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Florida Child Support Questions & Answers

1 Answer | Asked in Family Law and Child Support for Florida on

Q: I'm the non-custodial parent. Do I have to pay child support in a month when minor child is with me?

I received a reply from Rand Scott Lieber, Esq. "A: Yes. Child support is calculated based on the whole year and already includes credit for overnights with each parent"--thank you, Sir. However, from the reply I realized I neglected to include a possible relevant detail:

In late 2016, a... Read more »

Bruce Alexander Minnick answered on May 21, 2019

The answer is still no. Just because you now have been given extended visitation rights does not mean you can ship payments due to the other (custodial) parent. This issue could (and should) have been brought up during the hearing on the modification agreement. So if you still want to push this... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on

Q: I'm the non-custodial parent. Do I have to pay child support in a month when minor child is with me?

My daughter, 16, spends a month and a half with me during summer vacation from school. Both parents live in Florida.

Rand Scott Lieber answered on May 19, 2019

Yes. Child support is calculated based on the whole year and already includes credit for overnights with each parent.

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1 Answer | Asked in Child Support for Florida on

Q: Do I keep paying child support (ASUME) if my daughter goes to college in Puerto Rico?

I live in Puerto Rico and so does she. She is 17 right now and will be graduating from High School and attending College in August. She will be 18 in November.

Terrence H Thorgaard answered on May 17, 2019

If it is a Puerto Rican child support order, you should ask this question in Justia › Ask a Lawyer › Puerto Rico › Child Support ›. If it is from a Florida court, and the order is silent about attending college, no, you would not continue to pay child support after her 18th birthday.

1 Answer | Asked in Child Support for Florida on

Q: child support. I am making all i can at the moment, can they take my basic needs?

Rand Scott Lieber answered on May 16, 2019

There is a maximum that they can take from you, depending on your earnings and the size of your family.

1 Answer | Asked in Child Support for Florida on

Q: Is it possible to have a payout for child support less than amount owed if child is 23 and both parents agree to amount

Rand Scott Lieber answered on May 6, 2019

As long as the Department of Revenue is not involved you can agree to a lesser amount and close the matter. If DOR is involved then you must get their permission.

1 Answer | Asked in Child Support for Florida on

Q: Can I claim my personal medical insurance expenses in the child support calculation. They are only for myself,my kids

Are under Medicaid program.

B. Elaine Jones answered on Apr 30, 2019

Yes you can claim your personal medical insurance as an allowable deduction. There is a spot in the very beginning of the Financial Affidavit for your medical insurance not the children. Look at the Financial Affidavit and read it carefully. Hope this helped. Good luck.

Sincerely,...
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1 Answer | Asked in Child Support for Florida on

Q: My ex gets $2880 monthly, I get $900. The number of overnights he help the kids is 48. No medical insurance no daycare

Expenses. I tried using the online calculators and they are all around$940 .can I use that number to get to an agreement or is not valid.

Thanks in advanced.

Rand Scott Lieber answered on Apr 30, 2019

No one is going to check or challenge your numbers. If you have done the calculations and you both agree to the number then you can agree. Child support is always modifiable until the child turns 18 so if there is an error it can be corrected.

1 Answer | Asked in Child Support for Florida on

Q: when does child support ends if father lives in Puerto Rico but child is living in florida?

My daughter who lives with me in florida for 4 yrs now, receive child support from her dad in Puerto Rico. she will be 18 in 2 months but plans to go to college. does she gets payment till she is 21 or her dad can file to stop child support payments when she turns 18?

Terrence H Thorgaard answered on Apr 29, 2019

You have not indicated if a Florida court has ordered that he pay child support. Assuming that one has not, child support ends when she turns 18.

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on

Q: Separated, wife moved to CO leaving our son with me. Has nothing to do with him.

She moved 3 years ago and I had to track her down via social media. I have no idea what her address or situation of living is at all. I want to divorce her but I cannot contact her anymore. She violated out 50/50 custody plan as well with her move. Can I divorce her without her appearing. She... Read more »

Terrence H Thorgaard answered on Apr 27, 2019

Yes, if you file for divorce and she doesn't respond, she can be defaulted.

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1 Answer | Asked in Child Support for Florida on

Q: Hello. My ex husband is trying to get a child support modification since he had a significant salary cut. He has a

Lawyer, I can't afford one. His lawyer is doing the child support calculation . Since I have no knowledge of how is calculated,how do I know they did the correct calculations or will the judge will check the numbers before approval?

