Florida Child Support Legal Questions

Dear Anonymous: If the mother now seeks to get child support through the Depratment of Revenue  or through an independent case, she can do so.  However, you state that there was never a paternity test.  You can ask for that paternity test in any case brought seeking to have you pay child support, and if there is any doubt, I suggest you do that. If you are the biological father, then the other parent seeking support can only seek retroactive support for a period of 24 months from the date of filing.  So, if you can provide proof of the payments you made during this 24 month period, they will be credited toward any support that you would owe.  If you paid more than the law requires then any overage would be applied to support going forward.  If you paid less than the law requires, then whatever the retrroactive amount (after the credit for monies paid) is, the court can order that to be repaid.  Usually, it is paid overtime, and the law permits the judge to add 20% on to your current support obligation.  So, for example, if you owe, going forward, $500 per month, the Court can add an additional $100 that would go to pay any retroactive support that might be owed.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Palm Beach- Boca Raton: 561-962-2785... Read Answer

Dear Anonymous:   Although I do not have a copy of the notice, it appears that the Department of Revenue was involved in the original child support order, and they are now asking the court to make them a party to the case that you filed for modification.  The "non-representation" means that DOR does not represent the children's mother as it pertains to any change in the time-sharing arrangement, but  DOR does deal with the monetary issues.     As to the objection to the referral to general master,  apparently the Court referred some of the issues you raised in your Petition to the General Master, who would then hear that part of the case and make recommendations to the Court.  A party can object to a referral to the general master, which DOR apparently did, and then the matter will be heard by the judge.   I know all of these procedural matters are a little confusing but hopefully this explanation helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

Dear Anonymous:    You indicate that the "non-custodial" (the courts do not use that term these days) parent could not see the child until the child turned 18, yet you say "they" never went to court. If one parent cannot see the child, it is usually because there was a court order stating as such.   You also do not say if  the custodial parent was the mother or father.  Assuming the non-custodial parent is the father, and there was a court order stating he could not see the child, that usually means that paternity was established.  Usually, with paternity there is also an order for support.  If paternity was never established by a court, (again assuming non-custodial was father) then there is no way to pursue child support now since the child is emancipated, and the custodial parent's rights to seek support are extinguished (except in very unusual circumstances).  If paternity was established, a parent can only go back 24 months from the date of the request for support.  However, because the custodial parent waited until the child turned 18, the Court will not order retroactive support since that parent has slept on his/her rights to pursue the support for the last 18 years.    The parent can try, but success would be illusive. Glad you are having time with your child now.  It's never too late to build a relationship.  Wishing you the best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A.  Broward/Miami- Dade: 954.316.3496 Boca Raton/Palm Beach: 561.962.2795... Read Answer

Dear Anonymous,     Unfortunately, since you are still living together you have no legal recourse.  If you were living apart, you could file an action for separate maintanance under Florida Statute 61.09 and 61.10.  Those statutes allow the court to give a spouse who is living separately from the other spouse both  spousal support as well as  child support, if under the law, the spouse qualified for same.    However, when the spouses reside together there is no relief available from the court.    Sorry I could not provide more positive information.   Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 ... Read Answer

Dear Ms. Rullan:      The short answer is maybe.  Child support is always subject to modification, and although it is unlikely that support would change over then next 28 months it could.  However, that said, if you would like to try and do this it would involve the following:  *The easy way:  get the consent of the recipient of the child support to agree.  If the mother does agree, then you would have to get a court order indicating that it was prepaid (subject to modification if there is a substantial change in circumstances).  He would also have to get an order that terminated the  income withholding order and advised the state depository that the case was closed out.  Or you could get the IWO terminated and then pay the lump sum to the state, that would (presumably) then devy it out (presumably) to the mother in the increments for monthly support for the duration of your hsuband's obligation.  As with most legal issues, the devil is in the detail and follow up.   If you try to go this alone, make sure you follow up.  The State Depository is often behind and even if you get an order, they are liable to have records indicating  your husband still owes money.  Hope that gave you some guidance. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785   ... Read Answer

  Ms. Vazquez,     If your fiance has an order to pay child support for a child you have together, but he is going to become your husband, then the child support should terminate.  Of course, he would have to file a Petition to Terminate Child Support, stating the grounds that he is marrying you and will be living together with the child.  Since you would be the party "against' whom he served this, you most likely could do an agreed order to terminate the support and submit that to the court.  Of course, if the Dept of Revenue is involved, there may be a few more steps.  Nonetheless, there will have to be an order to terminate signed by a judge.  Child support will not just terminate without it even if you do marry.   I hope this was helpful.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read Answer

Child support is based on income (may be imputed if there is no actual income) and the number of overnights a child spends with a parent. There is a specific formula set up in the Florida statutes.  In your case, you have a third party caring for the child too.  You should meet with an attorney, provide the specific income and timesharing numbers and determine what the child support should be, if any. ... Read Answer

Dear Mr. Vess:      I am assuming you are asking whether you will still be required to pay child support.  Please understand that you cannot just "terminate your parental rights" because you do not want to pay support.  If there is another individual willing to step into your role (i.e. a potential stepparent) then there can be an agreement to terminate your rights, since the stepparent will take up that role.  Absent such a situation,  or where there is a state intervention to terminate your rights for abuse, abandonment or neglect," your obligation stays.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. ... Read Answer

