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Florida Child Support Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Florida on
Q: Hello I'm froilan i just became a dad april 2,2021 The question is: my wife is inside a rehab with my newborn. Now

She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

Speak to an attorney who practices family law about seeking a court-ordered parenting plan.

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1 Answer | Asked in Child Support for Florida on
Q: Can i fight a child support case that is in Puerto rico from florida?

Both of my kids are in Puerto rico. My daughter is now a mom and will be 21 this yr living with her boyfriend. My oldest is 22 and working. Kids mom is married and lied to the agency saying they are seperated.. But none of that was reported to asume.. While my check is being garnished my son did... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

Get an attorney licensed to practice in Puerto Rico.

1 Answer | Asked in Child Support for Florida on
Q: If my daughter is pregnant and no longer living with her mom. Will what i am paying reflect balance?

My son will 22 and daughter a 21year old mom.. They are both in puerto rico and i dont know where...my son is working and daughter is now a mom and moved in with babys dad. My check is being garnished. But i see that the balance has not realy decreased.. Even after my son living with me for a year... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 3, 2021

You have failed to indicate whether the child support order was entered by a Florida court, or by a court in some other place. Is the amount being garnished for past-due child support or is it currently owing; because normally (assuming it's a Florida order) child support ends when the child... Read more »

1 Answer | Asked in Child Support for Florida on
Q: I have sole custody my children. I live in Florida, ex husband lives in Indiana. Can he file for child support?

There is currently child support order in progress in Florida, yet I received a letter from Indiana child support about a child support order. I never got an order from Indiana. I live in Florida. I never received paperwork about an order. How can this be? I have sole custody of the children and he... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2021

This is why parties are required to file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. You need to notify the Florida court of the Indiana action and he was obligated to notify Indiana of the Florida action.

1 Answer | Asked in Child Support for Florida on
Q: My husbands daughters mother is asking for money outside of the child support order.

She took her out of public online school and put her in a private online school and college program as well as bought her a computer without discussing with him to make a coparenting decision. Is he legally obligated to pay?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2021

You need to read the parenting plan (or any other court order) that addresses expenses for the child that fall outside of child support. Common examples are uncovered medical expenses and extracurricular activities. Unless the order says that he has to pay, he is not responsible. Furthermore,... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: when serving a summons for an increase in child support does the financial affidavit need to be included?
Shiobhan Olivero
Shiobhan Olivero answered on Mar 30, 2021

If you are seeking to modify a current child support order and are filing a petition for modification, a financial affidavit will need to filed in the case. Mandatory disclosures will also be required. Whether the financial affidavit needs to be filed at the same as the petition for modification,... Read more »

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: when serving a summons for an increase in child support does the financial affidavit need to be included?
Rand Scott Lieber
Rand Scott Lieber answered on Mar 26, 2021

Your financial affidavit does not have to be served with the summons but it must be filed with the court before you can get a hearing on your motion to modify.

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1 Answer | Asked in Child Support and Divorce for Florida on
Q: Is a child support guidelines form manditory when filing for divorce?

My ex and I have already had an out-of-court agreement on child support. We get along and he pays regularly so is it mandatory that we file for child support (child support guidelines form) when getting divorced? Can't we just keep our agreement without involving the court and inturn not... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 24, 2021

When there is a minor child involved each party must file a financial affidavit and the court will require a child support guidelines worksheet. You do not mention if your agreement is higher or lower than the guidelines. If the agreed amount is higher then there is no problem. If the agreed amount... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter lives w/her mom in NJ. I live in FL. My case is handling by ASUME. How can I transfer my case to Florida?

My current income is lower than I had in PR, I'm still paying to ASUME as if I was there and it's an amount that is hard to afford every month.

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

You need to apply for a modification in the court that is currently handling the child support order. If that is NJ then that is where you would file the modification.

