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Florida Child Support Questions & Answers
2 Answers | Asked in Family Law and Child Support for Florida on
Q: How should I respond to a petition for modification of child support due to a child turning 18?

This fact is true however, the child is in college and is still being supported by myself and currently resides in my home. I also still pay for his insurance, vehicle, gas, and food.

Rand Scott Lieber
Rand Scott Lieber answered on Oct 19, 2020

The law in Florida is that child support terminates at age 18 and/or high school graduation. Unless you have a settlement agreement that says something different the child support will end.

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1 Answer | Asked in Child Support for Florida on
Q: How can I transfer my current child support case to a different state?

My kids and I used to live in NJ but have been living in FL for 3yrs now. My ex husband lives in New York. My child support case has been active in NJ for many years...how can I transfer my child support to our home state of FL to request a modification?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 6, 2020

You can file the modification in the jurisdiction where you currently live in Florida. You will need to include a copy of the NJ order on child support that you are asking to modify. A local family lawyer can help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Establish paternity for child support father not on birth certificate does he have any rights of the child
Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2020

If you were never married, the mother has full timesharing (custody) rights to the child until the father goes to court on a paternity action. An administrative order that determined paternity and established child support does not automatically address timesharing (custody). The father's name... Read more »

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Do I include paystubs and receipts in the "fully executed" Financial Affidavit I must attach to my Pretrial Statement?

Attachment C of Standing Family Law says to attach "a current, fully executed Financial Affidavit" to my Pretrial Statement.

Does that mean I have to include paystubs and receipts of how I've spent my income since the divorce was filed? Do I attach that to my current... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

I have answered several of your questions this morning, but I can't give you a reliable answer to this one. I don't know if the instructions tell you to attach paystubs and receipts or not. I suggest you consult with an attorney practicing family law in the Florida county where this... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My children & I live in Florida, my ex lives in NJ. Do I need to register my child support order in NJ?

I have a Florida child support order that says my ex is to pay $1200/month. However, he only pays around $400/month. There is an income deduction order, but for whatever reason the support is not being deducted from his paycheck. He moved to NJ & is working out there. Should I register the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 15, 2020

You do not need to involve the NJ court. Your local Florida child support enforcement entity can help you. Contact the court where you live and notify them of his new employment. They will make sure that NJ receives the IDO.

3 Answers | Asked in Family Law and Child Support for Florida on
Q: What does case status of consent judgement mean in a Child support case in which I'm the receiving Parent

I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Sep 10, 2020

There isn't enough information here to explain what you may have seen on the docket.

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1 Answer | Asked in Child Support for Florida on
Q: Florida: Payor told DOR that they are sending money directly instead of through child support office Is this legal.

Court ordered payments through child support office , but no money since February. I called DOR and was informed that they were told payor told them that they are sending money directly to me, no proof ever given.

No call made to me and I was told to file a motion is this legal?

Rand Scott Lieber
Rand Scott Lieber answered on Sep 8, 2020

You need to file a motion saying that you are not receiving the child support. Once in court it will be payors burden to prove that direct payments were made. If the court order says payments through state disbursement unit then that is where payor should be sending payments, not directly to you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: if custodial parent leaves the country for 2 years Leaves my son with his parents

per his passport, he is self employed, teaching English to Thai online, with his LLC and moved out of country from 11/2017-06/2020. He has been back and forth maybe 4 times, for a short visit.( I am filing for modification of custody), but he also collects SSDI for my son, who is DS and I pay child... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 4, 2020

What do you believe he did to defraud Social Security and the State of Florida? A custodial parent can hire someone to look after the child; so he could in theory also leave your son with his parents, although the court may well hold it against him in deciding your motion to modify custody.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I average 10,000.00 a year, he makes 60.000, what could I expect in child support? 1 daughter in school?

We’ve been living together, 24 years Is there common law here in Florida I’m getting mixed answers?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2020

No, so-called "common law marriage" is not recognized in Florida.

Florida Statute 741.211 provides as follows: 

"Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section...
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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I want to leave father of my 16 yo daughter we have been together 24 yrs can can I request alimony and support in Florid

And what could I except in support, she has 3 years left in high school I average 10,000 a year he makes 60,000

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2020

Assuming you are not married, you don't qualify for alimony. If you are awarded custody, you would be awarded child support. What do you mean that you "average 10.000 a tray"?

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1 Answer | Asked in Child Support for Florida on
Q: My son is 8 and his father is going after my new husband for child support can I file support for the 1st 4 years now?

We were never married & had verbally agreed on no support

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

How does your son's father figure that your new husband can owe the boy's father for child support?

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My ex husband forge my signature on our divorce decree and had some one represent me to get a divorce and claimed we had

No kid together, but we did. Is there a lawyer who would take my case up front and take money after the win?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

Attorneys are in general not allowed to agree to contingent fees in domestic relations cases.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi, I'm trying to terminate a child support case from another state. I live in Florida, and the support order is from NY

My kids are 23 and 25 years of age, and I'm still being charged for monthly support. How can I terminate a court ordered support case from New York, if I'm living in Florida? Hopefully there's online forms that i can mail to the courts, because there's no way I can go all the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2020

Call, write, send an email to the clerk of court in New York and ask if there are such forms.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I've been overpaying by $100 for the past 5 years, but I also have been paying the child's mother directly, am I screwed

My husband has a custody agreement where he is supposed to pay $300 a month plus an extra $100 for back payment till the $1500 he owed was paid off. I adore him, but he just does whatever she says because he's scared of her. He didn't realize the $400 was supposed to be temporary and that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2020

You do not need a lawyer. Your husband needs to call the Department of Revenue and find out the balance they think he owes. Go from there: I he can prove the payments he will be good to go.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: been dealing with support case for 13 yrs with my child’s mom. She has family that works in the system manipulated

Child lives with neither parent yet she seeks child support. Lost my job and I’m a injured vet whom served 7+yrs. original case from Illinois. Mother moved child from Chicago to Arizona without fathers (me) consent or knowledge

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 17, 2020

Your question is unclear. If you need someone to review the order of child support or modify it, since you lost your job, you will need to have someone where the order was initially entered, which from your question was not in Florida. You may want to repost your question in the Illinois section of... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter turned 18 last year Florida revenue closed the case in 2017 why is the st of Georgia unaware of this

Why are they still garnishing my disability check and took my stimulus money when I don't owe them nothing I sent a copy of the transaction history dating all the way back to 2012 showing balance due is zero I believe I'm intitlled to reimbursement from the date of case being closed til now

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 17, 2020

Sometimes, when a child support order is not clear when child support ends, you have to ask the court to end the child support. You may need to get a court order ending the support and addressing the issue of over payments.

Good luck.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child support case has been closed since 4-28-17 I'm still paying do I have a case
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 17, 2020

Having a closed case is not the same as not having a responsibility to pay child support. It's unclear what you mean by closed case. If your child/children have all reached the age of majority (18) and graduated from high school, then you should be done paying. If money is still being taken... Read more »

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