Legal Question in Disability Law in Florida
my fiance has not paid child support for three years now because of one: the child mother has not followed the court visitations that were appointed and two because of medical reasons. She is threating him with backed up child support in order for him to sign over his rights so that her current husband can adopt her. How do we go about this?
1 Answer from Attorneys
The stoppage of visitation has no legal bearing on the payment of support. He has to pay. His options three years ago were to file a Motion for Modification of the Child Support based upon changed financial reasons and filing a Motion for Contempt outlining the mothers action. While this should have been done 3 years ago, it still can be done now but he will still owe the 3 years of support. As to the adoption, she will never be able to overcome his parental right. The child can not be adopted without his voluntary consent. She can threaten all she wants, but no judge is going to do it.
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