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Florida Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Florida on
Q: What happens if the non-custodial parent moves to Puerto Rico to avoid paying child support in FL?

He doesn't own a vehicle nor does he have a driver's license

Rand Scott Lieber
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answered on Feb 18, 2024

The child support obligation will continue to accrue like any other debt. At some point you can return to court and get a judgment against the obligor (the one who owes). Unfortunately you are correct that if the payor never has money or traceable income it will be difficult to collect.... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is there any recourse for noninvolved biological parent paying child support?

Father learned child existed when age 2 or 3. Paternity confirmed and support judgement put in place. Usually taken from paychecks. Father has not ever seen, met or provided any coparenting for child. Mother moved out of state. Since being unemplyed payment stopped, driver's license... View More

Rand Scott Lieber
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answered on Feb 13, 2024

The short answer is that there is no way for you to get completely out of your child support obligation. You can definitely return to court and ask to have your drivers license reinstated. You can ask the court for a modification if you are not already paying the minimum. The court will not allow... View More

2 Answers | Asked in Civil Litigation, Child Support and Family Law for Florida on
Q: Can my wages be garnished if I am a 1099 employee making less than 750 per week. My gross was 33K and AGI is 21K for 23

I am also a stage 4 cancer patient with two children living with me ages 16 and 14

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

The creditor is entitled to a garnishment. In Florida, the debtor has exemptions to the garnishment action, which the debtor must declare and prove at a hearing on those exemptions. If a garnishment action is filed, the action is directed to the debtor's employer, who must immediately withhold... View More

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is he required to continue child support agreed through mediation until we get accurate information?

We had mediation for time sharing and child support my income was more than half less than what mediator put I vacated the order.

Rand Scott Lieber
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answered on Feb 8, 2024

Both parties are required to follow any court orders that are in place. If you had the child support order set aside then there is no specific obligation. However, when child support is established there will be a retroactive component owed. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Me and my wife ex-wife agreed to terminate child support because my son is 29 years old what form do I need to have her

Fill out and what does procedure for filing it

Rand Scott Lieber
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answered on Feb 7, 2024

You need a written agreement from your former spouse waiving the outstanding balance. Then you can file the agreement with a motion to terminate child support. You need to file with the court that issued your current child support order. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can't afford a lawyer,can I request full custody of child on my own?Father lives abroad,not co-parenting, no childsuppor
Rand Scott Lieber
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answered on Jan 30, 2024

You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: What is process for gaining child visitation when no parenting plan was included with Final Child support order (Florida

Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More

Rand Scott Lieber
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answered on Jan 8, 2024

It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More

1 Answer | Asked in Child Support for Florida on
Q: After one year of divorce my ex wife now wants to redo our support agreement. Can she do this?

She just finished aesthetician school and states she is only making $12,000 a year versus our agreement is based off for making 45 which is what an aesthetician would normally make for the year. Can she do this and if so, what’s the process?

Rand Scott Lieber
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answered on Dec 14, 2023

Child support is always modifiable until the child emancipates (turns 18). A parent asserting a reduction in income would have to justify that reduction. If a person is qualified to earn $45K and there are jobs available for $45K then they cannot justify to the court earning $12K (which is actually... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: How long does take to receive a payment from child support when Social security takes a lump sum payment for child supp
James L. Arrasmith
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answered on Nov 13, 2023

In Florida, the time it takes to receive a child support payment after Social Security has taken a lump sum for child support can vary. This process often depends on several factors, including the efficiency of the Social Security Administration (SSA) and the state child support enforcement agency.... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Mental Health Consent for Minor Child

Florida. Parenting plan states mental health must be mutually agreed. Agreement for provider was reached. Child has been actively going to sessions for several months. Non Custodial parent now states they no longer consent to child seeing provider and is demanding the primary parent to change... View More

Rand Scott Lieber
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answered on Oct 31, 2023

The current law is that either parent my consent to mental health counseling for child. If child is already in counseling by agreement then the parent that wants a change must go to court if no agreement can be reached. Otherwise child continues with current provider. Speak with a local family... View More

3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
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answered on Oct 30, 2023

As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More

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3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
T. Augustus Claus
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answered on Oct 30, 2023

A court cannot force you to have health insurance on yourself. However, there are some exceptions to this general rule. For example, a court may order you to have health insurance if

you are a parent and must provide health insurance for your child as part of a child support order....
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1 Answer | Asked in Real Estate Law, Child Support and Family Law for Florida on
Q: I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the

I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement

Rand Scott Lieber
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answered on Oct 23, 2023

You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My kids are in back in my care why am I still paying
Ira Markowitz
Ira Markowitz
answered on Oct 22, 2023

Have you filed a Motion For Modification of child support based on the current time sharing arrangements?

The date of filing the motion is the date the modification would be retroactive after a hearing or modification agreement though if reached through agreement can vary.

Best...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Does Childtime sharing start before paperwork is signed by a judge?

As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our... View More

Rand Scott Lieber
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answered on Oct 19, 2023

Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Is there anything that can be done to have old child support purge orders dropped?

My husband was arrested on 4, 3-4 year old arrest orders for child support purges. He is current on payments at this time as it has been getting taken out of his paychecks for atleast 5 years. We can not afford the purge amount or for him to serve the time in jail.

T. Augustus Claus
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answered on Oct 16, 2023

Yes, there may be something that can be done to have old child support purge orders dropped in Florida. You can pay the purge amount, file a motion to modify the purge order, or file a motion to quash the arrest warrant. For personalized legal advice tailored to your unique circumstances, it's... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Florida on
Q: Is there anyway I can fully protect all my assets if I married someone with two children ?

They were never married, only had twins. I believe she will as for child support after we are married. Is there anyway to protect myself at all or should we not get married?

Rand Scott Lieber
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answered on Oct 11, 2023

Unless you legally adopt the children you will have no legal obligation to them, child support or otherwise. As far as protections with your potential spouse, you can enter into a prenuptial agreement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I need help with Civil contempt of court for back child support. Can I fight this?

In 05 I was ordered to pay almost $1k a month in child support. I changed jobs and filed a modification. the children’s mother heard about this and moved and never gave the state her new address. her D.L address doesn’t match her residence. all modification were denied as the state can’t... View More

Rand Scott Lieber
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answered on Oct 3, 2023

Although it is possible, generally payors do not go to jail for not paying child support. If you are ordered to pay a specific amount and you have that amount in your possession (bank account, etc.) then you can be ordered to pay by a certain time or be jailed. This is called you having the keys to... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I had my boys since young until grown Why do I have to pay child support when she never even raised them?

They only visited her maybe once a year or every other year but I should not be obligated to pay her. Should have she paid child support to me or my mom since we had them, not knowing the laws how could have we known what to do.

Rand Scott Lieber
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answered on Oct 3, 2023

Why do you think that you need to pay child support? If there is a court order that says that you need to pay child support then you need to file a motion with the court that issued the order explaining that the children have lived with you. Speak with a local family lawyer for more specific advice.

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