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Florida Child Support Questions & Answers
1 Answer | Asked in Child Support for Florida on
Q: I have a question for my girlfriend she wants to take ex back for child support because he is making way more money

And she is making way less money but in the parenting plan I guess she put no one pays child support does that matter if she wants to take him back for child support now because she is needing help raising their child or does she have to change their parenting plan that says no child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 28, 2019

Child support is always modifiable until the child turns 18 or emancipates. She can go back to court for a modification regardless of what the parenting plan says.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: NY child support order is till the children are 21. Order was transferred to FL where it’s 18

My question is that due to the fact all parties live in Florida and that Florida holds jurisdiction the order can be modified, but they are giving me a hard time because they say that the age of emancipation can’t be changed on the original order to that of Fl law is that so? Please help it seems... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2019

I believe that the Florida court is obligated, under the U.S. Constitution, to give full faith and credit to the decree of the courts of the other state.

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1 Answer | Asked in Child Support for Florida on
Q: Hi the non custodial parent has court for petition for order of contempt charge for non payment of child support.

I am the custodial parent. Do I have to attend

B. Elaine Jones
B. Elaine Jones
answered on Oct 22, 2019

Yes of course you do. You should attend every hearing that involves your child's custody or support. It shows the court that you are really interested and care about your case. Even if the Department of Revenue is bringing the contempt motion, you should be there because it affects you and... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: used a sperm donor to get pregnant and healthy start told me I would have to give wic and food stamps the father name

In FL there is a law that protect sperm donor from child support

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 21, 2019

What do you mean "sperm donor"? If you mean a random man with whom you had sex, no, there is no such law.

2 Answers | Asked in Child Support for Florida on
Q: What will my child support be after my oldest child turns 18 and graduates high school?

I currently pay child support in the amount of $500 per month to my ex-wife for my two children (we have 50/50 custody but I have a higher income). The agreement says my obligation shall continue for each child until that child turns 18 (unless still in high school...then it lasts through school).... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 21, 2019

You can search online for a free florida child support calculator. It will require each of your current net incomes and health insurance costs for each parent and the remaining child. You can then calculate the child support for one child instead of two.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Non custodial mother has a suspended license. Can I keep my child from going with them?

My purpose here isn’t to keep my child from her mother. I allow her mother to spend time with her whenever she comes to town, or whenever we’re in her town. My issue is, mom has had a suspended license for over a year and a half, but she hasn’t a vehicle until now. The last time she had a... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 14, 2019

No. Regardless of what the situation is with your ex not having a drivers license you cannot lawfully disobey the existing custody order--unless and until the judge changes it. So instead of dreaming up all the negative possibilities that might occur if your ex starts driving on her suspended... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: ex wife gets child support from me gets pregnant by 2nd person she stops dating gets support from him does it help my ca

collects from me gets pregnant from someone else leaves him then goes to collect from him does this or can this help or affect me in anyway good or bad

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 14, 2019

FYI, in Florida, all fathers are legally responsible for the well-being of their own children. That means the child support you pay to your ex-wife is for the benefit of YOUR child only. It also means that any new child support your ex-wife may get from the father of her new child is for the... View More

1 Answer | Asked in Child Support for Florida on
Q: Is the custodial parent required to attend a hearing for order of contempt

The non custodial parent has court for non payment of child support. Do I have to be there

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 14, 2019

You should ask the person who is prosecuting the case (DOR?). Sometimes you need to be there and other times you do not.

1 Answer | Asked in Child Support and Collections for Florida on
Q: My father rarely paid support when I was a child. I am now 36 yrs old and he received a collection letter from NY.

Money due to my mom. Can I give up my rights to this money or my mom has to give up her rights? My father doesn't have any money. The letter threatens the loss of his license, passport or jail time. I now live in Florida and my father lives in AZ.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 7, 2019

The sate collection effort does not involve you; why? Because Florida is collecting old support due to your mother, not to you. However, it may be possible for your mother to intercede and tell the Florida Department of Revenue that she no longer wants Florida to prosecute your father; and tell... View More

1 Answer | Asked in Child Support for Florida on
Q: Rspndnt filed motion to vacate CS order DOR is collecting payments but will not give them to me, what can I do?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 1, 2019

You need to go to court so that the judge or hearing officer can resolve the conflict.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: Do I have a right for alimony if I am abroad? Does the child support decrease considerably if the child is abroad?

Due to financial problems and no permanent place of living my minor son and me temporarily moved abroad to my parents’ house. That was agreed with my husband. But shortly after, he decided to separate and then to divorce (FL). We were married for almost 9 years.

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 25, 2019

Alimony is based on one party's need and the other party's ability to pay, as well as the length of the marriage. Where you live is not a specific factor. Child support is based on each parent's net income. The number of overnights that the child spends with each parent is also a... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Need info on divorce been marry for 20 yrs. 3 kids and husband cheating. took my car. i need to knkw my rights

been marry for 20 yrs. have 3 kids 18,14,and12. my husband wants a divorce. just found out that he's been seeing and now moving in with his a girl he's seeing. not giving any money nor helping with the kids. dont call the kids nor amswer our calls he comes in thw house when he wants when... View More

Opal Phiona Lee
PREMIUM
Opal Phiona Lee
answered on Sep 23, 2019

First of all, if you feel your life is being threatened, you should go to the courthouse ASAP and file for a restraining order. You should then make contact with a divorce attorney to schedule a consultation and obtain advise specific to your situation.

1 Answer | Asked in Child Support for Florida on
Q: Hi, what should I do to know if my daughter in Puerto rico are emancipated while Im sending still child support?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2019

If it's a Puerto Rican child support order, you should ask this question in Justia › Ask a Lawyer › Puerto Rico › Child Support ›.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Ex-wife got fired and is not looking for a new job, I currently pay the mortgage so my kids have a home.

She has a live in boyfriend and his two children. I would like custody of my children as I am able to provide for them if I am not paying mortgage for a home I am not living in.

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 17, 2019

You are always going to share your children with the mother. If you want to alter the timesharing schedule then you need to return to court on a Petition for Modification. There you can explain to the court why the schedule should be changed.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Florida on
Q: On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of.

Hi, I was served a paternity summons. The "father" has had 16% time with my son, and now wants 50/50 or possibly more. Also wants me to pay for his attorney fees

On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of. My... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 16, 2019

You must timely file a response to the petition, regardless of the incorrect name. If there's no way the named person can be the child's father, you would indicate that in your response. It is best for you to have an attorney representing you on this, especially since the other side has... View More

2 Answers | Asked in Child Support for Florida on
Q: If the father is lying about his job, claims he is unemployed. How do I prove he is working?
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 15, 2019

File a motion and bring witnesses to court to prove your allegations.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: If my child's father refuses to pay for half of our child's living expenses am I able to sue him for the amount he owes?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2019

Yes, in general. It's called child support.

1 Answer | Asked in Child Support for Florida on
Q: Can I collect child support from a parent that fled to Puerto Rico?

I'm in Florida with a Florida support order. My ex fled to Puerto Rico to avoid garnishment, he is currently $100,000 in past support due. I've been looking for him for over 10 years and just found out he's back in Puerto Rico due to them garnishing his wages, suspending his license... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2019

Yes.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I'll move to MA and daughter is 14yo, Ex said I have to leave daughter with him or not pay child support, Is this right?
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2019

Assuming that there is a current court order on timesharing, you must go to court in order to move to another state. As part of the modification child support will be recalculated. You will need to show the court that the move is in the best interests of the child.

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