Florida Child Support Legal Questions

  No, at the moment you are not legally obligated to pay support, but you are "doing the right thing."  If you want to establish your rights, including parental responsibility and timesharing, then you should file a petition with the court to establish same.  As my colleague indicated, keep good records of what you have paid, because the Court can go back 24 months from the time the parties separated and order you to pay retroactive support.  Of course, you will get a credit for any sums paid volutarily so that is why you need to maintain records.     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:     Unfortunately, two wrongs do not make a right.  Yes, you still have an obligation to pay child support.  Luckily, your support ends soon.  I am wondering why there was never an order in place to have her return to Florida and a pick up order to get your kids back 7 years ago.    As to the contempt, you could proceed to get a writ of bodily attachment and if your ex ever enters Florida again she could be arrested.  A little too complicated to explain in detail here, but there is a "remedy."      I am sorry you have had to go through this and hopefully, since your children will be adults soon, you will be able to rekindle the relationship with them.   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

If your EX received the money from DOR then she would be the one required to repay the funds as she was aware of the over-payment and kept the money.  If she was over-paid and NV agrees then you can request to have the over-payment applied to your current child support obligation to reduce your future payments.  ... Read Answer

Dear Anonymous:    Although the father is on the birth certificate, until he establishes paternity in a court, he is not deemed the legal father under Florida law.  He should file a petition to establish paternity as soon as possible.  Below is a link to a form he can use, but he must follow the instructions carefully, as there are numerous steps to take in this process, and it can get a bit tricky for a non-lawyer. https://www.flcourts.org/content/download/403319/3458248/983a.pdf Also, if the child has lived in the state within the last 6 months, the action must be filed in Florida, even if he intends to take the child out of the state.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785     ... Read Answer

  You will need to file a Petition for Modification in each case for each child.  The court can take into account additional children in calculating child support.   Check on line under Florida Fmaily Law forms and that may give you some guidance.  Because this is a little tricky to navigate, you should also try to call your local legal aid office for some assistance.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. ... Read Answer

Child support is not necessarily automatic, but if the child's mother applies for any benefits with the State then a child support case will likely be opened and you could be required to pay child support in accordance with the guidelines.  If you choose to work something out with the child's mother outside of the Department of Revenue, then you will want to make sure it is documented, not only the amounts and dates, but there is documentation to establish that the money is for the benefit of the child and not a gift to the child's mother. Keep in mind, you can make agreements but the mother can still pursue child support at any time and if you are unable to establish that you have been financially supporting your child, then you can end up with child support arrears to pay in addition to any ongoing support that may be ordered. ... Read Answer

 Dear Ms. Francisco:     Child support is based on three main factors: 1) The net income of each party 2)  The additional costs for child care and health insurance (if reasonably affordable) and 3)  The number of overnights each parent has with the children.   If these factors were not considered originally, then you have to ask the court to use them to calculate child support now.  Make sure you have the documents showing the child care costs and health insurance costs.  As to what you were "told" about other expenses he was supposed to cover, unless it is written in the final judgment of divorce or the Marital Settlement Agreement, it is not enforceable.     As to your ex's income, he needs to produce more than a financial affidavit.  He needs to produce pay stubs, a W-2 (which he should have by 1/31/19) 1099s, and bank records.  These document should shed light on what his real income is, and then the court can use those numbers to calculate support.   You can also ask the court  (which they will do) to issue an income withholding order so that his support comes directly out of his paycheck.    Wishing you luck, Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

If the child is not determined not to be his biologically, then he may pursue an action to disestablish paternity which would result in his name being removed from the birth certificate.  If you know the name of the other guy, then you will likely have to seek him out child support, but that will not occur until the issue with the former boyfriend.  ... Read Answer

Yes, if the child support order is from NY then you need to file in NY.  If these are funds he never paid while the children were young, they wiLL probably continue until paid in full.  Of course, this is his case and you  do not have a part in it, so he will have to take care of it himself.... Read Answer

