Florida Child Support Legal Questions

One way to get child support started is to file a Petition to Establish paternity, custody, visitation and child support. This will address all issues relative to the parties child and establish a time sharing schedule and parental responsibility.  A lawyer can assist in preparing this pleading and filing it on your daughters behalf. The father must be served and will have 20 days to reply. Following this a mediation or court proceeding will take place.  Another option is to file a case through child support enforcement, they will file an action to establish child support, but cannot address visitation, custody, time sharing or parental responsibility.... Read More

There are several tools available to you to obtain your ex's financial records. You can file a "request for production" and ask for specific records that you want produced. Second, you can schedule a deposition duces tecum and take his deposition, and require that he bring a specified list of records with him to the deposition. Third, you can file a "request for compliance with mandatory disclosure in accordance with rule 12.285" which will require him to produce documentation supporting his affidavit. If he fails to produce the records you can file a "motion to compel" and ask the court to require him to comply with the discovery requests or show valid cause to the court as to why he has not complied. You can request bank records, check books, tax returns, profit and loss statements, etc.  If he uses a CPA to prepare his taxes you can take the deposition of his CPA.  You should not agree to a mediation or trial until he has provided adequate records to prove his financial affidavit.... Read More

  I am sorry that you are writing to make this inquiry.  Parents should not share their financial issues with their children.  I don't know if your parents have a court order (divorce, settlement agreement, final judgment regarding your care) that would answer this question.  Usually such a document says who pays for what and how much when it comes to children. Your dad should make this inquiry on his own behalf.  If he cannot afford your medication there are sometimes programs available to assist him.   I hope things improve for you soon.   Kind regards, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 (954)316-3496   ... Read More

My first suggestion is that you contact the self-help legal desk at your local court house. Many courts offer legal help at very low cost. A lawyer will help you prepare the appropriate answer and give you direction on how to file it, etc.   If you cannot afford any legal help, or your local court does not have a self help center, here is what you need to do.  You need to file an "answer to the supplemental petition" which is a pleading, in which you must address all the allegations in the supplemental petition by answering "admit" or "deny" to each allegation.  If you agree with an allegation then admit, if you disagree with an allegation then deny.  You must make a numbered or lettered list corresponding to the numbers or letters in the supplemental petition, and address each numbered or lettered allegation separately by admitting or denying what is stated. The top of your pleading should have a caption that contains the same information as the supplemental petition, including the name of the court, case number, and the parties (petitioner and respondent). The title of your pleading will be "answer to supplemental petition for modification".  At the end of your pleadings you need to sign your name and list your name and address and phone number.  You should file your answer in the clerk of the court where the action is at issue, and mail a copy to the opposing party or their attorney if they are represented.  It can be hand written and you can use "fill in the blank" forms available at your local court or online.  I hope this helps.... Read More

The court will not reduce your child support or arrears simply because you paid your back support. It is already established that you owe the back support, so paying it does not change anything except that you now are current.  You can perhaps reach an agreement with the other party to whom you are paying support, that if you pay the back support, they agree to a modification of support, bur only if the other party agrees.  If the other party will agree you can sign a joint stipulation and submit it to the cout.  Normally ongoing child support must be in accordance with the Florida guideline worksheet, and courts must articulate a reason for deviating from the guidelines. Further the court has the ability to direct the clerk to adjust the arrears based upon a stipulation between you and the receiving party. For example if the other party agrees to accept 50% of the arrears owed, and also agrees to the entry of an order zeroing out the remaining arrears.... Read More

If you paid your arrears plus $400 extra you will not go to jail.  Bring your proof of payment to court and show the judge.  You only go to jail for not paying when you have the ability to pay, ie directly ignoring a court order to pay when you could have. In your case, if you lost your job, you should file a Supplemental Petition for Modification of Child Support, and an amended financial affidavit.  If the state DOR is involved it is difficult to modify because you must serve the individual petitioner not just the DOR.  The DOR wont reveal the address of the individual petitioner and this can put you in a difficult position trying to serve someone that you don't have an address for. If you are out of work, you should be prepared to show the court where you have been applying for jobs, including the name and address of the employer, and person you spoke with. Normally you are expected to conduct a diligent job search and provide proof that you are trying to find a job if you are claiming to be unemployed as a defense to paying child support.... Read More

