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Florida Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: In my divorce from my ex husband he was granted majority of custody even though it is shared , as of the beginning of

Last Year I have had my kids 24/7 with him spending little time with them , he rarely calls or text . And he does nothing financially for them.

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 14, 2023

Based on what you are describing you can return to court and request a modification of the court order. The new order would reflect the time the children spend with you and child support would also be recalculated. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What is the legally enforceable amount of child support for this case in FL?

Marital Settlement Agreement and Petition for Dissolution both listed $750/month child support per child (2 children), $1500 total/mo. This was agreed upon by both parties, and was greater than the amount calculated in the state monthly payment guidelines calculator (approx $900/mo).

The... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 10, 2023

The marital settlement agreement, once signed, is a binding contract between the parties. It remains in force until a party moves to modify it. Statements in the final judgment do not generally change the marital settlement agreement. You need to show your documents to a local family lawyer for a... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Have a current court agreement of 60/40. Father told me out of no where that he moved 2 hours out of the city & changed

Schedule. I don’t mind that he moved but there was no communication about this and now he requested less days with her. And I am still receiving the same amount of money from him.

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 10, 2023

Child support is modifiable until the child emancipates. If you agree to the new schedule then you should get it in writing. You can either agree on a new child support number or return to court for a modification based on the new schedule and your current incomes. Speak with a local family lawyer... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If a person (father) is homeless, does he still have to pay child support in Florida?

Father is completely homeless, sleeping in the street and does not even have a car. He is paying child support plus arrears. He would have to move out of state with family in order to secure housing, at least temporarily. If he moves, or takes time off from his job to establish living arrangements,... View More

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2023

Child support obligations are typically based on the non-custodial parent's income and ability to pay, rather than their housing situation. However, if the father's homelessness or lack of income significantly affects his ability to meet his child support obligations, he may be able to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Originally from PR. Never filed a CS claim. Currently in FL since 2013. Son moved in w/ me 6 yrs ago he is 20 now.

Father lives in PR. Always threaten me not to file for CS bcause he took care of our other 2 daughters now over 21. My son needs help for college. Should I file a claim in PR since in FL age is 18th and does not recognize college expenses and support after 18th? Can I file for back child support?

Destardes Moore
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Destardes Moore
answered on Jun 26, 2023

Based on the information provided, it appears unlikely that you can file a new case for child support in Florida. However, I recommend you consult with a local attorney who can assess your unique circumstances. Furthermore, it may be beneficial to consult with an attorney in Puerto Rico to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If my child's paternal father did not sign the birth certificate in FL, does he have any rights?

He has been absent for nearly her entire life (almost 9 years). Looking into child support/back pay. He has moved out of state now and I am to be wed next spring and would like my future husband to adopt her. Looking for any advice on the first steps and the best way to go about this.

Destardes Moore
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Destardes Moore
answered on Jun 17, 2023

In Florida, in order for an unmarried biological Father to have parental rights, the Father would need to file an action with the Court to establish paternity. Consult with an attorney to determine what type of notice the biological father is entitled to as it pertains to the step parent adoption.

1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Hi, I’m trying to obtain copies of my legal guardian records from when I was a child in Miami dade county, 40+ yrs ago

I need proof my now deceased grandfather was my legal guardian, he also collected my child support to his name on my behalf and I want to obtain those copies.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2023

Call the Clerk of Court and ask them if they have those records from that long ago. They might not have records of child support he received; you might need to subpoena such records from his bank, if you have some sort of cause of action that somehow survived any applicable statute of limitations.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi how’re you, what do this mean on the Docket Entry Motion to Set Aside/Vacate Event CONTEMPT

Related Cases

e Parties

Total Of Parties: 4

* Hearing Details

Total Of Hearings: 4

5) Dockets

Total Of Dockets: 66

Event

ige

Docket Entry

Type

Comments

Motion to Set

Aside/Vacate

Event... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2023

It looks like there will be a hearing on June 14th at 10:00 AM. Miami is in the Eastern time zone, so if you are not in that time zone, adjust accordingly. If you can't access the notice of hearing contact the clerk of court for the Zoom information.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi how’re you, what do this mean on the Docket Entry Motion to Set Aside/Vacate Event CONTEMPT
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 6, 2023

One would have to read the motion to be sure, but I would guess that an order holding one party in contempt of court has previously been entered, and now that same party is moving to vacate the order.