Rand Scott Lieber answered on Apr 26, 2019

The judge is not going to check it. Ask to see the worksheet in advance. You can look for a lawyer that will give you a free consultation and verify the numbers. There are also free child support calculators online. Although they may not be exact you will be able to confirm that the number is in... Read more »

1 Answer | Asked in Child Support for Florida on

Q: Hello I was divorced in Maryland 07/2016 ex-wife left myself and our 10 yrs. old son and moved to New Jersey

i have never received child support because i did not file, I have primary physical custody . As of 11/2018 I retired and reside in the state of Florida where should I and would i need an attorney to file for child support

Rand Scott Lieber answered on Apr 25, 2019

You can file for child support after you and the child have made Florida your permanent residence for more than six months. You are not required to have an attorney but you may find it helpful.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on

Q: Hello, i was wonder if there is a way to stop hild support if i have not been able to see my son in the last 4 months a

The mother has filed a protective order against me and it includes my son,

She is in georgia, but the child support case is in florida

Bruce Alexander Minnick answered on Apr 24, 2019

The issue of child support is not connected to the issue of visitation. If you are liable for child support you cannot lawfully avoid it by saying you can't see the child. File something in the court having jurisdiction; the mother may have violated the divorce decree by moving to Georgia.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on

Q: I have full custody of my boys but one had to go live with his mother in FL and I live in TX, can she file for support?

I have tried to file for support since 2009, but we have lived in different states and the courts could never seem to get her served. I have a case number from VA and I just received a letter from FL stating that a support case has been opening against. I have sent my son 150.00 every month and... Read more »

Bruce Alexander Minnick answered on Apr 23, 2019

Unless you do something to prove you are supporting your son who lives with his mother in Florida you will probably end up receiving a final order requiring you to pay additional support. You should contact a lawyer who practices law in Florida, preferably in the city where the new case id being... Read more »

1 Answer | Asked in Child Support for Florida on

Q: Is 1600 in child support plus our mortgage of 565 to much to ask other spouse to pay? Trying to come to a mutual aggmnt.

Married for 14 years, 2 kids, housewife, homeschooled child and nursing baby.

Rand Scott Lieber answered on Apr 22, 2019

Child support is calculated by a formula in the law based on each of the parent's net incomes and the number of children. There are free child support calculators available online if you have the numbers to enter.

1 Answer | Asked in Child Support for Florida on

Q: Back Support and Texas estate inheartance

Advise on back payments options process and contact with Florida DOR. Can funds be seized from inheartance of mothers Texas estate in Texas probate.

Terrence H Thorgaard answered on Apr 15, 2019

It would depend upon whether the funds are immediately payable to the obligor (person who owes the child support) by the estate. Post your question in Justia › Ask a Lawyer › Texas › for more details.

1 Answer | Asked in Child Support for Florida on

Q: I used to not be the custodial parent, now I am. I have arrears that are owed to DOR is there a way to get them wavied

My sons mother lost custody of our son. We had almost 50/50 time sharing. While my son was two, his mother took him away for a year and a half. I had no idea where they were. When I went to child support court they assessed back child support for that period. Since then I have full custody, she has... Read more »

Rand Scott Lieber answered on Apr 15, 2019

Legally you are responsible for child support that accrued while the child lived with mom. Why has support going forward been stopped? If mom were to have a support obligation now that might be able to be used to offset your arrearage. Mom could also agree to waive the arrearage.

1 Answer | Asked in Child Support for Florida on

Q: Hello. I have an order in for back child support but I'm wonder can the take my refund for taxes

Rand Scott Lieber answered on Apr 11, 2019

If the entity that enforces child support in your jurisdiction has notified the IRS about the arrearage then they can seize your refund. If this has happened or is happening you should receive a letter from the IRS notifying you about the situation.

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: My kids father requested a hearing to lower the suggested child support amount and I’m wondering if I need a lawyer

On top of the child support hearing I am also interested in what I need to do to file for custody since I was just informed yesterday that he is moving out of state and I do not want an issue where he tries to maybe take them. I am trying to be proactive in this situation and just need to be... Read more »

Rand Scott Lieber answered on Apr 4, 2019

It is always better to have the advice of a lawyer. Child support is based on the parent's net incomes so you will both be required to complete an up to date financial affidavit. Those numbers will then be used to calculate child support, which is a statutory formula.

Regarding relocation,...
Read more »

3 Answers | Asked in Family Law and Child Support for Florida on

Q: If a clerk of the court/staff liable for damages resulting from inaccurate account maintenance?

Would a clerk of court/staff be liable for monetary damages stemming from over a decade of inaccurate account maintenance?

The child support account in question was initially given a satisfaction of judgment and closed after the child reached majority. However, after a inquiry for... Read more »

Denise Martinez-Scanziani answered on Apr 4, 2019

It is doubtful there would be liability. You would first have to establish the clerk has a duty to maintain accurate records. It appears you’re asking about holding the clerk civilly liable for this error. I recommend you post your question to a civil lawyer since you’re not seeking to seek... Read more »

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1 Answer | Asked in Child Support for Florida on

Q: My sons father owes back support since 1988 and now expecting a large settlement I want to know if I can recoup any moni

Monies this is in Florida

Terrence H Thorgaard answered on Apr 2, 2019

Judgments are normally good for 20 years. Off the top of my head, I don't know if that includes child support orders.

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