Yes child support is modifiable after a final judgment. Child support is based upon the income of the parties and calculated using the Florida child support guidelines worksheet. Also considered are day care expenses, health insurance and the amount of time spent with each parent.  If the child spends no time with you, that will not work in your favor. If your income has increased, or her income has decreased it could warrant a modification of child support.... Read More

Normally in Florida children under age 18 are not allowed to make this kind of decision. If your mom has a custody order from a court, you cannot simply go live with your dad. If there has never been any court order regarding who has custody, then the situation becomes more confusing. Technically neither parent has custody and a child can be in the custody of either parent.  You need to know if there has been a court order regarding custody, and you need to speak with your father about what you want to do. If dad is on board with it, he may have to hire a lawyer and seek custody in court. A case like this can be in court for two years before it goes to trial and you will be 18 by then and can make your own choices.  It might be smarter to simply wait until you turn 18 then go live with your dad if you still want to at that time.... Read More

You can file a supplemental petition for modification of final judgment and in that pleading state that the children are not attending private school and you need child support in lieu of private school payment. Only a court order can modify child support and this is the only way to get a court order in your case. The supplemental petition must be filed with the court and served upon your husband. You will need to file several supporting documents such as a financial affidavit, and proposed child support guidelines. The matter will most likely be ordered to mediation and hopefully resolve at that time.... Read More

If you have not filed a demand for disclosure under Florida Rule of Family Law 12.285 you should do so, also you should serve standard family law request for production upon the other party. These are discovery tools available to you under Florida law which require the production of documents such as tax returns, check registers, bank statements, etc.   Once you have adequate discovery (and you may already have since you have bank records) you should take the other parties deposition, and ask pertinent questions under oath before a court reporter.  You will have to schedule the deposition and file a "notice of taking deposition". You can simply ask the other party questions about the payment of personal expenses from the business both at the deposition, and in front of the judge at the hearing on the case. The Judge will understand that paying personal expenses from a business constitutes income and a smart judge will include that in the other parties income for child support purposes. In the alternative you can have a CPA review the financials and come to court to testify as to what his real income is. You should hire a CPA that has testified as an expert in prior court hearings.... Read More

No, your fiance's child support is only his obligation and not yours.  You are not responsible for his child support and they cannot consider your income, or take money from you.  You may want to keep separate bank accounts from your husband because they can freeze his bank account if he fails to pay his child support. Further if he fails to pay his child support,  they can intercept his tax refund, so you may want to consider filing separately. I suggest consulting with a tax lawyer or CPA on this issue however.... Read More

Obamacare applies to health insurance and not child support. In Florida, child support is owed until the child reaches the age of 18. If the child turns 18 and has not graduated from high school, then child support can continue until the child graduates or reaches the age of 19, which ever comes first. There is no obligation to support adult children (over the age of 18) and this includes paying for college, or health insurance. Obamacare would allow children to continue to be covered on their parents insurance to age 26, but does not require parents to pay for it. To do so would place federal law  in direct conflict with Florida State law.... Read More

The father can admit paternity under oath in court or in his pleadings, or he can sign an acknowledgement of paternity. Either way he can avoid the need for a DNA test. Normally the Department of Revenue would prefer an admission of paternity. If a DNA test is being ordered most likely the father wants to confirm he is the father before becoming obligated to pay child support.... Read More

The Florida Courts believe that it is in the best interest of a child to have two parents to provide a source of support, inheritance, and family to a child. The courts will not terminate parental rights in order for you to end a child support obligation except when there is a step parent adoption. In order to have  a step parent adoption, the child's mother must have married or remarried if you were married to her, and her husband must be willing to adopt the child as his own. In this way the child will still have two parents. Absent a step parent adoption the courts will not take away a parent from a child and will not terminate your parental rights or end your child support simply because you and the mother want to. The courts consider the child's best interests and not yours.... Read More

In Florida, child support is a state statute, and judges are required to comply with state laws. As such you and your spouse must both submit financial affidavits and you must complete a child support guidelines worksheet. Depending on you and your spouses incomes, day care costs, health insurance costs and the time sharing arrangement, there may be child support required or in some cases it works out to no child support being paid by either party.  You cannot simply agree on no child support, you must go through the above described process. The court will not grant the divorce if you have not addressed child support in accordance with Florida statutes.... Read More

If you have a DNA test that shows you are not the father of the child in question, you can file a "petition to disestablish paternity".  Since you are paying child support I assume that you have a court order that did establish you as the father and ordered you to pay support.  You apparently have evidence that shows you are not the father and that would be the basis for the legal action  called petition to disestablish paternity.  This is a pleading that must be filed with the court and served upon the other party (individual petitioner) and copy to the department of revenue (I assume that the department of revenue was involved in the original action).... Read More

