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Florida Child Support Questions & Answers

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: Do I still have to give money out of my pocket even if I already pay child support?

Rand Scott Lieber answered on Jul 22, 2019

You do not need to pay more than the court ordered child support amount each month.

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: What can I do is this even fair?

I pay child support regularly and my child’s mother keeps asking me to send her money via money order everyday and I always send her the money but she never lets me visit or spend time with my daughter.

Rand Scott Lieber answered on Jul 22, 2019

You need to go to court and ask for a parenting plan which will specify when the child is supposed to spend time with you. Then if she refuses you can go back to court and ask the judge for help. You should also have a specific amount of child support to pay each month, not whenever she asks for... Read more »

1 Answer | Asked in Child Support for Florida on

Q: How do I forgive arrears in Osceola cty FL?

Rand Scott Lieber answered on Jul 22, 2019

You can file an affidavit with the court regarding the arrearage.

1 Answer | Asked in Child Support and Family Law for Florida on

Q: Can my ex and I agree to a modification of child support ? If so, What do we do?

divorced, child support was agreed at 600$ per month one child, 9 months later he is starting vpk - child care cost is less, i have had twins in another relationship, i get him more now than agreed upon in the final judgement. can we file papers to modify to 300$ per month? with these reasons? are... Read more »

Rand Scott Lieber answered on Jul 22, 2019

Any agreements that you make for modification should be in writing and signed by both parents. As long as you are making the child support payments there really isn't any scrutiny. The problem arises when one of you goes to court later and complains that the child support was "too much" or "not... Read more »

2 Answers | Asked in Family Law, Child Support, Probate and Wrongful Death for Florida on

Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...

My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...

Does Florida law prevent his kids from being in first control of everything when... Read more »

David Hughes Harris answered on Jul 16, 2019

Sorry to hear of your loss.

An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.

Please note that while your dad was "separated," Florida...
Read more »

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1 Answer | Asked in Child Support for Florida on

Q: can child support help with getting a child passport consent form signed from the non custodial parent

Terrence H Thorgaard answered on Jul 12, 2019

Probably not; that's not any of child support's (Dept. of Revenue) business.

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: My daughter is choosing to move in with non custodual parent, does he have to continue to pay his child support?

Recently we had a dcf action plan and my child went with another family member until the case was closed. She was able to come back in my home. However she decided to move in with her father back in MD. I am custodual parent and he pays court ordered child support and we have court ordered... Read more »

Rand Scott Lieber answered on Jul 8, 2019

First, he will still owe any arrearage that has accumulated.

Second, he needs to modify the current court order to change the child support obligation. Once he does that he may not owe any new support going forward.

1 Answer | Asked in Family Law and Child Support for Florida on

Q: Husband had a affair with someone who is married. The person got pregnant, and my husband's name is on the birth certif.

Technically, is the child considered his, even though she is/ was married? Is she entitled to child support and what rights does he have? He received an administrative letter from Tallahassee saying a child support case was opened. That was a few months back, have not heard anything since. He has... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

IMO, at best all your husband can do at this point is to sue in a circuit court seeking determination of paternity. That would be a good place to raise the issue of the mother's marriage--although her being married does not automatically mean that your husband is not the child's father. Before... Read more »

1 Answer | Asked in Child Support for Florida on

Q: As the "sole caregiver" can I sue for child support from the birth mother.?

For the last five years I have been the sole caregiver of two children. I was in a relationship with the father but I was the one that paid for the children's daycares close food housing Etc. The mother lost custody in Georgia but we currently resign and Florida.

Terrence H Thorgaard answered on Jul 3, 2019

Parts of your question are sort of difficult to understand, but yes, you can seek child support from the biological parents for children whom you support.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on

Q: Can my ex file for child support again after a current child support order is in place?

My ex and i separated in 2011, she filed and was granted child support that year. We got back together in 2014 , i continued to pay child (even though we lived together) we separated AGAIN 02/2019. I was now served with Petition for determination of paternity seeking Sole parental responsibility,... Read more »

Henry George Ferro answered on Jul 1, 2019

The simple answer is yes: child support is reviewable by the court upon a change of circumstances. Regarding the affidavit, you will have an opportunity to cross examine her...

1 Answer | Asked in Family Law and Child Support for Florida on

Q: Can a Florida child support judge stop a mother's social security disability?

