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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.
6 months ago, court date for non payment child support. Instead of jail time, allowed time to pay. Wages garnished and continue on like that. What does this motion mean? Going to jail?
answered on Jan 6, 2020
No. It looks like the Court is happy with the current situation and the prosecution is moving to memorialize what happened-while at the same time making sure you continue doing the right thing.
Hi. My mother passed away unexpectedly and she was receiving back support payments from my father. I am a adult. Am I able to claim those payments or what will happen now? I live in a different state however the child support case is in Florida.
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answered on Jan 2, 2020
You generally need to return to the court that issued the child support order for a modification. If your child support order is from NJ and the child still lives in NJ then you should consult with a NJ lawyer.
The mother lives in Texas and she has custody of the child. He comes during the summer and every other winter break. The father and I (father’s girlfriend) moved in together recently. She found out when FaceTiming her son that he and I moved in together. She was livid and threatened to not tell... View More 
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answered on Dec 26, 2019
You do not say whether the child support order is from Texas or Florida. In Florida, child support is based on each parent's income and does not include a subsequent partner's income. If the order is from Texas then you will need to ask a Texas attorney.
I received a motion that my very bad attorney said nothing about and that was on the 5th and I went into the hospital for cancer surgury right after. My ex has been fraudulently receiving medicaid benefits while she has been running a lucrative side business and I have the PI reports. I have never... View More
answered on Dec 25, 2019
Even if your attorney has moved to withdraw, she is still obligated to respond to this motion until her motion is granted. Condition your consent to withdrawal upon your being given sufficient time to find another attorney and for that attorney to respond to the pending motion.
answered on Dec 19, 2019
Interest is a statutory right if the child support was not paid on time. You may be able to file a motion to determine the arrears and/or make an offer to the other parent for a lump sum payoff.
Good luck.
Apparently in 2017 my husband had a court date for missing a couple child support payments. He never received any type of notification. As a result judge sentenced him to 179 days in jail or pay $696 because he didnt appear. He didn't even get a chance to defend himself and let the judge know... View More
answered on Dec 19, 2019
This sounds like a contempt issue where the child support purge was set to allow him to "purge" himself of the contempt by paying $696. There are definitely options such as setting a hearing on the purge, filing a motion to set aside the original contempt order, or simply paying the purge... View More
Currently I get them every other weekend and the following Sunday for family dinner. I pay $333 per week
She has moved 2 different men in and out twice I think I should have full custody of all my kids and she is bi-polar
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answered on Dec 18, 2019
Get a written agreement. Keep a calendar. Go to court if necessary.
Good luck.
support. Just to end it and keep ,y som safe from abuse. I filed for disability for my son and now they’ve sent a letter saying they’re going to enforce child support payments from the father. Is it possible I could get the child support, or will the divorce decree overturn this.
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answered on Dec 14, 2019
It is not legal in Florida to "waive" child support. However, the monies that you received from your ex could be considered an advance payment on child support depending on how your agreement is written. Anytime that you seek government benefits they are going to investigate the child... View More
Im currently going through divorce and my Husband isn't co parenting with me he keeps our child for longer days than expected an he's making it very difficult to raise our child. I know we have to wait on a mediation date from the court but is it possible for me to call the court house an... View More
answered on Dec 14, 2019
You have raised many issues in your post. I will try to address one at a time.
Yes you can and should call the courthouse and schedule a hearing, do not wait for the judge because the judge will not do it for you.
Regarding mediation, the court will generally not order mediation... View More
my childs father hasn't seen her in 2 years and i'm afraid to file for child support because I don't want him to try to take her away, since she doesn't even know him. I just want to know if I can file for child support knowing his rights will not change unless he tries to file... View More
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answered on Dec 12, 2019
The father would have to pursue timesharing in order to get it, regardless of any child support obligation. Even if he does try, you can show the court that he has been absent for two years. All decisions by the court will be based on the best interest of the child.
I have custody of my kids here in Miami Dade Florida the Mother does not come visit them or call them but she does pay child support through the courts my kids have not seen her in years we are moving to Puerto Rico if we live in Puerto Rico over six months will that change the jurisdiction of me... View More
answered on Dec 10, 2019
If there is a court order for timesharing, even if she is not following it, you must get her permission or a court order to relocate to Puerto Rico. This is a bigger issue for you to deal with prior to leaving as the jurisdiction question is affected by the relocation and Florida may keep... View More
He’s not on birth cert and no paternity confirmed legally yet. I’ve encouraged him at every corner to build a relationship with my daughter, tried to have him visit more etc. he lives 1.5 hrs away but even still, has seen her about 13 times in the 4 months since her birth. I’ve in no way... View More
answered on Dec 6, 2019
If he has recently filed a petition for paternity, you would have 20 days to file a response with the Court in which you can file an answer and counter petition in which you can affirm and deny the allegations he has made in his Petition and state any defenses you may have and request what you... View More
My ex filed a Petition to Determine Paternity & Related Relief. There's a support order in place since August 2017 but no parenting plan so overnights are not included in the support order. We met with a mediator and agreed on a parenting plan that gives me 134 overnights per year. We both... View More
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answered on Dec 4, 2019
You need to read the paper carefully that tells you to come on January 14. It should say specifically what will be addressed by the court. If it does not mention child support then you should probably file the modification right away. The court will look at her ongoing regular income, not zero... View More
I don't want to get a court date and fight the summons. I lost my job and couldn't afford my payments for a couple months, I just recently found employment again but received a child support summons. There is no court date yet. I just want to agree to the statements made against me and... View More
answered on Nov 29, 2019
Sure. Contact the attorney who is suing you and ask him or her what you need to do.
My divorce finalized with a joint custody and an agreed amount. My ex has increased the amount and pressured me in to signing the new agreement. I am having difficulty with the new payments and had to take a second full time job to somewhat keep afloat. I want to go through the court system to get... View More
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answered on Nov 27, 2019
In Florida child support is modifiable until the children turn 18. The amount will be based on each parent's net monthly income. Regardless of what you may have agreed to in the past, the court will do a new calculation based on your current income. The child support formula is part of the law... View More
answered on Nov 26, 2019
You are going to have to expand this question to add another two or three paragraphs of facts before any lawyer will be able to advise you.
Child was born in Wisconsin but lives in Florida
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answered on Nov 25, 2019
Paternity should be established where the mother and child live. As long as you have been in Florida for six months then you can file here.
Mother has full custody and is remarried. Father has already established paternity but lives in NH.
answered on Nov 21, 2019
If the Father is willing to consent to a step-parent adoption, then it is a relatively simple matter to have the child adopted by the step-father and the Father's rights terminated. If, on the other hand, the Father wishes to terminate his rights and leave the child fatherless, this is... View More
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