How can I remove a child support order from my baby’s father? We have an agreement and he is going to be helping me.

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How can I remove it? I haven’t even had the appointment yet for the child support; I just called the children and families line.

Attorney Answers

4
Gregory Thomas BuckleyDivorce / Separation LawyerGainesville, FL ·
You do not say how he will be helping you and the child. If a child support order is not even in place yet, he will have the opportunity to explain how he is helping you after the child support case begins. Generally, the courts will not allow the mother of the child to not seek child support from the father, especially if the mother is receiving any sort of state benefits (welfare, food stamps, etc.)
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Brent Rose ·
If a child support order is already in place, you cannot stop child support. Also, if you or the child are receiving state services (Medicaid, food stamps, etc.), the Florida Department of Revenue will seek support for you from the father without your consent.
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Barry Newton ·
How will the father be helping you? Generally, a court will not allow you and the father to just agree he doesn't have to pay support. If, on the other hand, something has significantly changed since the support order was received, (say, for instance, the father will now have the children 50% of the time now and had no time with them before), then you could file a petition asking the court to modify the support order so that the payment amount is less or done away with entirely. It really depends on what has changed since the support order was awarded.
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David Hirsch ·
To do that you have to deal with the Department of Revenue. They are likely collecting for state support like food stamps and public assistance provided to your child in the past. They want the father to pay for what is already owed. It’s not easy to simply make them go away. If he has the children living with him, they could terminate future support but not back support. It’s going to be a problem for you.
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