Legal Question in Family Law in Florida
child abandonment and child support
My ex wife is getting my check garnished for my 2 sons that live with me for the past 3 and a half years. She has had no contact with them and she doesnt pay any child support to me. She is in and out of jail, and doesnt even call them. My youngest is 4 and hasnt seen her since he was almost 1. I have sole custody of my nine year old already. How do I stop the child support from going to her instead of me and the kids, and can she lose her rights due to abandonment? I live in Florida and she lives in Georgia
1 Answer from Attorneys
Re: child abandonment and child support
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You will have to go to court and have the child support order modified. If you can prove that the children are living with you and not her, then the court should agree to the modification based on a substantial change of circumstances. Child support will then be ordered to be paid by her to you for the benefit of the children.
Scott R. Jay, Esq.