Florida Child Support Legal Questions

  When one parent is unemployed, there are a number of factors the court considers in determining what, if any, income should be imputed to the unemployed parent. -If the parent is "voluntarily" unemployed (which may not be as obvious as you may think) then the court may impute to that parent the income he/she was making prior to the voluntary unemployment. -If the parent just recently lost a job, even if it was 'involuntary" the court may be able to impute to the person the income he/she was earning before, if that person has only been unemployed a short period of time. -If the parent has not worked for a long time, the court will not automatically impute what the person used to earn.  In fact, the court can, in such a case, only impute minimum wage.  The parent trying to 'prove" the unemployed parent can get a job and earn more would need testimony from a vocational expert, which is a very expensive process. There are a number of other variables in this equation which would require more facts to discuss, but hopefully this gives you a general idea of how the court handles these situations. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.a. 954-316-3496 info@vovalaw.com ... Read Answer

  So technically, your ex is not current on his support if he owed $110.00 as of 12/31.  The law pivots on technicalities, but I know there are more than a few judges in South Florida who tend to ignore minor deviations (such as being $110 late- presuming he pays you shortly).   As to the order stating Form 8223 and not Form 8332, this does appear to be what we refer to as a scrivenor's error, and trying to ignore the intent of the order as a result of what was likely a "typo" will not likely prohibit it's enforcement.  If you do not sign the form based on the unpaid support, you should simple state, in writing, to your ex, that since he was in arrears in his support obligation as of 12/31/16, he is not entitled to claim the dependency exemption for 2016. Best of luck, Cindy Vova Law Offices of Cindy S. Vova Offices in Boca Raton and Broward County 954.316.3496 info@vovalaw.com... Read Answer

       Your answer depends of the totality of the situation.  If there was a previous order entered that adjudicated an amount that you owe and that order is still in effect, then it is possible that any back support owed is still looming out there and any tax refund may be seized to satisfy this outstanding amount.    However, when you say the case was "closed" I cannot tell whether that was for further support or back support.  You might check with your local child support enforcement agency and ask them if you stiil owe any back support according to their records. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A Offices in Boca Raton and Broward County 954.316.3496 info@vovalaw.com    ... Read Answer

I am not sure how your gf's past matters in the child support hearng- as the only facts that matter in this hearing are the income of the parties and the amount of time the child spends with each parent. Where your gf's past migth matter is in the "custody" case if you are planning to bring one in court. Depending how far in the past and what it is exactly that your ex uncovered, it might not matter much anyway. Your ex would need to have the PI testify to what he/she uncovered. Your ex cannot just repeat what the PI told her- that is hearsay. Best of luck, Helena Y. Farber, Esq. www.farberlawpa.com... Read Answer

It depends. If the child support arrears already have been adjudicated by a court, then the number cannot be reduced. If they have not been adjudicated then you can negotiate with the Mother of the children and see if she would agree to reduce the amount. If he has not already, your son needs to move to modify the child support payments to come up with an affordable monthly payment. Best of Luck, Helena Y. Farber, Esq. www.farberlawpa.com... Read Answer

   Child support is designed to provide current support for children.  Therefore, a court would not pernit this, and if you do it on your own that will be nice for your kids, but you will still owe current support.     With that said, if your support is not going through Child Support Enforcement, and the child's mother agrees that your arrears may be paid by setting up a college fund, AND this is memorialized in writing, and then ratified by a court order, you may be able to do this.      This also applies to paying a lump sum for the arrears owed.  If the mother agrees you may be able to negotiate something less than the full amount due if all paid at one time, but again, it must be in writing and must be ratified by a court order.     Good 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

    It depends what was calculated for child support.  A proper calculation includes: the basic support, based on parties' net incomes and number of overnights; a percentage of  the child's health insurance and a percentage of the child's child care costs.    So, the child care portion may have already been computed into your child support number.   Courts usually require the filing of child support guidelines worksheets which break all this down.  If you have a court order for support, ask to see the guidelines and then you can see if the child care is also included.   Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322  ... Read Answer

Child support is calculated based on your gross income minus allowable deductions (taxes, health insurance costs, mandatory retirement contributions, and mandatory union contributions), to arrive at your net income. Your expenses are NOT taken into account. Therefore, going back to court will not be advantageous to you. See below link to FL Child Support Statute. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

You do not have an obligation to pay for her rent. You do have to pay child support. Make sure it is paid by check or money order and in the memo line you put “child support.” Keep a copy of all chased checks or money orders. Below is a link to the child support calculator to determine an amount.http://www.alllaw.com/calculators/childsupport/florida Also, since you and the mother of the child were never married, you are not legally considered the father of the child. The mother is sole legal custodian of the child. I suggest you file a Petition to Establish Paternity. You must file this document even if you signed the birth certificate. See link below. http://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf  http://www.flcourts.org/resources-and-services/court-improvement/family-courts/family-law-forms.stml Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Usually minimum wage is imputed to an unemployed parent. I suggest you pay child support by check or money order and specifically put “child support” in the memo line. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

Usually child support stops at 18 or 19, if child is still in high school with reasonable expectations of graduating by her 19th birthday. I would not simply assume it will automatically stop. To be safe, I suggest you file a motion to terminate child support. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

  If you properly filed a supplemental Petition for Modification of Child Support, you do have to have a process server or the sheriff serve DOR.  Whomever you hire will then have a return of service that must be filed with the court.  Thereafter, you should contact the judge in your case, and find out from the judge's assistant  when you can get a hearing, and ask for guidance in setting it.  many judges list their procedures to obtain hearings on line so you should check there first, Best of luck.  DOR is difficult to deal with.   Regards, Cindy S. Vova... Read Answer

You need to file a supplemental petition for modification of child support (see link below). Even if the child dropped out of school, you are still obligated to pay child support until the child turns 18. http://www.flcourts.org/core/fileparse.php/533/urlt/905b.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

You can pay off the arrears. Or you can contact the department of revenue to negotiate a deal. Many times if you offer some lump sum upfront, DOR would agree to let you get a passport. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

If you are current on your child support, the judge would not care how it is being paid as long it is being paid. If you are not current on your child support and have to come before the judge on a contempt motion and you have no job and made no efforts to obtain a job, the judge will make you take steps to obtain a job, like keeping logs and showing documents that you made attempts to obtain a job. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

The short answer is yes. Any child born during an intact marriage is considered the child of the Husband and the Husband is legally responsible for that child, which includes child support. You would need to petition the court to disestablish paternity and ideally at the same time the actual father should petition the court to establish paternity, as the court does not like to leave a child without a Father that can pay child support, so if the actual Father steps up to take your place the court is more likely to disestablish paternity without giving you any trouble. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer