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Florida Child Support Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Is there any legal document I can provide to my girlfriend that gives her full authority over our child?

Me and my girlfriend live in Florida. She is divorced but kept her ex husband's last name. We are expecting and she wants the child to have her last name. I understand her concern, we have seen other mothers struggle to give their child a better life because the dad wouldn't consent (even... View More

Rand Scott Lieber
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answered on Feb 3, 2020

If the two of you are not married, unless you file a paternity action she has 100% rights to the child. Putting your name on the birth certificate will not change that.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Can CP change jurisdiction of a support order simply by moving to another county or out of state?

CS Order from Camden County. Ex moved to Seminole County, Camden County still did all deduction orders, etc. Ex moved to Florida and Camden closed the case.

Ex tried to have case reopened with only 120 days to emancipation. Camden denied request and Ex solicited Seminole County who reopened... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2020

No, double jeopardy doesn't apply in civil case, only criminal cases. What it probably would be, however is "res judicata", law-Latin for "the matter has already been litigated".

2 Answers | Asked in Family Law and Child Support for Florida on
Q: CS order originated in ny. I live in fl my son and his mother moved to fl. 18 last year and fl registered order

He moved back to ny but i live in fl and so does his mom. Can cs end?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 2, 2020

Unless there are extenuating circumstances or some contract stating otherwise child support ends in Florida when the child reaches he age of majority, i.e. 18.

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1 Answer | Asked in Child Support for Florida on
Q: What is a hearing to dismiss due to lack of prosocution
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 31, 2020

It's normally scheduled by the court when the plaintiff (the party which filed the lawsuit) has apparently done nothing on a case for a long period of time, and is therefore required to show good reason why the case shouldn't be dismissed (and thus closed).

1 Answer | Asked in Child Support for Florida on
Q: If I live in FL and my ex moved to PA, got remarried, is now filing for more support, what can I expect

3 daughters.

She and her husband both make over $150k each year. Buying a new $900k home. Most large purchases (luxury vehicles, RVs, jet skis, electronics) hidden under his parents name. Numerous international trips.

I make $70k a year. Meet my visitation requirements, without... View More

Rand Scott Lieber
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answered on Jan 29, 2020

If your original child support order is from Florida then that is where it should be modified. You do not mention how the relocation took place. You must have agreed to it unless you fought it in court. In Florida, travel expenses for timesharing can be considered part of child support. Child... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Court arrears, please help.

I’m a divorced mother of 2. Divorced in 2005-last order from a judge (2014) was for me to pay 50.00 a month. Arrears are 21.000, the real amount already paid amount is $ 7,000 I have the receipts. My children are now 26 and 22. I’ve supported my son for 3 years he’s graduating college in... View More

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

In my opinion you will have to return to the same court that entered the 2014 Order requiring you to pay the arrearage and file a motion for relief from the judgment to try to persuade the judge that--under these unusual circumstances--the total arrearage alone ($21,000--without considering any... View More

2 Answers | Asked in Family Law, Divorce and Child Support for Florida on
Q: Family law

I’m a divorced mother of 2. Divorced in 2005-last order from a judge (2014) was for me to pay 50.00 a month. Arrears are 21.000, the real amount already paid amount is $ 7,000 I have the receipts. My children are now 26 and 22. I’ve supported my son for 3 years he’s graduating college in the... View More

Rand Scott Lieber
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answered on Jan 29, 2020

You do not mention if you are paying anything now. If there is no open court case then you can just stop paying and see what happens. The court lost jurisdiction when your youngest emancipated.

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1 Answer | Asked in Real Estate Law and Child Support for Florida on
Q: Hi, I currently have a child support case with the Department of Revenue. The back child support is about $10,000.

He owns a home that has an offer on it. It is a short sale. If I got a judgement for a lien for past due support. What is the possibility or pecking order debts are paid, if at all if the sale goes through. There are back taxes owed also. Thanks

Rand Scott Lieber
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answered on Jan 29, 2020

The mortgage is always paid first. A short sale means the bank is accepting less than the total mortgage debt so it is unlikely that there will be anything left. Taxes or other municipal debts get paid after mortgage. My guess is that your chance of collecting is a long shot.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Daughters 18 and 19 can they move from PR to US to live with dad instead of mom?

Daughters are 18 and 19 they live in PR and want to come live with dad in the US. Divorce stated mother has full Custody and mother gets support since they were 8, and 9. Would they be able to move without legal issues?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2020

Probably not. Apparently 21 is the age of majority in Puerto Rico. Assuming the divorce was in Puerto Rico, the mother would probably have to apply to the Puerto Rican court to modify custody.

1 Answer | Asked in Child Support for Florida on
Q: I have a 15 year old son and pay child support to his mother. Can support amount be modified? I have 4 more children.

