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Florida Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Florida on
Q: My fiancé has a son who is 12 yrs old and lives with his mother in Puerto Rico.

My fiancé who uses my address in FL, but is only in FL 3-5 days out of the month since he started working as an independent contractor and drives all over the states. He was married to the mother of his child for 3 months in PR, they got divorced and a child support was established. After the... View More

Jean Richardson
Jean Richardson
answered on Feb 28, 2020

The support order was registered/domesticated in the county where you live. Is your address on his driver's license or did he provide your address as his home of record. Regardless, since the order is now registered in FL, his wages may be garnished by the FL Department of Revenue for child support.

1 Answer | Asked in Child Support for Florida on
Q: I’ve been told I’m in the arrears with my child child support and my license has been suspended.

After viewing my decree I was to pay $114.97 monthly. They have been taking $330-401 monthly. I believe I have overpaid to date. What is my course of action? I have my payment records from the court. It appears that I may have been behind, so they increased payment to catch me up but never put... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 27, 2020

You need to go back to the court that issued the order and ask for an accounting of your payments.

1 Answer | Asked in Child Support for Florida on
Q: Does a company have to pay child support if based out of California

My wifes ex hasnt made a payment in over a month and has back child support due as well close to 3200.00, He is currently working but says he doesn't have to pay his court ordered child support because his company is based out of California. He is working and living in Florida. is he right?

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

No, he is incorrect. I have no idea what he thinks that has to do with his duty to pay child support.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a petition to establish paternity conflict with an application for child support?

I applied for child support about 2 weeks ago, and they just sent me a letter saying they opened an administrative case. I’m pretty sure that my ex boyfriend received this as well, b/c I just checked the clerk of court website & I see that he has filed a petition to establish paternity (filed... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 25, 2020

The DOR case (administrative) and the Paternity case should be consolidated by the court. There is no reason for a delay as you are entitled to child support regardless of his filing.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can I charge the father of my grandchild rent as I will be housing his child after abandoning my daughter

My daughter is currently finishing her degree and has not worked so my husband and I will be helping her raise the child

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 24, 2020

You can charge him rent if he is living in your house but you say he has abandoned the mother. If that is the case then the mother needs to pursue child support from the father, which she can share with you for expenses.

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1 Answer | Asked in Child Support for Florida on
Q: My ex is trying to buy weed to set up another person so he gains custody is this illegal

I have a text message with him stating he is doing this

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2020

Is it legal for him to buy weed? Not the last time I checked, no.

What do you mean "set up another person"? Plant it on the other person, or sell it to that person? Of course not. But if the other person (the mother of his children, perhaps?) is caught with it perhaps your...
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1 Answer | Asked in Child Support for Florida on
Q: How should child support be calculated if the child is also receiving SSDI?
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 23, 2020

SSDI is a credit in the calculation. You should consult with a local family law attorney who can do the calculation for you.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Me and my exhusband divorced now he back in don’t pay anything except child support do i count him in household?

We have two girls one autistic i receive ssi for her

Victoria Lyn Anderson
Victoria Lyn Anderson
answered on Feb 22, 2020

I’m not completely sure I understand your question but if you are filling out a form and it asks for who resides in the home you want to be sure to answer it truthfully. I would suggest contacting and attorney though to ask your question so it can be answered fully because it could depend on what... View More

1 Answer | Asked in Child Support for Florida on
Q: How much money will she receive for three kids but I’M unemployed
Jean Richardson
Jean Richardson
answered on Feb 19, 2020

The formula uses both parties' income. A judge or the department of revenue will impute minimum wage on you if you are unemployed. The final amount depends on many factors in the child support guidelines such as, how many days a week the children are with you or her, etc.

1 Answer | Asked in Child Support for Florida on
Q: Can I use proof that my baby mama is only using child support to get money from me?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 18, 2020

Your question doesn't make any sense. Of course she wants money from you: specifically money with which to support your child.

1 Answer | Asked in Child Support for Florida on
Q: Can a mother in the state of Florida, try to collect child support from a father that never knew she had a child?

The child is 18 and has never had contact

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 16, 2020

In Florida, if the child is already 18 and there was never a paternity action then it is too late to pursue child support.

