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Florida Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Florida on
Q: I live in FL, my son’s mom lives in SC, we have a child support case in SC. Do I need a lawyer for child support case?

We still split time and she still has my vehicle that is Florida registered, does that affect child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 5, 2019

If your current child support order is from SC then you need to consult a lawyer or ask this question in that state.

1 Answer | Asked in Child Support for Florida on
Q: If I support two current children that are not court ordered , is that factored in with a new child support order
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 5, 2019

The court considers children based on their order of birth. The oldest child is considered first for child support calculations. You do not mention if you are married to any of the mothers. You will need to explain to the court what you are paying in support, whether it is court ordered or not. You... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can my ex husband lower child support even though our incomes haven’t changed?

When I got divorced last year my ex agreed to pay $1500 in child support so I could keep the house because he didn’t want it. I was just served papers that he is trying to lower his child support claiming that our current incomes allow for a 15% or more decrease. Neither of our incomes have... View More

Henry George Ferro
Henry George Ferro
answered on Aug 3, 2019

It is unlikely, changes in child support can only be made when there are changes in circumstances...From your description that is not present...

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3 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Support and Civil Rights for Florida on
Q: I just filed for divorce and notified my ex's lawyer to which she said they will object, challenging the jurisdiction.

I initiated a request for child support thru DCF and because my ex lives in Texas, the case was sent there for enforcement. However his hearing was deferred because he said he was filling for divorce, yet he never did. This occurred back in April. I never received any official paperwork from the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 2, 2019

If you have lived in Florida for more than six months then you can file for divorce in Florida, even if he lives in Texas. An issue that could arise is did he file for divorce in Texas before you filed in Florida. Regardless, the children's issues will be resolved in Florida if that is where... View More

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I just turned 18 my ex won't let me see my baby, I'm in college, do I have to pay child support to see her?
Henry George Ferro
Henry George Ferro
answered on Aug 2, 2019

There is no legal correlation between visitation and child support...You can petition the Court to enforce your visitation rights with the child...However, as an aside, I would start paying some child support before moving to assert your visitation claims...

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1 Answer | Asked in Child Support for Florida on
Q: I have a current child support agreement in Puerto Rico but currently live in FL.

Am I able to go back to court in PR to update the child support depending on my income I make now and what I pay in rent/utilities?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2019

Perhaps, but you should ask this question in Justia › Ask a Lawyer › Puerto Rico › Child Support ›.

1 Answer | Asked in Child Support for Florida on
Q: Can the state of florida take child support out of my 2nd job as well?

If i am paying my monthly child support amount, and i sill have quite a bit of back child support to pay; will they take more money out of my 2nd job to satisfy my back child support? They take my tax returns for back child support, and half of my paychecks for my children from my full time job. I... View More

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

Yes, they can garnish all sources of income up to a certain amount.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Do I still have to give money out of my pocket even if I already pay child support?
Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2019

You do not need to pay more than the court ordered child support amount each month.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: What can I do is this even fair?

I pay child support regularly and my child’s mother keeps asking me to send her money via money order everyday and I always send her the money but she never lets me visit or spend time with my daughter.

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2019

You need to go to court and ask for a parenting plan which will specify when the child is supposed to spend time with you. Then if she refuses you can go back to court and ask the judge for help. You should also have a specific amount of child support to pay each month, not whenever she asks for... View More

1 Answer | Asked in Child Support for Florida on
Q: How do I forgive arrears in Osceola cty FL?
Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2019

You can file an affidavit with the court regarding the arrearage.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Can my ex and I agree to a modification of child support ? If so, What do we do?

divorced, child support was agreed at 600$ per month one child, 9 months later he is starting vpk - child care cost is less, i have had twins in another relationship, i get him more now than agreed upon in the final judgement. can we file papers to modify to 300$ per month? with these reasons? are... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2019

Any agreements that you make for modification should be in writing and signed by both parents. As long as you are making the child support payments there really isn't any scrutiny. The problem arises when one of you goes to court later and complains that the child support was "too... View More

2 Answers | Asked in Family Law, Child Support, Probate and Wrongful Death for Florida on
Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...

My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...

Does Florida law prevent his kids from being in first control of everything when... View More

David Hughes Harris
David Hughes Harris
answered on Jul 16, 2019

Sorry to hear of your loss.

An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.

Please note that while your dad was...
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1 Answer | Asked in Child Support for Florida on
Q: can child support help with getting a child passport consent form signed from the non custodial parent
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2019

Probably not; that's not any of child support's (Dept. of Revenue) business.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My daughter is choosing to move in with non custodual parent, does he have to continue to pay his child support?

Recently we had a dcf action plan and my child went with another family member until the case was closed. She was able to come back in my home. However she decided to move in with her father back in MD. I am custodual parent and he pays court ordered child support and we have court ordered... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 8, 2019

First, he will still owe any arrearage that has accumulated.

Second, he needs to modify the current court order to change the child support obligation. Once he does that he may not owe any new support going forward.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Husband had a affair with someone who is married. The person got pregnant, and my husband's name is on the birth certif.

Technically, is the child considered his, even though she is/ was married? Is she entitled to child support and what rights does he have? He received an administrative letter from Tallahassee saying a child support case was opened. That was a few months back, have not heard anything since. He has... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

IMO, at best all your husband can do at this point is to sue in a circuit court seeking determination of paternity. That would be a good place to raise the issue of the mother's marriage--although her being married does not automatically mean that your husband is not the child's father.... View More

1 Answer | Asked in Child Support for Florida on
Q: As the "sole caregiver" can I sue for child support from the birth mother.?

For the last five years I have been the sole caregiver of two children. I was in a relationship with the father but I was the one that paid for the children's daycares close food housing Etc. The mother lost custody in Georgia but we currently resign and Florida.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 3, 2019

Parts of your question are sort of difficult to understand, but yes, you can seek child support from the biological parents for children whom you support.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can my ex file for child support again after a current child support order is in place?

My ex and i separated in 2011, she filed and was granted child support that year. We got back together in 2014 , i continued to pay child (even though we lived together) we separated AGAIN 02/2019. I was now served with Petition for determination of paternity seeking Sole parental responsibility,... View More

Henry George Ferro
Henry George Ferro
answered on Jul 1, 2019

The simple answer is yes: child support is reviewable by the court upon a change of circumstances. Regarding the affidavit, you will have an opportunity to cross examine her...

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Can a Florida child support judge stop a mother's social security disability?

My daughter lives in Orlando, FL. I live in Tennessee and I'm trying to get information to help her.

Henry George Ferro
Henry George Ferro
answered on Jun 25, 2019

I don’t believe he/she has jurisdiction to do so...

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: FLORIDA: Does a Contempt of Court have to be filed for each similar incident after initial is filed?

Motions have been filed for four different things and non-custodial has now done two of them again. Just filed earlier in June, so no communication from court yet. (E.g. leaving the state without proper notice or not even saying that they were out of state a couple days). Thank you.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 24, 2019

Depending on how different the issues are you can file a supplement to your motion adding the additional incidents. It is not required.

1 Answer | Asked in Child Support for Florida on
Q: My youngest just turned 18 and I have been paying child support for (3) since 2006. How do I go about stopping support?

I have had payroll deduction since starting payments, the youngest is now 18 and I have done my part. How do I stop the order so support payments stop coming out of my check?

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

You must file a motion with the court that issued the child support order asking to have the support terminated.

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