         Dear Anonymous,     In reviewing your "question" you have provided the answer.  The father is obligated to continue to pay child support during the summer unless there is an order stating otherwise.  However, depending on how your final judgment/settlement was worded, he may not have an obligation to pay all of the camp expenses, and he could "argue" that this is in lieu of the child support.       Still, the court order/final judgment governs unless changes are made by the same means.  I would suggest, however, that you try to work this out if the father is paying more than he should by providing camp expenses.  Remember, it is usually more expensive to fight about these things in court, and both of you should have as your ultimate concern your child's best interest. -Cindy Vova... Read More

  Unfortunately for you, the answer is no.  Child support is a benefit that your child receives-you are merely the  "bank" so to speak.  The law recognizes that both a mother and a father are obligated to support a child.  The burden should not fall on only one parent.     Most likely when you appear for a final hearing in court, the Court will want to see a child support guidelines worksheet, ensuring that the correct amount of child support was calculated, and see that the child support amount is included in the settlement and final judgment.  Further, the law in Florida requires (though some judges let it slide) that child support be paid through the State Depository and not directly to the recipient parent.     The exception to either party paying child support to the other would be when both parents make exactly the same amount of money, and both parents have equal time sharing.  Based on the distance between both of you, it is unlikely that is the case.    Good luck to you.  I hope that you can get this over soon. Cindy S. Vova    ... Read More

Yes, it sounds like you would have a case for modification.  You must file a supplemental petition for modification of child support and serve the other parent.   Child support is based upon the net monthly income of both parents, with consideration for day care and health insurance costs, and the time sharing arrangement.  The court will determine if child support should be modified based upon the Florida child support guidelines worksheet calculation. You can obtain this form online or at most court houses and do a sample calculation, however you will need to know or estimate the other parties income.  Once you file the supplemental petition the other party will have to produce proof of their income by way of pay stubs, tax returns, etc.... Read More

Child support is determined using the Florida Child Support guidelines worksheet. The net monthly income of each party is input, along with the number of children, day car expenses, health insurance and the number of days each parent has over nights with the children. The child support must be calculated by the guidelines, and the parties can deviate by 5% up or down without an explanation. If you wish to deviate more than 5% up or down, you must provide the judge with reasons that can be spelled out in a final judgment. For example if the parties live far apart and one parent incurs all the driving, then you could agree on a reduction to compensate that parent. As such there is a degree of flexibility in which you can agree to deviate from guidelines, but there still must be a guideline worksheet completed and filed and the court must follow the guidelines or explain why there is a deviation.... Read More

Child support is based upon your net monthly income. Your boyfriends income will have nothing to do with your child support.  It is fine to have a joint bank account with your boyfriend, and to share expenses with him. The child support calculation only takes into account your net monthly income from your employment and not your expenses or contributions to your expenses from a boyfriend.... Read More

Yes, the legal and natural father of a child has an obligation to pay child support regardless of the circumstances of the child's conception. It does not matter if it was adultery, lying, misrepresentation, or what ever caused the pregnancy, the father will have a support obligation. Obviously the father has a right to ask for a DNA test prior to being ordered to pay support and child support must be court ordered.... Read More

You must file an "answer" to the pleading you were served, and must do so in 20 days from the date you were served. It is not a letter to the judge, it is a formal pleading known as an answer to petition for modification. You will loose the case if you do not file an answer, and that could mean that the court could grant what ever relief was asked for. Filling an answer it not difficult or complicated. You can get free forms online and at the court house. In the answer you will simply admit or deny each allegation stated in the petition for modification. You dont need a lawyer to file an answer and you dont need any particular legal skills to file an answer. The answer must be filed with the Clerk of the Court in the circuit court where the pleadings were filed. The summons will show you where to file the answer, there will be an address on the summons. ... Read More

You can get credit for paying current child support, however you do not get credit for not paying child support and accumulating arrears. The credit is called the "Smith calculation" and applies to current child support that is actually being paid, not arrears representing child support that you did not pay. It would not hurt to ask the judge to allow you credit if you are paying, it is a court of equity, but my belief is that you will not get the deduction.  You should run a guideline calculation both ways and see how much it really changes the new support obligation. It is quite possible that it would not make much of a difference anyway. ... Read More