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Florida Child Support Questions & Answers
1 Answer | Asked in Child Support for Florida on
Q: Child support delinquency

I recently got a letter from the clerks office stating I was delinquent on payments. The reason they think I am delinquent is because I made direct payments to the other party that weren’t recorded with the clerk. I have copies of all the checks. I scheduled a hearing to sort it out. The lawyer I... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2021

You need to notify your attorney in writing that you do not want his services. You cannot stop the attorney from appearing at the hearing but you can put them on notice that you are not paying for them to appear at the hearing. If you have a retainer agreement with the attorney you should read it... View More

1 Answer | Asked in Child Support for Florida on
Q: How can I collect child support from Puerto Rico order?

I transferred from Puerto Rico to Florida a couple of years ago with my daughter. My ex is not paying child support and has an open case in court in PR but when he gets a citation, he files for bankruptcy to prevent the local court from collecting from him. He doesn’t pay and the bankruptcy case... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2021

You were told correctly: if he is not in Florida, you can't pursue child support in Florida because the Florida courts don't have jurisdiction over him (and presumably he has no assets in Florida anyway).

1 Answer | Asked in Child Support for Florida on
Q: My ex wife has been asking me for extra money. Since the pandemic I lost my job and earn less. I pay child support fully

All my child support payments by court order are up to date, but she consistently asks for additional money when I in no position to provide any extra money due to my own financial hardship. She threatens me that she will go to court to ask for back pay of aftercare for our children, but never once... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2021

She doesn't have a case. What's your question?

1 Answer | Asked in Child Support for Florida on
Q: What do I bring to a child support hearing requested by the other parent after the department of Revenue proposed order?

The child is 1 year old. The father signed the birth certificate. I receive food stamp & Medicaid for my daughter. He has only bought a small few items since she has been born.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 4, 2021

Generally the main issue at a child support hearing is proof of your income. You may also want to have a list of any direct payments that you received, if any. If you receive the child support then DOR may still represent you. Contact them directly for guidance.

1 Answer | Asked in Child Support for Florida on
Q: Looking to modify an existing child support order that has not been reviewed since 2011.

The father was ordered to carry insurance & pay a set amount biweekly. Since the order was put into place he lost his job due to drug use & eventually completed rehab, now has a new job making a significant amount more than when the original amount was ordered. My husband & I have also... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 3, 2021

Child support is based on each parent's income or ability to earn income if they are not working. If you are able to work as a nurse but choose to stay home the court can impute income to you as if you were working. The imputed income will be used to calculate the child support.

1 Answer | Asked in Child Support for Florida on
Q: Child support order was in PR we all move to Florida 5 years ago

My ex wife,kids and I move more than 5 years ago to Florida, she register the case in Florida and is being enforced by DOR, PR child support is till age 21, Florida 18, she is now requesting a modification of child support and my oldest is almost 19. Do I have to continue paying till the kids are... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 3, 2021

Florida only enforces the original order from PR. If that order says child support until 21 then that is the law of the case. You have to return to court (in FL) to litigate the modification. You should look for a local family lawyer that offers a free consultation to explain or investigate the... View More

1 Answer | Asked in Child Support for Florida on
Q: Can a person claim and obtain Child Support in two different Estates for the same child?

My sister divorced in Puerto Rico and the Court settled the amount of money my nephew was going to receive.

Years later she moved to Florida, while visiting the ACCESS office someone told her to open another claim for child support. But my ex-brother in law continues to paid child support... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 2, 2021

There should only be one child support case. He needs to notify both courts about the primary (original) case. Ultimately the cases should be consolidated.

1 Answer | Asked in Child Support for Florida on
Q: My child’s father was ordered to pay child support he then filed a motion does that stop him from paying child support.

Do we have to return to court before I receive child support for our child?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 1, 2021

The current child support order remains in effect. Filing a motion does not stop the current obligation. The motion can seek to modify the child support but payments must continue until a subsequent court order makes a change.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: how do I get free legal aid for divorce and custody?
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 24, 2021

Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.

2 Answers | Asked in Child Support for Florida on
Q: how does child support work

not married ,child not born yet

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 23, 2021

Child support is based on each parent's income and the number of overnights spent with each parent. There is no child support obligation before a child is born. In order to establish child support one of the parents must apply to the court. Since you are not married it would be a paternity action.