I have been paying support for my son since he was 1. He will be 16 this year. His mother and I were never married. She lives in Florida and I live in NY. I went through the courts to ensure and establish visitation with my son. Child support was verbally agreed upon, only visitation established by... View More

Rand Scott Lieber
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answered on Jan 28, 2020

Child support in Florida is always modifiable until the child emancipates. Subsequently born children are not a reason to modify. However, since you have never been to court for child support perhaps you should first speak to mom about a reduction. If you do go to court you will receive credit for... View More

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: I live in Florida & my child and his father live in Philadelphia how to i put myself on child support and get visitation

When i was 17 custody was given to him on the basis that i said i was going to kill myself and the child at the time which was untrue i moved to Florida and didnt have any contact with for years recently got in contact and hes constantly bothering me for money for himself which i send but since... View More

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

You need to obtain the services of a Philadelphia lawyer. Actually, any attorney licensed to practice in Pennsylvania will do, but you probably should get one who practices family law.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can my child's mother have what I owe in back child support erased? Our son is 21 and lives on his own.

I owe my child's mother back child support. I was paying her for years through Western Union and she wasn't reporting it. I was able to get that taken off what I owe because I was able to produce proof of the payments. Fast forward a few years, and she said she is willing to have the... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 22, 2020

In many States the custodial person can sign an affidavit stating they have received the money and there isn't anymore due; however, it will depend on whether there is any money due the State for medicaid recovery, etc. You can check the State's child support website for more information.

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1 Answer | Asked in Child Support for Florida on
Q: Can interest on arrears child support in Texas be decrease or forgiven n how? Children are in their 30’s now but still.

Can payments be reduced? Been paying on n off for over 20 years. N still owe 10,000 support n 19,000 interest. Ex- living high, children successful n me disabled vet.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 17, 2020

You should ask this question in Justia > Ask a Lawyer > Texas > Child Support. The laws in every state are different.

1 Answer | Asked in Child Support for Florida on
Q: My ex boyfriend lied saying he didnt know my child wasnt his when he signed the birth certificate. But he did know

Now he is sueing me so he doesn't have to pay child support

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
answered on Jan 15, 2020

There are a few courses of action that you could take, but I suggest that you schedule a consult with a family law attorney to represent you in this matter.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Can my father and fathers girlfriend file abandonment against me if we had signed and notarized temporary guardianship?

I originally was in the home with my son at my fathers. But he accused me of being high after my aunt whom raised me and was super close to me passed away. He smacked me in front of my son and threw me out and wouldn't let me take my son with me. Later that day he let me back in and well we... View More

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
answered on Jan 15, 2020

Taking a parent's right is not as easy as it sounds, but it is a serious and complicated matter. If the hearing is in Florida, I suggest that you consult and hire a family law attorney who will be able to help you.

1 Answer | Asked in Child Support for Florida on
Q: How do I submit a lower tribunal order of insolvency for a child support appeal. I can't even find a document to submit.
Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
answered on Jan 15, 2020

Some clerk offices have blank documents, but your best course of action would be to hire a family law attorney.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Ask judge to cancel interest.

child support paid off, court told us the interest would not be charged, no proof, but now they are charging us interest. the eservices shows a zero balance and they are still taking money but we cant see where it is going and no payment history. Help to take it to the courts to cancel the... View More

RoseMarie Feller
RoseMarie Feller
answered on Jan 9, 2020

We can certainly file a motion with the court to clarify the issue of interest and terminate what they are taking. We can also ask the judge to consider having them reimburse you for funds that were taken against the court order. Please schedule a free consultation at 407-878-5942.

2 Answers | Asked in Child Support for Florida on
Q: How can I get help with child support if in another state

My sons father is in arrears Over 9 thousand dollars and hasn’t paid anything since august 2019 I currently live in Fl the child support order is in ny he hasn’t done his taxes and works under the table to avoid payments i don’t know what I should do please help me

Rand Scott Lieber
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answered on Jan 8, 2020

You need to start with a lawyer in the state that issued the child support order. You may be able to domesticate the NY order in FL and then pursue enforcement here. Good luck.

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2 Answers | Asked in Child Support for Florida on
Q: my ex husband never petitioned for child support the 3 years he had our son from age 15-17. Our son is now 19yrs.

My ex is threatening to take me back to court to get retro active child support now that my son is 19yrs old. Can he do that?

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

Does "ex" mean ex-husband? If so, had you divorced when he had custody of your son? And if so, what did the divorce decree say about child support?

Your ex should have sought a court order to modify the divorce decree at the time your son was living with him. Since he...
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2 Answers | Asked in Family Law, Foreclosure and Child Support for Florida on
Q: Is there anyway I can establish paternity of my son's deceased father although I do not know any of his family
Rand Scott Lieber
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answered on Jan 6, 2020

The short answer is no. In family law once the father has passed away without an establishment of paternity the family court has lost jurisdiction.

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