Florida Child Support Questions & Answers

Q: Why should i have to place my child father on child support to receive benefits for me when he already cooperates with

1 Answer | Asked in Child Support for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
You may not be his responsibility, but supporting your children is the responsibility of both of you. Therefore the state requires that he help it support them.

Q: How does disability from the military/VA factor into child suport

1 Answer | Asked in Child Support for Florida on
Answered on Feb 12, 2019
Rand Scott Lieber's answer
Child support in Florida is based on each parent's net income. If a parent is receiving disability payments then they are included in their income.

Q: I am unsure about jurisdiction in a child support/custody case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
As far as custody is concerned, the judge in Minnesota was referring to the Uniform Child Custody and Jurisdiction Act, which is law in both Minnesota and Florida. There is an exception, however, when neither party to the original custody decree is still in the state where the custody decree was entered. Thus, since neither parent still lives in Minnesota, the Florida courts could entertain an action to modify custody.

Q: Divorce needed. The couple has been separated for 18 years, the child is almost 21, back child support is being paid

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Answered on Feb 5, 2019
Heather Lee Mayer's answer
Yes, you could be assisted with this but more information would be necessary. If you would like to schedule a complimentary consultation with my office feel free to call (904) 330-0289 or email us at tyson.denson.law@gmail.com.

Q: Where do I ask for child support Puerto Rico or in Florida?

1 Answer | Asked in Child Support for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
Child support in either place if you going through the Department of revenue. He can go to the local Florida Department of revenue child support enforcement office and their staff will guide you. Typically if the case must be litigated in Puerto Rico, then Florida will gather your information, and send it to their sister agency in Puerto Rico to process the child support. If you want to litigated yourself, then you would need to speak with an experienced local family law attorney to determine...

Q: What happens in the case of two parents having a verbal agreement on 50/50 custody rights

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
Please look at Florida statute chapter 61.13 which outlines the factors and considerations the court will look at the making a determination of the appropriate parenting plan and time-sharing for the parents. A verbal agreement is fine as long as the parties continue to agree. It is better to have a written agreement, and even better to have a fully formed parenting plan and or court order. You may want to speak with an experienced local family law attorney to see what they suggest and help...

Q: When we get Married will any of my income be taken as part of his Net income for child support to his ex wife?

1 Answer | Asked in Child Support and Tax Law for Florida on
Answered on Jan 30, 2019
Terrence H Thorgaard's answer
No, your income will not be taken to pay the child support he owes.

If you file your income tax return as "married filing jointly" (which usually is the best way to file), and if the tax refund is garnished, the IRS has a form you can file; it's called an "injured spouse" form. That should enable you to get your portion of the refund.

Q: Can obligee have cs taken by the State of Fl for some reason? Ex says FL is keeping her cs. Or is she lying to get mo $?

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Jan 28, 2019
David Alfred Carroll's answer
You can contact the Florida Department of Revenue directly to see how the money you are paying is being handled. Typically, child support belongs to the child. Therefore, it cannot be interfered with by the court. However there are many exceptions when it comes down to child support, and it may be possible that the money is being redirected in some manner. Instead of relying on the mother to provide you with information, you should get it on your own from the department of revenue, that way you...

Q: I haven’t seen my kids in months, mother will not let me see them, we don’t currently have a agreement in place

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 28, 2019
David Alfred Carroll's answer
If you strongly believe your child is in danger, then you may want to reach out to the Florida Department of Children and Families for help. You make a report to the phone number 1-800-96ABUSE. Getting DCF involved can be good or bad and you need to independently waive those options and see what's best for your family.

You should speak with an experienced local family law attorney, one that has dealt with child abuse, and see about enforcement or modification of custody. If you are the...

Q: As the child (35 yr now)never received child support from her father while living in PR can she claim the total pension?

