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Frederick Lincoln Pollack

Frederick Pollack’s Answers

538 total


  • My FL CS was determined before they gave credit for partial custody. Can I get it modified and will I get credit going back?

    2 children (16 &15), stay with me 33% of year. CS last assessed at least 10 yrs ago. I have some unpaid arrearage. Do non residential parents still get credit for their partial custody? Would that be enough for a modification? If the modification ...

    Frederick’s Answer

    You should seek a consultation with an experienced Family Law attorney in your area to see if pursuing a modification of your support obligation would be worthwhile (and/or cost effective for you). You are entitled to seek to modify the support obligation if there has been a substantial change in circumstances since the last order setting setting support entered, and there is a catch all provision in the statutes, per F.S. 61.30(1)(b), which allows you to just calculate "new" guidelines based upon the parties CURRENT incomes, allowable deductions, the timesharing being observed by a written parenting plan OR by agreement of the parties, and if the "new" number varies from the "old" obligation by 15% or $50 per month (whichever is the higher hurdle to jump), then that can serve as the substantial change in circumstances. Given that the kids are getting closer to their emancipation, you're going to want to make sure that you have an "allocated" order in place anyway (as is now required by statute but was NOT the case 10 years ago), so you can make sure the support will automatically reduce from a 2 child obligation to a 1 child obligation when the oldest child emancipates. So as I said, I'd suggest you seek a consultation with an attorney to assist you with developing your game plan on this one...

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  • Does child support automatically change when one of two children becomes an adult or is there a process to update the amount?

    I got divorced in Maryland, DC and now live in Freeport, FL. I have been paying child support for two Children. After my oldest son turned 18, the child support has remained the same. Also, I'm not making the same money I used to either. May I al...

    Frederick’s Answer

    It ll depends upon what your order itself says and if the underlying order was "allocated" on a per child basis or if it was an "unallocated" order. If it was allocated, then the obligation should automatically step down (reduce) upon the emancipation off the 1st child. If it was unallocated, then you will need to file a Supplemental Petition to Modify the child support, and you'll want to speak with an attorney about where to do that, as it will depend upon where both parties currently live (and there might be reasons why it's more advantageous to file in one state versus the other), etc...

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  • My question is if a judge can approve one year of taxes for my husband and one for me or I can fight for that is only for my bec

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    Frederick’s Answer

    In any action to determine child support the Court has the authority to consider the tax implications of either party claiming the child, and typically the Court will address and order how the division is to occur if it is requested by a party. If no one brings up the issue, the court does not address it. How the Court would rule in your particular case would be fact based and include things we don't know from your question - like how many nights does the child sleep in each household? Whom is paying what for support of the child? What is each party's income? Which of you would derive the greater benefit from claiming the child? How would the child support guidelines differ if you claim versus if your ex claims? All of this would be relevant information for the Court to consider before ordering one party or another to waive the right to claim the child for tax purposes via IRS Form 8332, or other method.

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  • What does REDIRECT LETTER NOTICE OF TERMINATION OF IV-D SERVICES mean?

    My dad re-opened his CS case on my brother to have the CS payments redirected to me, rather than my mother since he has lived with me since Feb. 2013. The case was reopened 10/15/2013 and we havent heard anything. The last entry on CORE is in the ...

    Frederick’s Answer

    Unless DOR is involved in your case and doing an administrative redirect of payments (which it does NOT appear to be the case from the facts you've related above), then you need to bring your own action to establish child support against your brother's mom and dad, so each of them will be ordered to pay child support to you while you take care of your brother. Your father will likely want to file a motion to suspend support in the action that orders him to pay your mother. Otherwise someone will at least need to set a hearing on your dad's Motion to Redirect Payments, in order for the court to consider same and enter an order on it. However, around here - unless it's a DOR redirect, there would need to be separate actions filed.

    You should seek a consultation with an experienced Family Law attorney in your area to assist you, as it can get a bit complex and may result in your Dad getting double-dipped upon for a bit until things are straightened out with the Court.

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  • Child support retrosctive

    Is retroactive since the date that I file the divorce or since we living apart

    Frederick’s Answer

    Retroactive child support may be sought up to twenty-four (24) months from the date you file the initial petition - so it can go back-in-time up to two years, or date of separation (whichever came later in time).

