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Florida Child Support Questions & Answers
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 More than the original court ordered amount is withdrawn and put towards back pay to the arrears.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
Rand Scott Lieber
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 Custody, Child Support and Family Law for Florida on
Q: Hey if I got denied from modification from administrative child support but I filed through judicial court

And they're trying to suspend my license I have court tomorrow I filed today for another modification through the judicial court does that still buy me time to get back in court to show that I'm doing my part and they won't suspend my license

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

You are always able to motion the court to not suspend your driving privilege. The court wants you to work to earn money to pay the child support. Explain that you cannot work without your drivers license. As long as you can demonstrate that you are making your best efforts to work and pay your... View More

1 Answer | Asked in Child Support for Florida on
Q: Does health insurance count as a medical expense?

The court decree states "THAT the plaintiff/Father shall maintain appropriate full medical insurance coverage for the minor children. The parties shall do a 50/50 split on uninsured medical, dental, psychological, orthodontic, and prescription expenses. When a party pays an expense as... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

The cost of the health insurance is the father’s responsibility.

The language cited does not mention dental insurance. Either parent can, but is not required to, provide dental insurance. But the language cited does not require either parent to reimburse the other for the cost of dental...
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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
Rand Scott Lieber
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
Rand Scott Lieber
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 Family Law and Child Support for Florida on
Q: In Florida 50/50 custody Do I have to have other parent agree with me adding medical for my daughter at my new job?

Daughter was on medicaid and I got a new job where I can add her on now, my ex never put her on her work insurance and can't until November and medicaid PPE is expiring in May, My ex is upset and wants me to look at 3rd party coverages versus my job. I want to make sure my daughter is covered... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 13, 2023

Obviously it is better if the two parents can agree. Does your agreement say which parent has the responsibility to provide health insurance for the children? You should do whatever is in the best interests of the child as long as you can justify your actions if challenged. Child support is always... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Hello. Is "age of majority" based on where the child has lived the entire time or where the court papers were filed?

The document states pursuant to Rule 32 of the Alabama Rules of Judicial Administration but the child has lived in Florida for the duration of the child support payments.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 13, 2023

Based on your question the Alabama rule would apply. More specifically, if you are asking about child support, you go back to the court (State) that issued the child support order for definitions, not where the child lives. 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
Rand Scott Lieber
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 Child Support and Family Law for Florida on
Q: Father who resides in Florida has faithfully paid child support after child’s mother filed claim in puerto rico. Child

now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?

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

You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: 16yo son lives w/his dad in Florida, is failing 10th grade for 2nd time and is truant. Can I request to terminate cs?

My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... View More

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

Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am divorced with 3 kids. I have a demanding job that is causing unneeded stress and am considering a change in jobs.

The new job will be less money. Would that warrant a change in child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 24, 2023

Child support is modifiable, up or down, until the children turn 18. You can change your income as long as you have a valid reason and it the change in income is reasonable. For example, you can't quit your $100K job to take a minimum wage job. Speak with a local family lawyer for more... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Child custody and support questions well after a divorce

My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2023

Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: How can I get my driver’s license reinstated when I owe child support?

I need it in order to get a job that pays decently.

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 17, 2023

You need to file a motion to reinstate your DL. You may need to explain to the judge that you need to drive to work. The court wants you to pay your 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: If I have my child for 169 days a year compared to their mothers 182 days a year should I be paying child support?
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2023

The child support calculation takes into account each parent's income as well as the overnights with each parent. There is a sliding scale adjustment as you get closer to 50/50 but that does not mean that there is no child support due. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My daughter was born in 2013 when I was 16 and her mother was 17.5 She put me on child support when I was 18, but

I hadn’t even started my first job at the time so how was the amount calculated? My mom passed away when I was a child and my dad passed away when I was 18 six weeks before the birth of my second daughter with my now wife which is around the time I was put on child support and because of the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2023

You have asked several different questions and should probably look for a free consultation with a local family lawyer. Regarding income, a person with no job is generally imputed minimum wage. This means that the court assumes that you are earning at minimum wage, even if you are not. Regarding... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi, Can Florida Child support file a case for child support when there's an open case in the courts waiting for mediatio

The father has the child and pays $2.00 monthly per court order. the father reopened the case, which is pending Mediation, can he go to Depart of Revenue Child support program and have them put on new case for child support from the mother if there's already a judge court order for him to pay... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2023

If the Department of Revenue has started a separate case you may need to ask the court to consolidate the cases. Whichever case began first would normally take precedence. You do not need to litigate child support in two separate cases. Speak with a local family lawyer for more specific advice.

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Is it possible for me to file for modification of child support on my own without a lawyer in Florida?

I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Florida on
Q: Hi, I suspect my children's father has another child back in Georgia. How do I go about finding out?

2 previous restraining orders against him.

He left Georgia at 14 to come to FL. After 1st restraining order, my son was 8 months old and I received a letter stating that they have been looking for him for over 3 years. Indicating to me he possibly has a child back in Georgia that he fleed... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2022

Apparently, you are seeking another restraining order. You could ask the person who sent you the letter for more information. But chances are that such information would be irrelevant with respect to your current application and/or would be inadmissible as hearsay.

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My wife filled divorce we got 3 kids
Paul Michael McDermott
Paul Michael McDermott
answered on Dec 8, 2022

You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: What can I do if my ex says she has a child that is mine but never let me meet them and has blocked me?

I was dating a girl and she suddenly broke up with me and there was no communication. After 6 months she contacted me to tell me she was pregnant with my child and I ruined her life and she wanted nothing to do with me. I have tried to get in contact with her to meet my son however she has blocked... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

The best way for you to force the issue is to bring a paternity case against her. You would probably need to go to court in Georgia where the child lives. Step one would be to request a DNA test and then go from there. Speak with a local family lawyer for more specific advice.

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