My children have missed their prescribed weekend with me three times in the last 2 months. I believe this makes it necessary to file for her to be held in contempt. She also started working recently, as she was formerly on disability, so I need to renegotiate child support as well.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023
To find pro bono legal assistance for child support and custody matters in Florida, you can start by reaching out to local legal aid organizations, the Florida Bar Association's pro bono program, and nearby law schools that may have clinics or programs offering free legal services.... View More 
I want to modify my child support because I’m not making nearly as much as I once was. The other side said they’re going to request my bank statements. I occasionally have family send me money through it when I can’t afford things, will that affect it? I’m struggling to pay the amount... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023
Child support is based on your income, which you can prove with pay stubs if you are a W-2 employee. As long as the loans from your family are not regular (emergency only) then they should not count towards your income. However, you may have to show the bank statements to prove that. Speak with a... View More
I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More
I need to establish paternity with the other man and seek child support because my husband was automatically put on her birth certificate
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
Your husband is the "legal" father and is responsible for child support unless the other father comes forward voluntarily. At that point you cold file a petition to disestablish paternity and switch the responsibility from your husband, the "legal" father, to the biological... View More
My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.
Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023
Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More
My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.
Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More
answered on Aug 12, 2023
Additional facts are necessary to determine the feasibility of proceeding with the entry of the final judgment. Factors to consider include the new law, distance between the parties' residences, income of the parties, and whether there are facts indicating that even two overnights per week... View More
We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More
answered on Aug 3, 2023
She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.
We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2023
If your final judgment says that alimony was waived then that cannot be undone. Child support, on the other hand, is modifiable until the children emancipate. She could return to court to recalculate child support based on your new income. Speak with a local family lawyer for more specific advice.
I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2023
Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More
I am the petitioner and I have petitioned the court to establish paternity and other related relief, however, the father has hired an attorney (I am pro se) and the father wants time-sharing and has declared to be the Father but I want a paternity first. I don't know what form to file to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2023
If it was not in your initial pleading, file a motion for DNA testing. If you filed saying that he is the father and his answer admits that he is the father then paternity is established. You can ask the court for a partial final judgment of paternity. Speak with a local family attorney for more... View More
Childs father may have been deported back to Haiti from florida
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023
A Florida child support order is enforceable on the father wherever he is. However, you would need to engage a lawyer in Haiti to pursue the father and answer the legal issue of whether it can be legally enforced in Haiti. In Florida, the child support owed would accrue like any other debt. The... View More
Marital Settlement Agreement and Petition for Dissolution both listed $750/month child support per child (2 children), $1500 total/mo. This was agreed upon by both parties, and was greater than the amount calculated in the state monthly payment guidelines calculator (approx $900/mo).
The... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023
The marital settlement agreement, once signed, is a binding contract between the parties. It remains in force until a party moves to modify it. Statements in the final judgment do not generally change the marital settlement agreement. You need to show your documents to a local family lawyer for a... View More
Schedule. I don’t mind that he moved but there was no communication about this and now he requested less days with her. And I am still receiving the same amount of money from him.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023
Child support is modifiable until the child emancipates. If you agree to the new schedule then you should get it in writing. You can either agree on a new child support number or return to court for a modification based on the new schedule and your current incomes. Speak with a local family lawyer... View More
Father is completely homeless, sleeping in the street and does not even have a car. He is paying child support plus arrears. He would have to move out of state with family in order to secure housing, at least temporarily. If he moves, or takes time off from his job to establish living arrangements,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2023
Child support obligations are typically based on the non-custodial parent's income and ability to pay, rather than their housing situation. However, if the father's homelessness or lack of income significantly affects his ability to meet his child support obligations, he may be able to... View More
I also do not if my child is going to college. He is 21 years old, plus he no longer lives with his parent. Do I still have obligation to pay monthly child support?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2023
The first thing that you need to do is look at your current child support order. Any modifications will need to be in the court that issued the order. If the order is from PR then you need to contact an attorney there. In Florida, child support ends at 18. For a modification in Florida (reduction)... View More
My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023
Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... View More
Fl he owns multiple businesses. What steps can I take to get him served
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023
You can provide any and all information that you know about where he can be located. If you can afford it, hire a private investigator. Speak with a local family lawyer for more specific advice.
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... View More
The court also ordered that the support be directly taken from his pay at least 8yrs ago but he still pay what he wants to pay. U really need help. With the price of living has a increasing raise.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2023
In Florida child support is calculated pursuant to a mathematical formula in the law. It is based on the net incomes of each parent and the number of overnights with each parent. Child support is always modifiable until the children turn eighteen. Perhaps you can return to court for a modification?... View More
My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2023
If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
