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Florida Child Support Questions & Answers
1 Answer | Asked in Child Support for Florida on
Q: just been informed that my ex wife is using the child support money on her car payments instead of using it for support

My son 22 male and his girlfriend have know of this and just informed me as well as my daughter the child in question to receive the child support what should i do? i live in jacksonville florida.

Rand Scott Lieber
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answered on Feb 3, 2024

Even though one parent has a child support obligation to the other, they cannot control what the money is spent on. As long as the child is properly taken care of there is nothing to be done. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support for Florida on
Q: How do we stop ASUME payments?

My stepdaughter has been living with my husband (her father) and I for over a year in the States. We have been paying the child support this entire time and mom has been keeping it. How do we go about stopping the payments?

Rand Scott Lieber
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answered on Jan 12, 2024

You need to file a motion with the court that issued the child support order letting them know that the child now lives with you. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does there have to be a formal documentation of custodial arrangement?

A father is awarded custody of a child following a divorce. Since the father is in service at the time, temporary custody goes to the paternal grandparents pending the father's return from duty per the divorce agreement. Upon return the father never assumes custody, the child remains with... View More

Rand Scott Lieber
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answered on Nov 30, 2023

You need to return to the court that issued the most recent order on custody/ timesharing and ask for clarification (or modification) if the circumstances have changed. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: If my husband quits his job before I file for divorce, will that affect the amount of child support he will owe?

I have not filed for divorce yet but have told my husband I want one. He has now quit his high paying job and says he is looking for another lower paying job. Could this be an attempt to get out of paying so much for child support?

Rand Scott Lieber
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answered on Nov 29, 2023

When a divorce is filed, any wage earner is expected to continue to earn at the same level unless the reduction in income is out of their control. Child support is based on each parent’s income. If a person becomes voluntarily underemployed then you can argue that to the judge. Speak with a local... View More

1 Answer | Asked in Child Support for Florida on
Q: How do I get records of the total I should have had to pay in child support from start to finish?

My child support was closed by the department of revenue as they said I paid all that was owed. Then a few months later I get a notice saying the case is being reopened by the courts saying I still owe almost $5,000. I paid all my arrears it took me a few years after my daughter turned 18 but I got... View More

Rand Scott Lieber
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answered on Nov 27, 2023

The Department of Revenue should have a full accounting of all of your payments, as long as you paid through the central depository. Hopefully when you confirmed that you were paid up you got something in writing. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support for Florida on
Q: My daughter is 25 and I got a letter from ASUME owning child support. I live in FL , what I can do from here to solve it
Rand Scott Lieber
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answered on Nov 2, 2023

Your daughter needs to contact whoever sent the letter to determine if it is legitimate. If it is, then she needs to contact the court that issued the child support order. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support for Florida on
Q: Holmberg v holmberg 2019 (Minnesota) Supreme Court Case. -separation of powers - child support unconstitutional???
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2023

This subforum is for discussion of Florida law. You might want to post your question in Justia > Ask a Lawyer > Minnesota.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Does my child's ssi that he recieves for his disability count as income?

I share 50/50 custody of my children with my ex in FL. My child has autism and receives ssi each month. My ex is the sole payee for this money. Does this count toward HER monthly net income when determining my child support payments?

Rand Scott Lieber
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answered on Sep 11, 2023

SSI received by a child does not count as a parent's income; however, it is part of the child support calculation and should reduce your obligation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: In a divorce from an abusive and violent alcoholic husband who hired a lawyer but i cannot afford one. What can i do?

We have two small toddlers together that he threatened to kill himself in front of and beat and attacked me in front of them

Rand Scott Lieber
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answered on Sep 4, 2023

The law is that you have an equal opportunity to hire a lawyer. You may need to go to court to have your husband ordered to contribute to your attorney's fees. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: my daughters father stopped paying child support. he makes deposit at the bank. how can i file with the state?

My daughters father makes child support payment by depositing it to my account at the bank on the 1st of every month. This month he didnt do it and did not respond after i reminded him. I want to file for child support payments through the state of florida. How can I do that? He lives in broward i... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 3, 2023

Contact the Florida Department of Revenue Child Support Program:

https://childsupport.floridarevenue.com/

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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
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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 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

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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
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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: 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
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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.

1 Answer | Asked in Child Support for Florida on
Q: Will my brother owe child support if the child has always lived with his parents?

My brother lives with my parents; so does his ex and their 9 year old child. The ex says my brother is going to owe tons of back child support even though she has lived in my parents home rent-free for 10 years and my parents frequently care for and provide for the child financially.

Rand Scott Lieber
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answered on May 2, 2023

If both parents and the child live under the same roof there may not be any child support owed. Worst case, in most cases the law is that you can only go back in time two years for retroactive support. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: Can I file a motion to amend divorce petition to add facts relating to false accusations of DV?

I filed for divorce. My “wife” accused me of domestic violence and I was unable to see my son for 7 months. She also took out a civil injunction against me while I still had the ankle monitor. She filed the civil injunction the same day of hearing I had on motion to amend pretrial conditions... View More

Astrid M. Bismarck
Astrid M. Bismarck
answered on Apr 18, 2023

That may be a good idea but you should probably hire an attorney to draft this request and the amended petition for you.

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