Florida Child Support Legal Questions

You can reach an agreement with the Mother to reduce support. However, you need to let the court know about this agreement. Otherwise, the court's records will show that you are in arrears. I suggest that you file a supplemental petition for modification of child support (see link)- http://www.flcourts.org/core/fileparse.php/533/urlt/905b.pdf. Thereafter, based on the both parties incomes and overnights, the court will recalculate child support. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Depends what you are trying to accomplish. I am assuming you want to modify your child support. You would need to question your ex husband on the record where the child has been residing. Most likely he will lie, so it would be a good idea to subpoena his parents to question them on the record whether the child has been living with them (they could lie as well). Your last resort is to have your daughter testify. However, for that you need to obtain permission of the court. The judges are reluctant to have minors testify in these type of proceedings. Best of Luck, Helena Y. Farber ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

If there is nothing mentioned in the court orders regarding payment of these type of expenses, than usually child support paid by the parent should be used to cover these sort of expenses for the child. I do not believe a judge would order the parent to pay expenses like car insurance, which is above and beyond "normal" child support payment. Best of luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

If there is a court order addressing the issue of child support, then you will need to seek a modification of that court order through the court system.  If there is no court order addressing the issue of child support, then you can probably contact child support services for assistance in getting child support established.  A waiver of child support is generally not enforceable because it is usually against the best interests of the child and against public policy.  ... Read Answer

If your child is 13 months old, and you in good faith are working full time and going to school full time to better your future income prospects for the benefit of you and your child, it is unlikely that a judge is going to hold it against you that you could be making more.  It is also unlikely that the father will get anywhere with the argument that the child is being watched by a family member, when the family member is your mother with whom you live and she watches the child at night when you go to school.  That being said, the father has a lawyer and you are at a severe disadvantage without a lawyer.  The lawyer can potentially raise issues of fact or law that you didn't know or even think about, frustrating your ability to obtain, protect, and enforce an award of an appropriate level of child support under the facts and law of your case.  You should at least consult with a lawyer.  Many times the lawyer can request that the court grant you an award of attorney's fees from the father, so you can litigate these issues on a level playing field with the father.  Such awards are primarily based on your need for fees, and his ability to pay or contribute to your fees.... Read Answer

There is really no way to "stop" the Father from seeking 50/50 timesharing arrangement. However, just because he asked for it in his court documents does not mean the court will award it to him. You need to file a response to his request, and include facts that point against him having 50/50, like the fact that you breastfeeding, or that his work schedule will not allow for it, or that he has not been involved with the child up to this point, or any other issues that might be relevant towards his fathering abilities. Below is the link to a FL statute that the judge uses to come up with a timesharing schedule. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html Before the case goes to "trial" in front of the judge, you and the father must attend a mediation.  Before the mediation, come up with a timesharing schedule that you think is fair and in the best interest of your child. You might do something called a "graduated" schedule, where you have a different timesharing schedule as the child gets older. You might be able to work something out with the Father. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

If the parties cannot agreed at mediation, the case will proceed to final hearing in front of the judge, who will make a ruling. A final hearing is a trial, but not like a trial you see on TV, there are no jurors. However, in mediation you can agree as to some aspects of the case, and only leave for the judge to decide the issue(s) you cannot agreed on, it is not an all or nothing situation. If the only issue is child support, there is really nothing to "agree" about, as it is calculated via formula, taking father's and mother's income, number of overnights spent with each parent, daycare expense, and health insurance expense. See link below for child support calculations. http://floridachildsupportcalculator.com/wp-content/FloridaChildSupportCalculatorZ/FloridaChildSupportCalculatorZ.php 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 with the court a Notice of Voluntary Dismissal. However, if the other party filed a counter-petition you cannot dismiss the case unless the other party also signs the notice of the voluntary dismissal. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

With the facts you gave me above, she would have to pay you approximately $432 per month in child support. Part of the child support calculation is also health insurance and day care costs. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

I am not sure what you mean by a confirmed order? I think what you want is a Final Judgment of Paternity. Call the judge's judicial assistant and ask for him/her to set the case of a final hearing. Depending on what kind of case this is, at this hearing the court will issue a final judgment establishing that the father as the legal father of the child, establish a parenting plan, and calculate child support. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Yes.  If there is a substantial and material change in financial circumstances, you can generally modify child support.  Going from unemployed to employed would constitute such a change, if the child support amount was previously based on his unemployment.  You should file a supplemental petition for modification of child support.  If granted, it generally would be retroactive to the date of filing.  ... Read Answer

