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Florida Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Support and Child Custody for Florida on
Q: My 13 year old daughter says she wants to go live with her dad.

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?

Rand Scott Lieber
Rand Scott Lieber
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... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have 4 children the father was only required to pay $55 a week. Why is that.

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.

Rand Scott Lieber
Rand Scott Lieber
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?... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If I let my children visit their mother out of state for a month, is she untitled to give them back?

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... Read more »

Rand Scott Lieber
Rand Scott Lieber
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... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: What will happen with FL child support after leaving job to open my own business? Filed for modification so far

Child support was establish while still working a traditional job. I’ve saved up over time to open my own business to be able to spend time with my family, rather than 12-13 hour workdays 6-7 days a week. I requested a modification but am worried how the DOR will look at going from a high income... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 14, 2023

When a payor's income fluctuates then the court will look at an average over time. You are allowed to change jobs/ start your own business, but you will be expected to continue to earn at the same level moving forward. There may be a temporary decrease in your income which the court will... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: My ex wife want to hire a Nanny because she want to work only on weekends,while my daughter goes to day care on weekdays

I refused to pay the Nanny with my ex wife because she just home Monday to Friday while my daughter she's at day care 7 AM to 6Pm and she just want to work weekends , i find that's not faire , what does the law say about that ? Can I take her to court for this ?

Rand Scott Lieber
Rand Scott Lieber
answered on May 11, 2023

You need to review the parenting plan that was entered in your divorce. You do not mention how old the child is or what your timesharing arrangement is. For younger children daycare costs are normally a part of the child support calculation. If you do not currently have a daycare obligation then... Read more »

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Child offered seat at STEM magnet program, ex-wife refuses to allow child opportunity. What can father do to get custody

STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... Read more »

V Julia Luyster
V Julia Luyster
answered on May 7, 2023

You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s a mandatory disclosure on a divorce with a child? And when I’m supposed to summit the proof of income and to who?

I filed for divorce in feb. when I did the first package the family affidavit was file . The judge order mediation but her lawyer didn’t submit her affidavit till this morning which I couldn’t see till after mediation which we didn’t agree to anything! I emailed the lawyer asking her for the... Read more »

David Veliz
David Veliz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

Both parties are required to provide mandatory disclosure to the other party. Florida Family Law Rule 12.285 states what documents are required to be provided to the other party and the time frame for production. If a party fails to provide said disclosure, the opposing party can file a motion to... Read more »

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I currently live in Florida, what form do i need to submit to terminate child support though mutual agreement?

Both kids (twins) will be 18 on June 28, 2024. I (father) split time 50/50 with their mother. I currently pay $157 a month in support. The mother's financial status has improved over the past several years to the point she no longer needs child support and agreed to sign off on any... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 4, 2023

There is no form. Because child support is a right of the child it is not always simple to "terminate" the support. You could also try filing an agreed order signed by both parents regarding the current child support. You do not mention whether you pay by income withholding order. Your... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: I would like to know what it means to say that one is protected by affirmative defense of detrimental reliance.

I had agreed to forgo payment for one of my children's monthly insurance , with the understanding that my ex stop threatening to take me back to court. My job situation has changed and I am currently paying health insurance for both children. I am asking him to pay his half as it was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 26, 2023

Detrimental reliance means that one person changed their position because of what the other person did. In your case, you agreed that your ex wouldn't have to pay part of the insurance because he promised not to take you back to court. Depending on what it is that he was threating to go to... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Can I recover my child support payments if I have evidence to prove that my child’s father committed food stamp fraud?

The reason why I was placed on child support by the department of revenue is because my children’s father applied for food stamps. There was no custody agreement nor order. The children resided with me at my residence 365 days out of the year every year. To which he admitted to in court during a... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 21, 2023

Depending on the timing of the order it is possible that it can be appealed. You have asked a complex question with a lot of variables. You should definitely make sure that you are not paying child support now. If you can prove to the court that the children are with you full time then you should... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Will my wife’s income be used to calculate my child support obligation from a previous marriage? She also has a child.

My wife has her own child custody case from a previous relationship. She is the primary parent to her child. This is in FL.

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 19, 2023

The short answer is no. Child support is based on the incomes of the parents, not subsequent spouses. In fact, you can seek to prohibit or limit discovery of the new spouse's finances. On the other hand, if a parent stays at home, not working, and is fully supported financially by the new... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can I be forced to pick up my son from school even though it’s 89miles away from my house?

