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Florida Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can a judge (FL) order someone who is unemployed to pay of $800 in child support.

Judge allowed mother to temp relocate back to NY. I have to pay travel expense for my son who is 5 years old which consist of flight ($300-$500) in addition unaccompanied minor fee ($300RT).

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 8, 2023

Generally speaking, when a party is unemployed, for child support purposes, they are imputed (assumed) to be earning minimum wage. If you cannot afford the timesharing based on a minimum wage income then you should return to court and ask for a modification. Because this can be a complex issue... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Father who resides in Florida has faithfully paid child support after child’s mother filed claim in puerto rico. Child

now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 1, 2023

You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: 16yo son lives w/his dad in Florida, is failing 10th grade for 2nd time and is truant. Can I request to terminate cs?

My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 31, 2023

Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am divorced with 3 kids. I have a demanding job that is causing unneeded stress and am considering a change in jobs.

The new job will be less money. Would that warrant a change in child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 24, 2023

Child support is modifiable, up or down, until the children turn 18. You can change your income as long as you have a valid reason and it the change in income is reasonable. For example, you can't quit your $100K job to take a minimum wage job. Speak with a local family lawyer for more... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Child custody and support questions well after a divorce

My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2023

Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: How can I get my driver’s license reinstated when I owe child support?

I need it in order to get a job that pays decently.

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 17, 2023

You need to file a motion to reinstate your DL. You may need to explain to the judge that you need to drive to work. The court wants you to pay your child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If I have my child for 169 days a year compared to their mothers 182 days a year should I be paying child support?
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2023

The child support calculation takes into account each parent's income as well as the overnights with each parent. There is a sliding scale adjustment as you get closer to 50/50 but that does not mean that there is no child support due. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My daughter was born in 2013 when I was 16 and her mother was 17.5 She put me on child support when I was 18, but

I hadn’t even started my first job at the time so how was the amount calculated? My mom passed away when I was a child and my dad passed away when I was 18 six weeks before the birth of my second daughter with my now wife which is around the time I was put on child support and because of the... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2023

You have asked several different questions and should probably look for a free consultation with a local family lawyer. Regarding income, a person with no job is generally imputed minimum wage. This means that the court assumes that you are earning at minimum wage, even if you are not. Regarding... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi, Can Florida Child support file a case for child support when there's an open case in the courts waiting for mediatio

The father has the child and pays $2.00 monthly per court order. the father reopened the case, which is pending Mediation, can he go to Depart of Revenue Child support program and have them put on new case for child support from the mother if there's already a judge court order for him to pay... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2023

If the Department of Revenue has started a separate case you may need to ask the court to consolidate the cases. Whichever case began first would normally take precedence. You do not need to litigate child support in two separate cases. Speak with a local family lawyer for more specific advice.

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Is it possible for me to file for modification of child support on my own without a lawyer in Florida?

I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Florida on
Q: Hi, I suspect my children's father has another child back in Georgia. How do I go about finding out?

2 previous restraining orders against him.

He left Georgia at 14 to come to FL. After 1st restraining order, my son was 8 months old and I received a letter stating that they have been looking for him for over 3 years. Indicating to me he possibly has a child back in Georgia that he fleed... Read more »

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

Apparently, you are seeking another restraining order. You could ask the person who sent you the letter for more information. But chances are that such information would be irrelevant with respect to your current application and/or would be inadmissible as hearsay.

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My wife filled divorce we got 3 kids
Paul Michael McDermott
Paul Michael McDermott
answered on Dec 8, 2022

You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: What can I do if my ex says she has a child that is mine but never let me meet them and has blocked me?

I was dating a girl and she suddenly broke up with me and there was no communication. After 6 months she contacted me to tell me she was pregnant with my child and I ruined her life and she wanted nothing to do with me. I have tried to get in contact with her to meet my son however she has blocked... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

The best way for you to force the issue is to bring a paternity case against her. You would probably need to go to court in Georgia where the child lives. Step one would be to request a DNA test and then go from there. 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: Does my written answer to a petition need to be notarized before submitting it to the clerk of courts

The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do I have to file my written response in the county the petition was filed or can I file it with supplemental petition

I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2022

You can file it online, using Florida's E0filing Portal:

https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx

Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I file a motion for relocation. I do not live in the county where the petition was filed
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

You can file your supplemental petition where you live and/or preferably where the child lives. Assuming that all legal issues have been in Florida you can attach the original order to your petition as an exhibit. Relocation can be complex so speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: If someone has warrant for a family court case and they attend a hearing for a criminal case . Will they get arrested
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2022

If you have an active warrant you can be arrested anywhere, including another court hearing.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Any laws prohibiting what can be expensed/excluded from selfempincome in Fl in regards to income calc. for child support

My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?

Michael Ferrin
Michael Ferrin
answered on Nov 3, 2022

You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Wanting to ask if you're close to the ending of a family court case, all needs to be done is the proposal and

Child support agreement.The mother lawyers are being rude, won't answer any questions due to the missing of one payment the price is ridiculous so I am wanting to ask if i we can continue the case with out the lawyer they have already because they put into withdraw. Would the mother be able to... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 25, 2022

No person is required to have a lawyer to pursue a divorce case. The question that you have asked is very broad. My recommendation is to speak with a local family lawyer for more specific advice. Look for someone with a free consultation.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Does a custodial parent (court ordered) have to continue providing/ maintaining their child past 21 years old?

Initial decree had father/non-custodial, 4 years later father got court order custody. Child left back with non-custodial parent/mother (never changed court order), child left at 19, now is 21 demanding continuation of child support to the custodial parent/father.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 18, 2022

You need to carefully read the original order and what it says about termination. In Florida child support ends at 18 or high school graduation. If your order is from another state it may extend child support to 21. Speak with a local family lawyer for more specific advice.

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