Carin Manders Constantine's Answers

Can you still get ex husbands retirement and social security benifets after the divorce is final?

If these issues were never addressed in the Divorce proceedings, they have been waived. You cannot come back and ask for a division of retirement 10 years after the Final Decree. She may be entitled to draw Social Security on her own, based on his earnings, but she cannot attach any of his assets.

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How is child support calculated in FL state

The answer will depend on your current child support order. In Florida, we use statutory guidelines, where we include the income of both parents, health insurance costs, and any daycare costs. If you already have an order to pay, you will need to file a Supplemental Petition to Modify Support and request that the court use your new income. If you do not currently have an order to pay, you will need to complete a new Financial Affidavit and ask the court to set your child support at the lower...

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I am a non custodial parent in florida, what are the laws concerning insurance?

In Florida, the non-custodial parent is usually responsible for providing the insurance coverage on the minor child, if reasonably available, unless otherwise agreed by the parties or Ordered by the Court. If your Divorce Order states different, then the Order prevails. Non-covered medical expenses are usually shared by the parents, pro rata based on income, unless otherwise stated in the Diviorce Final Order.

Recieved notice from fl revenue of intent to suspend dl due to rearage what is the state % required to stop this action?

The Department of Revenue does not have a set percentage amount that they require for you to get the DL back. It is all about negotiation, and your ability to pay. Perhaps you should suggest 20% of the arrears up-front and a monthly payback amount that they are happy with.

Do I have to continue to pay child support for my 18 y/o son if I have a balance of $700.00?

It sounds as if this may be a Department of Revenue (DOR) case. Normally, if you owe any money in active arrears, or in retroactive support, you are required to pay the child support amount, as ordered, until all past amounts are paid. This is legal, and should be spelled out in your Final Order or the Income Deduction Order (IDO). You can, however, file pleadings asking the Court to reduce the amount taken out of your pay if you have a hardship. The arrears should be reduced by the amount...

Back Child Support and Renewal of regulard drivers license

The real question here is whether the Department of Revenue is involved. If so, the answer will be very different. Assuming DOR is not involved, there is no regulation that I have ever heard of that suspends your Florida DL just because back child support is owed. The parent or caregiver of the minor child in question would have to file pleadings asking to suspend your DL and you are entitled to notice of such action. A hearing on the suspension would have to be held, with you having a chance...

Can the order order a parent to pay child support before the child support order is final

Yes. A court may order a Temporary Child Support award until custody is decided. It sounds like Department of Revenue may be involved, if this is the case, the only factor that matters right now is where the children actually reside.

Not wanting child support but forced to.

This is a common situation in Florida. When a parent applies for Public Assistance in this state, the Department of Revenue is notified and is required by law to seek child support from the non-custodial parent. In your case, the Department is following the law and you cannot waive the child support as long as you get benefits from the state. You need to notify the Department of Revenue as soon as you and the child's father start living in the same house or as soon as you get married.

How can I "switch" my child support case to a different state?

I am not sure why it takes 3-6 weeks for the money to get to your wife, but Florida could have a problem with geetting the payments from Arkansas. You can have Indiana pay Florida directly, but that might require you to file paperwork in Indiana, or submit yourself to the jurisdiction of the Florida court in person. If you do file for divorce, Florida may be the better state to do so, and then the money can get to her faster, although you may not be able to pay it directly.

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I'm currently ordered and paying child support in Indiana. My ex-moved to Florida. She also filed for child support in Florida.

If Florida is taking Child Support out of your check, it must be through an IDO, or Income Deduction Order, which is commonly used by the Florida Department of Revenue. In order for the Department, or DOR, to do this, the case must have been transferred from Indiana to Florida by your ex, under the Uniform Interstate Family Support Act, or UIFSA. Florida can take your money, but NOT if Indiana is also doing so. I would suggest you do the following: 1. talk to your employer and find out...