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Florida Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters father who had physical custody has passed away in Florida. Now I have my daughter

Our custody agreement is from Kentucky. I’m I required to transfer and change the agreement it in the courts in Florida?

Rand Scott Lieber
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answered on Sep 12, 2022

If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is there a way to establish legal rules on paper but not through the whole process? Maybe like with a mediator or?

My daughters father and I are not married and have never been married. I moved to Florida from Georgia and don’t have money to switch my car and everything over to Florida. So I have an out of state license. My child’s dad always wants me to drive and bring her to him and we have disagreements... View More

Rand Scott Lieber
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answered on Aug 26, 2022

If yo have never been married then you as the mother have total control of the situation. If you have lived in Florida for more than six months then you can file for paternity here, with or without a drivers license. You just have to prove that you have lived here and plan to continue living here.... View More

1 Answer | Asked in Divorce and Child Support for Florida on
Q: I want to know what my husband after 16 years supporting me & would not allow me to work can & can't do

I would like to know what my husband can & can't do after 16 years of marriage and not allowing me to work & has supported me and my way of living for the past 16 years.

1.An attorney said he could open a new bank account with no obligations to maintain money to me is that... View More

Michael Ferrin
Michael Ferrin
answered on Aug 23, 2022

While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to... View More

1 Answer | Asked in Child Support for Florida on
Q: VA disability compensation be used when calculating child support in Florida? Employed full-time with VA disability
Rand Scott Lieber
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answered on Aug 18, 2022

Yes, disability payments are considered income for child support purposes.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Divorce my spouse moved out of state with kids without my consent

My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... View More

Michael Ferrin
Michael Ferrin
answered on Aug 18, 2022

We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.

1 Answer | Asked in Child Support for Florida on
Q: Can PR collect child support on a case that was completely paid through FL?

We had a child support case in FL. It is completely paid off (she is 23 now and not in school). FL enforced it and we always paid through FL, now PR says that we owe child support through them. We were never contacted by PR and had no idea that there was a case. We found out because they just now... View More

Rand Scott Lieber
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answered on Aug 12, 2022

You can start by providing PR with whatever FL documents that you have showing payments and satisfaction. Your ex can prepare an affidavit saying that the child support was paid in full in FL and that they are not requesting anything further. If that does not work then you may need to consult with... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I ask a court to modify a already existing parenting plan
Pamela J. Fero
Pamela J. Fero
answered on Aug 11, 2022

If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.

If the other parent disagrees, you can file a petition for modification. You must convince the court...
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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Recently the father of my son passed away. A letter was found in his apartment that said he owed child support.

How can I go about collecting any amount paid into that support?

Rand Scott Lieber
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answered on Aug 2, 2022

You can contact whatever agency was collecting the support. Big picture, in Florida, it is the Central Depository or State Disbursement Unit. If, in fact. they had collected any child support they should have tried to forward it to you (assuming that you are the obligee) already. I do not think... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I'm paying my back pay child support can I get a passport

At least a temporary or limited passport

Rand Scott Lieber
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answered on Aug 1, 2022

If child support enforcement has put a restriction on your passport then you will need to file a motion to lift the restriction. If there is no restriction then you can get a passport as you normally would. There is no such thing as a temporary or limited passport. Speak with a local family lawyer... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Hello can not afford a lawyer, He lives in New York and I live i live in Florida. How can I get divorced for free?

We have been separated not legally for about 10 years but i can afford a divorce. He can afford it but he has not filed for one. I have a pending child support order. I want to get divorced.

Rand Scott Lieber
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answered on Jul 25, 2022

Contact your local legal aid society to see if you qualify for free legal help. You can also try your local bar association to see if they offer pro bono (free) services.

Good luck!

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Im pretty sure the documents are through the court originally. When the mother got a few years sentence.

The court ordered DNA when she wanted child support money. He is still not on birth certificate, but now 13 years later and his sentence is 40 years. His half sister found him in prison when their father died. Didn't even know of each other. Now she has hired him a lawyer in prison and he... View More

Rand Scott Lieber
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answered on Jul 21, 2022

If the father is in prison for 40 years then I am not sure that I understand your concern. Please speak to a local family lawyer that specializes in dependency for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: How to approach a divorce with wife when she has walked out on me and our kids won't hardly even speak to children

Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened

Pamela J. Fero
Pamela J. Fero
answered on Jul 18, 2022

Can you locate your wife or not?

You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it...
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1 Answer | Asked in Contracts, Family Law, Child Support and Probate for Florida on
Q: How do I put a lien against my ex's grandmother's will?

She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 30, 2022

You don't. You hire an attorney, asap.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: If Separated in Florida &ex paying half rent as we are both on lease& legally obligated does that count as child support

Separated as of Jan 2022, he left home. Lease is thru July 30,2022 we are both listed on list he has been paying half the rent but not any child support. Will him paying half rent count as child support?

Rand Scott Lieber
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answered on Jun 9, 2022

While it is not automatically considered child support, if you and the child are living in the home and he is not, he can make the argument that the half rent payment is for the benefit of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: If I'm in jail no income by law can they make me pay my x child support and received no SSI. For 2 mths
Pamela J. Fero
Pamela J. Fero
answered on May 27, 2022

You still have to pay your child support even for the time that you are in jail or prison. Imprisonment is unquestionably a "substantial change in circumstances," which means you will be unable to earn an income to pay child support. However, the law in Florida upholds that it is still in... View More

1 Answer | Asked in Child Support for Florida on
Q: I presently live in the State of Florida, I have a 2002 child support judgement in the State of Georgia. The defendant

presently lives in the State of Pennsylvania. The defendant is in arrears for the entire disposition (hasn't made any payments). The defendant is due to receive a large sum of money soon. Where and how do I obtain the arrears owed to me.

Rand Scott Lieber
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answered on May 27, 2022

If in fact you have a judgment from Georgia with a specific amount listed you need to contact a debt collection attorney about enforcing the judgment. It is no longer a family court matter.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: I am a Florida resident and my ex husband/ childrens father devastatingly passed away in April. I am the beneficiary &

Our son is secondary beneficiary. I heard I will get denied bc in Florida the divorce immediately deleted you as beneficiary. He wanted to keep this policy to ensure security for the kids if he passed.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 26, 2022

I am unaware of any statutory provision cancelling your right to be the beneficiary of his life insurance on account of your divorce. Go ahead and apply for the life insurance proceeds. If the insurance company is aware of such a provision, your son will of course get paid instead. If he is a... View More

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1 Answer | Asked in Child Support for Florida on
Q: Bio father under paying child support for years

bio father has been underpaying child support for years, seeking to get back payment In pasco county Florida…

Help.

Rand Scott Lieber
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answered on May 24, 2022

See if your county has an agency that helps with child support enforcement. Sometimes it is the State Attorney's office. Sometimes it is the Attorney General's office. If they are paying through the state disbursement unit then you have a specific record of what is paid and what is owed.... View More

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