Florida Child Support Legal Questions

If you are not married to the Father, all you can "receive" from him is child support and any unpaid child support for the past 24 months after you file a petition (if you and the Father did not reside together during that time). You can contact your local child support office (google it) and they can help you with it or you can file a Petition to Establish Paternity and Child Support. See link below to helpful forms. http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/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

You can file a Motion for Contempt. If you were previously represented by the Department of Revenue, you can ask them to file it for you. Please see link below to helpful forms. http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/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

I will assume that your "back" child support obligation is through the Department of Revenue Child Support Division. Therefore, for payments to be credited they need to be made through the child support depository.  Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

You can contact your local child support office (Department of Revenue Child Support Enforcement); they frequently handle cases on behalf of payees. As to the parenting plan, if it is court ordered or approved by the court and the Father does not exercise the timesharing specified in the parenting plan, you can modify the plan by filing a supplemental petition. See below a link to helpful forms. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/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

If she quits her job income would likely be imputed to her based on her prior income.  Your income would not be relevant.  You have a right to privacy as far as your income and could object to producing information regarding what you earn.  However, any expenses you pay on her behalf might be imputed to her as income.  For example, if you pay her car payment, the amount of the paymen could be imputed as income to her.... Read Answer

  If the payor parent has no connection with the state of FL and continues to reside in NC, FL cannot get jurisdiction over that parent. You can enforce non-payment of child support in NC without hiring an attorney. You have to contact your local (NC) child support office and ask them the proper office for you contact to begin an enforcement action.   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read Answer

      If the other parent takes you back to court because you are now making more money and she is making less, you can argue that she is voluntarily underemployed. Same rules apply to the payee parent as to the payor parent. However, you cannot just simply tell the court that she is voluntarily underemployed, you need to show the court through evidence that she voluntarily left a higher paying job and that right now a similar job is available to her. This is usually done through an expert witness called vocational expert, who examines the parent and makes a report.   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read Answer

Yes. If the parent was court ordered to do something and they have not done it, they are in contempt of the court order and you can "take them back to court." You would need to file a Motion for Contempt. See below a link for the form. http://www.flcourts.org/core/fileparse.php/533/urlt/960.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com    ... Read Answer

  Only your wife's income is considered for her child support case. The court would look at her paystubs, W2, and financial affidavit to figure out her income. Most likely the joint tax return will also need to be disclosed but your income should not be considered to calculate child support. The only way your income would come into play, if your Wife reduced her income after marriage and you pay all her bills (that's an oversimplified explanation of that).   Best of luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read Answer

Child support is calculating by using a formula which includes income of both parties, number of overnights spent with each parent, payment of health insurance and daycare for both children. If you make significantly more than your Wife, you might still owe her child support. Try this calculator to get an estimate number http://www.alllaw.com/calculators/childsupport/florida. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com  ... Read Answer

   Child support in Florida is goverend by statutorily prescribed child support guidelines, based on two main factors: each parent's net income (after deduction of taxes andhealth insurance) and the number of overnights each parent has with the child.  Additional factors are the amounts paid and by whom of the children's insurance as well as any child care.    So, I am guessing that the amount the parties came up with was below statory guidelines.  Shame on the attorney as he/she should have know this.   Perhaps your grandson could contact the attorney and revise the guidelines putting in more time that the father will have with the child.   The threshold to reduce straight child support is 78 overnights.    One typically does not get a credit for "after born" children.      This is again one of the reasons that legal advice in these situations is so important. Understanding that legal advice is not inexpensive, one must weigh the initial cost with the afterwards consequences of not having it into the future.  It is now much more difficult, if not impossible to change something  after it is entered.   Good luck, Cindy Vova Law Office of CIndy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496  ... Read Answer

  Procedurally, the party requesting support must prove what she is paying.  But to  be prepared you can: 1.  Subpoena the day care for the information you need, or  2.  File a request to produce to the mother asking for the documents you need. You may be able to search the Internet for guidance in the preparation of these documents as the details involved exceeds an answer in this response.  Best of luck,  Cindy S. Vova Law office of Cindy S. Vova, P. A. 8551  W. Sunrise Boulevard Blvd.  Plantation, Florida  954-316-3496 info@vovalaw.com  ... Read Answer

To modify your timesharing and your child support obligation, you must file a supplemental petition for modification of timesharing and child support.  This reopens the case and it then proceeds like any other lawsuit in family court.  A modification of timesharing and/or child support can only occur if it is alleged and proven that an unanticipated and involuntary substantial and material change of circumstances has occurred since entry of the last timesharing and child support order which affects the best interest of the children.  Certainly, a change in the timesharing arrangements would qualify.  However, it is possible that even though you have the children the far majority of the overnights, you still may have to pay some child support if your income is substantially higher than the other parent's income.  This is because child support is based primarily on (1) how many overnights each parent has with the children, and (2) the relative incomes of the parties. It is the interplay between these two factors that determines each parent's child support obligation to the other.... Read Answer

