Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Florida on
Q: Is my Fiance's ex able to use my income when determining Child Support, if we decide to get married? Currently his

Child support is based only off his income. Will that change once we are married? I make substantially more then he does.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2022

No, child support is calculated based on the parent's net incomes. Income from a new spouse does not change that.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Florida on
Q: How much jail time can a first time offender receive if charged and convicted?

My ex just walked up into my home put his hands on me,, then proceeded to drag my daughter from her room. He was arrested and charged with burglary of an occupied dwelling with assault and battery, a first degree felony, he took off with my phone, so he was charged with petty theft and also charged... View More

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Feb 26, 2022

Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim... View More

2 Answers | Asked in Child Support and Divorce for Florida on
Q: Help with divorce Mediation?

Florida

Friday my wife text me saying be ready for mediation on Tue. I was confused, checked email.

She sent me her paper work and the court sent me a mediation letter. I was supposed to make the payment, fill out a questionnaire and notorized financial affidavit 10 days prior to... View More

Justin Gary Hausler
Justin Gary Hausler
answered on Feb 21, 2022

Do you know in which county the case is filed? Do you have a case number or any pleadings? Get a consultation ASAP

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: I have a brother that needs help in his child support he’s really stressing a lot on it
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2022

Tell your brother to look for a free consultation with a local family lawyer.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have been waiting since August for the company I work for, to respond to Florida orders to garnish child sup

I have been interacting with my management team to have my payroll garnished, as ordered by Florida. I have requested copies of the letters that were mailed to the employer from Florida DCF and made pdfs Now I'm in contempt of court, didn't know I had a court date, and payroll keeps... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 17, 2022

If a court-ordered writ of garnishment was served on your employer, and the employer didn't respond as required. the employer could be held in contempt of court, not you. What emails did payroll not receive? Your employer should have been served with the write by a process server or law... View More

1 Answer | Asked in Child Support for Florida on
Q: Default paternity entered with child support, then modified because both parents had 50/50 everything no current support

Now child support put in contempt for the default again. It was modified how can they modify a default when it was already modified? There was no order of support and they used the default to get one even though the default was modified for placement and child support. Can they do this

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2022

It sounds like you need to go to court to sort this out. Look at each of the court orders, with dates, so that you can explain your position to the court.

1 Answer | Asked in Child Support for Florida on
Q: I have an interest fee from 2006 in volusia county court by the clerk of court. What form is needed to contest?

I just found out today price is $878.10. this was for child support which has ended and was paid in full money was actually refunded to me for overpayment.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2022

You will need to file a motion with the court to correct this. Speak to a local family lawyer for more specific advice or go to the clerk's office if they have a self help desk.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My divorce papers state that I’m supposed to have my two kids every other weekend and Thursdays

However they have not come to my house for two years one will be 18 January 15 and one will be 16 on Feb 14. Prior to that the ex never followed the parenting plan and I took her for contempt and the court did not enforce it. Now she has ask department of revenue and Florida to do a declaration... View More

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

Ideally, when the mother started denying you contact you should have filed a motion for contempt and sought make up timesharing and sanctions for her actions. Being this has gone on for two years the court is going to look at the history of what has gone on for the last two years to determine if... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My oldest daughters dad was on child support and didn't really have anything to do with her up until recently.

I also know that the only reason that he even has her is so he doesn't have to pay child support anymore. If this happens what are the chances that he will try and have me served with child support? Would I have to pay beings I have raised her with my ex her whole life with really no help from... View More

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

We need alot more information in order to answer your question. I would recommend contacting a local attorney to assist you.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was ordered to pay child support with no paternity, and name was on birth certificate without being present or concent
Pamela J. Fero
Pamela J. Fero
answered on Feb 1, 2022

Having a name on a birth certificate does not establish paternity. Paternity can be established either voluntarily or by a judicial order. Refusing to sign a paternity statement will not absolve you of the obligation to pay child support. If you do not willingly sign a paternity statement, the... View More

2 Answers | Asked in Child Support and Divorce for Florida on
Q: Divorce is finalized, time to do the QDRO but the spouse fled the country and there is no contact to him. What now?