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  • What are my options?

    My brother has been living with my husband and I since 02/2013. Our mother continues to receive his CS. Our dad re-opened the CS case to have the money redirected to me 10/2013. We have not rec'd any notice about what is going on with the case and...

    Frederick’s Answer

    You can file an action for support against both of the parents as they should both be paying you, if you are caring for the child. If you are receiving any public assistance you should contact the Florida Department of Revenue and they will initiate both cases on your behalf as the relative custodian of the minor child.

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  • I have over one year separated from my husband for 9 months and has been giving me 700 dollars for the girl

    700 dollars is not by court order, my husband deposited in my bank, so three months has not given me anything for my daughter, and I can fight to be $ 700, because he has told me that if I put it by court order will RECEIVE much less. if true what...

    Frederick’s Answer

    You need to seek a consultation with an experienced Family Law attorney who can review your case with you, go through what you earn, what the other side earns, who pays what for their own health insurance & who pays what for the child's health insurance and day care costs, and what the overnight schedule for the child is - heck, is there even a written parenting plan that lays out the time-sharing and has been ratified into an order by the Court? All of this information would be needed in order to calculate child support guidelines and be able to tell you what you are entitled to receive. Support can also be sought retroactive for up to two (2) years prior to the date you file your initial petition, so if he has shorted you, you will be entitled to have him pay the difference for that that time period.

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  • How do I continue receiving child support when he changes states?

    I have received child support from Ohio office in Florida. My husband and I have been separated for 3 years he is still trying to pay child support, but his new employer in Texas is telling him they can't pay child support unless he is divorced. ...

    Frederick’s Answer

    I do not believe you are getting the full story from him. His employer - even out of state, in Texas - is required to honor another state's Income Deduction Order and to apply same - especially if/since the form order is on the Federal OCSE prescribed IWO formatting. You should not listen to your ex and send a copy of the IWO to the employer via certified mail, return receipt requested and file a copy of the green card in the court file after you get it back.

    Moreover, even if the IWO was not in place, your ex would have an obligation to continue to pay pursuant to the prior order so you can move for enforcement of the order, to seek suspension of his driver's license, issue an arrest order, have his tax refund intercepted etc. You should seek a consultation with a Family Law attorney experienced in interstate enforcement issues to assist you deciding upon the most effective method for your continued enforcement.

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  • In a child support modification case can the court enforce I 265 percent more than we had agreed on a few years ago?

    Lets say the agreement was $200 every two weeks based on me giving up joint custody and few other important factors and now the mother wants 740 every two weeks (the entire amount she is entitled too as per the courts). Wouldn't a judge question w...

    Frederick’s Answer

    As a general rule, No. Not unless you had a whole bunch of protective language in your agreement which would have had to have been ratified by a Court, would this argument even stand a chance - and why should it? It would be against public policy to not allow children to enjoy the financial successes of BOTH of their parents, after all child support does not belong to the parents - it is a parent's obligation to pay and a child's right to be supported. Almost assuredly the court WILL modify the child support obligation pursuant to a calculation of guidelines based upon the parties' present incomes, minus allowable deductions, taking into account the current time-sharing schedule, and who pays what for health insurance and child care costs for the child(ren). As long as the new number varies from the previously ordered obligation by 15% or $50 per month (whichever is the higher hurdle to jump) - and from the facts you've related, it does - then the modification would be warranted pursuant to F.S. 61.30(1)(b) and the modification should be granted.

    You need to seek a consultation with an experienced Family Law attorney who can review your case and situation with you and see what (if any) defenses you have to the requested modification.

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  • My boyfriend has been child support for child that's not his, how do you get the money back after you get result back from a DNA

    August of 2013, he has been paying child support for child he hasn't had a DNA test for neither has he signed a birth certificate for, the court said that have tried to contact him twice but we only got 1 notice and never heard from them again, th...

    Frederick’s Answer

    He will not get any of the money back. What he needs to do is to file an action for Disestablishment of Paternity pursuant to F.S. 742.18 and attach a copy of the DNA test results excluding him as the biological father. He should absolutely seek a consultation with an experienced Family Law attorney to assist him with the process because he does NOT want to mess this up or he'll end up with the obligation until the child emancipates - even if he's not bio dad.

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