Legal Question in Family Law in Florida
Child Custody and Support
How do I modify my divorce agreement to have me as the primary residential parent?
My ex sees his kids once a month sometimes twice, he never helps me and I am not in the best financial situation but he is. I need help but our divorce papers say we have shared responsability and I can't get child support until I can get a mdification or a change in circumstance. Someone Please help!
2 Answers from Attorneys
Re: Child Custody and Support
If the financial situation for either of you has changed , you can seek support modification. You can also seek child support.
Re: Child Custody and Support
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You will have to file a suit to modify the original court order custody in the family court in your county. You do need to show a substantial change in circumstances that would warrent a modification. This may include an upward or downward change in finances for either parent. If the father is not spending his alloted time with the children and thus you are actually paying for the majority of expenses, the court might entertain a motion to provide child support. Be sure you keep accurate records of visitation by the father and all expenses incurred by you for the benefit of the children. You would be well served by retaining an attorney to represent you in this action.
Scott R. Jay, Esq.