1 Answer | Asked in Child Support for Florida on
Q: My child may be in college in PR. He is 21, and no longer lives with his parent. Do I still need to pay child support?
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 5, 2023

You must first look at your current child support order. It should have a termination date. If it is an order from a Florida court then child support normally ends at 18. If it is a court order from PR then you need to contact an attorney there.

1 Answer | Asked in Child Support for Florida on
Q: If I became sick two years ago and need a revision to my child support in Puerto Rico, what can I do?

I also do not if my child is going to college. He is 21 years old, plus he no longer lives with his parent. Do I still have obligation to pay monthly child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 4, 2023

The first thing that you need to do is look at your current child support order. Any modifications will need to be in the court that issued the order. If the order is from PR then you need to contact an attorney there. In Florida, child support ends at 18. For a modification in Florida (reduction)... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can my 18-year-old daughter move to Puerto Rico with her father and then ask me for child support?

My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 2, 2023

Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... View More

1 Answer | Asked in Child Support for Florida on
Q: I started a child support case in Dec. They have been trying for 3 months and unsuccessful at serving other parent

Fl he owns multiple businesses. What steps can I take to get him served

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2023

You can provide any and all information that you know about where he can be located. If you can afford it, hire a private investigator. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Support and Child Custody for Florida on
Q: My 13 year old daughter says she wants to go live with her dad.

We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2023

If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have 4 children the father was only required to pay $55 a week. Why is that.

The court also ordered that the support be directly taken from his pay at least 8yrs ago but he still pay what he wants to pay. U really need help. With the price of living has a increasing raise.

Rand Scott Lieber
Rand Scott Lieber
answered on May 19, 2023

In Florida child support is calculated pursuant to a mathematical formula in the law. It is based on the net incomes of each parent and the number of overnights with each parent. Child support is always modifiable until the children turn eighteen. Perhaps you can return to court for a modification?... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If I let my children visit their mother out of state for a month, is she untitled to give them back?

My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 15, 2023

If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: What will happen with FL child support after leaving job to open my own business? Filed for modification so far

Child support was establish while still working a traditional job. I’ve saved up over time to open my own business to be able to spend time with my family, rather than 12-13 hour workdays 6-7 days a week. I requested a modification but am worried how the DOR will look at going from a high income... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 14, 2023

When a payor's income fluctuates then the court will look at an average over time. You are allowed to change jobs/ start your own business, but you will be expected to continue to earn at the same level moving forward. There may be a temporary decrease in your income which the court will... View More

1 Answer | Asked in Child Support for Florida on
Q: Florida- child support modification- can we agree on amount with financial affidavit?

Me and the father have decided on the amount that we would like to child support for the next remaining three children. Are we able to agree on an amount and have it filed with the courts?

Rand Scott Lieber
Rand Scott Lieber
answered on May 14, 2023

You cannot waive the requirement of each filing financial affidavits. There are ways to justify a specific child support amount but you must first do the calculation based on the financial affidavit numbers. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: My ex wife want to hire a Nanny because she want to work only on weekends,while my daughter goes to day care on weekdays

I refused to pay the Nanny with my ex wife because she just home Monday to Friday while my daughter she's at day care 7 AM to 6Pm and she just want to work weekends , i find that's not faire , what does the law say about that ? Can I take her to court for this ?

Rand Scott Lieber
Rand Scott Lieber
answered on May 11, 2023

You need to review the parenting plan that was entered in your divorce. You do not mention how old the child is or what your timesharing arrangement is. For younger children daycare costs are normally a part of the child support calculation. If you do not currently have a daycare obligation then... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Child offered seat at STEM magnet program, ex-wife refuses to allow child opportunity. What can father do to get custody

STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... View More

V Julia Luyster
V Julia Luyster
answered on May 7, 2023

You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... View More

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