Florida Child Support Questions & Answers

Q: My Family Attorney is MIA with $1500 deposit! My ex is paying my attorney fees. What options do I have?

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Answered on Jul 13, 2018
Mr Eric Klein's answer
The best thing to do is to call the Florida Bar and make an inquiry. Ask the Florida Bar representative you speak with to simply make a phone call on your behalf. That will usually get the attention of the attorney without getting him in trouble. If, as you state, he is ill, he should refund your deposit so that you can obtain a new lawyer. Good luck.
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Q: My child is soon to be 17 has quit school an has got a job an getting another. Do I have to keep paying?

1 Answer | Asked in Child Support for Florida on
Answered on Jul 12, 2018
Terrence H Thorgaard's answer
Yes, you have to keep paying as long as the child support order says you have to keep paying. How her father uses the child support is really none of your business.
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Q: Part of the child support was for me pay for child care. My child no longer needs childcare. What happens now?

1 Answer | Asked in Child Support for Florida on
Answered on Jul 9, 2018
Rand Scott Lieber's answer
If the court order included payment to the child care facility then you need to return to court for a modification of the order.
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Q: My ex filed a motion for child support modification at Broward, FL. What is next and how long before this ends?

1 Answer | Asked in Child Support for Florida on
Answered on Jul 9, 2018
Rand Scott Lieber's answer
You will need to answer the request for modification. Each parent will have to provide updated financial affidavits and the child support will be recalculated. The more that you fight/disagree the longer it will take.
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Q: If I am required to pay child support in Georgia for a 18 yr old still in high school, can I request proof of attendance

1 Answer | Asked in Child Support for Florida on
Answered on Jun 29, 2018
Terrence H Thorgaard's answer
Assuming it's a Georgia child support order, you actually should ask this question in Justia › Ask a Lawyer › Georgia › Child Support ›. But I expect the answer would be "yes", you should be able to compel the custodian to prove that the child is still in school.
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Q: Can I file for divorce in FL before I lived here for 6 months ?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Answered on Jun 29, 2018
Terrence H Thorgaard's answer
If you had the baby in Florida, the Florida courts do indeed have jurisdiction to decide custody of the baby. So if your husband is the baby's father, you could also file for divorce.
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Q: I have joint custody I pay child support for my 2 kids and because of something he heard he is not letting me see them

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jun 27, 2018
Terrence H Thorgaard's answer
He can get away with it only if you fail to ask the court to enforce your visitation rights. But whether or not you pay child support has, in general, nothing to do with it.
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Q: Is there a way to get in writing that I’m accepting 650 a month plus a vehicle as child support?

1 Answer | Asked in Child Support and Family Law for Florida on
Answered on Jun 26, 2018
Rand Scott Lieber's answer
You can agree to the $650 if it is close to the guidelines. You need to put a dollar amount on the value of the car. You cannot agree that it will never be modified because the law does not allow that.
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Q: My son will be 18 next month and child support will be ending how do I keep the arrearages that he owes (47000)

1 Answer | Asked in Child Support for Florida on
Answered on Jun 20, 2018
Rand Scott Lieber's answer
If he is paying through the state then they should continue to collect the arrearage amount. You could also return to court to either try to increase the arrearage payment or convert the arrears to a judgment.
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Q: I recently finished school and now earn approx same salary as my ex-husband Any chance of child (2) support increase?

1 Answer | Asked in Child Support for Florida on
Answered on Jun 20, 2018
Rand Scott Lieber's answer
Child support is always modifiable until the child emancipates. Child support is based on each parent's current income in combination with the number of overnights with each parent. You can go online for free child support calculators to see if it is worth it for you to return to court for a modification.
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Q: I live Florida and my ex in Ohio and our CS order is in Alabama which state guidelines do we go by for modifications?

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Jun 15, 2018
Rand Scott Lieber's answer
Where does the child spend most of their time? That is the logical place to start. The law in Florida is that child support can be addressed in the jurisdiction where either parent lives.

Q: Can I get a court order to stop child support payments if my teenage kids refuse to see me? I have visitation order

1 Answer | Asked in Child Support for Florida on
Answered on Jun 13, 2018
Rand Scott Lieber's answer
Unfortunately, timesharing and child support are not directly related. You can go to court to enforce the timesharing schedule but you cannot stop paying the court ordered child support.

Q: What happens if the father is not paying child support because he is getting payed under the table

1 Answer | Asked in Child Support for Florida on
Answered on Jun 12, 2018
Rand Scott Lieber's answer
When you go to court it is your obligation to show what he is earning. He must complete a financial affidavit. If there is no income then the court will look at how he is living. Who is paying his bills? How is he buying food? etc.

Q: Can my ex husband pay my 18 year old son the child support directly?

1 Answer | Asked in Divorce and Child Support for Florida on
Answered on Jun 12, 2018
Rand Scott Lieber's answer
You must read your agreement carefully but generally speaking the child support goes to the parent, not the child.

Q: If my children’s mother signed a non paternity affidavit can she go back and put me on child support for that child?

1 Answer | Asked in Child Support and Family Law for Florida on
Answered on Jun 8, 2018
Terrence H Thorgaard's answer
If the affidavit alleges that you are not the father, it might still be possible for her to collect child support. A paternity test, using DNA analysis, would obviously prove the affidavit to be false.

Q: can I hire second attorney to go to mediation?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jun 7, 2018
Terrence H Thorgaard's answer
Yes, certainly. But be sure to let your present attorney know.

Q: What can I do to lower child support they have with no time sharing with my daughter on court papers but I get her ever

1 Answer | Asked in Child Support for Florida on
Answered on Jun 6, 2018
Rand Scott Lieber's answer
You need to file a Supplemental Petition for Modification with the court to update the timesharing schedule and each parent's income.

Q: My wife purchase the house before we got married do I have to pay for it after the divorce?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Answered on Jun 5, 2018
Mr Eric Klein's answer
It depends. Generally, a premarital asset is not the property of not the responsibility of the other spouse so long as you did not sign any loan documents or change the deed. You should consult a skilled divorce lawyer to go over the issue in detail. Good luck!

Q: FL. Father has warrant. Son to spend summer with him. What if he's arrested while son visits? What do i do?

1 Answer | Asked in Child Support and Civil Rights for Florida on
Answered on May 30, 2018
Gary Kollin's answer
What if father is arrested before your son visits?

Q: I have 2 children by the same man. He refuses to sign their birth certificate and refuses to take a dna test.

1 Answer | Asked in Child Support for Florida on
Answered on May 30, 2018
Terrence H Thorgaard's answer
There are at least possibilities:

1) the court could order him to submit a DNA sample, and if he doesn't, hold him in contempt of court; or

2) He could be defaulted the child presumed to be his, and he would be ordered to pay child support.

Whether or not he "signs" the birth certificates, or not, is really immaterial.

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