If the children spend significant amount of time (not the usual babysitting while parent is at work type) with another person and not the "custodial" parent, the child support should not be accruing for that period of time. However, there is some case law that states if the custodial parent is giving money (for the children's expenses) to the individual who has the children than the other parent might still be responsible for child support. You should definitely bring up this fact if you get the opportunity to be in front of the judge and in your responsive pleadings. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Both parents of a separated family unit have a responsibility and are required to contribute to the support of their children to the extent that they are financially able.  The law makes no distinction between mothers and fathers.  Also, a parent cannot voluntarily remain unemployed or underemployed and then claim that they are without financial means to contribute to their children's support.  The main factors in determining the amount of child support to be paid are the parent's income and the amount of timesharing that the parent will have.  This being said, parents may agree that a parent's contributions to the support of their children will be provided in ways other than by child support payments from one parent to the other -- as long as the best interests of the children are not jeopardized.   ... Read Answer

The Father is allowed to deduction from his income any previous child support orders before the court arrives at this net income to be used for calculating child support. Therefore, if he has a previous child support order his income will be reduced. Please see below link to the child support statute. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S.Vova, P.A. www.vovalaw.com... Read Answer

Legally you are obligated to pay child support until the child turns 18, some previous child support order would also state 18 or when child graduates high school. However, your settlement agreement and/or final judgment might obligate you to pay child support until 21, you have to check on that. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S.Vova, P.A. www.vovalaw.com... Read Answer

It is not completely clear whether the Mother filed to Establish Paternity and Child Support or if the Department of Revenue is initiating a child support case. If it is the first scenario-see form: http://www.flcourts.org/core/fileparse.php/533/urlt/983c.pdf If it is the second scenario, you need to file an answer to their Petition and request a DNA test. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You have 10 days from the date of the general magistrate's recommendations to file exceptions to said recommendations. You need to file them with the court and mail a copy of the document to your ex-husband. Then you need to contact the court to schedule a hearing in front of the judge (not the magistrate) on your exceptions, you must notify your ex-husband of this hearing in writing. Unfortunately, there are no "forms" for exceptions. Just describe the income issue in details, and put down what you beleive your income should be. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Your ex does not have an affirmative duty to disclose his finances to you just because he is currently paying child support and you suspect he is making more money. However, if you file a Supplemental Petition for Modification of Child Support (see form below), then he and you have an affirmative duty to exchange financial information (financial affidavit, paystubs, last 3 years of tax returns, etc.). http://www.flcourts.org/core/fileparse.php/533/urlt/905b.pdf http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml To file for modification of child support, there must a substantial change in circumstances. "(b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances." Florida Statute 61.30 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

Your best bet is to go to your local child support office and ask for the Attorney General (they have a child support enforcement division) to file a contempt case against the Father. They have many powers, like suspending his driver's license, garnishing his tax return, and eventually putting him in jail. If he has a job where he receives a paycheck, the child support amount can be directly taken out of his paycheck (it is called an Income Withholding Order). Otherwise, you need to file a motion for contempt and set it for a hearing. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

It depends on each judge's rules. For example, Judge Goldenberg does require a mediation before any temporary relief motions can be heard. You can call the judge's judicial assistant to find out. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

No, the other parent cannot deny you timesharing because you have not been paying child support. Child support and timesharing are not connected. However, if your job situation persists you might want to consider modifying child support. If you have a court order allowing you time with you child, you can file a motion for contempt/compel compliance with the court order, and ask the court for to make up the timesharing you missed. Best of Luck, Helena Y. Farber ~Associate Attorney ~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

To modify child support you need to file a Supplemental Petition for Modification in the court where the case was originally adjudicated. See sample form below: http://www.flcourts.org/core/fileparse.php/533/urlt/905b.pdf Best of Luck, Helena Y. Farber ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

  If the child support was previously established via Marital Settlement Agreement and ratified by the court with an entry of a Final Judgment, than either you or your ex would need to file a Supplemental Petition for Modification of Child Support. The basis for modification a previously established child support amount is substantial change in circumstances and such change must be permanent. Once, the modification petition is filed with the court the parties must exchange financial information by filing a financial affidavit. Thereby, you would be able to "discover" what his current income is. The timesharing aspect is taken into account, meaning, the fewer overnights he has, the more he has to pay in child support. The Autistic factor is figured into child support calculations if there are substantial out of pocket medical expenses, including the expense of paying for health insurance for the child. If you are both in agreement to modify child support, the Final Judgment can be modified to reflect same. This document would need to be ratified by the court. I would definitely recommend consulting an attorney because you want to make sure that you have the opportunity to know what his income is and to make sure if the child support is modified that it is memorialized by the court so said judgment can be later enforced in case the Father stops paying support. Some helpful forms can be located at: 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 Offices of Cindy S. Vova, P.A. 954-316-3496 www.vovalaw.com... Read Answer