We have a LDPP in place filed at the court house. BioMom wants to change it forcing me to pick up my son from school on Fridays instead of our current agreement of meeting halfway. They live 89 miles away from me (they moved before we filed the LDPP). Will a judge favor her choice? And can she... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 19, 2023

You raise two separate issues. As far as the exchange goes, if you previously agreed to meet halfway and have been doing that then the court will probably follow that arrangement. Child support is the right of the child under the law and cannot be waived by the parents. The court will address child... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Child support modification

I divorced my ex in 2016. He raped me and went to prison and when the divorce was finalized support wasn't ordered due to prison time he was facing. He did 5 years and was released then was picked up again on separate charges for 9 months and was released 2 days ago. If I modify the child... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 15, 2023

You need to read carefully the original court order. If the order "reserved" on child support then you can go back to the beginning. If it did not reserve then you may be limited to going back in time 24 months (two years). Speak with a local family lawyer who offers a free consultation... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I reside in Florida with my two minor children. The father of my children resides in Puerto Rico.

How do I enforce child support? Previously, I tried to put him in child support at no avail. I have even provided his address and SS but still I am never entitled to anything including health insurance

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2023

Have you ever been to court for paternity? You need a court order to pursue child support. The father can be served in PR and child support can be enforced in PR. See if your local jurisdiction (court) has a child support enforcement office. They normally help you for free. Otherwise speak with a... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What options are available to reduce/remove child support when the child is now living with me?

Child support was filed in West Palm Beach currently reside in Jacksonville

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2023

You need to return to the court that issued the child support order and notify the court of the changes that have occurred since the last order was entered. Changes in timesharing (where the child lives) and changes in the parent's incomes are valid reasons to modify child support. Child... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: My wife and I are separated for 3 years. Can I stop paying voluntary child support because she won't sign the papers?

I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?

Ira Markowitz
Ira Markowitz
answered on Mar 8, 2023

Although not Court Ordered

you should continue.

See an attorney as soon as possible and get him or her your tax returns last 3,years pay records & mandatory disclosure documents & her financials if you have them to determine child support.Did you & your wife sign a...
Read more »

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2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: My wife and I are separated for 3 years. Can I stop paying voluntary child support because she won't sign the papers?

I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2023

If and when your divorce is finalized there will be a child support obligation. You will receive credit for any payments made voluntarily towards child support. As long as you recognize that you will owe child support and there is no court order now that you pay child support you have no current... Read more »

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2 Answers | Asked in Civil Litigation, Family Law and Child Support for Florida on
Q: my former husband is requesting bank statements, however, my current husband is the only owner of the business account

I am a signer, but have no ownership rights. Also they are asking for his personal accounts, which I am not on either. I do not have any bank accounts at this time. My minor children have savings accounts. Please help me

Ira Markowitz
Ira Markowitz
answered on Mar 6, 2023

Has your former husband filed a Supplemental Petition For Modification?

Have you been served?

Was there a Marital Settlement Agreement ?

Note Child Support is always modifiable as long as the child has not reached the age of 18 or 19expected to graduate High School by age 19...
Read more »

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1 Answer | Asked in Child Support and Federal Crimes for Florida on
Q: Where can I find the laws for child support services on collecting on the debt?

Example:

Can some from child support call me from their personal cell?

Can child support text me without my consent?

Can the FTC regulate Child Support Services?

James L. Arrasmith
PREMIUM
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answered on Mar 4, 2023

The laws related to child support services and debt collection can be found in the federal Child Support Enforcement Act (42 U.S.C. 651 et seq.) and the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).

Regarding your specific questions:

It is not recommended for child support...
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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I am asking on behalf of my husband. How to make someone comply with court orders.

In September 2022 my husband filled a request for an adjustment in child support, based on a substantial decrease in income and an increase in bills. In response to this request, his ex served him with a lawsuit. Asking for both more money, and less visitation. The original request was then... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 27, 2023

If your lawyer said she is in contempt of court, that attorney should know how to ask the court to hold her in contempt. It doesn't really matter that you are in Tennessee or elsewhere; what matters is where the case is pending. I assume the court is in Florida because you asked it in... Read more »

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