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and has been living with me since our breakup in April 2019. she see's her mom randomly some times once a month sometimes she will go 7 weeks without seeing her and its normally for a few days at a time when she does see her.
her mom has been living in motels hotels renting rooms and... View More 
answered on Dec 8, 2020
If you have not already, you need to go to court on a paternity action. There you can establish your timesharing (custody) in a court order. Until the father of a child born out of wedlock goes to court the mother has full authority over the child.
Good luck.
I had custody, our child moved back with her mom. We agreed on an amount I would send while waiting for support court. We had court Sept 2020. The judge gave her the option to reinstate support at a lower amount and giving her the opportunity to file for an extension until graduation. Or to... View More
answered on Dec 7, 2020
If the last order says payments end in December 2020 then they end. You may need to present this in court to defend your position but legally, she cannot have it both ways.
I lost custody of my child and didn’t have any representation in 2013 the year she was born. She was taken from me and I wasn’t in a great place to get her back. Now I live in Florida and own my own home and am married with two boys. She would have her own room and want her in my life I feel... View More
answered on Dec 3, 2020
You do not say how you lost custody. If your parental rights were terminated then there may be no recourse. On the other hand, if 100% timesharing was awarded to the other parent then you can go back to court for a modification. Speak to a local family law attorney.
Good luck.
Father is required to pay but is working the system, going on vacations working his non profit business keeping it from child support. Court ordered but working the system
answered on Dec 3, 2020
Most jurisdictions have an entity that helps enforce child support at no cost to you. Contact a local legal aid agency and ask about child support enforcement.
Good luck.
2004 was told by ex girlfriend i wasnt the father of the child. Come September 2014 I got served papers while living in another state. I Filled out the paperwork saying i want blood test for the child. I dont think that I'm the father. Come January 2015, money start coming out of my check,and... View More
answered on Dec 3, 2020
You need to look at the pleadings that were filed in 2014-15 to see what the determination was regarding paternity. Depending on what they say you may have a problem because you have waited so long to challenge the finding (at least in court). It is very difficult to recover child support that has... View More
My ex husband provided false financial documents to the court in order to evade paying back child support that he owed. He provided a different set of 1099’s, tax returns and commission payments to the court than what the IRS reflects. A final order for our child support case was entered in April... View More
answered on Nov 30, 2020
You can file a motion to set aside the prior child support order based on fraud. You will then have the opportunity to show the fraud and argue why the order should be different.
Both my ex and I live in Florida now and both of the kids have been living on their own for a year and are not enrolled in school. 19 and 22. My ex does not want to terminate for fear that he will have to back pay the money he has received. Florida Child support is stating that he has to request... View More
answered on Nov 30, 2020
You have the right on your own to file a Motion to Terminate the child support. You do not need the other parent's agreement.
answered on Nov 18, 2020
This sounds like a complicated issue that will require more details to assist with. Neither the step-parent nor the grandma has rights to the children. Therefore if one is causing alienation from the other, there may not be much the court can do. But it is a child's right not to be spoken to... View More
answered on Nov 12, 2020
In Florida, the gross up discount begins at 72 overnights (20%). The calculation is based on the number of overnights in the parenting plan. If a parent is not exercising the number of overnights designated in the parenting plan then you need to go back to court for a modification.
The case was closed due to the mother not cooperating with the courts and my child not actually living with her while she was receiving the child support. She refuses to keep stable employment and is not threatening to have the case reopened. My daughter is 15 and I send her money as her mother... View More
answered on Nov 11, 2020
If the children are with you in Miami then go to court in Miami. Establish that the children live with you and modify the child support accordingly. Child support will be a legal issue until the children turn 18.
Final judgement ordered my ex to pay child support and alimony as of 10/1... he’s filed a motion to re hear and has made it clear he has no intention to pay in the meantime or otherwise, what I can do to begin enforcement of said support now? How much time does he have to pay after child support... View More
answered on Nov 11, 2020
Filing a motion for rehearing does not stop his obligation to make payments. Since it has been more than thirty days you can file a motion for enforcement and contempt. There is not set time to wait to enforce a delinquency.
Was unable to address my income and housing expenses and address child visitation .
answered on Nov 4, 2020
It sounds like you need to file a Supplemental Petition for Modification. A child support order by itself does not address timesharing (visitation). Your income and expenses will be listed on your sworn financial affidavit which the court will consider when child support is calculated (or modified).
This fact is true however, the child is in college and is still being supported by myself and currently resides in my home. I also still pay for his insurance, vehicle, gas, and food.
answered on Oct 19, 2020
The law in Florida is that child support terminates at age 18 and/or high school graduation. Unless you have a settlement agreement that says something different the child support will end.
My kids and I used to live in NJ but have been living in FL for 3yrs now. My ex husband lives in New York. My child support case has been active in NJ for many years...how can I transfer my child support to our home state of FL to request a modification?
answered on Oct 6, 2020
You can file the modification in the jurisdiction where you currently live in Florida. You will need to include a copy of the NJ order on child support that you are asking to modify. A local family lawyer can help you with this.
answered on Sep 21, 2020
If you were never married, the mother has full timesharing (custody) rights to the child until the father goes to court on a paternity action. An administrative order that determined paternity and established child support does not automatically address timesharing (custody). The father's name... View More
and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... View More
answered on Sep 17, 2020
You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.
No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.
answered on Sep 17, 2020
No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... View More
Attachment C of Standing Family Law says to attach "a current, fully executed Financial Affidavit" to my Pretrial Statement.
Does that mean I have to include paystubs and receipts of how I've spent my income since the divorce was filed? Do I attach that to my current... View More
answered on Sep 16, 2020
I have answered several of your questions this morning, but I can't give you a reliable answer to this one. I don't know if the instructions tell you to attach paystubs and receipts or not. I suggest you consult with an attorney practicing family law in the Florida county where this... View More
I have a Florida child support order that says my ex is to pay $1200/month. However, he only pays around $400/month. There is an income deduction order, but for whatever reason the support is not being deducted from his paycheck. He moved to NJ & is working out there. Should I register the... View More
answered on Sep 15, 2020
You do not need to involve the NJ court. Your local Florida child support enforcement entity can help you. Contact the court where you live and notify them of his new employment. They will make sure that NJ receives the IDO.
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