My daughter lives in Orlando, FL. I live in Tennessee and I'm trying to get information to help her.

Henry George Ferro answered on Jun 25, 2019

I don’t believe he/she has jurisdiction to do so...

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on

Q: FLORIDA: Does a Contempt of Court have to be filed for each similar incident after initial is filed?

Motions have been filed for four different things and non-custodial has now done two of them again. Just filed earlier in June, so no communication from court yet. (E.g. leaving the state without proper notice or not even saying that they were out of state a couple days). Thank you.

Rand Scott Lieber answered on Jun 24, 2019

Depending on how different the issues are you can file a supplement to your motion adding the additional incidents. It is not required.

1 Answer | Asked in Child Support for Florida on

Q: My youngest just turned 18 and I have been paying child support for (3) since 2006. How do I go about stopping support?

I have had payroll deduction since starting payments, the youngest is now 18 and I have done my part. How do I stop the order so support payments stop coming out of my check?

Rand Scott Lieber answered on Jun 21, 2019

You must file a motion with the court that issued the child support order asking to have the support terminated.

1 Answer | Asked in Child Support for Florida on

Q: Child Supp Fla, ex spouse remarried. Kids Health Ins transferred to her new spouse. Grounds 4 me to 2 file reduction?

Her new spouse's insurance primarily covers himself, his own 2 kids, now my ex, and now my 2 kids. "As we all know" there is no increase in cost just to add 2 additional children to a healthcare policy.

Child Supp included health care coverage costs for our own children. She personally now... Read more »

Rand Scott Lieber answered on Jun 19, 2019

Child support is always modifiable. If you file for a modification the court will look at each parent's current income to do the new calculation. It is possible that the court will take the family health insurance premium and figure out what portion is paid for your children only. It does not... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on

Q: I have full custodian of my son I make 73,000 and his father is self employed. I pay for his medical expenses.

He takes him every other weekend or whenever he wants can I have a case of child support?

Is a paternity case never married.

Rand Scott Lieber answered on Jun 19, 2019

Child support is the right of every child in Florida. You do not mention whether you are divorced or if it is a paternity case. Either way you can file for child support.

1 Answer | Asked in Child Support for Florida on

Q: My fiancee's last child is about to turn 18 in about 30 days Located in Rhode Island, we live in Florida.

We were wanting to get married (After he turned 18 and falls off the currently owed) but didn't know if they they would either

A. make him pay more in arrears,

B. ask me to pay the arrears,

C. if we had to wait a specific time frame after he turned 18 to get married etc.

Terrence H Thorgaard answered on Jun 18, 2019

A: Because he had married you? No.

B: No, he owes it; you would not owe it just because you marry him.

C: No.

1 Answer | Asked in Family Law and Child Support for Florida on

Q: In Florida - Dad stopped paying child support at 18 but before graduating HS --at that point started sending half to son

First son turned 18 in March and graduated May of 2017, second son just turned 18 in April didn't graduate until May - daughter is 16 and will turn 18 in two years December but won't graduate until May. Dad thinks he can stop sending mom check for $1000 per child and send the kid $500 directly... Read more »

Henry George Ferro answered on Jun 12, 2019

Dad is wrong...you need to file a motion for contempt against Dad asap...

1 Answer | Asked in Child Support for Florida on

Q: I recieve social security. Can i get child support for my 2 children 17 and 11? My ex makes 62,000$yearly.

B. Elaine Jones answered on Jun 12, 2019

You should be able to if you have majority timesharing. You should consult with a family law attorney. Most Justia lawyers offer a free initial consultation. Call one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esquire

1 Answer | Asked in Child Support for Florida on

Q: My son is 21 and I still owe over $70,000 in back support. Can I get child support sanctions lifted if my ex agrees?

Rand Scott Lieber answered on Jun 10, 2019

You can return to court with your ex and tell the Judge that they are willing to waive the arrearage; however, there is no guarantee that the judge will accept the agreement.

1 Answer | Asked in Family Law and Child Support for Florida on

Q: no parental right or communication (She lives in puerto rico)

My husbands ex wife took his parental rights when the baby was about 3 months old, she does not let him see her much call. She still have him on child support... does he still have to pay

Terrence H Thorgaard answered on Jun 4, 2019

Yes, child support and visitation are not dependent upon each other; he still has to pay child support. His option is to seek a court order allowing him visitation.

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