Florida Child Support Legal Questions

Your situation requires a direct consultation with a Florida licensed immigration attorney. You should contact an immigration attorney and get the legal advise you need. It is best to work with a Immigration specialist so Feel free to contact my office and speak with a Florida Immigration Specialist at 1 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read Answer

What you need to do is file for Child Support Modification and I believe you can do so from Florida, without going into her state. You will need to know her new address and contact info as well. You can reduce your support and also if the court has you for visitation and she does not allow you to interact with the child than you can also file for contempt. We can do all that for you and more. Please contact our office for a free consultation. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in FL.... Read Answer

while youare receiving it and no longerhave her in your custody, you can refund to the Dad to has her - keep track of all disbursementsto him.  You can also file a supplemental petition for modifucation of child support and the military will probably send child support from your account, once you get that sorted out.  Speak to the military about it.... Read Answer

He should still be supporting his children - however, he also needs to keep a close accounting and proof of any child support he provides by getting signed receipts with the date and amount and make sure it says "child support' on it and that his wife signs and dates the receipt.   I would suggest he not give her cash, but give her checks or money orders. If he provdes groceries or diapers or school supplies, he also needs to get the wife to sign the receipt and date it. ... Read Answer

  Before anyone takes "legal action" your husband should go to his payroll department and try to figure out what the problem actually is.   I would tell him to take a copy of the Income Withholding Order with him, and make sure that the payroll department is sending it to the correct place.  Also, the department could check to see if the  checks are being deducted from  the employer's account.  If they are, then SOMEONE is getting the money, and it is likely the Florida Disbursement Unit and they are making the error...But see below.   It could be that the address where funds are to be sent was incorrect in the IWO.  The address I have is P.O. Box 8500, Tallahassee, FL 32314-8500. In addition, in some counties, Broward, for example, the party receiving the monies  needs to set up a depository account in the county.   Have your husband call the county where the case is pending and find out if an account needs to be set up.  This is typically done by the recipient, but instead of standing on formalities, this is a way to see if the problem can be fixed. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

It depends what "kind" of "papers" you received.  Typically, at least under Florida law,  an action for child support would have to be brought against you in the state you reside.  However, if you have prior contacts with Puerto Rico (ie: you previously lived there, own a business there or property) it may be the propoer place for the case to be situated.  Since there is something pending in Puerto Rico at this time, I suggest you contact an attorney there, explain the situation and then if Puerto RIco is the improper jurisdiction that Puerto Rican attorney can file the proper motion to dismiss or transfer the action. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

   Typically, in a modification proceeding, any support awarded can  only be awarded retroactive to the date of filing the modification petition.  However, you may have a unique situation where, if you can prove fraud in the initial divorce proceedings, you can move to set aside the original final judgment, to the extent that no child support is awarded, and ask for the court to award child support based on the fraud.  The fraud must come from a fraudulent financial affidavit.  In such a situation, once the fraud is discovered you can seek to set the judgment aside.    It is a little complicated, but probably worth looking into based on the facts you set forth in your inquiry.    Best of luck,  Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Plantation/Boca Raton 954-316-3496 info@vovalaw.com  ... Read Answer

I don't know what "PCSd" means, however, to modify child support the first step is to file a Supplemental Petition for Modification in the child support case.  There are certain allowances that can be made under the law - they are very specific.  I don't know who is running you around, but if you have filed the Petition, the Court will be the one who decides.  No one can change a court order other than a judge. ... Read Answer

This is your husband's case.  You cannot do anything in relation to it as you are not a party to the case.   He can file a supplemental petition for modification of child support - he has no duty to support step children so that will not be credited to him, however, if he has additional children of his own, those could be considered.  He must file that supplemental petition in his child support case for the court to review any of his financial changes - there are certain allowances that can be made under the law.     Thank you for your inquiry.... Read Answer

    Child support is calculated based on, principally, the net income of the two parents and the number of children who are subject to support, based on child support guidelines established under Florida Statute Section 61.30.  The other key factors involved are the number of overnights that each parent has with the child/children as well as the costs for reasonable child care, if necessary to allow parents to work and/or further one's education to become more marketable, as well as the cost of health care.     If you used the child support guidelines and your support (with those other factors calculated in) comes to $2400.00 per month, then that is likely to be about the support you pay.  The fact that you have a surplus on your financial affidavit should not typically affect the support paid.  However, if this is a dissolution of marriage action and alimony is an issue, then a surplus can play into that equation.    Best of luck to you,    Cindy S. Vova    Law Office of Cindy S. Vova, P.A.    Broward-Boca Raton    954-316-3496    info@vovalaw.com         ... Read Answer

   First, do you know from whom he is getting the money?  Do you have an order establishing arrears?  If the $13,000 has accumulated from an original order to pay support, you should file an Urgent Motion for Contempt, citing that the father is about to get this money, and then the judge can order that he pay the past due support to you.  There are also remedies to try and seize the money owed before it is disbursed, but what is involved to do so goes beyond the scope of a brief answer.    I suggest you call the Judicial Assistant to the judge handling your case and that person may be able to assist you with getting a quick hearing to get before the judge if you explain your situation.   Best of luck to you, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Boca Raton 954-316-3496 info@vovalaw.com  ... Read Answer

Some Income Withholding Orders have an automatic termination date when the child turns 18/graduates from high school.   Usually a letter to the Clerk with a copy of the birth certificate and/or proof of high school graduation will suffice.  Otherwise, a motion will be required. What county are you in?... Read Answer

Child support terminates when the child turns 18, unless the child is still in high school, in which case it terminates at graduation, provided the child is set to graduate before the age of 19. Typically the new child support orders contain a termination date. Otherwise, you would have to file a Motion to Terminate Child Support (and vacate income deduction order), provided you are not just making child support payments directly to the other parent. For a more specific response, it would serve your interests to have an attorney review your order/judgment on the matter and advise you accordingly. All the best.... Read Answer

   If your agreement involves a divorce, then yes, the Court must have a final hearing where the Petitioner, or the Respondent, if a counterpetition was filed, testifies.  It is brief, but necessary.    If your agreement was for paternity, then it depends on the judge.  Most do require a hearing, but it is more ministerial than anything   else.  A judge does have the financial affidavits available to review and he/she may require child support guidelines as well, if children are involved.  However, the court may just ask if the child support (if applicable) complies with guidelines.  Again, it depends on the judge.   If no children are involved, then the judge won't be as concerned about what the affidavits say.    Glad you were able to amicably resolve everything   Regards, Cindy Vova Law Office of Cindy S. Vova Broward: 954-316-3496/Boca Raton: 561-962-2785  ... Read Answer

Bring with you: 1) Proof of all payments you made that would negate the claim (or at least part) for the arrears 2) Proof of your current income and assets/liabilities. If the court determines you owe arrears, the court can require you to pay  the arrears or be incarcerated.  However, if you cannot afford all of the arrears, you need to show what you can afford so the court can set a purge amount.  That is essentially an amount to give you the "keys to the jail cell' and keep you out of jail. Good luck. Cindy Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

Dear Anonymous: If your divorce decree says yur ex can claim your daughter, this is "his" right...not his new wife's right.  I assume that he is filing separately from his new wife, or if they filed a joint return, he would be allowed to claim your daughter. However,  you indicate he has back child support due.  Check your settlement or final judgment.  Often the right to claim the dependency exemption requires that the party entitled to make the claim is current on his/her support obligation.  This does not seem to be the case here. Finally, you typically have to sign an IRS Form 8332 in order to transfer the dependency exemption.  The IRS rules allow the exemption to the parent who has the child the majority of the year.  As you indicated, that is you! Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954.316.3496 info@vovalaw.com  ... Read Answer