Dear Anonymous:   It would really depend on what your Final Judgment and/or Marital Settlement Agreement says.  It likely states that the child support terminates on the child's 18th birthday (Sept. 7th).  It appears that he pro rated it for the month.  However, check your agreement because the law typically says"...18th birthday or graduation from high school, whichever comes later...provided there is areasonable expectation that the child graduate before her 19th birthday."  If this applies in your situation (daughter in 12th grade and will graduate in June next year) then he would still owe full support until that time. If you believe that your agreement provided for the support to be paid for the full month of his birthday you would have to file a motion with the court  for contempt to get the remaining amount. I hope this helps. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  ... Read Answer

Dear Mr. Martinez:      I assume your child support ceased becasue after the child's mother died, you became the "next of kin" and are entitled (barring matters that I am not aware of) to have the child living with you and therefore you would be supporting the child.  The grandmother would have to file a petition to become the custodian of the child, and then she could seek child support from you if she is successful.  However, at the moment, I suspect your court order required support to be paid to the deceased mother, not her mother.     I hope this helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  ... Read Answer

    Well, besides the obvious, this still might constitute statutory rape in Florida since one party was under 18.  However, there are  "close in age" exemptions, but you would have to consult with a criminal lawyer regarding this matter if it is raised by  the putative father.   On the family law side, once the baby is born, either party would have to file in the circuit court where conception took place to establish paternity.  Without a court establishing paternity neither child support nor timesharing is legally enforceable.   Hopefully this is the information you were looking for.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. South Florida 954-316-3496/561-962-2786 info@vovalaw.com ... Read Answer

 I am assuming it was contempt for failure to pay child support and that, possibly, it was brought by DOR?  They should have the documents but it doesn't hurt to come prepared.  Also your father should be prepared to testify that he has not received any of the money owed.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

  The law says that if a woman is married at the time of conception or birth, the husband is the presumptie legal father of the child. He would stay as such unless he or the "wife" filed for a disestablishment of paternity.     On the other hand, did your husband sign the birth certificate?  If he did there is a presumption of paternity.      That said, if a petition is filed to establish child support against your husband, he would need to bring up this up- the mother's fraud on the birth certificate, that she was married, etc.  Because this is a bit unusual, if he does receive a summons it would be worthwhile to speak with an attorney.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova  Broward/Palm Beach 954-316-4596/561-962-2785... Read Answer

Yes, proof of income is necessary to calculate child support and for certain other relief. There is Rule 12.285 Florida Family Law Rules of Procedure that requires an exchange of documents within 45 days after service of the pleadings.  This might be in effect in your case depending on what the underlying action is.... Read Answer

Dear Anonymous:   There are more factors to be considered in computing child support than you have provided information on. As such, it would be inappropriate to guestimate a child support number.  It is commendable you did research on this topic.   Many people also research health issues before seeing a doctor.  However,  as with the medical field, people typically do not treat themselves.   The best thing for you to do is to at least have a consultation with an attorney so the attorney can ask you all the pertinent questions he/she would need to best advise you and then provide answer to your  questions.  If the father wants to have timesharing with his child, a case through DOR will, at best, only establish a limited timesharing schedule.  An hour with an attorney can explain to you how to get more timesharing as it is not as simple as just showing up for the DOR hearing. After you consult with an attorney then you will be in a better position to determine if full represnetation is worth it for you.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

Dear Anonymous: That depends on what the original order compelling you to make the payment says. Usually, unless there was a determination that you had the present ability to pay whatever the sum the ourt ordered, there is another hearing to make that determination.  Then if the court finds you have the present ability to pay what is referred to as a "purge" (which might not be all the money you owe) an order may issue to have you picked up and incarcerated until you pay that purge. I hope this helps- but I suggest that you pay all that you can towards this sum to avoid any problems.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

  First you need to figure out what you owe.  The court  should come up with a purge amount that you are able to pay at the time of the hearing.  In other words, if you owe $5000, and all of your worldly goods (including the watch on your wrist and the money in your wallet and bank accounts, and the car you drive) add up to $3000, then that  could be the purge amount ordered.  The court could also order you to take most of your next paycheck and throw that in as well.    THe bottom line is if you do not have $5000 available then the purge cannot be the entire amount as you are unable to pay.  However, the court can make you go get a job (if you don't have one) and start paying something regularly towards the arrears to keep you out of jail down the road. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

  Under Florida law, a party's name as father on a birth certificate of an unmarried couple is not necessarily dispositive of paternity.  However, since he signed the birth certificate there is a period of time that, once lapsed, creates a presumption that he has  acknowledged paternity.  As such, he (and you ) may have to disestablish paternity in order to pursue child support against the biological father.  I am sure he would also require a DNA test of the putative father.  If you are planning to go through Child Support Enforcement, I would ask them if they can assist with that.  If not, you will have to do the disestablishment on your own and before you attempt to get child support.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785     ... Read Answer