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Florida Child Support Questions & Answers
3 Answers | Asked in Divorce, Child Support, Child Custody, Foreclosure, Family Law and Real Estate Law for Florida on
Q: What steps should I take if my ex isn't following the divorce decree?

My ex-husband is not complying with our divorce decree. He refuses to use the court-ordered Talking Parents app for communication when visiting our kids. He stopped making payments on the marital home, forcing me and the children to move due to foreclosure. Additionally, he hasn't made child... View More

Connor J. Frontera
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answered on Nov 2, 2025

You can and should file a motion for contempt with the court. A motion for contempt lets the court know that the other party is not complying with the previous court order. Make sure to gather all evidence so that when it comes time to present the evidence to your lawyer or court, you already have... View More

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2 Answers | Asked in Child Support, Civil Litigation and Family Law for Florida on
Q: Can DOR arrest for arrears after child's emancipation?

I am involved in a paternity case where the dependent child has been emancipated since 2015. The Department of Revenue has informed me about arrears totaling $37,000. In 2020, the case became applicable for prosecution by the Department of Revenue because the other parent started receiving state... View More

Stephen Arnold Black
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answered on Oct 8, 2025

An order for back due child support does not become void when the child is emancipated; you remain responsible for any delinquent payments. However, if you dispute being the biological father, you should request a DNA test. If the results support your claim, you can then file a motion with the... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Should I route extra child support through the website for accountability and address custody issues?

I have 50/50 custody of my daughter with my ex. However, about six months ago, my daughter stopped spending time with me. I've been giving extra financial assistance directly to my daughter's mother in addition to the court-ordered child support. We are not on speaking terms and disagree... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2025

Based on your description of the relationship you should be sending all support through the depository. Regarding timesharing, if the mother will not cooperate then you need to file a motion with the court for you and your daughter to go to therapy. Alienation is a tricky issue so it is important... View More

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2 Answers | Asked in Child Support, Public Benefits and Family Law for Florida on
Q: Can I block my daughter's father and refuse contact without court order?

My daughter's father is not listed on her birth certificate, and he has been absent from her life. I received a letter about child support, stating I could lose my EBT/SNAP benefits if I don't respond. I haven't returned the letter yet. Given his lack of involvement, am I allowed to... View More

Vanette Augustin
Vanette Augustin
answered on Aug 29, 2025

I would not advise that you do that as it may be used against you in a custody action.

If a parent wants to establish time with the child, and there is nothing in their contact that would be detrimental to the child, then you should not be blocking access. There are 16 factors under...
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2 Answers | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Struggling with child support and parenting plan modification in FL.

My son's father has recently hired an attorney, and I'm struggling with a child support issue. My son is currently living with me, but I can't afford to both support him and pay child support as required by the current court order. I've attended a child support hearing to... View More

Veronica LaVerne Robinson
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answered on Aug 9, 2025

Yes, this is troubling and one in which I do not have an immediate answer because the scenario you described is unclear. It sounds like the current court ordered parenting plan requires your son to live with the father for 100% or majority timesharing and you are the person obligated to pay child... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my friend be jailed for refusing visitation in a Florida paternity case?

I'm looking for legal advice for a friend in Florida, Duval County. He was named in a paternity suit as the father of a child born in 2024, with court orders for child support and visitation, despite no court-ordered paternity test. The paternity result was based solely on an at-home swab and... View More

Destardes Moore
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Destardes Moore
answered on Aug 3, 2025

Incarceration is a potential remedy in Florida through contempt proceedings if he willfully fails to comply with court orders. However, he may petition the court to address the paternity question under Florida Statutes, request modification of visitation due to harassment and changed circumstances,... View More

1 Answer | Asked in Child Support, Child Custody, Gov & Administrative Law and Family Law for Florida on
Q: Child support case petitioner seeks advice on final judgment after respondent default and hearing preparation.

I'm the petitioner in a child support case where an administrative order by the Department of Revenue was issued, requiring me to pay $1000 a month to the mother of my child. A week after this final order, I filed a petition in circuit court for a Timeshare Parenting Plan and child support.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2025

Unfortunately defaults on issues involving children do not carry much weight. You need to be prepared to present the parenting plan and timesharing that you want to exercise moving forward. Child support, administrative or otherwise, is based on each party's net income. Have an up to date... View More

2 Answers | Asked in Tax Law, Child Support and Family Law for Florida on
Q: Can my husband face arrest for not paying taxes for 10 years as a 1099 employee?

My husband, a commercial over-the-road truck driver, hasn't paid taxes in 10 years and is a 1099 employee. He's received multiple documents from the IRS, but he hasn't made any attempt to resolve the issues. He was paying a substantial amount of child support until last year and paid... View More

William T. Harmon
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answered on Jun 15, 2025

Your husband could face arrest and criminal prosecution for not paying taxes for 10 years as a 1099 employee if the IRS determines his failure was willful and egregious. However, if he voluntarily files his returns and works with the IRS to resolve his liabilities before being notified of a... View More

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2 Answers | Asked in Child Support, Civil Litigation and Family Law for Florida on
Q: What form is needed to revisit child support contempt order due to new medical evidence of inability to work?

