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Florida Child Support Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s a mandatory disclosure on a divorce with a child? And when I’m supposed to summit the proof of income and to who?

I filed for divorce in feb. when I did the first package the family affidavit was file . The judge order mediation but her lawyer didn’t submit her affidavit till this morning which I couldn’t see till after mediation which we didn’t agree to anything! I emailed the lawyer asking her for the... View More

David Veliz
David Veliz
answered on May 23, 2023

Both parties are required to provide mandatory disclosure to the other party. Florida Family Law Rule 12.285 states what documents are required to be provided to the other party and the time frame for production. If a party fails to provide said disclosure, the opposing party can file a motion to... View More

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I currently live in Florida, what form do i need to submit to terminate child support though mutual agreement?

Both kids (twins) will be 18 on June 28, 2024. I (father) split time 50/50 with their mother. I currently pay $157 a month in support. The mother's financial status has improved over the past several years to the point she no longer needs child support and agreed to sign off on any... View More

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

There is no form. Because child support is a right of the child it is not always simple to "terminate" the support. You could also try filing an agreed order signed by both parents regarding the current child support. You do not mention whether you pay by income withholding order. Your... View More

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
Rand Scott Lieber
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.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: I would like to know what it means to say that one is protected by affirmative defense of detrimental reliance.

I had agreed to forgo payment for one of my children's monthly insurance , with the understanding that my ex stop threatening to take me back to court. My job situation has changed and I am currently paying health insurance for both children. I am asking him to pay his half as it was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 26, 2023

Detrimental reliance means that one person changed their position because of what the other person did. In your case, you agreed that your ex wouldn't have to pay part of the insurance because he promised not to take you back to court. Depending on what it is that he was threating to go to... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Can I recover my child support payments if I have evidence to prove that my child’s father committed food stamp fraud?

The reason why I was placed on child support by the department of revenue is because my children’s father applied for food stamps. There was no custody agreement nor order. The children resided with me at my residence 365 days out of the year every year. To which he admitted to in court during a... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 21, 2023

Depending on the timing of the order it is possible that it can be appealed. You have asked a complex question with a lot of variables. You should definitely make sure that you are not paying child support now. If you can prove to the court that the children are with you full time then you should... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Will my wife’s income be used to calculate my child support obligation from a previous marriage? She also has a child.

My wife has her own child custody case from a previous relationship. She is the primary parent to her child. This is in FL.

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

The short answer is no. Child support is based on the incomes of the parents, not subsequent spouses. In fact, you can seek to prohibit or limit discovery of the new spouse's finances. On the other hand, if a parent stays at home, not working, and is fully supported financially by the new... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can I be forced to pick up my son from school even though it’s 89miles away from my house?

We have a LDPP in place filed at the court house. BioMom wants to change it forcing me to pick up my son from school on Fridays instead of our current agreement of meeting halfway. They live 89 miles away from me (they moved before we filed the LDPP). Will a judge favor her choice? And can she... View More

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

You raise two separate issues. As far as the exchange goes, if you previously agreed to meet halfway and have been doing that then the court will probably follow that arrangement. Child support is the right of the child under the law and cannot be waived by the parents. The court will address child... View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Child support modification

I divorced my ex in 2016. He raped me and went to prison and when the divorce was finalized support wasn't ordered due to prison time he was facing. He did 5 years and was released then was picked up again on separate charges for 9 months and was released 2 days ago. If I modify the child... View More

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

You need to read carefully the original court order. If the order "reserved" on child support then you can go back to the beginning. If it did not reserve then you may be limited to going back in time 24 months (two years). Speak with a local family lawyer who offers a free consultation... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I reside in Florida with my two minor children. The father of my children resides in Puerto Rico.