Spouse left the country a year ago. The divorce has been finalized December 2021. The agreement was that the spouse pays child support and everything gets split in half. After the house was sold at the beginning of 2021, he fled the country as soon as he got his portion of the house. How can the... View More

Michael Ferrin
Michael Ferrin
answered on Feb 1, 2022

If you already have a Qualified Domestic Relations Order serve a certified copy of the order to the retirement account provider and they will portion off the funds pursuant to the order. If that doesn't work you can file a motion with the court to try and freeze any other assets your former... View More

View More Answers

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My name was put on a child’s birth certificate while I was overseas. Never signed anything to allow this. Is this legal?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2022

Assuming you weren't married to the mother, no. But what does it matter; it won't prove paternity?

1 Answer | Asked in Child Support and Divorce for Florida on
Q: I want to divorce my wife of 20yrs and I have 2 kids 16 and 12. We are having problems with our intimate relations.
Pamela J. Fero
Pamela J. Fero
answered on Jan 25, 2022

First, find a lawyer who will represent you from the start and walk you through the process.

Florida is a “no fault” divorce state, which means that spouses only need to tell a court that the marriage is “irretrievably broken” in order to get a divorce. You can file a petition...
View More

1 Answer | Asked in Divorce and Child Support for Florida on
Q: In the signed divorce my ex spouse accepted all proceeds from the sale of the home instead of child support

Can she come after for support now that she has decrease her income?

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2022

Legally child support can be modified until the child turns 18. However, you should receive a credit for the exact dollar figure of your share of any proceeds that went to your ex. Speak to a local family law attorney for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’ve been asked to be an personal anonymous donor, how can I protect myself from them perusing paternity and child supt?

Family law, sperm donation privately

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2022

Florida Statute 742.15 applies in this situation. You need to a gestational surrogacy contract as provided in that section. Get whoever asked you to do this to pay for an attorney to draft such a contract for you.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Does a letter of intent to levy bank account mean its frozen or can I still use it to hire an attorney?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 20, 2021

Ask the bank if the account can be accessed.

1 Answer | Asked in Child Support for Florida on
Q: I would like to know with whom do I file a complaint or contact when my out of state child support isn’t enforced

My child support originated in Kansas. Currently it’s 7854 in arrears. The state isn’t doing anything about to enforce payment or hold him accountable for not submitting garnishment on new income since 2016. Do I contact the attorney general for that state. I can not afford a lawyer since I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2021

Connect to this link:

http://www.dcf.ks.gov/services/CSS/Pages/default.aspx

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I'm not the one with the case...my current boyfriend is and he's paying child support and back child suppprt

However she doesn't work eventhough I got her a job twice at my job and is currently living with us without her child... so he is essentially giving her money for a kid she doesn't live with and on top of that she currently resides In our house

Laura E. Kenney
PREMIUM
Laura E. Kenney
answered on Oct 6, 2021

In order to guide you in the right direction, I would need a little more information about the child and where they are currently living. Child support can be modified through the Courts with a showing of a substantial change in circumstances. Feel free to reach out to me through my profile for... View More

3 Answers | Asked in Family Law and Child Support for Florida on
Q: How can I serve papers to a realtor company if it’s all virtual. There’s no physical address, can I send via email?

I am trying to get financial records, dad is a realtor and hiding money. I would like to subpoena so that I can have records for child support court

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2021

If it is any sort of registered business then you can look it up on sunbiz.org

As a business entity you are required to provide a physical address and a registered agent to receive service of process.

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: How can I stop child support? My children are both of age now.

I was going to stop paying when the my older son lived with me but I did not. I continued to pay for both untill about August this year. My case is in Alabama, but I live in Florida. Now I am behind and they are saying I can not file form CS 44 until it is paid in full. I just do not know what to... View More

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

If this is an Alabama case, why didn't you ask your question in the Alabama section of Justia?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.