Florida Child Support Legal Questions

   I assume "your case"  was a divorce.  If so, you do not state whether  you were awarded any alimony in the divorce.  If you were not awarded alimony, and you waived your rights to alimony, then most likely you cannot go back and seek alimony now.    If, on the other hand, you were awarded alimony, and the judgment (or agreement) did not state that it cannot be modified, then you may have a chance to go back and ask for a modification.    Again, because I do not have the specifics of your case, I am making educated guesses.  The best thing to do is read the agreement carefully and look for these key words.  If there is waiver langauge in the agreement then you are probably out of luck.   An attorney could best advise you if you are unsure after reviewing the judgment and before you give up. Best of luck, Cindy S. 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 need to file a Supplemental Petition for Modification of Child Support. This Petition needs to be filed in the same court from which you received the Final Judgment. The Petition needs to be served on the Mother of your child, along with the Petition you must file/serve a Financial Affidavit. Best of Luck, Helena Y. Farber, Esq. Associate Attorney Law Offices of Cindy S. Vova, P.A. Pine Island Commons 8551 West Sunrise Boulevard Suite 301 Plantation, FL 33322 954-316-3496 (office) www.vovalaw.com info@vovalaw.com... Read Answer

  Run, do not walk, to the local child support enforcement office....That is a lot of arrears, so I am guessing that this has accumulated over a lengthy period of time.  As such, it is going to take a lot longer to get this repaid, especially since I am guessing this deadbeat parent does not have an extra $80,000 laying around in a sock drawer.    Although you can hire a private attorney, support enforcement does not charge for the legal services.  If you believe the parent has significant hidden assets somewhere that can be attached and liquidated to pay the arrears, then you should consult with a private attorney. Absent that,  Support  Enforcement can get the court to impose some nice penalties for non-payment, like revoking one's driver's license and passport as well as ensuring that any tax  refund the parent in arrears is entitled to is seized and applied to the arrears.   I wish you the best of 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

  First, it would depend what the judgment/order for support says.  If it required him to pay medical insurance then you could pursue recovery for same if he has not paid it.  However, as to basic child support itself,  it is a little late to try and modify support now since your child is close to 18 and child support ends then (unless your order said it continued until the child graduated high school or turned 18, whichever comes later).    On the other hand, if the father filed a fraudulent financial affidavit, you can pursue taking him back to court and if you can prove the fraud then the court can set aside the prior child support amount and order him to pay what he should have paid to begin with.  Going through this process, however, is a time consuming procedure, and, as such, will be costly if you hire private counsel.   You can request that the state  investigate this matter, but the system is so overburdened it is unlikely to happen.     Sometimes it is just better to move on.  It is unfortunate that this father did not take more interest in his child, but I am sure you have made up for it. Best wishes, 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

   I assume you mean that you were on a note and mortgage for a property that you gave up your interest in by signing a quit claim deed at the time of divorce.  With that assumption, you do need to check with the lender to see if you signed the note, because that is really the only instrument that you have a legal obligation to repay (the debt).  If you only signed the mortgage, you have no obligation to repay anything.  It only served as putting up the property as collateral if the debt (note) is not paid.  And since you don't own the property anymore, who cares.   Now, to answer your question, if you are on the note, then it would be debt that you are still legally obligated to pay.  If your ex does not pay, then the lender can sue you.  Hopefully there was an indemnification provision in your divorce agreement, whereby if the lender comes after you, you can sue your ex.  Of course, if he's not paying then it probably won't do much good. Hope this helped. Best wishes, 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 say you overpaid, but you do not say how this occurred?  You would have to petition the court to have the overpayment returned.  But be cautious, however.  What you think was an overpayment may not be viewed so in the Court's eyes.  There are a myriad of circumstances that a lay person may perceive as an overpayment that may not be viewed as such by the court.  Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 333224 954-316-3496 info@vovalaw.com  ... Read Answer

   Unfortunately, that is anyone's guess.  Your best bet is to contact the actual attorney who is representing the agency.  Do keep in mind that it is a long process, and those attorneys who handle these cases are totally overloaded, so it is difficult to get the same expediency you would receive  employing private counsel.  There are, however, remedies for non-payment these attorneys can obtain that are much more difficult for private counsel.     Jus remember, the squeaky wheel gets the oil.   Good luck, Cindy S. 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