I was found in contempt of court in a child support case due to my inability to provide evidence of my inability to work at the time of the hearing. Since then, I have obtained medical records indicating a diagnosis of traumatic brain injury (TBI), neuropathy, progressive neuropathy, mental... View More

Veronica LaVerne Robinson
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answered on Jun 9, 2025

Motion to Vacate Contempt Order.

Base it on newly discovered evidence. However, your best bet is to apply for and receive Social Security disability benefits. If the government grants your SSDI application, they will provide half of your benefits to your children, which is likely more than...
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2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: Will I receive anything from my spouse's property after divorce in Florida?

I'm going through a divorce and have been married for two and a half years in Florida. My name is not on the deed to the house, which my spouse owned before our marriage. We have two kids, and I have contributed to the maintenance and improvement of the house during the marriage. There is no... View More

Veronica LaVerne Robinson
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answered on Jun 8, 2025

If, during the marriage, you helped pay for the mortgage, property taxes, repairs, renovations, or general upkeep—whether through direct payments or contributions of marital income—then the increase in the home’s value caused by those efforts may be considered marital. That portion is known... View More

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: How can I pursue a legal custody agreement and address co-parenting and domestic violence challenges safely?

I co-parent with my child's paternal grandmother instead of his father, who hasn't worked for over a year despite having several skills. I'm the primary caregiver according to child support documents, but there is no legal custody agreement, and he's ordered to pay $0 in child... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 4, 2025

You do have options under Florida law to pursue legal custody, establish parental responsibility, and protect yourself and your child even with a past felony or the father’s veteran status. Although you're currently co-parenting informally with the child’s paternal grandmother and the... View More

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2 Answers | Asked in Child Custody, Child Support, Contracts and Family Law for Florida on
Q: What should we do if the child's father, not legally established, threatens custody over visitation disagreements?

My daughter is not married to the father of her 5-year-old daughter. She recently signed a Power of Attorney of a Child for my husband and me, allowing us to care for her daughter. The father is named on the birth certificate but has not legally established paternity. The child has been living with... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 25, 2025

Tha father’s threats are meaningless until he files a paternity action in court. At that point he will be responsible for child support going back two years and forward. He will also be entitled to a parenting plan which will include a specific schedule for timesharing (visitation). Speak with a... View More

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: Am I obligated to continue child support if my daughter re-enrolls in school at 21?

I have been paying child support for my daughter for 21 years. According to the agreement, I am obligated to pay until she turns 21 unless she is enrolled in school. She previously flunked out of college, but just before the last payment, my ex informed me that she re-enrolled in school and is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 20, 2025

You need to read carefully the court order on child support. If the child was 21 and not in school then you can probably stop paying. Let the other parent take you to court and prove that you do still owe child support. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Car Accidents, Child Support, Civil Litigation, Personal Injury and Family Law for Florida on
Q: Can child support be taken from car accident lawsuit winnings in Florida?

I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 14, 2025

Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can I secure equal rights to my children if my relationship ends in Florida?

I have two children with the same woman, and we are not married. My name is on both birth certificates. Our relationship seems to be ending, and I want to ensure I have equal rights to our children if we split up. Currently, we have no formal visitation arrangements, but we live together and share... View More

Daniel A Bachert
Daniel A Bachert
answered on May 5, 2025

By being named on the birth certificate you are recognized under Florida Law as being a natural guardian of the children with the same parental rights and responsibilities as the mother. However, that just means that each of you as parents have the right to deny the other parent access to the... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Daniel A Bachert
Daniel A Bachert
answered on May 2, 2025

The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 1, 2025

If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Seeking advice on sole custody application and parental rights termination in Florida.

I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More

Veronica LaVerne Robinson
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answered on Apr 28, 2025

Thank you for your question. Based on what you described, you may have strong grounds to seek sole parental responsibility (what Florida calls "custody") because of the father's long absence. However, because there is an existing New York child support order, it’s important to... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Seeking advice on sole custody application and parental rights termination in Florida.

I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More

Daniel A Bachert
Daniel A Bachert
answered on Apr 28, 2025

From what you describe you basically have sole custody of your daughter now, so I'm not quite sure what you are hoping to gain by filing an action for the same. While it is true that the father is free to file a Petition to establish his parental rights and obtain time sharing any time he... View More

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4 Answers | Asked in Divorce, Child Support and Family Law for Florida on
Q: Am I entitled to support from my wife if she wants a divorce?

I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 26, 2025

The legal standard for spousal support is financial need and ability to pay. You can definitely ask for spousal support. 28 years is a long term marriage. A support award will be based on how much each party earns, or can earn. Speak with a local family lawyer for more specific advice.

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