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Florida Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’m in a custody battle with my child’s father. I currently have a boyfriend and would like to move in with him

He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2024

The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More

1 Answer | Asked in Child Support and Probate for Florida on
Q: When I sell my dad home he's deceased. Can child support in NY take areas owed by my brother and it affect my 50%.

Can my brother also sign a document giving me total 100%

James Clifton
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James Clifton
answered on Dec 5, 2024

Child support services cannot take your portion of the inheritance. If it is not too late, your brother can renounce his portion of the inheritance leaving you as the only owner of the property. In that case, child support services would have nothing to go after. A renunciation needs to be filed... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: With Florida statute 61.1255 codifying adult disabled child support, would this be family law of guardianship?

I've tried asking a family law lawyer who said since the child is above 18, it becomes a guardianship issue. They gave me 3 guardianship lawyers. I called two and both said it would be family law. So I went to the FL child support website and called their number. They said child support is... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

Generally child support issues fall within family law. However a case related to the disabled child must be filed before the age of 18 for the family law courts to have jurisdiction over the matter beyond the age of majority. So the question is, was there ever a case that was initiated that child... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I have a disagreement with the mother of my child. She demands that I pay her money for expenses related to our child

At this point in time we are in family court and as of yet I have not been ordered to pay child support. I am responsible for paying recurring expenses such as child care and medical expenses. She wants me to stop doing so and send her the money so that she may do so directly.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2024

You do not mention if there is a court order or not. If there is a court order then you should do what it says. If not, how ever you choose to provide money, make sure that you keep clear records of the date and how much you paid. Without a court order, you decide what and how to pay. Speak with a... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child mother is trying to put me on child support she lives in PR and i live in FL

My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: How do I get money back from the department of revenue that was taken in a workman's compensation settlement via a lien

They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 24, 2024

You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My wife has 2 children from a previous marriage. We want to move to Orlando. Her ex doesn't work and pays for none of

The kids Insurance or extracurricular activities. My family, her family, and even his family live in the Orlando area. They have 50/50 time with the kids. We have no idea how he pays his bills as he hasn't worked In over a year. What do we have to do to force him to let us move.

Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Try to talk with the kids' dad. Since you all have ties to Orlando, he might see the move as beneficial too. If he agrees, that's good! Just be sure to get that agreement in writing. If he’s not on board or things are a bit tricky, then you might need to petition the court for... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: how can i acquire about child support arrears being modified

my case was established in 1996, the amount ordered was and is above my means, this was never based on my income or anything because I foolishly signed a paper from my ex. At the time I was a waitress making $2.01 an hour with a eight grade education. In the past before modern day tech I was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 7, 2024

You need to file a motion with the last court that handled the child support order asking to modify or terminate the obligation. Based on your question that appears to be Mississippi. It would also help if the other parent is willing to cooperate with you and say that they are no longer asking for... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: What steps do I need to take to garnish my ex's SSDI benefits for my minor child.

My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:

1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support...
View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do i have to attend a deposition requested by email from the other parties attorney?

I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My Ex wife hired an Au pair after the divorce without consulting me and now she wants me to pay for it, Florida

Our schedule is 50/50 the first 15 days of the month Ive the kids and the remaining she have them, I don't need child care during my time because I'm off from work but she wants the child care calculated on the 100% for the au pair fee which is $1700 a month also I don't have access... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for Florida on
Q: Is there any Florida case law, that states when a court suspends a parent’s timesharing?

Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 29, 2024

The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: Can a divorce be finalized without settling the division of all assets?

My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 22, 2024

If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Escalating child support delinquency to a felony in the State of Florida?

Who enforces - local law enforcement or the Judge during a court case?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 11, 2024

Failure to pay child support is not a felony in Florida. It is generally not a crime at all. It is a matter in circuit civil court. Under certain circumstances you can be jailed for not paying but you must have the money available to pay prior to being jailed. Speak with a local family lawyer for... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If I’m paying child support, but both recipients are over the age of 18 can I go to jail for not paying back child suppo
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2024

If you have a child support obligation then it can be enforced until it is paid, regardless of the age of the children. Regarding jail, there would have to be a motion for contempt and a finding that you have the ability to pay. You can only be jailed if you have "the keys to the cell."... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am paying over $400.00month child support,yet I’m still only allowed 2hrs a week supervised,is there any recourse?

To sum things up my wife made false domestic violence allegations against me with no evidence of abuse, the courts were sympathetic to her and now I haven’t seen my daughter in 3 years, I don’t have a lot of money, Iv had to start over from scratch, I just want to see my daughter.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2024

You need to return to court to ask for more time with your child. The child support and the timesharing are not directly related. File a motion explaining your reasons for wanting more time. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex stopped paying alimony & didn't modify anything with court 1 yr 3m ago under his own will.

Because of a trial live in boyfriend of four months. That relationship ended after four months which was a year ago now. That ex only zelled money for rent inconsistently. Nothing else. My ex said he doesn't have to pay alimony any more because I was in a supportive relationship. I... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 4, 2024

You need to return to court on a motion for enforcement and contempt. Your brief supportive relationship by itself did not automatically alter the alimony obligation. You are still owed alimony and child support if that is what the current court order says. Unless and until there is a different... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: How to get child support before filing divorce

Husband and I have one child together, married 14 years. Separated due to husband bad bipolar behavior. He took me off of health and dental insurance, without me knowing.

I need child support while Separated. What do I need to do?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 4, 2024

You can file a Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren). There is a free form available online12.904(a)(1) This addresses your specific situation where you are separated but not divorcing (at this time). Speak with a local family lawyer for... View More

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