   Typically, if you receive Social Security disability payments, your child should also receive a payment from Social Security as well.  Although this payment to the child does not remove your requirement to pay support, you do get a credit for the amount the child receives on your behalf. This rule was established by the First District Court of Appeals in Williams v. Williams, 560 So. 2d 308 (Fla. 1st DCA 1990).  Therefore, if  the Florida Child Support Guidelines, using your disability payment as your income (and assuming it is your only income) states you owe $200 per month for support, if the child receives $300 from social security, you will not owe anything directly from your disability income.      Check with Social Security and make sure your child is getting the benefits the child is entitled to directly from Social Security.   Best of Luck, Cindy S. 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

  Congratulations on the twins...not on the cost of child care.  Most likely the Court would consider your husband's reduction to part time as voluntary, and thus, not grounds for modification of child support.    As the law presently stands, the court does not consider "after born" children, particularly of a couple that is married, and where there is no court order to pay support for your two new babies, grounds to modify existing child support for the other children. 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

   Hopefully you obtained an Income Withholding Order when the Court entered the Judgment for child support.  An Income Withholding Order is directed to the father's employer, and requires the employer to take the child support out of the father's paycheck.  That way he has no choice in the matter.    if an income Withholding Order  was not entered, you can request the court to do so now.  Once you obtain the order, make sure you send a certified copy by Certified mail to  the father's employer. 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

 In order to obtain child support for your baby you first need to establish paternity of the father. You can put the man's name on the birth certificate, but unless paternity is established by court order the name on the birth certificate does nothing.  The rationale is that a woman can put any name as the father and that is not conclusive of paternity. I suggest that you contact the Department of Revenue, Child Support Enforcement office in the county where you live.  They can assist you there in filing the action to establish paternity and obtain child support.  Even though the baby is not yet born I suggest you contact them immediately as there is often a backlog at those offices. Good luck to you and your baby. 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

      The answer is, it depends.  Child support is a product of several factors: first the number of days that the child spends with the parent and second the net incomes of both parents.  Under your scenario, it appears that there would be one child with each parent.  Depending on where you live in Florida,different district apply different formulas in computing what is called a "split parenting" analysis of child support.      I have been on a committee of the Family Law Section of the Florida Bar addressing this issue for several years, and we still can't reach a full consensus to submit for potential adoption by statute.    Before you get to the issue of child support, please make sure you get a written agreement if the parenting plan is changing so that one child is legally permitted to come and live with you. Best of luck, Cindy S. 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

     I am sorry to hear about your situation.   It is difficult enough to lose a job, but now you have to head to court to get a modification of your support obligation.    You can find the various forms necessary for modification at the following website:    http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml#940      Thereafter, look for form 12.905(b), Supplemental Petition for Modification of Child Support. The forms provide detailed instructions to assist you. Make sure  before you go to court that you have a lot of proof that you were unable to get a job paying the same as you made before....in other words to prove that you are not voluntarily underemployed.    If you get stuck in the process, you might benefit from a short consultation with an experienced family law attorney who can help guide you. You should do this soon so you can also deal with the arrearages you owe and work out a repayment schedule before the child support recipient tries to have you held in contempt of court. Good 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

Child support is based on the Florida Child Support guidelines worksheet and takes into account (1) the net monthly income of both parties,(2) health insurance, (3) day care expenses, and (4) the time sharing arrangement.  A computer program calculates the support using the above figures.  As such it is not possible to state whether $350 is an appropriate amount. You can find information about the child support guidelines online.... Read Answer

The short answer it NO, you cannot get a DNA test after a divorce in which the court issued a final judgment. The time to ask for a DNA test is prior to the divorce and even then, it is a difficult, if not impossible task. When children are born and you sign a birth certificate there is a legal presumption that you are the father, even if the wife had an affair, children born during a marriage are those of the husband.  There is a process by which you can file a petition to disestablish paternity but I would not hold out any hopes that you could do that now.... Read Answer

Mr. Alvarez,    It sounds like you have grounds for a few things.  First, I am going under the assumption that  your parenting plan gave both parents shared parental responsibility.  That means she can't unilaterally pull children out of a program because she is "angry at you."  You could ask the court to enforce that part of your agreement.  Unless there is some other compelling reason, you have good grounds (no cost) to have the children return to that program.     Second, as to modification of child support based on insurance premiums, it would depend what "significantly" means.  Under Florida Statute 61.30(1)(b) modification of child support must result in a change of at least $50 or 15% from the current amount you are paying under the child support guidelines.  That can only be estimated if you have the current income of both parties.     It would probably pay for you to have a consultation with an attorney to see if a modification is worthwhile as well as what action you should take to enforce the shared parental responsibility issue. Best of  luck, Cindy S. 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

