Florida Child Support Questions & Answers
Q: Do I keep paying child support (ASUME) if my daughter goes to college in Puerto Rico?
Terrence H Thorgaard's answer
If it is a Puerto Rican child support order, you should ask this question in Justia › Ask a Lawyer › Puerto Rico › Child Support ›. If it is from a Florida court, and the order is silent about attending college, no, you would not continue to pay child support after her 18th birthday.
If it is a Puerto Rican child support order, you should ask this question in Justia › Ask a Lawyer › Puerto Rico › Child Support ›. If it is from a Florida court, and the order is silent about attending college, no, you would not continue to pay child support after her 18th birthday.
Q: child support. I am making all i can at the moment, can they take my basic needs?
Rand Scott Lieber's answer
There is a maximum that they can take from you, depending on your earnings and the size of your family.
There is a maximum that they can take from you, depending on your earnings and the size of your family.
Q: Is it possible to have a payout for child support less than amount owed if child is 23 and both parents agree to amount
Rand Scott Lieber's answer
As long as the Department of Revenue is not involved you can agree to a lesser amount and close the matter. If DOR is involved then you must get their permission.
As long as the Department of Revenue is not involved you can agree to a lesser amount and close the matter. If DOR is involved then you must get their permission.
Q: Can I claim my personal medical insurance expenses in the child support calculation. They are only for myself,my kids
B. Elaine Jones' answer
Yes you can claim your personal medical insurance as an allowable deduction. There is a spot in the very beginning of the Financial Affidavit for your medical insurance not the children. Look at the Financial Affidavit and read it carefully. Hope this helped. Good luck.
Sincerely,
B. Elaine Jones, Esquire
Yes you can claim your personal medical insurance as an allowable deduction. There is a spot in the very beginning of the Financial Affidavit for your medical insurance not the children. Look at the Financial Affidavit and read it carefully. Hope this helped. Good luck.
Sincerely,
B. Elaine Jones, Esquire
Q: My ex gets $2880 monthly, I get $900. The number of overnights he help the kids is 48. No medical insurance no daycare
Rand Scott Lieber's answer
No one is going to check or challenge your numbers. If you have done the calculations and you both agree to the number then you can agree. Child support is always modifiable until the child turns 18 so if there is an error it can be corrected.
No one is going to check or challenge your numbers. If you have done the calculations and you both agree to the number then you can agree. Child support is always modifiable until the child turns 18 so if there is an error it can be corrected.
Q: when does child support ends if father lives in Puerto Rico but child is living in florida?
Terrence H Thorgaard's answer
You have not indicated if a Florida court has ordered that he pay child support. Assuming that one has not, child support ends when she turns 18.
You have not indicated if a Florida court has ordered that he pay child support. Assuming that one has not, child support ends when she turns 18.
Q: Separated, wife moved to CO leaving our son with me. Has nothing to do with him.
2 Answers
| Asked
in
Child Custody, Child Support and Divorce
for
Florida
on
Answered on Apr 27, 2019
Answered on Apr 27, 2019
Terrence H Thorgaard's answer
Yes, if you file for divorce and she doesn't respond, she can be defaulted.
Yes, if you file for divorce and she doesn't respond, she can be defaulted.
Q: Hello. My ex husband is trying to get a child support modification since he had a significant salary cut. He has a
Rand Scott Lieber's answer
The judge is not going to check it. Ask to see the worksheet in advance. You can look for a lawyer that will give you a free consultation and verify the numbers. There are also free child support calculators online. Although they may not be exact you will be able to confirm that the number is in the correct ballpark.
The judge is not going to check it. Ask to see the worksheet in advance. You can look for a lawyer that will give you a free consultation and verify the numbers. There are also free child support calculators online. Although they may not be exact you will be able to confirm that the number is in the correct ballpark.
Q: Hello I was divorced in Maryland 07/2016 ex-wife left myself and our 10 yrs. old son and moved to New Jersey
Rand Scott Lieber's answer
You can file for child support after you and the child have made Florida your permanent residence for more than six months. You are not required to have an attorney but you may find it helpful.
You can file for child support after you and the child have made Florida your permanent residence for more than six months. You are not required to have an attorney but you may find it helpful.
Q: Hello, i was wonder if there is a way to stop hild support if i have not been able to see my son in the last 4 months a
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Apr 24, 2019
Answered on Apr 24, 2019
Rand Scott Lieber's answer
In Florida not seeing your child (timesharing is blocked by other parent) is not a reason to modify child support. You can go to court to enforce the timesharing provisions.
In Florida not seeing your child (timesharing is blocked by other parent) is not a reason to modify child support. You can go to court to enforce the timesharing provisions.
Q: I have full custody of my boys but one had to go live with his mother in FL and I live in TX, can she file for support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Apr 23, 2019
Answered on Apr 23, 2019
Bruce Alexander Minnick's answer
Unless you do something to prove you are supporting your son who lives with his mother in Florida you will probably end up receiving a final order requiring you to pay additional support. You should contact a lawyer who practices law in Florida, preferably in the city where the new case id being opened (probably here in Tallahassee).