2 Answers | Asked in Child Support for Florida on
Q: I have a child support order in Florida. I have been paying onlinr.every 2 weeks religiously.

But for the past year I have been paying her directly. If she writes a letter to child support will that be enough for credit?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 16, 2020

It should be enough but you should always keep your own record of any direct payments ( canceled check, online transaction printout, etc.).

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1 Answer | Asked in Child Support for Florida on
Q: Divorced in GA 2015. Ex-wife now lives in SC Need to make a CS Mod...do I file in SC or original divorced state, GA?

Also, the CS Mod I’d like to attempt to make is this. I’m on disability, in turn my son gets his own stipend as I’m sure you’re aware. It was agreed on between she and I that I didn’t need to write her a check every month , as, not only would my son’s stipend from my SSDI cover my CS... View More

Jean Richardson
Jean Richardson
answered on Feb 13, 2020

Did your ex domesticate the GA order in SC? If yes, you must file in SC. I'm licensed in FL so, you should call an attorney in GA or SC for either state's substantive law dealing with child support. My experience in FL, even if she did not register the order in SC, if she's lived... View More

2 Answers | Asked in Child Support for Florida on
Q: Can you request child support when the respondent files to modify an injunction?

I have had a permanent injunction against my ex boyfriend since July 2018. I did not ask for child support when I got that injunction. He has now filed to modify the injunction so he can see our son (our son is on the injunction), and I’m wondering if at this hearing I can ask for child support?... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 12, 2020

Unless you already have a companion case for paternity or divorce you will need to file that separately to pursue child support.

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3 Answers | Asked in Child Support for Florida on
Q: Can I request temporary child support during a paternity proceeding?

My ex bf has filed to establish his paternity, and we have an upcoming hearing. I wanted to know if I can request temporary child support while this case is pending? He has not seen our daughter in over a year & nor has he sent any money to help support her and child support had been unable to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 12, 2020

You can pursue child support at a minimum from the date that papers were filed in court and under the proper circumstances you can go back two years.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Desperate for justice ! I need enforcement and modification- I am now in FL divorce was in AL.

My ex husband (prior military) got out of the military during divorce to avoid pay being garnished. (He always said he Refuses to pay me to raise our kids). So his CS was based off min. Wage for 3 special needs children. He took everything we owned in the divorce (before finalized). I moved to Fl... View More

Jean Richardson
Jean Richardson
answered on Feb 12, 2020

Did you register the child support order in FL? If yes, the Department of Revenue should have garnished his wages if he has a job/income deduction order. The amount of child support is going to be based on his income. If he is only making minimum wage, you are not going to get much regardless the... View More

2 Answers | Asked in Child Support for Florida on
Q: Am I responsible for retroactive child support while I was incarcerated?

I broke up with my ex girlfriend July 2018 and in January 2019 I was sent to jail until July 2019. Back in January of this year I was served with an administrative order to establish child support. I completed the paper work & turned it back in in time. Yesterday I just received a proposed... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 12, 2020

A parent can be imputed minimum wage as income. Going to jail or prison does not alleviate the child support obligation. They should give you time to make payments on the arrearage.

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1 Answer | Asked in Child Support for Florida on
Q: My husband received a summons for a Request for Admissions for a new child support case.

His daughter is now 10 yrs old. Paternity wasnt established until 2016 and he was then added to the birth certificate. The mother didnt show up to court so no child support payments were ordered. Now she is requesting a modification and wants retroactive child support from the date the child was... View More

Jean Richardson
Jean Richardson
answered on Feb 11, 2020

Retroactive child support only goes back 2 years from the date she filed the child support action in the state of Florida. Therefore, she will not succeed in asking for arrears from the child's DOB.

1 Answer | Asked in Child Support for Florida on
Q: I got paper work for child support and missed the deadline what do i do now
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 10, 2020

You can still respond. Even if something happened child support is always subject to modification until the child turns 18 or otherwise emancipates.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I deny a referral to a magistrate?

I've been assigned to a magistrate but I want my case to be heard by the judge and reason being Im waiting for my tax return at the end of the month to get a attorney.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 9, 2020

You can file a written objection within ten days of the referral.

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