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
3 Answers | Asked in Family Law and Child Support for Florida on
Q: What does case status of consent judgement mean in a Child support case in which I'm the receiving Parent

I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Sep 10, 2020

There isn't enough information here to explain what you may have seen on the docket.

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: Florida: Payor told DOR that they are sending money directly instead of through child support office Is this legal.

Court ordered payments through child support office , but no money since February. I called DOR and was informed that they were told payor told them that they are sending money directly to me, no proof ever given.

No call made to me and I was told to file a motion is this legal?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 8, 2020

You need to file a motion saying that you are not receiving the child support. Once in court it will be payors burden to prove that direct payments were made. If the court order says payments through state disbursement unit then that is where payor should be sending payments, not directly to you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: if custodial parent leaves the country for 2 years Leaves my son with his parents

per his passport, he is self employed, teaching English to Thai online, with his LLC and moved out of country from 11/2017-06/2020. He has been back and forth maybe 4 times, for a short visit.( I am filing for modification of custody), but he also collects SSDI for my son, who is DS and I pay child... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 4, 2020

What do you believe he did to defraud Social Security and the State of Florida? A custodial parent can hire someone to look after the child; so he could in theory also leave your son with his parents, although the court may well hold it against him in deciding your motion to modify custody.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I average 10,000.00 a year, he makes 60.000, what could I expect in child support? 1 daughter in school?

We’ve been living together, 24 years Is there common law here in Florida I’m getting mixed answers?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 1, 2020

No, so-called "common law marriage" is not recognized in Florida.

Florida Statute 741.211 provides as follows: 

"Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section...
View More

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I want to leave father of my 16 yo daughter we have been together 24 yrs can can I request alimony and support in Florid

And what could I except in support, she has 3 years left in high school I average 10,000 a year he makes 60,000

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 1, 2020

Assuming you are not married, you don't qualify for alimony. If you are awarded custody, you would be awarded child support. What do you mean that you "average 10.000 a tray"?

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: My son is 8 and his father is going after my new husband for child support can I file support for the 1st 4 years now?

We were never married & had verbally agreed on no support

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 27, 2020

How does your son's father figure that your new husband can owe the boy's father for child support?

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My ex husband forge my signature on our divorce decree and had some one represent me to get a divorce and claimed we had

No kid together, but we did. Is there a lawyer who would take my case up front and take money after the win?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 27, 2020

Attorneys are in general not allowed to agree to contingent fees in domestic relations cases.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi, I'm trying to terminate a child support case from another state. I live in Florida, and the support order is from NY

My kids are 23 and 25 years of age, and I'm still being charged for monthly support. How can I terminate a court ordered support case from New York, if I'm living in Florida? Hopefully there's online forms that i can mail to the courts, because there's no way I can go all the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 24, 2020

Call, write, send an email to the clerk of court in New York and ask if there are such forms.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I've been overpaying by $100 for the past 5 years, but I also have been paying the child's mother directly, am I screwed

My husband has a custody agreement where he is supposed to pay $300 a month plus an extra $100 for back payment till the $1500 he owed was paid off. I adore him, but he just does whatever she says because he's scared of her. He didn't realize the $400 was supposed to be temporary and that... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 18, 2020

You do not need a lawyer. Your husband needs to call the Department of Revenue and find out the balance they think he owes. Go from there: I he can prove the payments he will be good to go.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: been dealing with support case for 13 yrs with my child’s mom. She has family that works in the system manipulated

Child lives with neither parent yet she seeks child support. Lost my job and I’m a injured vet whom served 7+yrs. original case from Illinois. Mother moved child from Chicago to Arizona without fathers (me) consent or knowledge

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Aug 17, 2020

Your question is unclear. If you need someone to review the order of child support or modify it, since you lost your job, you will need to have someone where the order was initially entered, which from your question was not in Florida. You may want to repost your question in the Illinois section of... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter turned 18 last year Florida revenue closed the case in 2017 why is the st of Georgia unaware of this

Why are they still garnishing my disability check and took my stimulus money when I don't owe them nothing I sent a copy of the transaction history dating all the way back to 2012 showing balance due is zero I believe I'm intitlled to reimbursement from the date of case being closed til now

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Aug 17, 2020

Sometimes, when a child support order is not clear when child support ends, you have to ask the court to end the child support. You may need to get a court order ending the support and addressing the issue of over payments.

