Florida Child Support Questions & Answers
Q: My husband passed away and he had life insurance.Can child to get a part of incurance?
1 Answer
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in
Child Support, Family Law and Insurance Defense
for
Florida
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Terrence H Thorgaard's answer
If the life insurance had the brother named as beneficiary, you and your daughter would not be entitled to the insurance proceeds. Your daughter's uncle has no duty to support her.
If the life insurance had the brother named as beneficiary, you and your daughter would not be entitled to the insurance proceeds. Your daughter's uncle has no duty to support her.
Q: How do I modify child support payments if I reside in Florida, but the case was filed in Puerto Rico.
Terrence H Thorgaard's answer
Assuming that there is an order from a Puerto Rican court requiring you to pay child support, and no action filed in Florida for the purpose of enforcing the order, there is nothing you could file in Florida; a Florida court would not have jurisdiction. Ask your question in Justia › Ask a Lawyer › Puerto Rica › Family Law ›.
Assuming that there is an order from a Puerto Rican court requiring you to pay child support, and no action filed in Florida for the purpose of enforcing the order, there is nothing you could file in Florida; a Florida court would not have jurisdiction. Ask your question in Justia › Ask a Lawyer › Puerto Rica › Family Law ›.
Q: My 15 year old stepson recently moved in with us. How can my husband stop paying child support to his mother in PR?
Terrence H Thorgaard's answer
He should himself notify the child support agency in Puerto Rico (which I assume is called ASUME).
He should himself notify the child support agency in Puerto Rico (which I assume is called ASUME).
Q: After a child support modification due to losing the job, who is responsible to do the paperwork to get another
Rand Scott Lieber's answer
Whichever party wants to modify the child support must go to court with the request.
Whichever party wants to modify the child support must go to court with the request.
Q: i am having a child with a woman that lives in california i live in florida
Terrence H Thorgaard's answer
The Uniform Child Custody Jurisdiction and Enforcement Act is designed to answer those questions. Basically, it's decided by the courts of the state where the child has lived for six months (or the greater part if his/her life if under six months). Such court, once suit has been filed, retains jurisdiction even if the child is moved. It's the law in Florida, California, and almost all of the other states. See:...
The Uniform Child Custody Jurisdiction and Enforcement Act is designed to answer those questions. Basically, it's decided by the courts of the state where the child has lived for six months (or the greater part if his/her life if under six months). Such court, once suit has been filed, retains jurisdiction even if the child is moved. It's the law in Florida, California, and almost all of the other states. See:...
Q: How is child support calculated in Florida? My baby daddy gives me $300 a month for our 4 yr old son.
Rand Scott Lieber's answer
Child support is based on each parent's net income. The formula is part of the law. If you know approximately how much the father earns you can do the calculation yourself to see how close it is to $300.
Child support is based on each parent's net income. The formula is part of the law. If you know approximately how much the father earns you can do the calculation yourself to see how close it is to $300.
Q: The father of my daughters is an active E7 in the army. He has never pay child support throw court just directly to me
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Sep 2, 2018
Answered on Sep 2, 2018
Terrence H Thorgaard's answer
It's unclear what you want to know. Is there some sort of child support order requiring him to pay you child support? it doesn't appear that the Texas courts would have jurisdiction to award child custody, the children not having lived there. Are you saying that he is threatening to take the children because you can't support them? Perhaps you should sue him in Florida, for increased child support.
It's unclear what you want to know. Is there some sort of child support order requiring him to pay you child support? it doesn't appear that the Texas courts would have jurisdiction to award child custody, the children not having lived there. Are you saying that he is threatening to take the children because you can't support them? Perhaps you should sue him in Florida, for increased child support.
Q: 2017 my ex n I decided to cohabitate w/ our 2 minor children under 1 roof. He still pays child support, is that okay?
Rand Scott Lieber's answer
The child support order is an order of the court that remains in effect until either parent goes to court to change it. Going to court is up to you.
The child support order is an order of the court that remains in effect until either parent goes to court to change it. Going to court is up to you.
Q: My child father is on child support in FL. He is not on Birth certificate and denied DNA test Does he have rights 2child
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Aug 27, 2018
Answered on Aug 27, 2018
Rand Scott Lieber's answer
He does have rights but he must go through the court to exercise his rights. If there is no parenting pan or other court order on timesharing then you, the mother, have 100% of the time until he goes to court to change that.
He does have rights but he must go through the court to exercise his rights. If there is no parenting pan or other court order on timesharing then you, the mother, have 100% of the time until he goes to court to change that.
Q: Is a non-custodial father required to pay child support past the age of 18?
