Can child support be retroactively modified in Florida?
Generally child support cannot be retroactively modified in Florida. However, there are certain circumstances where child support can be modified retroactively, such as when a supplemental petition to modify the child support has been filed and the court does not determine the issue for some months. The court can go back to the date of the filing of the supplemental petition and retroactively modify the child support back to the date of the filing.
Can I get joint custody time sharing if I am not paid up on child support in Florida?
The court will look at the best interest of the children according to the factors set out in the Florida statutes concerning custody. If you're behind on your child support or are not paying child support, the court will still look at the overall factors when determining child custody and time sharing in Florida.
Can I make my child support payments directly to my spouse? Should I?
Yes, you can make your payments directly to your ex-spouse. However, should you? That depends. If you trust your ex-spouse and they're generally an honest person, they should be honest enough to tell the court that you've made your payments. However, if a dispute arises, it's always good to have a record that the child support payments have been made. You can pay through the state and the state will keep good records as to how many payments you've made and whether or not any are missing.
Can my ex-spouse avoid paying child support if they file for bankruptcy?
No, your ex-spouse cannot avoid paying child support when they file bankruptcy. Child support is also referred to as a domestic support obligation when filing bankruptcy under the Bankruptcy Reform Act of 2005. Child support payments cannot be discharged in bankruptcy, so your ex-spouse has to continue to pay their child support.
Can the Florida courts include my new spouse's income when setting child support?
Generally, Florida courts only consider the income of the parents, so the income of your new spouse should not be taken into consideration.
Does joint custody time sharing affect child support in Florida?
Joint custody and time sharing can affect child support in Florida. Any situation where the non-majority time sharing parent has greater than 20% overnight time sharing, child support will be adjusted according to the statutes concerning child support.
Do I owe my ex-spouse child support for the time I was out of work with no unemployment...
If you do not obtain a court order allowing you to suspend your child support obligation, you owe the back child support, even if you're out of work and not receiving unemployment compensation.
How can I stop paying child support after finding out the child is not mine?
If there's a court ordering you to pay child support, continue to pay your child support until you get an order allowing you to stop paying child support. That being said, if you discover that you are not the biological parent of the minor child, you should file the appropriate pleadings with the court asking the court to disestablish your paternity. This may be difficult under the particular circumstances of your case so it's important you discuss your circumstances with your lawyer.
How long should I keep the receipts showing child support I paid?
While there are certain circumstances where a court will refuse to order child support when too much time has gone by, it's a good idea to keep your receipts of child support payments well into your children's adulthood in case any disputes arise in the future.
How often can a non custodial parent be taken back for support modification?
A non-custodial parent can be taken back for child support modification whenever there is a substantial change in circumstances concerning child support. Generally, this is defined by a 15% change in income or a $50.00 change in the monthly child support obligation.
I am a non-custodial parent but my child lives with me now. Can I change the child support...
If the child is living with you on a temporary basis, you probably can't change your child support obligation. However, if it's going to be a long-term situation, you can either try to get an agreement out of the other party to change the child support or you can file a supplemental petition to modify the child support with the court.
If an unmarried father is already paying support, is it necessary to establish paternity?
If an unmarried father is already paying support, generally that means paternity has already been established. Sometimes this is through an action by the Department of Revenue seeking child support. However, the Department of Revenue is not authorized to deal with child custody and time sharing issues. Therefore, a father should go ahead and file an action seeking an order awarding them parental responsibilities and time sharing.
If child support is not paid, must visitation be allowed in Florida?
The obligation of child support and the obligation to ensure visitation are two independent obligations in Florida. If a parent is not paying child support you still have to give them their visitation as ordered by the court.
If I get joint custody time sharing, will I still have to pay child support in Florida?
If you get joint custody and time sharing in Florida, you still may have to pay child support. This depends on the income of you and the other spouse.
If the other parent will not allow me to see my children, do I have to pay child support?
Yes. If the other parent will not let you see your children, you still have to pay child support in Florida. The obligations of paying child support and of ensuring time sharing with the other parent are independent in the State of Florida.
My child is about to turn 18 but is still in high school living at home. Can I still get support
Generally child support ends when a child turns 18, however child support can be extended if the child is in high school with a reasonable expectation of graduating by their 19th birthday.
My child support is more than 50 percent of my take-home pay. Is this legal in Florida?
Yes this can be legal in Florida depending on your circumstances. For instances, if you have another spouse or dependent child that you were supporting that is not involved in the order in question that can affect how much they withhold. The court can withhold up to 65% of your disposable income depending on your circumstances. It's important that you discuss those circumstances with your lawyer to determine whether or not the court is taking too much out of your pay.
My ex spouse wants me to share half of school expenses, clothes, supplies, etc. Isn't that...
If there is no court order requiring you to share in such expenses, you don't have to. However, child support usually doesn't cover the complete overhead of raising a child. Typically, parents will agree to share these expenses, usually on a pro rata or an equal basis.
My ex spouse lost their job and stopped paying child support, what do I do?
The first thing you should do is talk to your ex-spouse to determine if you can come to an agreement as to how the child support will be repaid and how child support will be paid on an ongoing basis. If you are unable to reach an agreement, you can file a motion for contempt or a motion to enforce with the court and ask the court to enforce the child support obligation and to impose the appropriate punishment on your ex-spouse for failing to pay their support obligation.
What does it mean to be in default of a child support order and what happens if I am in default?
Generally, being in default of a child support obligation means you haven't paid your child support. If the court determines that you had the ability to pay your child support but did not, the court can not only order you to pay that support but they can also impose other punishments which range from fines, paying the other party's attorney's fees, and even go so far as jail time.
What happens when the non-custodial parent has money to pay child support but still will not pay
When your ex-spouse has money to pay child support but refused to pay, you can take your ex-spouse to court by filing a motion for contempt and a motion to enforce the court order concerning child support. Once the court determines that your ex-spouse has the ability to pay the child support, they will make the ex-spouse pay that child support.
What if I need child support while the divorce is still in process in Florida?
If you need child support during dependency of a divorce case in Florida you can either agree with the other party as to how much support should be paid while the case is pending, or you can file a motion for temporary relief with the court, asking the court to award temporary relief such as temporary child support, temporary attorneys fees, exclusive use of the house, and address other issues as well.
What is arrearage?
Generally an arrearage means that a party owes back child support or back alimony. If you owe an arrearage for back child support of back alimony is important to try and work out an agreement with your spouse to determine how that arrearage will be paid back. If you cannot agree how the arrearage will be paid back, the court will determine how that arrearage will be paid.
Will the Florida court consider high living expenses such as loan payments and income taxes...
Generally the court will look at the income of the parties minus their allowable deductions as set forth in the Florida statute addressing child support. Some of those deductions involve taxes, however, high loan payments are not one of those deductions.