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Florida Child Support Questions & Answers
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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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
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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
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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 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
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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.

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
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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.

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

1 Answer | Asked in Child Support for Florida on
Q: Why are my child support arrears increasing?

I pay my child support every week, it comes directly out of my check from work. More than the original court ordered amount is withdrawn and put towards back pay to the arrears. Even still, the department of revenue is increasing my arrears every week. Last week it went up $83.55. Why is this... View More

Rand Scott Lieber
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answered on Feb 26, 2023

If you pay through the central depository/ state disbursement unit you should have an online account. You can review an accounting of your payments and additions. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Does a balloon mortgage to an ex spouse for equity of a home count as income once paid off in full?
Rand Scott Lieber
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answered on Feb 15, 2023

No. This type of payment would fall under equitable distribution (the division of assets and liabilities) and not income. 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: Can a parent that's Behind over $5,000 in child support threatened to take his kids away from the mother due to hardship

Mother behind in rent from loss of job on 10/31. Mother back at work 12/19. She's trying to get caught up.

Rand Scott Lieber
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answered on Feb 13, 2023

Timesharing and child support are two separate issues. You cannot have timesharing taken away because you are not paying child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can a judge (FL) order someone who is unemployed to pay of $800 in child support.

Judge allowed mother to temp relocate back to NY. I have to pay travel expense for my son who is 5 years old which consist of flight ($300-$500) in addition unaccompanied minor fee ($300RT).

Rand Scott Lieber
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answered on Feb 8, 2023

Generally speaking, when a party is unemployed, for child support purposes, they are imputed (assumed) to be earning minimum wage. If you cannot afford the timesharing based on a minimum wage income then you should return to court and ask for a modification. Because this can be a complex issue... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: If someone has warrant for a family court case and they attend a hearing for a criminal case . Will they get arrested
Rand Scott Lieber
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answered on Nov 3, 2022

If you have an active warrant you can be arrested anywhere, including another court hearing.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Does a custodial parent (court ordered) have to continue providing/ maintaining their child past 21 years old?

Initial decree had father/non-custodial, 4 years later father got court order custody. Child left back with non-custodial parent/mother (never changed court order), child left at 19, now is 21 demanding continuation of child support to the custodial parent/father.

Rand Scott Lieber
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answered on Oct 18, 2022

You need to carefully read the original order and what it says about termination. In Florida child support ends at 18 or high school graduation. If your order is from another state it may extend child support to 21. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I receive child support payments. If I am able to pay off a car loan. Would that change the amount of support I receive?
Rand Scott Lieber
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answered on Oct 6, 2022

Child support is based specifically on each parent's income. Unless paying off the loan will increase your income (the amount of money you earn, not spend) then there will be no change. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: how can I protect my new spouse from my child support case in Puerto Rico?

my ex girlfriend may open a child support case on me if she finds out i am newly married. Can my pre nup in Florida protect my new wife from my ex trying to add my new wifes personal income for child support case in Puerto Rico?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

The mother of your child cannot force your wife to pay child support in Florida, whether the mother sues in Florida, Puerto Rico, or elsewhere. Child support would be your obligation, not that of your wife. If your ex does file for child support, you and your wife probably should not own property... View More

1 Answer | Asked in Child Support for Florida on
Q: what type of motion would I file to make my ex pay his child support on time? he pays it every month but never on time

The judge was very clear that it needs to be paid on the 1st of the month and not any later. but it never comes on the first of the month. it comes randomly all different times of the month and I cannot budget because I don't know when it's coming and I want to have the judge enforce it... View More

Rand Scott Lieber
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answered on Sep 21, 2022

Unless your ex is self employed, the best thing that you can do is to ask for an income deduction order, which is your right under the law. With that order the child support would be deducted directly from his pay check by the state and then forwarded to you. Speak with a local family lawyer for... View More

2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... View More

Rand Scott Lieber
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answered on Sep 20, 2022

You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues... View More

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2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero
Pamela J. Fero
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was on child support with my ex husband and he gave me the kids because he no longer could care for them and now that

They are grown he is seeking back child support for the time I had them. What can I do?

Rand Scott Lieber
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answered on Sep 19, 2022

You need to get a hearing before the court that issued the child support order to explain what happened. You should have returned to court when he gave you the children. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Rand Scott Lieber
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answered on Sep 19, 2022

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... View More

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1 Answer | Asked in Child Support for Florida on
Q: If the custodial parent loses custody of their kids does the non custodial parent have to continue paying child support
Rand Scott Lieber
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answered on Sep 15, 2022

If you have a legal child support obligation then you must return to court to modify that legal obligation. The custodial parent losing custody will not "automatically" change your obligation. Speak with a local family lawyer for more specific advice.

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