Florida Child Support Questions & Answers
Q: My granddaughter had a 3 year old daughter she passed and the boyfriend took child out of home is that legal?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Sep 21, 2017
Answered on Sep 21, 2017
Terrence H Thorgaard's answer
There are several details you have not supplied:
1. Is the boyfriend the child's father?
2. Does he have any court-ordered custodial rights?
If the answers to those questions is "yes", what he is doing is probably "legal".
There are several details you have not supplied:
1. Is the boyfriend the child's father?
2. Does he have any court-ordered custodial rights?
If the answers to those questions is "yes", what he is doing is probably "legal".
Q: I live in FL. I have a child support order against me from AL. The mother of my child has relocated to GA. Need help
Rand Scott Lieber's answer
You need to begin where the child lives to establish timesharing. Next contact the state agency that is currently collecting the child support.
You need to begin where the child lives to establish timesharing. Next contact the state agency that is currently collecting the child support.
Q: I owe back child support but have primary custody now. Can my ex still take my tax return for the amount due?
Rand Scott Lieber's answer
Yes, as long as you have an arrearage she can get the refund. It is important that you notify the court of the change so that your ongoing obligation stops.
Yes, as long as you have an arrearage she can get the refund. It is important that you notify the court of the change so that your ongoing obligation stops.
Q: I live with my child in CA father lives in FL can I File for support? He also never signed the BC! he has no LEGAL job??
Terrence H Thorgaard's answer
Yes, of course you can file for support. The Florida Department of Revenue assists in collection of child support, and there is a similar agency in California. Contact one or both agency and ask them for help.
Yes, of course you can file for support. The Florida Department of Revenue assists in collection of child support, and there is a similar agency in California. Contact one or both agency and ask them for help.
Q: An order for CS was issued in PR where 21 is the age limit to be an adult. Since then the mother of my kids moved to FL
Terrence H Thorgaard's answer
I believe the Florida courts will be required to give full faith and credit to a child support decree from Puerto Rico. You would need to ask about Puerto Rican law about the one (child for whom you are obligated to pay CS, I assume you mean) that had a baby, but I expect the answer is "yes".
I believe the Florida courts will be required to give full faith and credit to a child support decree from Puerto Rico. You would need to ask about Puerto Rican law about the one (child for whom you are obligated to pay CS, I assume you mean) that had a baby, but I expect the answer is "yes".
Q: Can her boyfriend's support count as income? He pays mortgage and much more. Looking to recalc CS.
Terrence H Thorgaard's answer
No, he is not responsible for her child support, and what he contributes doesn't count as her income.
No, he is not responsible for her child support, and what he contributes doesn't count as her income.
Q: I've been off CS since 09. Would the courts have you to pay again if the child is 18 and in college?
Terrence H Thorgaard's answer
So the child was about 10 when you got "off CS"? How did that happen? What did the original child support order provide?
So the child was about 10 when you got "off CS"? How did that happen? What did the original child support order provide?
Q: If I move to Fl, from Ct. Will I have to pay child support?
Terrence H Thorgaard's answer
Yes. You cannot avoid paying child support simply by moving to another state.
Yes. You cannot avoid paying child support simply by moving to another state.
Q: Okay so can my ex girlfriend still get child support through Florida if she lives in Louisiana?
Terrence H Thorgaard's answer
Yes, the several states cooperate so that, for example, Florida helps Louisiana obligees collect child support from obligors living in Florida. Contact the Florida Department of Revenue (or Google their website) for details.
Yes, the several states cooperate so that, for example, Florida helps Louisiana obligees collect child support from obligors living in Florida. Contact the Florida Department of Revenue (or Google their website) for details.
Q: I live in florida. I cheated on my husband. We are getting a divorce. He's threatening to take our kids from me.
2 Answers
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Florida
on
Answered on Sep 7, 2017
Answered on Sep 7, 2017
Rand Scott Lieber's answer
Unless you have done something to endanger your children the affair does not matter. You and the father will "share" the children, either by agreement or pursuant to a court order.
Unless you have done something to endanger your children the affair does not matter. You and the father will "share" the children, either by agreement or pursuant to a court order.