 Dear Ms. Cumberland/Ascano:     I believe you are referring to a "writ of bodily attachment?" There really is no expiration limit on it.  But these are issued when a party has already been held in civil contempt.  You should have contacted the Court prior to the hearing by phone and in writing and perhaps you could have gotten the hearing continued.    Generally, you should try to file a Motion to set the writ aside,  explaining the circumstances  as to why you could not make the Court hearing, and include any documents supporting same.  File it with the clerk of court and also send it to the judge in your case.  You may have to request a hearing on this as well.   Good luck.    Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

Your boyfriend will need to file a motion to recall bench warrant and motion to dismiss the failure to appear.  Each motion will need to include specific language to meet the burden for the Court to grant both motions.  The motion to dismiss the failure to appear and to recall the bench warrant would be based upon him not having notice of the hearing and thus his failure to attend was not an intentional act.  Additionally, he has has been paying child support through his employer withholding child support from his paychecks, thus he did not have any knowledge that there was any issue with his child support payments.  One issue he may have is with his failure to update his address with the Clerk when he moves or with DOR.  He has an ongoing obligation to keep his address updated which would avoid such issues.  Also, in regards to the purge amount, the issue may be with his employer not withholding sufficient child support payemnts of is they are withholding the maximum allowed in Florida, which is less than his obligation.  If that is the case, then he needs to petition to have the child support modified.... Read Answer

If the child support was set up on your first child through Florida then you will need to petition the court to modify child support and be able to support your request by a substantial change in circumstance which would be your income and the birth of another child.  You will need to file this Petition to Modify Child Support through the same court that imposed the child support and time-sharing order. ... Read Answer

First, you should check the court file (usually available on line).  In order to enter a child support order against you, there has to be a document showing that you were personally served with the original petition for support.  It is possible that service went to your old address- or someone else there took the papers and did not tell you.   Similarly, if this is an administrative order, they typically just mail you papers, and if you do not respond, they calculate support based on government documents (such as tax returns) that show your income.  Perhaps this happened as well.  You should then write a letter, send it certified and advise you never received any papers.    Follow up with calls until you get someone's ear, and then perhaps you can have a rehearing on this matter.  But do it soon! Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com    ... Read Answer

The child support is most likely arrearages and the State is enforcing the payment as the State provided for your child during the time the child was removed from your custody until your rights were terminated.  You may want to speak to someone with the Department of Revenue to verify that you are not accumulating current support payments. ... Read Answer

First, it depends where the order awarding child support was entered.  In Florida,  child support typically terminates when a child reaches 18 or graduates from high school, provided there is a reasonalbe expectation that he graduate before his 19th birthday. However, there are always exceptions, and the terms of the order/agreement would govern.  In certain states child support extends beyond age 18, so to answer this fully would require a review of the order. Now, with that said, although the support should terminate automatically it rarely does.  If you are the person obligated to pay, you would have to take action by getting a court order to stop the support.  Your son, or the parent who was receiving the support on behalf of your son, can agree to the order and then usually this can be submitted  to the court  by agreement and it goes a little smoother. Good luck! Regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com ,... Read Answer

Mr. Mitchell:    You do not state whether there is a court order for you to pay (child support? alimony?- you don't specify) for a sum of more than $600.00.  If so, then  to modify the court order, your ex and you have to get a superceding court order to change this.  Depending on whether this was an administrative order or a circuit court judge's order may also dictate how the language is worded.   Either way, you will need more than a text message.   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 ISSUE OF RELOCATING IS COMPLICATED IF THE OTHER PARTY OBJECTS.  CHILD SUPPORT CANNOT BE WAIVED BY THE PARENTS AS IT IS A RIGHT OF THE CHILD AND IF YOU ARE RECEIVING STATE BENEFITS, THE STATE WILL GO AFTER CHILD SUPPORT AND REIMBURSEMENT FOR EXPENSES.     I HIGHLY SUGGEST YOUR HIRING AN ATTORNEY. ... Read Answer