June 2023 (7mos after turning 19). Ex is asking that Child support be reinstated until their adult child graduates and is asking them to extend it... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 17, 2022

This answer assumes that your final judgment for child support is from Florida. You need to read your final judgment or marital settlement agreement carefully to see when child support ends. If the legal papers are silent then child support ends on the eighteenth birthday. You have not presented... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: What do I do when the Brevard county clerks office shows I owe, but child support enforcement says I am paid in full?
Rand Scott Lieber
Rand Scott Lieber answered on Mar 11, 2022

Get something in writing from child support enforcement and file it with the court. It is possible that you will have to request a hearing to resolve the discrepancy.

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1 Answer | Asked in Child Support for Florida on
Q: What legal reasons both Child Sup Agencies PR & FL terminated payments?

I RCVD 2 Court Order (PR) & (FL) terminating Child Sup without any justification after 7 years. The child still a minor. I had always informed them that was not my child & had requested since them a paternity test which they never did. How may I find the reason(s) & can payments be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 10, 2022

Contact the clerks of the respective courts and ask if the orders were entered in response to motions filed. If so, request copies of such motions. For the Florida order, you can view the docket by googling the web site for the clerk of court for that county.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is it possible for me to pursue sole custody if the other parent has been convicted of attempted murder?

I opened a case for child support shortly after my child was born. I have experienced abuse during and after the pregancy from the father. I have ask him to leave multiple times he has left however continues to threaten me that he is going to get half custody of our child. I did not know he had a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 3, 2022

He has merely threatened to sue you? Until he does, he doesn't have any rights regarding child custody. And IF he does, a likely prison sentence would obviously prevent him from exercising visitation, at least until he is released. It's not clear what you are worried about.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: How can I stop FL from reporting my arrears to the credit bureaus as delinquent and as a collection?

I live in FL but my child support order is from AL with an arrears amount that was awarded in the most recent order. I have been paying that amount as ordered but it continues to grow because of interest. Last year FL was asked to collect and enforce the child support order but an IWO was already... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 2, 2022

If what they told the credit reporting agencies is not correct, advise those agencies in writing of the true situation.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Is Florida's child support system different from Alabamas
Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2022

Child support calculation is unique to every state. However, child support enforcement is the same or similar in every state.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Is my Fiance's ex able to use my income when determining Child Support, if we decide to get married? Currently his

Child support is based only off his income. Will that change once we are married? I make substantially more then he does.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2022

No, child support is calculated based on the parent's net incomes. Income from a new spouse does not change that.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Florida on
Q: How much jail time can a first time offender receive if charged and convicted?

My ex just walked up into my home put his hands on me,, then proceeded to drag my daughter from her room. He was arrested and charged with burglary of an occupied dwelling with assault and battery, a first degree felony, he took off with my phone, so he was charged with petty theft and also charged... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 26, 2022

Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim... Read more »

2 Answers | Asked in Child Support and Divorce for Florida on
Q: Help with divorce Mediation?

Florida

Friday my wife text me saying be ready for mediation on Tue. I was confused, checked email.

She sent me her paper work and the court sent me a mediation letter. I was supposed to make the payment, fill out a questionnaire and notorized financial affidavit 10 days prior to... Read more »

Justin Gary Hausler
Justin Gary Hausler answered on Feb 21, 2022

Do you know in which county the case is filed? Do you have a case number or any pleadings? Get a consultation ASAP

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