Legal Question in Family Law in Florida
my brother is going through a divorce. The divorce hearing is not until Dec. His wife has moved to Louisiana WITHOUT the children. My brother works out of town so the FOUR children are staying at my mother's house. My brother's attorney told him to pay over $700 child support to his wife because that is FL law. BUT the children are at my mother's house and my mother's bills have gone sky high... The children's mother only comes back to Pensacola once a month and spends less than 24 hours with them. The whole situation is heartbeaking but my question is: is it really the law that he has to pay child support to someone that DOES NOT have the children with her? Why can't he give financial support to who actually has the children? My mother just bought schools supplies for 2 teenagers and one 8 year old. The 4th child is 2 so my retired mother is now chasing a beautiful, energetic 2 year old every day..
3 Answers from Attorneys
I disagree with the advice given. Since he has the children with him, the wife should be giving child support. He should seek temporary custody.
Something does not sound right. You should have your brother schedule an appointment with his attorney, you and he attend, and ask for clarification.
Support should go to the actual custodian of the children so you should file a motion with the court to make sure that happens.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
www.careyandleisure.com
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