Good luck.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child support case has been closed since 4-28-17 I'm still paying do I have a case
Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Aug 17, 2020

Having a closed case is not the same as not having a responsibility to pay child support. It's unclear what you mean by closed case. If your child/children have all reached the age of majority (18) and graduated from high school, then you should be done paying. If money is still being taken... View More

2 Answers | Asked in Family Law and Child Support for Florida on
Q: What do I do if recommended order from a magistrate had wrong information?

The information used to calculate back support did not have the correct overnights. How do I proceed to try and have it corrected?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 10, 2020

File a motion telling about the mistake.

View More Answers

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Son relocated long distance to live with me. I'm waiting on a hearing for the cs modification. Do I have to pay cs?

Background:

- Petition for cs modification filed (pro se) in May.

- Mother defaulted in June, petition filed and granted.

- The proposed consent order for timeshare was signed by both parties and was filed in July; currently waiting for Judge to sign. (It is the exact... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2020

Consider paying the CS into escrow or depositing it with the court. If she pursues enforcement explain this to CS enforcement.

View More Answers

1 Answer | Asked in Child Support for Florida on
Q: If I never requested child support from the father for 13years child moves with father now can he request child support

My son has lived with me his whole life from birth till now and he is 13 years old now. If he moves with his dad now will his father be able to request child support for the next 5 years of him living with his dad??

I have never taken him to court.

Please help

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2020

Basically, yes, the father can seek child support from you. A big problem is the fact that the statute of limitations has run on much of the child support you never asked for.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Will notice ofunavailability move a client deadline to produce if attrny included deadline delay verbage in his filing?

I have Signed Order to produce financials due 7/31 from my ex . His attrny filed Notice of unavailability yest. Includes delay of deadlines in the filing to 8/10. Does that move my ex(his client's) deadline from 7/31 to 8/10? Can I efile response to notice asking that his client's... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 29, 2020

You can do whatever you want, but you might as well just document this violation and then wait until August 11 to see if the documents were delivered as the lawyer said. If not THAT is the time to start moving against both of them.

1 Answer | Asked in Child Support for Florida on
Q: I got a letter from Florida child support saying I was paid 1,800 that was someone else’s or taken back by the sender

Now they want me to repay 1,800 the father owes 12,000 plus still. Do I have to pay this back ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 26, 2020

Child support paid the money to you instead of the rightful recipient? Yes, you have to repay it.

2 Answers | Asked in Child Support for Florida on
Q: I am current paying child support many years but I have accrued payments can I co-sign on a house without getting Lien

I lost job in 2008 so that’s when backed payments accrued. I pay my child support plus extra for the accrued. The case is in Chicago but I live in Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2020

You are, as I understand it, current then. But if you have a question about this situation, you probably should ask it in Justia > Ask a Lawyer > Illinois; it would have nothing to do with Florida law.

View More Answers

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I have a pending child support case & I’ve been supporting my daughter since she was born 1.5 yrs ago. Should I keep

keep Sending her mother money to help support my daughter or should I wait until the court case is final. I just hate the fact that courts like to say any money sent for support of your child is considered a gift. Which I don’t think is fair. She uses my daughter as leverage to hurt me by not... View More

B. Elaine Jones
B. Elaine Jones
answered on Jul 23, 2020

You should have a consultation with a family law attorney to find out what you can do to get more time sharing with your child. If you continue to provide support for your child, make sure to keep track of it and always put in the legend of any checks or money orders child support. Most JUSTIA... View More

1 Answer | Asked in Child Support for Florida on
Q: Does my boyfriend have to pay child support to his ex wife if he has more custody and the child lives with him
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2020

Depends on what the divorce decree says.

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.