Florida Child Support Legal Questions

Child support is based on a monthly guideline calculation,  but it can be paid weekly or biweekly or bi monthly depending on the payors pay period.  It wont change the amount if it is paid monthly, weekly or bi weekly.  There is a standard formula to calculate the payment. For example if you are paid biweekly  then you multiply the monthly amount by 12 then divide by 26 to arrive at a biweekly. If you want to pay weekly, then you multiply the monthly by 12 and divide by 52.  If you are paid bi monthly (twice a month) then you can simply divide the monthly amount by 2.   What you cannot do is calculate a biweekly payment by dividing the monthly payment by 2, and you cannot calculate a weekly payment simply by dividing the monthly by 4 as that ignores the fact that some months have 5 weeks. ... Read More

Unfortunately, you are missing a few facts necessary to answer this.  But, if your ex girlfriend already had an order you to pay back support, then it can be converted into a judgment.  However, usually the monthly payments of support end when a child, in Florida graduates high school or turns 18, whichever later occurs.  You say the child is 33, so unless there was a reason that child support was extended, besides interest that might accrue, the support was not increasing. Now, with regards to your ex actually collecting the money from you if a judgment is entered, if you do not earn anything, it is pretty hard to collect. i hope I answered chat I think is your question. Cindy Vova Law Office of Cindy S. Vova, P.A. Plantation, FL 954-316-3496 info@vovalaw.com    ... Read More

  What your boss did is illegal!  It is unlawful to fire an individual because the person is subject to an income withholding order.  You should seek assistance from an employment attorney regarding this.  However, Florida is an "employment at will" state, and it is likely your employer will say he fired you for another reason..  Nonetheless, you should follow up on this. That two payroll checks bounced is illegal under any circumstances.   Now, as to your "missing" support payments, you need to show proof that the employer withheld the funds from your pay.  It is often difficult to actually speak with someone from the Florida Department of Revenue.  You should write detailed corresponce, including the proof that the funds were withheld, and send the correspondence and proof by certified mail to the Department of Revenue.  Calling every day may help too.  Still, the bottom line is you will owe the support.   I suggest you start paying now directly through support enforcement (until you get a new job) and keep proof of the monies you did not receive from your 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 More

  Yes, the father still has a child support obligation.  Just get in touch with the Department of Revenue, and the agency that handles child support will pursue the case for you.  The amount that the father has to pay is based on his income (including SSI), your income and the number of overnights the child has per year with the father.     There are formulas to make these calculations as to the amount, but DOR will take care of this.  It is expensive to raise a child.  Even though with the father's limited income you won't be getting a lot of support, every bit helps. Good luck to you. 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 More

I am assuming by the nature of your question that you were never married to the mother, and that there have never been any court orders regarding child support or visitation.  If that is the case, you would need to file a legal proceeding in Florida (since the child resides in Florida) to establish your paternity, timesharing and other parental rights, and child support.  The court will certainly give appropriate consideration to the fact that the mother is voluntarily unemployed.  In the meantime, you should be retaining all records of payments you have made to the mother for the support of the child, as well as records of expenses you have paid on the child's behalf.  Otherwise, you could get hit for child support going back back for up to two years.... Read More

A petition to modify the child support obligation must be filed with the court.  Then financial discovery takes place, a mediation, and ultimately, if necessary, an evidentiary hearing in which the court will rule whether, and to what degree, you may reduce your child support obligation. It is very important to get the petition filed right away because the arrearage will continue to accrue, and you will owe the underpaid child support, until the date the petition is filed. ... Read More

Generally speaking, a father cannot get out of, or reduce, his child support obligation by just quitting a good paying job and moving to a place where he has no job or a lesser paying job.  Sometimes it might be allowed if the overall plan serves the best interests of the children over the long term.  That doesn't seem to be the situation in your case.   There is a provision in Florida law that allows you to seek an injunction, seize his property or accounts, require him to post a bond, or to secure any other order that might be necessary to secure the continuation of his child support payments if he is about to remove himself or his property out of state.  This is an area of the law where you would be best served by consulting in more depth with an attorney. ... Read More

