Legal Question in Family Law in Florida
My boyfriend of going on 2 years is going through a divorce. He has 1 child with his soon to be ex wife. They have been to mediation and court over the child and it came down to he gets his child every other week. Well one day, the mother decided not to bring the child back. She has been keeping his child away from him for 5 months now and there final divorce is set for August 20th. She has an attorney, but my boyfriend doesn't have one because he can't afford one. We have a child together now who is 2 months old. I also have two children from a previous relationship. Altogether we have 4 children, including his daughter with his ex. My question is, could the wife get in some kind of trouble with the judge because she is violating a court order? Would my boyfriend have to pay child support even tho he had his daughter for 6 months while his soon to be ex wife was living with her new boyfriend and we were supporting his child before the order of 50-50 custody was set and even tho he has another child to support? Will they take half his paycheck? Or very little of it? We need some advice please and thanks.
1 Answer from Attorneys
Your boyfriend needs to get an attorney. If you all can support 4 kids, you should be able to afford an attorney. As to no visitation - put her in contempt - file a contempt/enforcement and set the hearing. Why has he waited so long? There are forms on the web site for each county court for family law - he could use those forms at any time. they will not give him advice but there are instructions on how to proceed. Your boyfriend should submit a new financial declaration showing that he has another child to help offset his child support. If they have 50/50 custody then no one is paying at this point. However, visitation is another issue.
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