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Child support

I have been paying child support for seven years. My daughter had always lived with her mom. Well, about a year ago my ex(we were never married)left my daughter with me saying she couldn't take care of her anymore; was moving out of state; and asked me to take care of her. I then filed a petition for Child support modification and the child support court stopped the child support. Then the ex came back a couple of months ago and wants our daughter back (I guess since the money stopped). I'm in the process of filing for Child custody now.
My question is: Can I file for child support since my daughter lives with me now?

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Child support modification
by: Anonymous

I had filed a child support modification. My daughter was turning 21. In Massachusetts they should pay if f.t. in school . He got a lawyer. The lawyer subpeonaed everything from my employer discipline records, grievances, IRS Information.
This should have been a wage subpeona only . Too late tbey have the information. Her father is a known felon and his attorney admitting to her father he asked for irrelevant documents .my employer everything. . Shoud have only been wage info

The River Runs Both Ways
by: Staff

Dear Dad,
Both parents are supposed to support their children. And child support is supposed to be based on both parents incomes. If your ex is unemployed, and the judge or magistrate, believes that she could be working, her income can be "imputed". A judge or magistrate can rule that she is capable or working at least 30 hours per week, earning at least minimum wage, and base her child support contribution on that. If she has not filed a current Family Law Financial Affidavit, make sure that the judge or magistrate is aware of that fact. (She is required to file it, just as you are). For more information about child support, visit the Florida Department of Revenue at:
http://dor.myflorida.com/dor/childsupport/

Please note, this is information, and not legal advice. Please use all the resources on this site, on the internet, and your attorney's advice to make your own decisions.

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Motion(s) for child support

I want to modify support and get back in court because my income has changed. I don't know which motion to file and how to stop support until I get back in court and which motion to file for visitation.

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Modifying Child Support
by: Gary Tinsley

To modify an existing child support order you need to file a Supplemental Petition for Modification of Child Support, Form 12.905 (b) and all required accompanying documents.To modify visitation you need to file a Supplemental Petition to Modify Parenting Plan/Time Sharing Schedule and Other Relief, Form 12.905 (a) and all required accompanying documents. I offer preparation of modification paperwork including all required documents. Gary W. Tinsley 386-383-4595.

These forms and other Florida Supreme Court approved family law forms are available on the Florida Supreme Court's site - www.flcourts.org.

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Child Support

by Brian
(Daytona Beach)

Where can I find the form for an answer to petition for support and other relief? What other forms do I need to file along with it? I was served with this by a sheriff last week. It says I have 20 days to answer it.

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Where can you call to find out if you owe or how much you owe on child support
by: Anonymous

Where can you call to find out if you owe child support or how much you owe

Answer to Petition for Support
by: Judy L.

Dear Brian,
Prepare your answer just as you would prepare any answer -- paragraph by numbered paragraph. Either affirm or deny each of the statements (allegations). It is also acceptable to "affirm in part; deny in part" and then give a brief explanation. Remember -- less is more -- you're usually better off stating as little as possible. You don't want to volunteer information in your answer that might be used against you later. However, if you have defenses to any of the allegations include them. You can include them in the numbered paragraphs, or even better, at the end under the heading: "Affirmative Defense". Include as many as you need to. "First Affirmative Defense - Paternity is in Dispute"; "Second Affirmative Defense - Inability to Pay Support"; and so on.Under each affirmative defense include a brief defensive argument.

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Child Support Modification

by Nikki
(Broward)

Hello,

I wish to file a modification for child support in Broward County; where I reside, but the original order of child support was entered in Dade County. Can I still file the petition to modify in my county of Broward County or do I have to file the petition in Dade county where order was entered?

Thanks so much!

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About you being in the Military
by: Anonymous

I am retired Military and the Office of the JAG handled all of my issues with Child Support. Why not try them instead of going through a regular Attorney where of course will cost you money.

child support
by: Anonymous

My ex has moved to Tex for Military, and I want to re-modify my child support and take custody of kids, but because my ex is in the military, my lawyer has no idea how to do this. Can I do this on my own by going down to Broward court house and filling out papers? Also can she be served on a military base? Thanks

Change of Venue, Child Support Modification
by: Staff

Nikki,
The short answer to your question is - maybe. First, usually the proper venue for a modification of child support is where the child resides. If your child continues to reside in Miami-Dade, it is likely that is the proper location for your court hearings. If you have a compelling reason to transfer the case to Broward, and your ex does not disagree you may be able to transfer your case. But, compelling is more than you don't have money for gas, or can't get time off work. A compelling reason is more like you are disabled and do not drive at all.

If your ex and your child have moved away from Miami-Dade, and now also live in Broward, then Broward is actually the correct venue. You will still need to motion the court to transfer the venue and Broward will need to accept the case.

The following statute applies primarily to child support cases and other states, but it may also apply within Florida, county to county:
61.520 Inconvenient forum.—
(1) A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.

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Family Child Support

by K. Lashae' Anderon
(land o lakes, fl, usa)

I would like to move my case from Hillsborough county to Pasco county. How do I accomplish this.

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Motion to Transfer Venue
by: Judi

Hi,
I'm not an attorney, however I think this is a fairly general question and so I will answer as best as I can. It sounds like you need to file a motion to transfer venue. Venue is the place where a legal matter is heard. You need to have some reason to transfer it. For example, if none of the parties reside in that county anymore, it is probably reasonable to transfer venue. The other party has an opportunity to object to the transfer of venue also.

Look up Chapter 47 in the Florida Statutes.

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collection of unpaid child support

by Larry
(Kissimmee, fl. )

My ex wife has not paid her court appointed child support in over 1 year. We had mediation around April last year and they told her she needed to pay her support. I'm not very good at filling out paperwork and I'm trying to fill out a motion to enforce child support. I would like to ask if she cannot pay her back support that I be awarded full custody. My question is how do I ask for that or word it in my motion? I currently have residential custody and we share a joint decision making.

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Child support/ Child Custody
by: FALDP Staff

Larry,
The court tries to treat child custody and child support as two separate issues - but of course they overlap. Generally, if you need to enforce an existing order you file a Motion for Civil Contempt/ Enforcement and if you want to change an order you need to modify it. In this case, a Supplemental Petition For Modification of Child Custody/ Time-Sharing and Related Relief may be in order. These forms and others can be found and downloaded for free from the Florida Supreme Court's site - www.flcourts.org. Or you can contact a Florida Legal Document Preparer through the Member Directory on this site. Or call us directly 800-515-0496.

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Child Support Question

My son's father and I are going through child support issues. We were never married. We are trying to do an uncontested Time sharing agreement. My question is in Child support agreed upon between us or does the child support get calculated with the state child support schedule?

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Child Support Guidelines
by: Judy L.

The child support guidelines are all available online now. The form actually does the math for you. Go to the Supreme Court's site, and look for family law forms.

It usually goes through the child support guidelines
by: Anonymous

When we went to court, we already had the child support amount worked out. At first the judge wasn't going to approve it, but it turned out that the amount we had worked out was almost the same as what the guidelines said, so it went through. So it seems like there is some leeway if everyone agrees, and it is enough to take care of the children.

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Child support question.

My husband and i were apart for 6 months and he was paying child support. then we got back together and now are living back together and even though i went to child support enforcment and the clerk of courts with my written noterized paper giving my husband credit for all this time we are back together in the same house living off his paycheck the court is asking him to enter the paper work to go back to court and change the order. "Which papers does he need"?

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Terminating child support
by: Mike Wappler Legal Eagle's

You may want to try Florida Supreme Court Form 12.905(b) Supplemental Petition to Modify Child Support

This form should be used when you are asking the court to change a current court-ordered child support obligation. The court can change a child support order or judgment if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests.

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Modification of Child Support

by Benjamin
(Bartow, Florida)

My name is Benjamin. I'm having a very tough time with the Polk County court system over a child support issue. I was labeled the father by default, because I was served with papers while living in Texas, and missed paternity test dates. Paternity hasn't been established yet, but my 2010-2012 tax returns have been taken. I moved back to Polk County in May 2012, just so I could be back home to deal with this situation. The mother and I have since spoken, and she was adamant about helping to resolve this matter. I want to know if, by filing for a modification of child support, going to be the right move, to resolving the matter, or even getting things moving forward. I sure could use some help through the proper channels, to close this case, get my money reimbursed, and move on with my life. Can anyone help?
Sincerely,
Benjamin.

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Paternity
by: Staff FALDP

Dear Benjamin,
If you're not sure you're the father, you may want to establish that for a fact or disestablish your paternity altogether. The fact that you missed paternity test dates may make you appear uncooperative to the court, but this also may not completely prohibit you from disestablishment of paternity. Many fathers do their own DNA test first. DNA testing kits are now sold over the counter for around $30. Since you have access to the child, have you and the child checked, and send the test off to the lab. If you're the father, then so be it. If you're not, you can continue with a Petition for Disestablishment of Paternity. The law is very specific. Here is the beginning of statute:

742.18 Disestablishment of paternity or termination of child support obligation.—
(1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child. If the child support obligation was determined administratively and has not been ratified by a court, then the petition must be filed in the circuit court where the mother or legal guardian or custodian resides. Such a petition must be served on the Department of Revenue and on the mother or legal guardian or custodian. If the mother or legal guardian or custodian no longer resides in the state, the petition may be filed in the circuit court in the county where the petitioner resides.

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Child Support Modification

I have 60% time sharing & my X has 40%. I am primary. We have been divorced for several years. I am confused as to what constitutes a substantial change. Our son was very young at the time we signed the agreement & therefore his needs have changed. My X has switched health insurance carriers since the original agreement. I supply clothes/shoes that go back between our homes. I provide our child's cell phone, tutoring, school supplies & many other things. I do all this because I love our son, but my x-husband is way more comfortable than me financially & doesn't help. I was slaughtered by his attorney when we signed the original agreement so I am very timid about what I should do. He does pay, but it is very minimal. Bottom line is that enough to attempt to make a change?

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Response re Child Support Modification
by: Denise at www.docsinaboxfl.com

I located an attorney's website that discusses this topic and have copied and am pasting from that page here. This should give you some guidelines to utilize as you have not provided us with any dollar figures to be able to determine what might and might not be possible. Generally, as a child ages, their needs increase. School clothes, medical, food, everything increases over time; however, getting a modification will take time and effort to be able to move through it. However, it could very well be worth it to you.

Child support modification in Florida to decrease:

Here is a list of some of the factors that may serve as the basis for a child support modification in Florida to lower child support…

Paying party’s loss of a job
Paying party’s loss of income
Receiving party making more money
Children’s expenses decreasing (i.e. no more daycare)

Child support modification in Florida to increase

Here is a list of some of the factors that may serve as the basis for a child support modification in Florida to increase child support…

Receiving party’s loss of a job
Receiving party’s loss of income
Paying party making more money
Children’s expenses increasing

If the Court does find that there has been a substantial change in circumstances, then the child support guidelines will come into play in determining the new child support amount.

Child support modification in Florida – guideline amount:

The child support guidelines may serve as the basis to support a substantial change of circumstance. Section 61.30 (1)(b) states as follows:

“The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.”

The calculator on this site was built to help educate a person who may be seeking a modification of child support in Florida better understand how the calculation works.

[For copyright purposes and not to violate same, I am including this disclaimer: This specific information was located on a website belonging to Steven B. Leitman, Esq., an attorney in Jacksonville, FL. and is used here giving full credit to that attorney. He has provided a link to a child support calculator page and you should read the disclaimer he is providing on the link to the calculator.]

CALCULATOR PAGE: http://floridachildsupportcalculator.com/calculator

You should copy and paste the entire URL into your browser to get to the calculator page.

I hope this helps. Should you need assistance and wish to represent yourself in doing a child support modification, I hope you will consider Docs in a Box.

www.docsinaboxfl.com

Denise Wells
(561) 315-8390
docsinabox@gmail.com

Substantial Change
by: Staff FALDP

The courts recognize that a child's needs change as he grows. The needs and expenses for an infant or toddler are completely different from those of a teenager. It is the judge's call as to whether change is substantial or not. Read the article on this site on www.faldp.org/Child-Custody.html which discusses substantial change related to modification of child custody. I realize that you are asking about modifying child support, not custody, but the article will give you some ideas of substantial change in general, and some cases to read that will give you an even better idea. Also go to the Florida Supreme Court's site, www.flcourts.org and look at the self-help area and forms. Florida has very specific child support guidelines. The Child Support Guidelines Worksheet is on the Supreme Court's site.

We assist pro se litigants in preparing modification of child support documents. Please call if you would like our assistance.

800-515-0496

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Modify child support

I need to know the definition of material change in circumstances. What does that mean -- exactly?

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Exact Definition of Material Change in Circumstances
by: Anonymous

Dear Anonymous,
I am not an attorney, but as I understand it, a material change must last for more than one year, must be involuntary, and may affect any of the parties. The best way to be sure is to read case law and see what types of things were considered material changes.

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modification of child support and visitation in Hernando County Florida

by michael
(Springhill fl Hernando County)

I need help doing modification and visitation in Hernando County, FL. I filed a supplemental petition to medication of child support. I have been assigned a judge but his asst is now SAYING I HAVE TO FILE A MOTION TO GET A TRIAL???? Motion to file I think she said??

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Let me help you
by: Robert Webb

I would be glad to try to help you.

My office is in Inverness, phone number
is (352) 476-1130,

I understand the frustrations that people go thru
trying to do it themselves without any outside help at all. Unfortunately, sometimes they do need help from Legal Forms Preparers, because we have seen this type of actions before and we can do the paperwork to help when you need help.

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child support in bankruptcy


(marion county, florida)

Can child support arrears be forgiven in chapter 7 bankruptcy?

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child support in bankruptcy
by: Connie Allis

Child support arrears can not be discharged through a chapter 7 Bankruptcy. I have copied and pasted a paragraph from nolo.com on bankruptcy.


Child Support Debt Can’t Be Discharged in Chapter 7 Bankruptcy


In Chapter 7 bankruptcy, child support debt receives special treatment because it is considered a priority debt. Priority debts are nondischargeable in bankruptcy. This means that if you owe any outstanding child support debt, it will not get wiped out by your bankruptcy discharge. As a result, filing for Chapter 7 bankruptcy will not eliminate your obligation to pay child support and make up any missed payments. (To learn more, see Priority Debt in Chapter 7 Bankruptcy.)


If you need to file for a Chapter 7 Bankruptcy because you have collection accounts, medical bills, credit card bills that you are not able to pay, I can help you out.


Connie Allis 407-488-0197


www.clalegaldocuments.com

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arrearage on child support

by Robert
(Tampa, Fla., Hillsbrough)

If the child is of age (19 years of age or older) who has the legal right to petition the court for the arrears? Since the child is of legal age and most courts order child support for that child and the best interest of the child, should they be the one that would petition the court and not the parent who has waited, but now upset and petitions for arrears?

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Who has legal Right to petition for arrears if child is 19 yrs old
by: Anginita Rosier/Precision Legal Document Services

QUESTION
If the child is of age (19 years of age or older) who has the legal right to petition the court for the arrears? Since the child is of legal age and most courts order child support for that child and the best interest of the child, should they be the one that would petition the court and not the parent who has waited, but now upset and petitions for arrears?

ANSWER
If a child is 19 years old and there is a child support case that has arrears, the custodial parent of the child is the one who will need to petition the court for the arrears. The child can not petition the courts because the mother was the original petitioner. IF the case is a DOR child support case, DOR will not close the case even though the child is 19 if arrears are still left remaining because there is usually also money owed back to the state for public assistance that may have been received. The case would not close until all the arrears have been paid ie, if it takes the payer an additional 10 years to pay them the case will remain until it is satisfied. If it is a private case, the existing order establishing the child support should have a clause in there that addresses the arrears. If the case closed and the arrears were forgiven by the custodial parent to which it was owed, it is a done deal if the judge signed the order accepting the forgiveness of the arrears.

Hope this information helps

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written response for childsupport

by jamie
(34953)

Is there a form for a written response on a summons for child support?

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Answer to Petition for Child Support
by: FALDP Staff

Dear Jamie,

Not that we know of. However, w have published a book, “The Child Support Petition Answer Book,” that may help you. You can purchase it through this site - https://www.faldp.org/answertopetition.html . The Complaint for Child Support used by the Department of Revenue is used throughout the state. As with any answer or response to a legal complaint, answer numbered paragraph by numbered paragraph. The usual answers are: Affirm; Deny: Defendant has no knowledge; therefore Deny.

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May I, as a pro se litigant, request subpoenas in Child Support Modification?

by Amanda
(Bradenton, FL, Manatee County)

My ex filed for modification of court ordered/garnished support based on a layoff. He was not laid off. He quit a job making appx $50,000 a year to go back to school and live on student loans and avoid cont'd support coming out of his check.

I filed my own Answer and Objection and complied w/ mandatory disclosure. HE has an attorney and took 2 months to comply w/ mandatory disclosure and left huge and relevant items out!

I filed a Mtn to Compel right before he "complied" so I think the court is not moving forward with my hearing request.

According to the attorney I consulted, I need to subpoena his former employer to confirm he did not get laid off and for the additional financials. I do not want to pay an attorney $2000 to accomplish this.

Can a pro se individual complete the requests - to the satisfaction of an opposing counsel and the court - to force compliance?

Thank you!

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Pro Se Subpoena
by: Staff FALDP

Amanda,
A pro se litigant may subpoena a third party for records. Its called a subpoena duces tecum. Attorneys sign their own subpoenas, however pro se litigants need to have the clerk of court sign in their behalf. There is a form for this purpose on the Florida Supreme Court's site - www.flcourts.org - form 12.931(a) and (b).

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Child Support for paying the State back


(Ft. Lauderdale, FL, US)

I'm currently and have been since birth been on child support for my child that has been in custody of his maternal grandmother since the age of 3 months he is now 11 years old. I would like to know how can the mother of my child also be responsible for paying child support for the relative care checks that the grandmother is receiving. The mother does not live with the child and the grandmother currently has custody of six of the seven children her daughter had and only the fathers of these children are being put on child support and not the mother. Only one of them belong to me.I also know her payments will be going towards the state which would help with the state balance. I feel the mother should also take some responsibility and pay the state back as well. It should be an equal responsibility for both parents especially since the child is in the custody of his grandmother.I don't think the grandmother is enforcing the child support on her daughter, which is not fair because she has all these kids and doesn't care for them or provide any financial support.

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terminated legal rights but paying child support and health care

Should my husband be paying child support and health care for his son that he terminated rights for and his parents took over legal guardianship. The boys mother has not been in the picture since the boy was 6 months old and as far as known never terminated her rights or been required to pay child support and health insurance. Her whereabouts are unknown. My husband was very active in his sons life until almost 6 years ago when his parents took the boy and moved out of the state of Florida where the case was started and remains to this day and moved to the state of Montana with no contact whatsoever. My husband moved to Michigan almost 5 years ago and recently found out his parents moved to Michigan with is son. He is also paying back child support since the day his son was born by his federal tax returns being garnished due to the fact that they requested child support after the fact and he terminated his rights around 6 months old and was not required to pay. He has not been allowed contact of any kind with his son for the last 6 years but financial supports him and provides health care. The paper work he signed in Florida he can not find at the Lake County Clerks Office. Can we request visitation or terminate child support and health care. Also the boy will be 16 in March 2015. We would like contact but my major question is should be paying child support and back child support and health insurance since he terminated his rights and has no contact whatsoever? Again he was allowed visitation and spent as much time as possible with his son and was a very active father until his parents took his son away without contact for no apparent reason.

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Child Support

by Vikki
(USA)

My husband was served a petition for child support for twins who were 5 days away from their 18th birthday. The twins are a boy and a girl. The boy is a junior named after the guy that signed their birth certificate. My husband did not respond to the petition because he just didn't take it seriously. The Department of Revenue filed a Motion for Default because we did not respond and now there is a hearing set. What should we do?

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Child Support
by: Sheila

I'm going to refer you to the Florida Department of Revenue page which talks about paternity, child support (future and arrears).



http://dor.myflorida.com/dor/childsupport/paternity.html



In Florida -The term "parent" means a woman who gives birth to a child and a man whose consent to the adoption of the child is required under Sec. 63.062(1). Written consent must be executed by the father of the minor, if:



The minor was conceived or born while the father was married to the mother. The minor is his child by adoption.


The minor has been established by court proceeding to be his child.


He has filed an affidavit of paternity, or he is listed on the child's birth certificate before the date a petition for termination of parental rights is filed.


In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with all requirements. The term "putative" father means an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born.



It sounds like she's trying to establish paternity after all these years. If he cannot attend the court hearing when it has been set, he should contact the Department of Revenue to see if they will reschedule the hearing. He could also go ahead and file an Answer, even though it's late, and try to get it in before the hearing.



Sheila Smith
Fundamental Document Services, LLC.


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How long before I can file for child support in a new county?

by Savannah
(Miami, fl)

I currently live in Dade county and will soon be moving to Palm Beach with my fiancée. He currently works there and I will be obtaining a job there. We will be moving into a new larger home with great rated schools for my 2 boys (ages 4 and 6). I currently have not been receiving any child support from their father and I allow for the kids to visit him every other weekend. I would like to start a child support case once I have moved to Palm beach county, fl. My question and concern is when can I start the case after moving to Palm Beach? Am I allowed to move out of the county if I have no court case active? I want to do things correctly.

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Hello
by: Anonymous

You can file your case right away once you move.

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DOR is reducing what I pay and the ex is avoiding service. DOR said theres nothing I can do??

by Diane
(lee County)

I filed for modification with DOR in April and received notice in Aug it would be reduced by half. However, he avoided service, the papers were returned unserved to DOR Oct 13. Our daughter is living with step mom because he left the home to live with his girlfriend. I informed DOR that he was dodging it and lived at an unknown address and his attorney won't accept it even though she has handled it all along. DOR said there was nothing I could do. Dor seems content that he abandoned a minor child and gets half of my income and will until he is served wherever he is. I have no rights it seems

what can I file?

Comments for DOR is reducing what I pay and the ex is avoiding service. DOR said theres nothing I can do??

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Motion for Contempt/ Enforcement
by: FALDP Staff

Diane,
You might try going over the head of DOR and filing a Motion for Contempt/ Enforcement yourself. And use a private process server rather than a sheriff to serve him. The forms for Motion for Contempt/ Enforcement are on the Florida Supreme Court's site, www.flcourts.org , or a member document preparer can assist you. The reason you may be more successful in having him served by a private process server, is that they are sometimes more persistent, and they're not in uniform. Some private process servers will pose as a delivery person to get someone to open the door. As an alternative, if you know where he works, you could have him served there. If you need help, please browse the Member Directory on this site or call 800-515-0496.

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Child Support Order

Hello,

I just received paperwork that my ex is going after me for child support, because she filed for unemployment assistance. My question is, if I signed the birth certificate years ago (voluntary acknowledgment), but now question whether I am the father, how do I request to have a paternity test done before I start paying child support.

Anonymous

Comments for Child Support Order

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Motion for Scientific Testing
by: Staff FALDP

You could file a Motion for Scientific Testing along with your answer to the complaint for child support. That motion is available on the Florida Supreme Court's website - www.flcourts.org

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