  The law in Florida states that child support is paid until a child turns 18 or graduates from high school, which ever first occurs, provided the child has a reasonable expectation of graduating before his/her 19th birthday, or the child emancipates, marries or joins the military.  If your final judgment was entered in another state, and then you moved to Florida, the law from the other state may be different and would likely govern. There are exceptions if the child has, for example, special needs, whereby the child cannot become self supporting.  HOWEVER, if your marital settlement agreement does not make any reference to child support "stepping down" as each of your children met the above criteria, you could be paying until your  obligation for the 13 year old terminates.  In the past few years the law changed to provide that final judgments/settlements, must calculate the anticipated date that each child will no longer be eligible for support and the "stepped down" amount of support.   That helps eliminate problems like you now seem to have. I would suggest that you have your settlement/final judgment reviewed by an attorney.  There may be a way to get your support reduced by petitioning the court, but without fully reviewing the language it would premature to reach a conclusion. Best of luck to you. 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 More

If you hire an attorney, they will likely retain the services of a private investigator to assist in finding the Father and serving him with the necessary papers.  Once the Father is found, the Court could can compel him to submit to DNA testing.  However, the DNA testing may not be necessary.  Is he on the birth certificate and held himself out to be the father of the child for example.  Ulitmately the Department of Revenue may not have the resources to actively track down this individual.  A privately hired attorney could put specific effort towards this issue.... Read More

A motion to compel is a request to the Court that the other party be forced to file his financial affidavit.  There are already rules stating that he/she must do so.  However, this Motion would be an attempt to make the court aware that the other party is not doing what they are supposed to do.  The court would set a short time frame for the production of this document and any other documents that you have requested from the other side.  Additionally, you can ask that the Court award attorney's fees and costs for the necessity of taking this issue to the Court.... Read More

If no one filed financial documents, the Court may simply dismiss the case.  However, lets say that the Mother, with the assistance of the department of revenue, files to establish child support and the Mother files her own financial affidavit.  If the Father fails to file a financial affidavit and otherwise refuses to participate in the establishment of support, the Court can impute an income of $42,000 to that party. This number represents an average household income in Florida. ... Read More

You did not say whether dad had filed a petition for modification in court or simply asked you for child support.  Until a court says otherwise, he owes you child support and modification cannot be retroactive. This means that unless and until he files a petition for modification, he still owes you support even though the child is living with him.  Once he files a petition for modification, he will have to first prove that a change of primary residence is needed and in the childs best interest, not simply because the child wants to live with him. Then support would be calculated and will take into account your income, dads income, and the time sharing schedule. ... Read More

Child support obligations run until a child reaches age 18 and graduates from high school.  There is no statutory obligation to pay support for an 18 year old that is attending college.  However anyone can agree to voluntarily pay child support for as long as they want.  I had a case where the father agreed to pay support through 4 years of college.  The dad must understand however that he is agreeing to pay support above and beyond what the law would require. If dad is not willing to pay you cannot require him to do so beyond age 18 and graduation from high school. ... Read More

You can go to your local clerk of court and ask for a print out of your child support payments. Child support is supposed to end when a child reaches 18 or graduates from high school. If you are still paying and the child is 23 years old, either you are paying arrears, or you are over paying. You can file a motion to terminate child support with the clerk of court outlining the facts, and attach a printout of your child support account.... Read More

There is a lot more information that is required before an attorney can give you advice on this issue.  An attorney should be able to schedule a hearing in this matter.  However, the issue could be that there are some procedural roadblocks that have to be cleared prior to a hearing occurring on this issue.  Depending on the jurisdiction and the particular Judge you should be able to appear telephonically for hearings that do not require the presentation of evidence.  Please consult an attorney in the general locale of your case so that they may provide you some advice based upon the details associated with your specific circumstances.... Read More