Unless you do something to prove you are supporting your son who lives with his mother in Florida you will probably end up receiving a final order requiring you to pay additional support. You should contact a lawyer who practices law in Florida, preferably in the city where the new case id being opened (probably here in Tallahassee).
Q: Is 1600 in child support plus our mortgage of 565 to much to ask other spouse to pay? Trying to come to a mutual aggmnt.
Rand Scott Lieber's answer
Child support is calculated by a formula in the law based on each of the parent's net incomes and the number of children. There are free child support calculators available online if you have the numbers to enter.
Child support is calculated by a formula in the law based on each of the parent's net incomes and the number of children. There are free child support calculators available online if you have the numbers to enter.
Q: Back Support and Texas estate inheartance
Terrence H Thorgaard's answer
It would depend upon whether the funds are immediately payable to the obligor (person who owes the child support) by the estate. Post your question in Justia › Ask a Lawyer › Texas › for more details.
It would depend upon whether the funds are immediately payable to the obligor (person who owes the child support) by the estate. Post your question in Justia › Ask a Lawyer › Texas › for more details.
Q: I used to not be the custodial parent, now I am. I have arrears that are owed to DOR is there a way to get them wavied
Rand Scott Lieber's answer
Legally you are responsible for child support that accrued while the child lived with mom. Why has support going forward been stopped? If mom were to have a support obligation now that might be able to be used to offset your arrearage. Mom could also agree to waive the arrearage.
Legally you are responsible for child support that accrued while the child lived with mom. Why has support going forward been stopped? If mom were to have a support obligation now that might be able to be used to offset your arrearage. Mom could also agree to waive the arrearage.
Q: Hello. I have an order in for back child support but I'm wonder can the take my refund for taxes
Rand Scott Lieber's answer
If the entity that enforces child support in your jurisdiction has notified the IRS about the arrearage then they can seize your refund. If this has happened or is happening you should receive a letter from the IRS notifying you about the situation.
If the entity that enforces child support in your jurisdiction has notified the IRS about the arrearage then they can seize your refund. If this has happened or is happening you should receive a letter from the IRS notifying you about the situation.
Q: My kids father requested a hearing to lower the suggested child support amount and I’m wondering if I need a lawyer
Rand Scott Lieber's answer
It is always better to have the advice of a lawyer. Child support is based on the parent's net incomes so you will both be required to complete an up to date financial affidavit. Those numbers will then be used to calculate child support, which is a statutory formula.
Regarding relocation, the father can move wherever he wants but he cannot relocate the children more than 50 miles without yours or the court's permission.
It is always better to have the advice of a lawyer. Child support is based on the parent's net incomes so you will both be required to complete an up to date financial affidavit. Those numbers will then be used to calculate child support, which is a statutory formula.
Regarding relocation, the father can move wherever he wants but he cannot relocate the children more than 50 miles without yours or the court's permission.
Q: If a clerk of the court/staff liable for damages resulting from inaccurate account maintenance?
Denise Martinez-Scanziani's answer
It is doubtful there would be liability. You would first have to establish the clerk has a duty to maintain accurate records. It appears you’re asking about holding the clerk civilly liable for this error. I recommend you post your question to a civil lawyer since you’re not seeking to seek damages against the obligee.
From the family law standpoint, modification after emancipation is not usually permitted since the court loses jurisdiction.
It is doubtful there would be liability. You would first have to establish the clerk has a duty to maintain accurate records. It appears you’re asking about holding the clerk civilly liable for this error. I recommend you post your question to a civil lawyer since you’re not seeking to seek damages against the obligee.
From the family law standpoint, modification after emancipation is not usually permitted since the court loses jurisdiction.
Q: My sons father owes back support since 1988 and now expecting a large settlement I want to know if I can recoup any moni
Terrence H Thorgaard's answer
Judgments are normally good for 20 years. Off the top of my head, I don't know if that includes child support orders.
Judgments are normally good for 20 years. Off the top of my head, I don't know if that includes child support orders.
Q: How often is child support ordered for equal time sharing parents
Rand Scott Lieber's answer
Child support must always be calculated. In addition to equal timesharing the formula uses each parent's net income. Unless both parents earn the exact same income and have the exact same deductions with 50/50 there will always be a child support number.
Child support must always be calculated. In addition to equal timesharing the formula uses each parent's net income. Unless both parents earn the exact same income and have the exact same deductions with 50/50 there will always be a child support number.
Q: Can I create a disclosure that protects me from being held responsible for a child who’s mother wants dna test
Terrence H Thorgaard's answer
No, probably not. Child support is to benefit the child. Therefore such a waiver very well might hold up, should she seek to avoid it. I suggest that you refuse, absent a court order.
No, probably not. Child support is to benefit the child. Therefore such a waiver very well might hold up, should she seek to avoid it. I suggest that you refuse, absent a court order.
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