Legal Question in Family Law in Florida
I'm involved in a messy situation... my husband and his ex- got a divorce in Marion county Fl. march 2012 both of them lied in court saying there was no child between the two of them. at that time the child was 2 years old. now 4 years later she has moved to volusia county and filed for child support at $1200 per month. i have already once spoke to an attorney who did not want to touch this case because of the fellony commited and he said to wait for the mother to make the first move . now that she has been denied disability she is requesting a large monthly payment.. my husband and I both maintain contact and regular visitation also have been providing the childs needs. we would like to request custody. I don't know in what direction we should go please HELP
3 Answers from Attorneys
Was your husband's name on the birth certificate? Did he claim paternity? Did she ever tell him that the child was not his child and perhaps that is why at the time of divorce both stated there were no children between them. Is she asking for child support because NOW she has filed a paternity action and has named him as the father. Depending on your answers would determine whether or not there was an intentional fraud upon the court.
You need to see a Family Law attorney immediately! Too many variables to answer here but anytime there is fraud involved there can be serious problems for both sides.
You are going to have to petition the court and if there was impropriety this will have to be atoned for. Hire a lawyer do not do this yourself.
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