In Florida, your child support obligation runs until a minor child turns age 18, or graduates from high school if they are still in school and turn 18 prior to the end of their senior year.   It sounds like your order is being misconstrued, you should not have to keep paying on all three children until the youngest turns 18, rather each child support obligation should end as that particular child reaches 18.  You should file a petition for modification of final judgment, and in that petition, allege that two of the three children are over the age of 18 and have graduated high school, and as such your support obligation should be modified. You will continue paying on the youngest child, as well as any arrears that may be owing on the other children. It is possile that you have over paid on the two older children and may be entitled to a credit against your ongoing obligation for the youngest child.... Read More

This is a commonly asked question and a good one. No, your fiance's money has nothing to do with your child support obligation.  The fact that you are getting married, live together, or whether your fiance has money, a job, or income has nothing to do with your child support.  Your support is based on YOUR net monthly income, so tell your fiance to relax and don't worry about your child support.... Read More

You do not write a letter to the court, you must file an appropriate pleading called an ANSWER.  You can obtain the forms to file an answer at the clerks office or possibly download them on line. There are instructions with the family law forms and you must be sure to follow the instructions and sign the pleading. The pleadings must be filed in the court listed on the top of the papers that you were served with, and a copy sent to opposing counsel. Be sure to keep a copy for yourself of every thing you file. There are lawyers at most court houses that provide low cost advice on how to complete the forms. You answer must address all the allegations in the petition by either admitting or denying each allegation.... Read More

    If you are still legally married, then the money owed from your sister and her husband is a marital asset.  You don't indicate if there is a promissory note or some other written agreement evidencing the debt or if it is just a verbal promise.  Nonetheless, unless there is a written agreement that the money is to be paid to your husband alone, then your sister can make the payments to you.  If you need the funds to provide for yourself and your daughter it is unlikely that a court would determine that you are wasting marital assets.  I would, however, keep track of the payments and how you are using the money in case your husband ever raises this issue in a future divorce.    In the mean time, contact the agency that handles child support in your county and see if you can file an action to get your husband to pay you child support.  It is not necessary that either party file a divorce for you to seek monies to help support your daughter.  Raising a child is an expensive venture.  He has an obligation to your daughter whether he likes it or not.  It seems like you are already shouldering the yeoman's share of the responsibility.  He needs to contribute too.... Read More

If you are being called to court for failure to pay child support, it is most likely a contempt hearing. In order for you to be held in contempt the court must prove (1) child support was ordered (2) you had the ability to pay it (3) you wilfully chose not to pay the support as ordered. Before the judge can put you in jail you must be found to be in wilful contempt.  Your defenses are that you did not have the ability to pay the support and as such are not in contempt.  You cannot simply come into court and say that you don't have the ability to pay, you must be better prepared. If you are unemployed you should show the court a list of places that your have applied for work, preferably 30 locations in the past 30 days. Include the names of the person you spoke with and the company name and address and when you applied for work. If you are employed, then bring in recent pay stubs, tax returns, forms W2 or a letter from your employer stating how much you make each week. You should also bring bank statements showing how much money you have in the bank (if you have a bank account), and you should complete a current financial affidavit (you can get this at the court house) signed and notarized showing your income, expenses, and assets and debts.  You need to bring in enough documentation to prove your claim that you cannot afford to pay the ordered support. If you have the ability to make a payment before court, you should do so, in what ever amount you can afford and bring proof of the payment. This will show good faith on your part that you at least tried to pay, and that  you paid as much as you could.... Read More

  That depends.   In the settlement proceeds from the accident there may be a number of items the settlement is to cover.  First, there may be medical bills owed to doctors that will be paid.  If he has further medical expenses that are documented, money may be allocated for that.  Additionally, his attorney will be entitled to take fees for legal work for the services rendered.  I certainly hope Support Enforcement has everything in order.  Oftern, they are so overwhelmed that things can slip through the cracks.  Your best course of action now is diligence.  Check every week or so to ensure they are following up with the attorney handling the personal injury case.   I hope there is enough left to cover arrears and some future payments.  This father doesn't look like he is too interested in taking care of his child.   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 More