Florida Child Support Legal Questions

      Did you file for child support through the state?  If so, should your daughter's father wish to assert his "rights" (and I assume you mean having time with your daughter) he would have to file a separate lawsuit asking for the court to determine parental responsibility and time sharing.  If you filed for child support yourself or through a private attorney, then the father could assert a Counterpetition in the same lawsuit.  Either way, considering that the father has taken no interest in your daughter for the past 16 years, it is unlikely he will do so now.        Moreover, the court must consider the best interest of the child.  Given that your daughter is 16, and YOU probably don't see her that much if she is as social as most 16 year olds, it is unlikely that the court would give the father any significant time sharing with her anyways.  At best we are talking about less than two years, when your daughter turns 18, and the court no longer has jurisdiction, so I wouldn't worry. If she chooses to have  a relationship with him after that point, then it is up to her. On another note, from the day you file for support, the court can only award retroactive support for two years (24 months) prior to that date and then forward until your daughter graduates high school, or turns 18, whichever is later, provided there is a reasonable expectation she graduates before age 19.  Too bad you didn't do this 16 years ago.  I know it is expensive to raise a child and he should have shared more of the burden.... Read More

Jimmy You are better off getting an attorney to deal with this problem.  However, if you want to do it yourself, you have to appear live at the hearing.  If the notice to produce requests that you produce documents at the hearing than you have to do that.  You cannot respond by mail. As an alternative, you might want to call the judge and ask if you can appear by telephone but that is up to the judge.  If the judge does not allow that, than you have to be in court for the hearing and bad things will happen if you don't show up. Jay Levy... Read More

In most cases and unless your son has special needs as defined by Florida Statute, child support will terminate when the child turns 18, ie, emancipates, or is still in high school and actively pursuing his/her high school degree. Sound like in your case neither of these things are occurring and you should be filing a motion to terminate your child support with the court. You may be entitled to a credit from the other parent for all payments made since your 18 year old dropped out of high schoool.... Read More

Your new salary is used in the calculation of two components in a divorce, ie, child support and spousal support. Your question is not specific on what it is your H is trying to use your new income to achieve and the answer may vary based thereon. Child support is calculated by using your combined net monthly income and applying the statutory formula. For child support, your current income is used regardless of how you have risen to the current level of income or the debt attached to that rise. The loans incurred for your education, although in your name alone, may be considered marital debt if incurred during the marriage. The argument is that your H ought not be able to benefit from the reduction he will have to pay in child support by virtue of your increased income and at the same time, saddle you with all the debt you incurred to better your income. The same argument can be made if he is now seeking alimony from you or is arguing that your alimony should be lower due to your lower "need" due to your increased income.          ... Read More

In Ohio, a mother can ask the court for you to pay back child support from the date of your child's birth.  The mom can also ask to be compensated for medical bills with regard to the pregnancy.  However, whether or not the court grants such relief is another issue.  I do not know what is allowed in Florida.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

Your current husband's wages cannot be garnished unless he signed an agreement to pay the back child support.  Even if he made an oral promise to do so, it would not generally be enforceable, as it would be barred by the statute of frauds.  Your husband is not responsible for your debts that do not arise out of the operation of your household.  ... Read More