Q: I'm waiting for the divorce and my children, 12 & 16 don't want to see their father. Can the state make them?
Mr Eric Klein's answer
Yes, a judge does have the authority to order the children spend time with their father. Not only that, even if the children do not want to see their father, they will have to.
Yes, a judge does have the authority to order the children spend time with their father. Not only that, even if the children do not want to see their father, they will have to.
Q: Can I move my child from Florida to Pennsylvania if I wasnt married and no court order for child support or visitation?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Aug 31, 2017
Answered on Aug 31, 2017
Terrence H Thorgaard's answer
Yes, you can move with the child. If the father wants to sue for custody or visitation, however, Florida courts will have jurisdiction and Pennsylvania courts won't, until the child has lived in Pennsylvania for at least six months.
Yes, you can move with the child. If the father wants to sue for custody or visitation, however, Florida courts will have jurisdiction and Pennsylvania courts won't, until the child has lived in Pennsylvania for at least six months.
Q: Lawyer requesting bank statement to establish child support for my boyfriends kids but we are in a joint account
Rand Scott Lieber's answer
Child support will be calculated using only the father's income. You can redact (black out) the deposits from your income on the bank statement. They do have a right to receive the bank statements.
Child support will be calculated using only the father's income. You can redact (black out) the deposits from your income on the bank statement. They do have a right to receive the bank statements.
Q: My ex did not put my name on my daughter's birth certificate. We are in the court process now for child support but
Rand Scott Lieber's answer
If you are already in court then you need to ask for a parenting plan which will include a timesharing schedule. Verbal agreements are generally not enforceable.
If you are already in court then you need to ask for a parenting plan which will include a timesharing schedule. Verbal agreements are generally not enforceable.
Q: I was instructed to pay $566 a month in child support. If the other parent agrees to a lower amount will it get passed?
Rand Scott Lieber's answer
If you pay less than the court order then an arrearage will accrue, regardless of whether the receiver agrees to a lesser amount. If you want to pay less, even by agreement, you must go back to court.
If you pay less than the court order then an arrearage will accrue, regardless of whether the receiver agrees to a lesser amount. If you want to pay less, even by agreement, you must go back to court.
Q: Can my new boyfriend go to a hearing court with me for child support against my ex husband?
Rand Scott Lieber's answer
He can go with you and be present; however, you are the party in interest, meaning the case is between you and your ex.
He can go with you and be present; however, you are the party in interest, meaning the case is between you and your ex.
Q: My ex husband is always late with child support payments, whats the best thing to do in this case?
1 Answer
| Asked
in
Divorce, Child Custody, Child Support and Domestic Violence
for
Florida
on
Answered on Aug 29, 2017
Answered on Aug 29, 2017
Rand Scott Lieber's answer
In Florida you have a right to an income withholding order, which would deduct the child support directly from his pay check. If he demands the child when it is not his time per the agreement then you can say no. If this is a consistent problem then you can go back to court for help. It is not realistic to expect "full custody." You will be "sharing" the child until he is 18.
In Florida you have a right to an income withholding order, which would deduct the child support directly from his pay check. If he demands the child when it is not his time per the agreement then you can say no. If this is a consistent problem then you can go back to court for help. It is not realistic to expect "full custody." You will be "sharing" the child until he is 18.
Q: I am a 19 year old child and wanted to know if the child support can be switched over to my name?
Terrence H Thorgaard's answer
Child support is payable to the custodial parent (or other person), not the child. If you are 19 years old, chances are that child support is not currently payable in any event. It is, I suppose, possible that the past-due child support could be assigned to you.
Child support is payable to the custodial parent (or other person), not the child. If you are 19 years old, chances are that child support is not currently payable in any event. It is, I suppose, possible that the past-due child support could be assigned to you.
Q: My bf and I have a son together, he has his last name, but we are not married. What rights does he have?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Florida
on
Answered on Aug 27, 2017
Answered on Aug 27, 2017
Mr Eric Klein's answer
None! No ifs, ands, or even ifs. Until your bf goes into court and establishes paternity, he's got no rights at all.
None! No ifs, ands, or even ifs. Until your bf goes into court and establishes paternity, he's got no rights at all.
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