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Florida Child Support Questions & Answers
1 Answer | Asked in Real Estate Law, Child Custody and Child Support for Florida on
Q: What are my rights if my fiance is cheating on me and we have a 2yr old and own a home together in Orlando FL

I would prefer to keep the house and just refinance without him on there, but I am not sure I can afford it, although I was head of household for 2020.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2021

If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds.... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Calculating child support using the Florida child support guideline worksheet.

Is line 9b subtracted from line 9a to determine cost from father to mother? (If lines 10-21 are not applicable because father has less than 73 nights.)

Rand Scott Lieber
Rand Scott Lieber answered on Jul 21, 2021

No subtraction. Whoever has the greater number pays that number.

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Florida on
Q: Can my dad take my phone away if i’m 17 and he paid for it?

He paid for the phone and pays for the phone bill but he can just stop that can he take my phone legally?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

Yes.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: I'm 17 and wish to runaway with my older boyfriend, we need some advice?

My family has always been very abusive, and as of recently it has gotten worse. They aren't this way to another sibling of mine so I don't want to risk that sibling going into foster care if I call child services. I'm 17 and I have a boyfriend above the age of majority who wishes to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2021

Depending on his age, he could be accused of "sexual battery" (called statutory rape in most places), if they suspect he is having sex with you.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: If a father don’t sign the birth certificate but he’s on child support. If the mother dies, who do the kids go to?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 9, 2021

If he has been adjudicated to be the father, and a child support order would do that, he could petition the court for custody.

2 Answers | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Florida on
Q: Would it count as kidnapping if I picked them up a friend in an abusive household and kept them safe in another place.

father is a rapist and physical/mental abuser, mother physically/emotionally abuser. Police have been called on numerous occasions and have done nothing. Mother has "kicked out" my friend and called police stating that they ran away. Threaten to kill if police or cps is called. Cps has... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

This is a difficult question if DCF is not taking any action. It is unclear who called DCF. Your friend can call the abuse hotline herself. She can also continue to call. Your friend can contact the authorities herself as well. Further, your friend may want to reach out to another trusted... Read more »

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1 Answer | Asked in Child Support for Florida on
Q: hey if your not married to your babies father and you want to put him on child support and he wants to change it

hey if your not married to your babies father and you want to put him on child support and he wants to change it and i the mother dose not want to is the judge still going to change in order to put the father on child support.?

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

The court will consider all matters properly brought before it via a Petition and should make a determination. If you file a petition for paternity and to establish child support, the father may also file a petition for paternity and to establish parental responsibility and a parenting plan with... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Child support modification. How does a judge usual determine how much should be paid monthly on arrears?

My child father and I can’t come to an agreement on how much he should pay monthly for child support arrears. He owes about 30000 in arrears and base on our income going forward he would be paying very little for support going forward. He lost his job and our income is somewhat the same. I will... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2021

1. Stop trying to "negotiate" with the father of your child. (That won't work and you know it.)

2. If you had a divorce lawyer you should ask him to help you.

3. If you did not have a divorce lawyer you should find one and hire them right now.

4. If you...
Read more »

1 Answer | Asked in Child Support for Florida on
Q: Why do I have two cases of child support on the same child in two different states?

I live in Florida and my child lives in Alabama with her mother.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 1, 2021

I expect that the Florida Department of Revenue (the agency that tries to collect child support in this state) is working with the Alabama child support agency to collect the child support.

2 Answers | Asked in Child Support for Florida on
Q: I moved to to Florida and pay support in PR my rights were taken from child do I still pay support?

My rights were taken by judge but I have a zero balance and I continue to pay support but haven’t seen child in 15 years.

Rand Scott Lieber
Rand Scott Lieber answered on Jun 23, 2021

You need to review the child support order and return to the court that issued the order to confirm that nothing further is owed. You can then ask for termination of the child support order, if necessary.

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1 Answer | Asked in Child Support for Florida on
Q: How long will I be paying child support arrears if child is over the age of 18?