Terrence H Thorgaard's answer
If you want to know New Jersey law, ask your question in Justia › Ask a Lawyer › New Jersey › Child Support ›. But for Florida, he is so required if that's what the child support order provides.
If you want to know New Jersey law, ask your question in Justia › Ask a Lawyer › New Jersey › Child Support ›. But for Florida, he is so required if that's what the child support order provides.
Q: Can my child mother hold my child and not let me see him or not give me her address so I can pick him up ?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Aug 21, 2018
Answered on Aug 21, 2018
Rand Scott Lieber's answer
The first question is do you have a parenting plan that defines your timesharing. If the answer is yes then she cannot withhold the child during your designated time. If you do not have a parenting plan then you need to go to court.
The first question is do you have a parenting plan that defines your timesharing. If the answer is yes then she cannot withhold the child during your designated time. If you do not have a parenting plan then you need to go to court.
Q: Can child support arrears be removed in Florida?
Rand Scott Lieber's answer
What do you mean by "removed?" If you mean erased, the answer is no unless the payor can prove that the money was actually paid.
What do you mean by "removed?" If you mean erased, the answer is no unless the payor can prove that the money was actually paid.
Q: How can I get a copy of a child support affidavit that was filed by my lawyer through the Sarasota court in 1992.
Deborah Annette Carroll's answer
The office of the Cletk of Courts in Sarasota County will be able to pull the file and provide copies of what you need for a minimal fee if it was filed with the court.
The office of the Cletk of Courts in Sarasota County will be able to pull the file and provide copies of what you need for a minimal fee if it was filed with the court.
Q: can you get put on child support without the mother consent or would it have to be from the mother puttong you on it?
Deborah Annette Carroll's answer
If ýour children are receiving assistance from the State in the form of food stamps, Medicaid, cash assistance, the Department of Revenue can file for child support on behalf of the children. Their mother isn't required to do it.
If ýour children are receiving assistance from the State in the form of food stamps, Medicaid, cash assistance, the Department of Revenue can file for child support on behalf of the children. Their mother isn't required to do it.
Q: Child support was never calculated at the final hearing of my divorce and scheduled for a later date.
Rand Scott Lieber's answer
Child support is a right of the child so it cannot be waived. However, neither one of you needs to pursue enforcement. Just be careful if you are the parent obligated to pay that you have a written agreement with the other party about how the support will be handled.
Child support is a right of the child so it cannot be waived. However, neither one of you needs to pursue enforcement. Just be careful if you are the parent obligated to pay that you have a written agreement with the other party about how the support will be handled.
Q: mother of 16 month old the father wants to take me to court he wishes to have overnight stays can I refuse this ?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Rand Scott Lieber's answer
The father will be allowed to spend time with the child. It does not have to be overnight. The court will decide what is in the best interests of the child. You need to tell the court that the father does not have an appropriate living space for the child.
The father will be allowed to spend time with the child. It does not have to be overnight. The court will decide what is in the best interests of the child. You need to tell the court that the father does not have an appropriate living space for the child.
Q: what can happen if my daughter's father gets a lawyer and is taking me to court cause child support started.
Terrence H Thorgaard's answer
He's contesting your court action by which you are seeking child support? If you are represented in the proceeding, ask your attorney.
He's contesting your court action by which you are seeking child support? If you are represented in the proceeding, ask your attorney.
Q: My ex set child support via the state. He has been paying me directly though. Are we able to modify it pay directly
Deborah Annette Carroll's answer
You don't get less money with the payment through the state disbursement system. A service charge is added to cover the administrative cost, but it is added to what he pays rather than deducted from what you receive. However it can take longer for the state to set up your account and disburse the funds at the beginning. Once it is set up though, the disbursement to you is fairly quick.
You don't get less money with the payment through the state disbursement system. A service charge is added to cover the administrative cost, but it is added to what he pays rather than deducted from what you receive. However it can take longer for the state to set up your account and disburse the funds at the beginning. Once it is set up though, the disbursement to you is fairly quick.
Q: My ex lost his job 6 months ago and cut theCS by 75%. He is trying to get a modification, however the court is wating
Rand Scott Lieber's answer
You must go to the judge to set a deadline. Until the documents are provided the old child support number is what is owed.
You must go to the judge to set a deadline. Until the documents are provided the old child support number is what is owed.
Q: Supprt started 16 years ago along with arrears. Now im over paid by 3,000+. 3 yrs left to pay. Can i get credit?
Rand Scott Lieber's answer
You are entitled to credit for all payments made. You need to confirm and go through the court system if there is a dispute about the overpayment.
You are entitled to credit for all payments made. You need to confirm and go through the court system if there is a dispute about the overpayment.
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