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My ex and i gad a court order child support amount

Customer Question
My ex and i...

My ex and i gad a court order child support amount determined by the judge for me to pay (under a joint custody agreement) my ex recently went through the court to take me off child support (i paid the course cost and all) the question is....can she put me back on child support by way of child support services or does she have to go back through the court to re-enstate the child support

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

Florida, Broward county

Lawyer's Assistant: Has anything been filed or reported?

I believe she called the child support office recently

Submitted: 4 months ago.Category: Family Law
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3/7/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,824
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, unless you have a signed agreement or court order stating she cannot do so, she can seek child support by going back to court OR by going through child support enforcement, it is her option. Legally, a parent is obligated to pay support for the child and a court will not allow the child to suffer if support is needed, even if she took you off support.

It is her choice though whether to seek assistance for support through court or to use the support enforcement office.

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Customer reply replied 4 months ago
ok. but will child support enforcement then have to take into consideration the previous court (judge ordered) amount per the court ordered 50/50 joint custody plan? Or do they enforce the standard guidelines not taking into account the prior plan that was set in place?
Family Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

Yes, they would have to take into account parenting time and generally if it is a shared custody order with approximately even physical custody time, they will have to determine the need of the mother based on the inequity of salaries. The 50/50 agreement makes it harder for them to determine amount, because the guidelines are generally not used when parenting time is equally divided unless one parent can prove they are financially destitute.

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