Florida Child Support Questions & Answers

Q: When filing taxes, my husband has no income and i file Married/Joint can my refund be taken to pay back child support

1 Answer | Asked in Child Support and Tax Law for Florida on
Answered on Jan 19, 2018

You will need to file for Injured Spouse Relief, Form 8379.

Form 8379 is used when a joint refund is going to be put towards the obligation of one spouse. The form is filed by the nonliable spouse and will protect their share of the refund.

This may not apply in community property states.
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Q: If my child's father has a child support order on me does that mean he has custody? We've never been to court

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 19, 2018

No, neither of you has exclusive custodial rights. Both of you have shared rights regarding the child.
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Q: If no custody is set up through court and minor child chooses to pack up and move to father house can anything be done?

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Jan 18, 2018
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Q: How is child support done with a step up plan?

1 Answer | Asked in Child Support for Florida on
Answered on Jan 17, 2018

There is no reduction until you reach 20% (73) overnights in a year. The child support modification can either be written into the agreement or else you will need to go back to court at that time.
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Q: I am disabled and I want to divorce my husband, we have a 12 year old, what happens then?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Answered on Jan 16, 2018

Depending on your husband's income you may receive alimony. Child support will be calculated based on each of your incomes. The starting point for your assets and liabilities is to divide them in half.
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Q: My children's father moved out of Florida I want to move out of state also. Should this be a problem?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 14, 2018

If there is no custody case pending, or, as you indicate, no custody order, yes, you can take the children out of this state.
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Q: I got served by ex for child support. When the child was born I have NOT signed the birth certificate, what should i do?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 12, 2018

It is unclear what you are asking. If the amount she is asking for child support is reasonable, there is probably no need to oppose the lawsuit; simply pay the amount of the resulting judgment every month.

The fact that you never signed an acknowledgement of paternity is not important. If the child is yours, you owe child support.

Whether or not you are allowed visitation normally has no affect on your duty to pay child support. But you could counterclaim for visitation if...
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Q: When the child support ends, 18 or 21?

1 Answer | Asked in Child Support for Florida on
Answered on Jan 12, 2018

It depends upon what the Puerto Rican court order says; if it says 21, that's when it ends. And no, in my opinion the Puerto Rican court still has jurisdiction, although an application could be made to a Florida court to enforce the order of the Puerto Rican court.
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Q: HELLO MY NAME IS JENN AND IM TRYING TO MOVE TO TAMPA FL WHAT PETITION DUE I FILE TO MOVE WITH MY MINOR CHILD

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jan 11, 2018

The Petition for Relocation.
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Q: If a 2004 court order states, father to pay child support until child graduates since he will still be in high school

1 Answer | Asked in Child Support for Florida on
Answered on Jan 10, 2018

Yes, the father still has to pay. Payments should still be made to you; if you want you can sign them over to the child.
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Q: Do I have to pay child support if I have 7 kids I’m supporting? Also I already have one kid on child support

1 Answer | Asked in Child Support and Family Law for Florida on
Answered on Jan 9, 2018

You have a child support obligation to all of the children that you are a biological or adoptive parent of, regardless of how many.
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Q: My twins turned 18 in Dec. They won't graduate high school until May of 2019 they will turn 19 in Dec. 2018 does he pay

1 Answer | Asked in Child Support for Florida on
Answered on Jan 8, 2018

Neither. He doesn't have to pay child support unless you already have a court order requiring him to pay past their 18th birthday.
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Q: Can my ex call the cops on my if I pick my kids up like I always do but she's mad and says no? I pay child support

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jan 8, 2018

If you have a parenting plan and you are following it then you will not get in trouble.
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Q: Can I file child support if my child has a different last name from mother and suspected father

1 Answer | Asked in Child Support for Florida on
Answered on Jan 7, 2018

Probably. Do you have custody of the child?
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Q: Grandson's father owes over 30 grand. Daughter passed recently. I am seeking Temp. custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 7, 2018

The arrears would be owed to your daughter's probate estate. Assuming she didn't leave a will, the grandson is probably her heir. But you need to get an attorney to apply for custody as well.
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Q: How do you go about paying child support without losing a lot of money

1 Answer | Asked in Child Support for Florida on
Answered on Jan 6, 2018

How many kids he has is immaterial. How many of those kids are yours?
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Q: In Florida court, what will happen if my ex filed a motion to terminate child support and set hearing and I do not show

1 Answer | Asked in Child Support for Florida on
Answered on Jan 6, 2018

The motion was probably granted. Call the clerk of court, or check the online docket (Google "Clerk of Court, ____ County, Florida") and find out.
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Q: IN FLORIDA IF YOU GIVE UP ALL RIGHTS TO A CHILD , DO YOU STILL HAVE TO PAY CHILD SUPPORT?

1 Answer | Asked in Divorce and Child Support for Florida on
Answered on Jan 5, 2018

Yes. Unless the child is adopted, dies, or turns 18, you still are obligated to pay child support, whether or not you have any custody or visitation rights.
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Q: What is needed for a simple divorce in Miami? No assets. She moved out in 2013. We have an 11yr old child

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Answered on Jan 4, 2018

You need a settlement agreement and parenting plan. You will each need to complete a financial affidavit since there is a child. With the income information the child support will then be calculated.
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Q: my ex's lawyer has been suspended from practicing law by the State Law board.. My lawyer said we are stuck.Is it true?

1 Answer | Asked in Divorce and Child Support for Florida on
Answered on Jan 3, 2018

Normally the court will set a deadline for the other party to either get another lawyer or represent themselves. Usually not more than 30 days.
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