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1 Answer | Asked in Child Support for Florida on
Q: My unmarried son just got child support papers from the state of Florida, the child is 1 year old

the mother does not work and lives with her mother, my son lives on his own, bills etc. what are his options

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 17, 2021

He needs to answer the papers. He can work directly with the Department of Revenue or he can hire a lawyer to help him. You do not mention if he spends time with the child. The Department is only going to focus on the financial aspects. If he wants to pursue timesharing he should definitely seek... View More

1 Answer | Asked in Child Support and Personal Injury for Florida on
Q: I have Child support arrears from PR and won a injury settlement in Florida. How much they can take ?
Charles M.  Baron
Charles M. Baron
answered on Feb 15, 2021

That would be a matter of Puerto Rican law and thus should be asked of a lawyer who is a member of the Bar Association of Puerto Rico. Without knowing a thing about Puerto Rican law, I'm guessing that your entire net recovery from your personal injury case would be fair game for those seeking... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: I told my wife I was going to let DCF know she violated her case plan so she put a injunction as well divorce paper on

Me. I told DCF that wife me and son were at her house. Not allowed. DCF don't believe me and took my visits due to injunction. I have gps location history that will match up with days foster mom brought son to wife. This will prove wife is lieng on injunction for retaliation because DCF... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2021

Your options "r" to re-write your question so that someone can understand it. Either that, or speak with an attorney.

1 Answer | Asked in Child Support for Florida on
Q: Florida child support. Order states I will be paying until my child is emancipated. She will not graduate year after.

Even though she has one year of high school left?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2021

Emancipated means eighteenth birthday unless your order says something else.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I lived in my grandma's house for 34 years along with my 24 year old austitic brother and my mom my grandma passed away

Last December and when my parents got divorced the papers State that my mom can live in the house minus him back in August my dad and stepmom moved in and they've been trying to kick us out can they do that ? .y mom has been trying to find a new place to live with me and my brother to no avail... View More

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Jan 29, 2021

There's a lot of information needed here to be able to properly answer. The documents from the divorce would need to be reviewed to see exactly what they say about who gets to own the house and who gets to live the house. If your mom is supposed to live it, then your dad would need to leave.... View More

1 Answer | Asked in Child Support for Florida on
Q: Can child work at all during college in order to retain CS? Order is in Alabama.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2021

It would probably depend on the terms of the child support order. But why not ask this in Justia > Ask a Lawyer > Alabama?

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have rears child support state of Florida my son is now 23 I've been out of work for over 8 months plus what can I do

What options do I have being out of work and injured I'm able to make any installments without a job because of my license again

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 28, 2021

You always have the option to return to court and explain your employment situation. You cannot undo the arrearage but you may be able to make smaller payments.

1 Answer | Asked in Child Support for Florida on
Q: How to Removing Ex-boyfriend from Birth certification? Wanted to put Real father on child support?

Back in 2010 child support sent me n my ex boyfriend to family court ( Self Help). I had to do a 3-ways paternity package. My ex-boyfriend n I did everything. Also with to court and had to do a DNA test. After 3 weeks the results was mail. He wasn’t the father. But the other person never show up.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2021

It wouldn't make any difference, as far as child support goes, to remove the ex from the birth certificate. If the other putative father lives in Miami, and child support can't find him, give them his address. If they need to again require him to be tested, they can do that.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: If my daughter's mother files for child support, and my daughter is now 17, will I owe her any money?

I live in FL, my daughter and her mother live in NY. She is the custodial parent, we were never married. We have no court ordered child support in place, but I have contributed to my child's living expenses when I am able to do so. My daughter is now 17. If her mother takes me to court for... View More

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Jan 29, 2021

Child support must be established where the Payor lives, so child support has to be filed by the Mom where you live, here in Florida, as New York does not have personal jurisdiction over you. The law in Florida is 2 years prior to filing the petition or request. She would have to file before the... View More

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: Hi i am looking to modify our child support agreement and increase the amount.

Is this something that is possible after an agreement of amount has been made? At the time of agreement and as the divorce was being finalized I was living in different circumstances. Due to safety issues we had to move out and now I cannot afford equal housing for the children with what we agreed... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 25, 2021

Child support is always modifiable until the child turns eighteen. You will need to file a Petition for Modification and explain why you want the change. Child support will be recalculated based on each parent's current income.

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