Legal Question in Family Law in Florida
10 years ago my ex-husband and I went to mediation and decided to not ask for child support from each other and that we would share cost and time 50/50. We wanted to declare joint custody. On the day of the divorce, the judge asked who we wanted to declare "residential custodian" and had to make a decision at that moment. Well, since I had moved back in with my family- sharing a bedroom with my sister, and had no job, and also because my husband worked from home, we decided he would be the "residential custodian". Well, as a shock to both of us, The judge ordered I pay child support even though I was a stay at home mom for 4 years and my ex made $75,000 and I had made $25,000 4 years prior. I was ordered to pay $100 per month but when I got a job, my ex threatened to take me to court for more support money unless I doubled up the payments. I doubled up as much as I could when I could and now I am a year ahead & he still isn't happy- Last month, I lost my job of 9 years and he is afraid I will spend the college fund money. He wants me to sign over a prepaid college fund that I did all on my own (for 5 years I drove a 12 year old car and took public transportation to work so I could pay for the college fund) or he will take me to court for more support money and the college fund which in cash is worth about $8000. The court documents do not state anything regarding college. I added the fund in my dads name 2 years ago when I declared Bankruptcy because I was afraid of losing it. I wanted to give this as a present to my son when he turned 18 but was also confident that if my child support payments ever increased dramatically, I could use it to help pay. I did make $37,400 last year and he made $91,000. I have a feeling that my payments, even though I am unemployed currently, would increase $300-500 more per month. He says I have his word that if I sign over the fund, he will not readdress child support- which I don't believe. Is there a way that I could "loan" him the money and he could reinstate it in our son's name (there is a grace period of 6 months without penalty to use the money) and he would have to pay me back the "loan" if my child support requirements increased. From all the research I have done, you cannot override any court order such as saying "if she puts the fund in my name, I will not take her to court for more child support money" even though I plan on still paying the $100. Thanks for helping in this matter! I am so stressed!
1 Answer from Attorneys
Do yourself a favor. Go back to court and establish the proper amount to pay. Why are you not asking for custody of your child? I think you should take the appropriate route or you will find yourself with no college fund. If he wanted to take you to court he would have filed. I think he is just blowing wind to make you jump. If not, then you get an attorney and get this matter taken care of or you will be jumping through hoops until this kid is 18.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
