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Florida Child Support Questions & Answers
Q: Can my husband face arrest for not paying taxes for 10 years as a 1099 employee?
My husband, a commercial over-the-road truck driver, hasn't paid taxes in 10 years and is a 1099 employee. He's received multiple documents from the IRS, but he hasn't made any attempt to resolve the issues. He was paying a substantial amount of child support until last year and paid... View More 
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William T. Harmon
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answered on Jun 15, 2025
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answered on Jun 15, 2025
Your husband could face arrest and criminal prosecution for not paying taxes for 10 years as a 1099 employee if the IRS determines his failure was willful and egregious. However, if he voluntarily files his returns and works with the IRS to resolve his liabilities before being notified of a... View More
Q: What form is needed to revisit child support contempt order due to new medical evidence of inability to work?
I was found in contempt of court in a child support case due to my inability to provide evidence of my inability to work at the time of the hearing. Since then, I have obtained medical records indicating a diagnosis of traumatic brain injury (TBI), neuropathy, progressive neuropathy, mental... View More
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Veronica LaVerne Robinson
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answered on Jun 9, 2025
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answered on Jun 9, 2025
Motion to Vacate Contempt Order.
Base it on newly discovered evidence. However, your best bet is to apply for and receive Social Security disability benefits. If the government grants your SSDI application, they will provide half of your benefits to your children, which is likely more than... View More
Q: Will I receive anything from my spouse's property after divorce in Florida?
I'm going through a divorce and have been married for two and a half years in Florida. My name is not on the deed to the house, which my spouse owned before our marriage. We have two kids, and I have contributed to the maintenance and improvement of the house during the marriage. There is no... View More
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Veronica LaVerne Robinson
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answered on Jun 8, 2025
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answered on Jun 8, 2025
If, during the marriage, you helped pay for the mortgage, property taxes, repairs, renovations, or general upkeep—whether through direct payments or contributions of marital income—then the increase in the home’s value caused by those efforts may be considered marital. That portion is known... View More
Q: How can I pursue a legal custody agreement and address co-parenting and domestic violence challenges safely?
I co-parent with my child's paternal grandmother instead of his father, who hasn't worked for over a year despite having several skills. I'm the primary caregiver according to child support documents, but there is no legal custody agreement, and he's ordered to pay $0 in child... View More
Pamela J. Fero
answered on Jun 4, 2025
answered on Jun 4, 2025
You do have options under Florida law to pursue legal custody, establish parental responsibility, and protect yourself and your child even with a past felony or the father’s veteran status. Although you're currently co-parenting informally with the child’s paternal grandmother and the... View More
Q: What should we do if the child's father, not legally established, threatens custody over visitation disagreements?
My daughter is not married to the father of her 5-year-old daughter. She recently signed a Power of Attorney of a Child for my husband and me, allowing us to care for her daughter. The father is named on the birth certificate but has not legally established paternity. The child has been living with... View More
Rand Scott Lieber
answered on May 25, 2025
answered on May 25, 2025
Tha father’s threats are meaningless until he files a paternity action in court. At that point he will be responsible for child support going back two years and forward. He will also be entitled to a parenting plan which will include a specific schedule for timesharing (visitation). Speak with a... View More
Q: Am I obligated to continue child support if my daughter re-enrolls in school at 21?
I have been paying child support for my daughter for 21 years. According to the agreement, I am obligated to pay until she turns 21 unless she is enrolled in school. She previously flunked out of college, but just before the last payment, my ex informed me that she re-enrolled in school and is... View More
Rand Scott Lieber
answered on May 20, 2025
answered on May 20, 2025
You need to read carefully the court order on child support. If the child was 21 and not in school then you can probably stop paying. Let the other parent take you to court and prove that you do still owe child support. Speak with a local family lawyer for more specific advice.
2 Answers
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Car Accidents, Child Support, Civil Litigation, Personal Injury and Family Law
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Florida
on
Q: Can child support be taken from car accident lawsuit winnings in Florida?
I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the... View More
Barry W. Kaufman
answered on May 14, 2025
answered on May 14, 2025
Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to... View More
Q: How can I secure equal rights to my children if my relationship ends in Florida?
I have two children with the same woman, and we are not married. My name is on both birth certificates. Our relationship seems to be ending, and I want to ensure I have equal rights to our children if we split up. Currently, we have no formal visitation arrangements, but we live together and share... View More
Daniel A Bachert
answered on May 5, 2025
answered on May 5, 2025
By being named on the birth certificate you are recognized under Florida Law as being a natural guardian of the children with the same parental rights and responsibilities as the mother. However, that just means that each of you as parents have the right to deny the other parent access to the... View More
Q: How do I transfer a child custody and support case from Colorado to Florida?
My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More
Daniel A Bachert
answered on May 2, 2025
answered on May 2, 2025
The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More
Q: How do I transfer a child custody and support case from Colorado to Florida?
My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More
Rand Scott Lieber
answered on May 1, 2025
answered on May 1, 2025
If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More
Q: Seeking advice on sole custody application and parental rights termination in Florida.
I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More
Daniel A Bachert
answered on Apr 28, 2025
answered on Apr 28, 2025
From what you describe you basically have sole custody of your daughter now, so I'm not quite sure what you are hoping to gain by filing an action for the same. While it is true that the father is free to file a Petition to establish his parental rights and obtain time sharing any time he... View More
Q: Seeking advice on sole custody application and parental rights termination in Florida.
I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More
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Veronica LaVerne Robinson
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answered on Apr 28, 2025
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answered on Apr 28, 2025
Thank you for your question. Based on what you described, you may have strong grounds to seek sole parental responsibility (what Florida calls "custody") because of the father's long absence. However, because there is an existing New York child support order, it’s important to... View More
Q: Am I entitled to support from my wife if she wants a divorce?
I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?
Rand Scott Lieber
answered on Apr 26, 2025
answered on Apr 26, 2025
The legal standard for spousal support is financial need and ability to pay. You can definitely ask for spousal support. 28 years is a long term marriage. A support award will be based on how much each party earns, or can earn. Speak with a local family lawyer for more specific advice.
Q: Am I entitled to support from my wife if she wants a divorce?
I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?
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Neyza Guzman
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answered on Apr 26, 2025
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answered on Apr 26, 2025
Hi! Yes, based on the details in your comment, it is very possible that you are entitled to support. An analysis of the marriage's financials would need to be conducted so we can advise of the options for support you may be entitled to - depending on the circumstances, you may even qualify for... View More
Q: Is one parent's consent enough for minor child counseling in Florida?
In Florida, do you need consent from both parents to send a minor child under 13 to counseling, or is one parent's consent enough? The parents never married, do not live together, and there is no court order for custody. The child has been with the mother since birth, and the father, who is on... View More
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Destardes Moore
answered on Apr 18, 2025
answered on Apr 18, 2025
In Florida, the Mother's consent for the minor child to receive counseling is sufficient. Some providers may seek to obtain consent from both parents; however, if the Father does not have parental responsibility, providing the counselor with the child support order designating the Mother with... View More
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?
My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More
Rand Scott Lieber
answered on Apr 14, 2025
answered on Apr 14, 2025
Send the bills. First, it is your responsibility through shared parental responsibility to keep the other parent informed about medical issues (which includes therapy). The law is that you do not need the other parent's permission to send the child to therapy so he cannot block it. Worst case,... View More
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?
My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More
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Destardes Moore
answered on Apr 16, 2025
answered on Apr 16, 2025
The language of the court order is controlling. If it explicitly states that all medical expenses must be reimbursed, then yes, you would be entitled to reimbursement. However, sometimes orders contain restrictive language specifying which particular medical expenses require reimbursement.... View More
Q: Handling child support and custody threats in Florida with my son living with me.
I'm a father of a 15-year-old son, and I've been married to my wife for 13 years. My son has lived with us for the past 4 to 5 years. His mother recently suggested I should be on child support to maintain his Medicaid, but I offered to add him to my insurance instead. She declined,... View More
Vanette Augustin
answered on Apr 8, 2025
answered on Apr 8, 2025
First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the... View More
Q: How can I file for full custody in Florida when child's father is absent and neglectful?
I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More
Rand Scott Lieber
answered on Apr 1, 2025
answered on Apr 1, 2025
You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More
3 Answers
| Asked
in
Adoption, Child Custody, Child Support, Domestic Violence and Family Law
for
Florida
on
Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?
I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More
Daniel A Bachert
answered on Mar 31, 2025
answered on Mar 31, 2025
The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.
The... View More
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