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Florida Child Support Questions & Answers
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
Rand Scott Lieber
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
Rand Scott Lieber
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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2 Answers | Asked in Family Law and Child Support for Florida on
Q: What does MOTION TO IMPOSE SUSPENDED SENTENCE

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?

Bruce Alexander Minnick
Bruce Alexander Minnick
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.

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2 Answers | Asked in Child Support for Florida on
Q: Can a adult child receive back child support payments from father if mother passed away?

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.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 3, 2020

Her estate can seek the money; you cannot directly.

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2 Answers | Asked in Child Support for Florida on
Q: I live in FL and pay child support for a child in NJ but need my child support adjusted can I use a lawyer in FL
Rand Scott Lieber
Rand Scott Lieber
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.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Does a mother have a right to request more child support because the father lives with his girlfriend!

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

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Legal Malpractice, Child Support, Civil Litigation and Public Benefits for Florida on
Q: How do I file a response to a motion from DOR for ridirection of payment?

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: how to request to have case hear to remove interest. Child support paid in full
Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
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.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: Spouse has been in jail for over a month for a court date he was never notified of.

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

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
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

2 Answers | Asked in Child Custody and Child Support for Florida on
Q: I have 3 kids on child support, twins 13 and a 15 year old.the 15 yo is moving in with me how will this affect c suppor?

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

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 18, 2019

Get a written agreement. Keep a calendar. Go to court if necessary.

Good luck.

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1 Answer | Asked in Child Support for Florida on
Q: Hi! So my divorce was finalized I’m July. I agreed to take the money from selling our house and not enforce child

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.

Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I call the court house and schedule a hearing or do I have to wait on the judge to decide?

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

Mr Eric Klein
Mr Eric Klein
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...
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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Does paying child support give you rights to the child?

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

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I have custody of my kids here in Florida the mom Don’t see them if we move 6 month to Puerto Rico will Change jurisdict

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

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: The alleged father of my four months old just filed with department of child services...

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

Melissa Paniagua
Melissa Paniagua
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

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a magistrate adjust child support at a hearing after a new parenting plan was agreed upon with more overnights?

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

Rand Scott Lieber
Rand Scott Lieber
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

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1 Answer | Asked in Child Support for Florida on
Q: If I admit to all statements against me in a child support summons can I just pay my part and not get a court date?

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

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2019

Sure. Contact the attorney who is suing you and ask him or her what you need to do.

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