I have 2 children to two women. I am currently just paying arrears in child support because the children are over the age of 18. Does the payments stop over a certain amount of time or will I be paying them until they are fully paid off? This is for the state of West Virginia. I live in Florida.

Rand Scott Lieber
Rand Scott Lieber answered on Jun 18, 2021

I can only share that in Florida you pay until the balance is paid off.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: CS is through IL, we live in FL, it is up for review 1/8/22, but the mother moved to IA. Does CS jurisdiction change?

We live in FL (3 yr) The mother lived in IL. She got a divorce and moved to Dubuque, Iowa. She also was ordered to change her name in her divorce, to her maiden name, her name was H** before her second marriage, but her original maiden name was C**, we aren't sure which name she will legally... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

No, the Florida courts will probably not obtain jurisdiction to modify the Illinois child support judgment. For the Illinois review hearing, you should ask your question in Justia > Ask a Lawyer > Illinois > Family Law.

1 Answer | Asked in Child Support for Florida on
Q: How can I find out if I owe child support from my divorce in 2006 in Hawaii have a case number
Rand Scott Lieber
Rand Scott Lieber answered on Jun 11, 2021

You should be able to access the court website in the jurisdiction where the child support order was entered.

1 Answer | Asked in Child Support for Florida on
Q: my children are now grown, my ex was ordered to pay child support to the courts but never paid a dime,

can I or my kids sue him now for the support they are owed but was never paid

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 10, 2021

Probably not; you should have filed a motion with the court back then.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: So I need to submit evidence at a Default hearing on a Petition to Modify Child Support?

My ex was served and never responded to my petition to modify child support. A Clerks Default was issued against him on May 3 (he was supposed to respond by April 1) and a hearing on the default has been set for early July.

I have already filed and served my financial affidavit, and... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jun 2, 2021

The Default simply is him not disputing what you alleged in your petition. You need to, if possible, provide evidence for what the change in child support should be. So yes, you should definitely file your evidence for the hearing. Normally financial documents are not filed on the docket, but with... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: DOR CS not posting unemployment payments timely or accurately. Emailed DOR for assistance - referred me to Clerk.

Clerk of Court has zero payments! If everything is electronic, why is there a discrepancy? Why doesn't the Clerk of the Court have any information? How do I get the Clerk to have the updated payments OR will the Court be able to see payments whenever we go back? Thank you for your help!

Linda Liang
Linda Liang answered on May 28, 2021

That's a question for the clerk.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My son attends a different high school than what was agreed on the parenting plan, can my ex unenrol him?

My ex husband and I agreed that our son would attend a different high school to the one stated in the parenting plan. My ex is now rescinded this and is insisting that he attend the high school stated in parenting plan and is threatening to unenrol him tomorrow. Does the joint decision we made... Read more »

Christy L. Hertz
Christy L. Hertz answered on May 26, 2021

The Parenting Plan controls unless it was modified in writing and adopted by the Court. Therefore, unfortunately the joint decision that was verbal is not binding. However, the joint decision is relevant related to any modifications on the Parenting Plan and school.

1 Answer | Asked in Child Support for Florida on
Q: My ex husband job always sends the payments late, can he change it to where he makes the payments himself?
Rand Scott Lieber
Rand Scott Lieber answered on May 17, 2021

The two of you would have to return to court together to modify or terminate the income withholding order and change it to direct payments.

2 Answers | Asked in Child Support and Family Law for Florida on
Q: I have a case for three children from 2009 until the last child’s 18th birthday. My oldest two will then be 25 and 23.

The case did not contain any orders for if/when the children emancipated.

Nicole Vette
Nicole Vette answered on May 6, 2021

Typically children emancipate when they turn 18 unless they are still in high school participating in good faith, in which case they emancipate upon graduation or age 19 whichever is earlier. Other ways a child can emancipate are marriage or entry into military.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a father still have to pay child support if he signs over his parental rights?

The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... Read more »

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