     It depends.  Do you receive it because the other parent who pays you child support receives social security?  Is it because YOU receive social security?   Is it because the child has a disability and gets social security which you received because you are the parent with whom the child spends the most time?    Ah, questions, questions... we lawyers do ask a lot of them.  However, as my late great property professor said a lifetime ago..."the facts do make a difference in each case."    So, given that I do not have ALL of the facts, here's the summary:   If either parent receives social security and, as a result, the child receives social security, then the amount received by the child is added to the income of the parent who receives social security him/her self.  Then child support is computed based on each party's net income, and the other factors as prescribed under Florida law.  If the child support calculation show that the parent who receeives his/her own social security benefits is greater than what the child receives, then the parent who would ordinarly pay, pays the difference bewteen the support the child receives, and what that parent should be paying.  HOWEVER, if the child support under Florida guidelines is LESS than what the chld receives through social security, the parent owes no more to the other parent.  Note, he/she does not get a refund!   So. for an example.  If the child receives $600 per month from social security benefits as a result of the parent receiving social security, and child support under guidelines iss $700, the paying parent owes $100 per month.  If, under the same example, child support is only $500 per month, the payor owes no more, but does not get a credit.   Now, on the other side, if the child receives his/her own social security benefits as a result of the child's disability, this is not factored into either parent's income and  the payor parent pays based on his/her income without any regard to what the child receives.   Hope this helps! Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., SUite 301 Plantation, FL 33322 info @vovalaw.com 954-316-3496    ... Read Answer

  You most certainly can pay off support early.  However (don't you always hate the "however") you ask if you can pay it through the "court."  If you have been paying through the Court Depository, then you should continue to do so, but if you are payiing "ahead" make sure you specify so on the check.  I am assuming that you do not have an Income WIthholding Order, where the support is taken directly from your pay, because if you do, then do not pay it off early, as it will continue to come out of your pay and you'lll have paid double.    Now, if you typically pay the support directly to your child's other parent, then if you do pay this off early, make sure you write it is for the months of (next four months) and also indicate "final payment."   Here's the other caveat.  Make sure your support order, settlement agreement or whatever legal document requires payment of child support, positively state that the support ends at 18.  Sometime it says until the child graduates high school, or turns 18, whichever is later, provided there is a reasonable expectation the child will graduate before age 19.  You make think 18 is the magic button, but depending on the language in your support order or agreement it may not be so.   Best of luck to you, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496      ... Read Answer

  Unless you have a paper record indicating these payments to be child support payments, the answer will most likely be no. It will be even more likely a no, if you are directed to pay through a state depository and have not been doing so. If you must give payments directly to the mother/child, do so via money order or check and indicate in the memo field that it is for "child support" and save copies of same for your records.   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.  ... Read Answer

Hello.  An argument can be made that he is underemployed intentionally.  It wouldn't be a stretch for the Judge to make that conclusion.  Introducing past records/tax returns would prove your opinion.  It's not unusual for people to prepare for years to get divorced, transferring assets and other things.  I have been practicing law in the family/divorce area for over 25 years, and am your best choice when you decide to hire an attorney.  That is, of course, assuming you live in Orange or Osceola counties, as that's where my office is.  My email is readinglaw@hotmail.  Please feel free to contact me if you would like to schedule a consultation. Alecia Reading, Esq. 407-518-5508   ... Read Answer

  The court will not allow the father to have his parental rights terminated if there is not an adopting parent to "replace" him and pick up the financial responsibility, unless, DCF terminates his rights due to abuse, neglect, or abandonment.   As to the child support, I assume Department of Revenue (DOR) Child Support Enforcement Division has brought a case against the Father and he is, or was paying child support. You can check with them regarding arrears. If he is not paying child support you need to contact your local DOR office.   If the father takes you to court to get time with the child, you definitely should alert the court that it would not be in the child's best interest to just push the child into the relationship with the father, as the father has not been present in the child's life.   Best of Luck,   Helena Y. Farber ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.  ... Read Answer

  I would need a lot more information to answer your questions. I am assuming you are now divorced. What does your final judgment of divorce/parenting plan says about relocation and timesharing with the child? How long has your Wife and child been in another state?   Depending on the above, you might be able to file Motion for civil contempt and/or return of child(ren) or Emergency Pick up Order. See link below to forms.   http://www.flcourts.org/resources-and-services/court-improvement/family-courts/family-law-forms.stml#940   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read Answer

If he was arrestd on a child support warrant for your child, then there must be an existing child support order or an existing child support case pending against him.  Typically, the Florida Department of Revenue, Child Support Division, will handle these cases on your behalf.  If paternity has not yet been established and he wants a DNA test, the court will allow it at his expense.  You should contact the Florida Department of Revenue, Child Support Division.... Read Answer

The affidavit the Department of Revenue (DOR) sent you is called a financial affidavit, make sure it accurately reflects your income, as that is the income that will be used to calculate your child support. If it does not, you need to fill out and mail to DOR a new affidavit. See link below. http://www.flcourts.org/core/fileparse.php/293/urlt/902b.pdf You also need to make sure that DOR has copies of all the payments of child support you have made so you receive credit for same. Make copies of all the moneygrams and along with a cover letter mail to the DOR attorney (look at the signature block of any documents that have been mailed to you for mailing information). Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer