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Florida child support question. Florida. It’s regarding

Florida child support question ...

Florida child support question

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It’s regarding payment continueing after child has turned 18 and has already graduated.

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Answered in 5 minutes by:
10/31/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,250
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. What can you tell me about your situation?
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Customer reply replied 3 months ago
Child support for 2 children started in 2005. 1 child turned 18, January 2017 and graduated HS in May 2017. However, child support never stopped. The father has filled out a petition and declaration affidavit to stop child support on the 1st child but the mother is avoiding filling out her declaration affidavit and the father is being told that the child support won’t stop until the mother returns that affidavit. The 2nd child turns 18 March 2018 and will also graduate May 2018.

Does the original order say anything about reducing support after the first child turns 18?

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Customer reply replied 3 months ago
The order has no declared end date

Thank you.

The father can try filing a Motion to Compel, where the judge orders the mother to return that form. Explain that she's intentionally stalling because she doesn't want support to be reduced early. If she never turns it in, he can also ask the judge to impute income to the mother in the amount chosen by the father.

He could also try filing a Motion for Temporary Modification, asking the judge to cut the support amount in half until a final order is entered. Child support for two children usually isn't twice the amount for one, so that would result in the mother getting less than she should until she returns the forms. Which could help her turn it in.

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Customer reply replied 3 months ago
Will the child support automatically stop for both children when the 2nd child is 18 and/ graduates HS or does the father still have to go to court. And will he get refunded any money over paid to the first child.

Since the court order doesn't provide for termination, he'll have to file a Motion to Terminate. But since you're already modifying now, he can request that change along with the decrease, to save having to go back to court later.

Excess child support payments are never refunded. They're treated as gifts to the child. That's why she's dragging things out.

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Customer reply replied 3 months ago
if the father doesn’t go back to court, child support accentually never ends.

The judge WILL end support as soon as a motion to terminate is filed, once the youngest child graduates. The father could choose not to file the motion and pay forever, but I've never seen that happen. The motion is just a formality. All it requires is evidence that the child is 18 and has graduated from high school.

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And if the father stopped paying, most custodial parents wouldn't bother filing for contempt in that scenario. It's possible she could, but she's not likely to win, since support isn't owed after the child graduates from high school.

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Customer reply replied 3 months ago
does he need a step down order form

He shouldn't, because there is only one child left that's in high school. He just needs an order decreasing the current support amount - which should include a termination date.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,250
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks for your help

You're welcome!

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,250
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Experience: Attorney with experience in family law.

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