Get free answers to your Child Support legal questions from lawyers in your area.
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 
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.
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
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.
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?
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.
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
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.
My daughter is currently finishing her degree and has not worked so my husband and I will be helping her raise the child
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.
I have a text message with him stating he is doing this
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... View More
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.
We have two girls one autistic i receive ssi for her
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
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.
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.
The child is 18 and has never had contact
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.
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?
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.).
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
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
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
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.
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
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.
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
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
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
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.
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
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.
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.
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.
answered on Feb 9, 2020
You can file a written objection within ten days of the referral.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