    Your ex's disability is considered part of that person's income.  If your child receives disability as a result of the parent's disability (as opposed to the child's own disability) then child support is determined as follows:   The ex's income (and your income) are used to determine child support; The case of Sealander v Sealander, 789 So.2d 401 (Fla 4th DCA 2001) answered this question. THe holding interprets the law as follows. If the ex has a support obligation under the guidelines;from that obligation, the amount the child receives is deducted If the ex still owes money, then that is the support that would be paid to you.   For example, if the ex's obligation for support is $200 per month under the Florida child support guidelines, and your child receives $100.00, then the ex still owes $100.00  On the other hand, if the obligation is $200.00, and the child receives $300.00, the ex owes nothing (nor does the ex get the extra $100 back.) You might want to consult with an attorney to help you figure out the guidelines and the applicable credit.  It is certainly worth exploring as your child may be entitled to money that is not received at present.   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

You are not responsible for your fiance/husband's child support obligation and they cannot put a lien on your property.  I would recommend that you keep your finances separate, such as separate bank accounts, separate vehicle titles, etc.  His child support obligation is not your child support obligation and they cannot come after you for payments or arrears.... Read Answer

Child support must be determined by a court order.  As such, any outside agreements,  or text messages have no legal effect. As for a child deciding where to live, that wont happen until the child is age 18, there is no age in Florida where a child gets to make that decision.... Read Answer

Dept of Revenue (DOR) support cases do not deal with visitation or custody issues. These type of cases can only address child support related issues.  If your fiance was paying child support, it was the result of a court order.  If the DOR is now pursing him, most likely it is for back child support.  When it comes to a child support order, either you paid the support or you didn't.  If you cannot afford the ordered support amount, then you must file a supplemental petition for modification and ask the court to modify your support.  No modifications can be made until a court rules on a petition for modification, and any changes cannot be retroactive any farther back than the date the petition for modification is filed. If he wants visitation, he will have to file a petition for visitation against the mother directly and litigate that in family court, DOR lacks jurisdiction to deal with visitation or custody issues. ... Read Answer

   Generally, the Court can go back up to 24 months prior to the date of the filing for dissolution of marriage.  See:Florida Statute 61.30(17), which is set forth below:  In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition.    Therefore, according to your facts, the Court could go back to February 2012.  Keep in mind, however, that unless the payor has savings to pay the retroactive support, typically the court will determine the entire retroactive amount, and then add on 20% of the current obligation to that obligation as a repayment schedule.  Interest can be added as well.    Since sometimes it takes a while to get to a final judgment, I would suggest you ask the court for temporary child support now while the action is pending so you start to get some contribution from the other parent to raising your children.    Best of luck to you. Cindy S. Vova Law Office of Cindy S. Vova, P.A. Plantation, FL 954-316-3496 info@vovalaw.com... Read Answer

      You mention your "partner."  Since you say"our child,"  and are you living with this person? Also, you ask if you can receive "financial help" for your child.  Do you mean help from the government or help from the other parent?  You also say you are working.  Since your question is unclear, I will answer the best I can without the additional information.     Generally, if you are living with the other parent you cannot go to court to get child support for the child.  If you are not living with the other parent you can go to whatever agency handles child support in your county (generally, the Department of Revenue) and they will file an action for you to get child support.  Child support is generally calculated on the net income of both parties, taking into account the number of overnights each parent has with the child.  If the other parent is not working, the courts generally impute minimum wage, although the income for  a previous job your partner had may also be imputed.     If you are asking solely about government benefits you may be entitled to receive, I suggest you just check on this yourself as there are many criteria for qualifying for same, and the agency doling out the benefits would best be able to answer these questions. Cindy Vova Law Office of Cindy S. Vova, P.A. 954-316-3496 info @vovalaw.com... Read Answer

    Push the easy button.  Where was the original Child Support judgment entered?  Go to that county.  Although there are instances where the case might be filed in your current county, this is a more direct route and you won't spend a lot of wasted time dealing with matters that are not the real issue.      Keep in mind, however, that there has to be a substantial change in either or both party's income to modify support.  Adding children to a new marriage alone does not justify a reduction in child support. Good luck, Cindy Vova Law Office of Cindy S. Vova, P.A. Plantation, FL 33322 954-316-3496 info@vovalaw.com... Read Answer