1 Answer | Asked in Child Support for Florida on
Answered on Jan 28, 2019
Rand Scott Lieber's answer
Unless your mother got a judgment before you turned 18 she probably cannot recover past due child support so many years later. Since child support was owed to the parent if you are the child you have no standing (independent right) to collect past due child support.

Q: Do I have to pay for child care on the other parents days?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jan 24, 2019
Rand Scott Lieber's answer
Child care expense is a part of the child support calculation. You may or may not "take a hit" but the number will change based on the cost of the child care.

Q: Child support ending, Living in Puerto Rico, Children moved to Florida.

2 Answers | Asked in Child Support for Florida on
Answered on Jan 23, 2019
Terrence H Thorgaard's answer
If the Puerto Rican child support order provides that child support ends when he graduates from high school, I believe that the Florida courts would have to give full faith and credit to the Puerto Rican court order. Therefore yes, your child support obligation would be finished.

Q: Filing for divorce, me and husband separated for 4 years. Newborn isn’t his. Can i ask for Zero child support?

1 Answer | Asked in Child Support and Divorce for Florida on
Answered on Jan 23, 2019
Mr Eric Klein's answer
The answer to your question is not so simple, you have a complex situation. What you will need to do is disestablish paternity with your husband and establish paternity with the child’s biological father. Once you establish paternity with the biological father, then you can avoid completing the child support guidelines. Without going through this process, a judge will not allow the divorce to go through. Good luck

Q: How many days do they have to file a seizure of property from the day they took the property in the state of Alabama

1 Answer | Asked in Criminal Law, Employment Law, Child Custody and Child Support for Florida on
Answered on Jan 17, 2019
Terrence H Thorgaard's answer
You might want to rephrase your question so that it can be understood (Who took what kind of property? Did they take it pursuant to a court order or as a secured party? And what do you mean by "file a seizure of property"?) , and ask it in Justia › Ask a Lawyer › Alabama ›, because it appears to relate to the law of that state.

Q: Florida held the payments made to me for a child support order bc of modification review. Will I get them for back child

1 Answer | Asked in Child Support for Florida on
Answered on Jan 14, 2019
Rand Scott Lieber's answer
This answer assumes that you are in court in Florida, not Ohio. The court should do the math regarding what was previously owed and what will be owed going forward. You should receive credit for any balance due and owing to you on the effective date of the modification.

Q: W/ only 4mos of child support left, can my husband directly pay his 17yo daught. if ex isn’t prov. safe living/food?

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Jan 14, 2019
Terrence H Thorgaard's answer
Yes, call CPS.

Generally, child support is payable to the custodial parent, not the child. So if he pays the child directly it probably won't count. But to be sure, post your question at Justia › Ask a Lawyer › Tennessee › Family Law ›.

Q: What can i do if my dad stop sending me child support?

1 Answer | Asked in Child Support for Florida on
Answered on Jan 12, 2019
Terrence H Thorgaard's answer
No, you can't, directly, do anything about it. Child support is payable to the custodial parent. If your mother is not getting the child support that your father should be paying, she has remedies.

Q: Tax fraud was exposed during child support trial, is a judge likely to report it?

2 Answers | Asked in Child Support and Tax Law for Florida on
Answered on Jan 11, 2019
Linda Simmons Campbell's answer
This is a very complex issue that cannot be fully addressed in this format. Call a good tax attorney directly. Most of us offer a free consultation.

Q: If I turn 18 but have not graduated from HS. Can I choose what parent I live with?

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Answered on Jan 4, 2019
Terrence H Thorgaard's answer
I don't think the divorce papers mean anything; you are considered an adult when you turn 18, and can live with whomever will have you.

Q: What does this mean in layman's terms? When does CS stop for my 18yo daughter? Thank you

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Dec 21, 2018
Terrence H Thorgaard's answer
Assuming she is the youngest child, is she going to graduate before her next birthday? Is she still your dependent? If so, you need to ask the court to extend the order so that the father will be required to continue paying child support.

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