How do I enforce child support? Previously, I tried to put him in child support at no avail. I have even provided his address and SS but still I am never entitled to anything including health insurance

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2023

Have you ever been to court for paternity? You need a court order to pursue child support. The father can be served in PR and child support can be enforced in PR. See if your local jurisdiction (court) has a child support enforcement office. They normally help you for free. Otherwise speak with a... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Florida on
Q: when a parent has been served with a summons along with the paperwork mentioned below what paperwork would the other....

parent have to turn in in order to start the process in getting the minor child back? Paperwork included in the summons was a verified petition for sole custody of minor child and modification of child support, notice of related cases, notice of social security number, UCCJEA and notice of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 30, 2023

You need to read the verified petition for sole custody of minor child and modification of child support and answer each numbered paragraph ADMIT or DENY. After you do that then a hearing can be scheduled on the merits. At the hearing you can present your evidence through testimony and exhibits.... View More

1 Answer | Asked in Child Support for Florida on
Q: Does child support end in Peurto Rico, if the child gets married at 17?
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 29, 2023

You need to ask this question of a lawyer in PR. What matters is where the court order for child support was issued. In Florida the marriage of a child would end child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What options are available to reduce/remove child support when the child is now living with me?

Child support was filed in West Palm Beach currently reside in Jacksonville

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2023

You need to return to the court that issued the child support order and notify the court of the changes that have occurred since the last order was entered. Changes in timesharing (where the child lives) and changes in the parent's incomes are valid reasons to modify child support. Child... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My son is 18 lives in chicago & will be attending college in the fall, how soon can his mother request extension

Court order ends 6/2023 how soon can mother request extension for college

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2023

In Florida, unless your settlement agreement said something about college, child support terminates on eighteenth birthday or high school graduation. No extensions. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: My wife and I are separated for 3 years. Can I stop paying voluntary child support because she won't sign the papers?

I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2023

If and when your divorce is finalized there will be a child support obligation. You will receive credit for any payments made voluntarily towards child support. As long as you recognize that you will owe child support and there is no court order now that you pay child support you have no current... View More

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: How to get arrears childsupport case dropped.

Both kids are over 21and both custodial parents are deceased. How do I resolve this case so my bench warrant in florida can be cleared

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 7, 2023

You need to resolve the child support issue with whatever court issued the order. If you believe that there is no longer an obligation then file a motion with the court explaining why. If the court agrees then the arrearage can be resolved. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Civil Litigation, Family Law and Child Support for Florida on
Q: my former husband is requesting bank statements, however, my current husband is the only owner of the business account

I am a signer, but have no ownership rights. Also they are asking for his personal accounts, which I am not on either. I do not have any bank accounts at this time. My minor children have savings accounts. Please help me

Ira Markowitz
Ira Markowitz
answered on Mar 6, 2023

Has your former husband filed a Supplemental Petition For Modification?

Have you been served?

Was there a Marital Settlement Agreement ?

Note Child Support is always modifiable as long as the child has not reached the age of 18 or 19expected to graduate High School by age 19...
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1 Answer | Asked in Child Support and Federal Crimes for Florida on
Q: Where can I find the laws for child support services on collecting on the debt?

Example:

Can some from child support call me from their personal cell?

Can child support text me without my consent?

Can the FTC regulate Child Support Services?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

The laws related to child support services and debt collection can be found in the federal Child Support Enforcement Act (42 U.S.C. 651 et seq.) and the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).

Regarding your specific questions:

It is not recommended for child support...
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1 Answer | Asked in Car Accidents, Child Support, Collections and Identity Theft for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen
Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

Consult with experienced attorneys.

Use Justia search to find an attorney. https://www.justia.com/lawyers

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I am asking on behalf of my husband. How to make someone comply with court orders.

In September 2022 my husband filled a request for an adjustment in child support, based on a substantial decrease in income and an increase in bills. In response to this request, his ex served him with a lawsuit. Asking for both more money, and less visitation. The original request was then... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 27, 2023

I can only answer based on Florida law. If your child support case is in Florida then you can ask the court to compel her compliance with the discovery process (exchange of financial documents). The motion to compel will have a deadline which can then be escalated to a motion for contempt. It is... View More

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