1 Answer | Asked in Child Support for Florida on
Q: Child support delinquency

I recently got a letter from the clerks office stating I was delinquent on payments. The reason they think I am delinquent is because I made direct payments to the other party that weren’t recorded with the clerk. I have copies of all the checks. I scheduled a hearing to sort it out. The lawyer I... Read more »

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

You need to notify your attorney in writing that you do not want his services. You cannot stop the attorney from appearing at the hearing but you can put them on notice that you are not paying for them to appear at the hearing. If you have a retainer agreement with the attorney you should read it... Read more »

1 Answer | Asked in Child Support for Florida on
Q: How can I collect child support from Puerto Rico order?

I transferred from Puerto Rico to Florida a couple of years ago with my daughter. My ex is not paying child support and has an open case in court in PR but when he gets a citation, he files for bankruptcy to prevent the local court from collecting from him. He doesn’t pay and the bankruptcy case... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2021

You were told correctly: if he is not in Florida, you can't pursue child support in Florida because the Florida courts don't have jurisdiction over him (and presumably he has no assets in Florida anyway).

1 Answer | Asked in Child Support for Florida on
Q: My ex wife has been asking me for extra money. Since the pandemic I lost my job and earn less. I pay child support fully

All my child support payments by court order are up to date, but she consistently asks for additional money when I in no position to provide any extra money due to my own financial hardship. She threatens me that she will go to court to ask for back pay of aftercare for our children, but never once... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 5, 2021

She doesn't have a case. What's your question?

1 Answer | Asked in Child Support for Florida on
Q: What do I bring to a child support hearing requested by the other parent after the department of Revenue proposed order?

The child is 1 year old. The father signed the birth certificate. I receive food stamp & Medicaid for my daughter. He has only bought a small few items since she has been born.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 4, 2021

Generally the main issue at a child support hearing is proof of your income. You may also want to have a list of any direct payments that you received, if any. If you receive the child support then DOR may still represent you. Contact them directly for guidance.

1 Answer | Asked in Child Support for Florida on
Q: Looking to modify an existing child support order that has not been reviewed since 2011.

The father was ordered to carry insurance & pay a set amount biweekly. Since the order was put into place he lost his job due to drug use & eventually completed rehab, now has a new job making a significant amount more than when the original amount was ordered. My husband & I have also... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2021

Child support is based on each parent's income or ability to earn income if they are not working. If you are able to work as a nurse but choose to stay home the court can impute income to you as if you were working. The imputed income will be used to calculate the child support.

1 Answer | Asked in Child Support for Florida on
Q: Child support order was in PR we all move to Florida 5 years ago

My ex wife,kids and I move more than 5 years ago to Florida, she register the case in Florida and is being enforced by DOR, PR child support is till age 21, Florida 18, she is now requesting a modification of child support and my oldest is almost 19. Do I have to continue paying till the kids are... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2021

Florida only enforces the original order from PR. If that order says child support until 21 then that is the law of the case. You have to return to court (in FL) to litigate the modification. You should look for a local family lawyer that offers a free consultation to explain or investigate the... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Can a person claim and obtain Child Support in two different Estates for the same child?

My sister divorced in Puerto Rico and the Court settled the amount of money my nephew was going to receive.

Years later she moved to Florida, while visiting the ACCESS office someone told her to open another claim for child support. But my ex-brother in law continues to paid child support... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2021

There should only be one child support case. He needs to notify both courts about the primary (original) case. Ultimately the cases should be consolidated.

1 Answer | Asked in Child Support for Florida on
Q: My child’s father was ordered to pay child support he then filed a motion does that stop him from paying child support.

Do we have to return to court before I receive child support for our child?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2021

The current child support order remains in effect. Filing a motion does not stop the current obligation. The motion can seek to modify the child support but payments must continue until a subsequent court order makes a change.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: how do I get free legal aid for divorce and custody?
Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2021

Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.

2 Answers | Asked in Child Support for Florida on
Q: how does child support work

not married ,child not born yet

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

Child support is based on each parent's income and the number of overnights spent with each parent. There is no child support obligation before a child is born. In order to establish child support one of the parents must apply to the court. Since you are not married it would be a paternity action.

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1 Answer | Asked in Child Support for Florida on
Q: My unmarried son just got child support papers from the state of Florida, the child is 1 year old

the mother does not work and lives with her mother, my son lives on his own, bills etc. what are his options

Rand Scott Lieber
Rand Scott Lieber answered on Feb 17, 2021

He needs to answer the papers. He can work directly with the Department of Revenue or he can hire a lawyer to help him. You do not mention if he spends time with the child. The Department is only going to focus on the financial aspects. If he wants to pursue timesharing he should definitely seek... Read more »

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