Legal Question in Family Law in Florida

Child support

I am an US citizen married to a Guatemalan citizen. We are seperating and have one child. We have a house in Florida that we purchased together and a house in Guatemala. My husband comes back and forth on a tourist visa. He does not have a green card. He says he will only give me $400 a month child support. He has a net worth of about $6 million Us dollars. He says most of his property is in other names and he has a monthly income of around 10,000.00 but cannot be verified. Do I have the same rights as other Us citizens? I am only asking for 1/2 of the proceeds of the sale of the house in Florida and $1,000.00 month child support.


Asked on 11/12/02, 7:19 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: 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.

Florida law is very specific when it comes to child support. The net income of both parties is added together to determine the amount of child support according to established guidelines. The amount of the obligation is then divided porportionately based on the respective income of the parties.

It sounds as if your requests are very modest and reasonable. You should not discount your child support, however.

I strongly suggest that you meet with a qualified matrimonial attorney to discuss the facts of your case. This should be done as soon as possible to protect the interests of both you and your child.

Scott R. Jay, Esq. 305-249-8000

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Answered on 11/12/02, 9:40 am
Adam Bessen Law Office of Adam Bessen

Re: Child support

Under most cases Florida requires that you are a resident of the State of Florida for 6 months prior to initiating an action for divorce/support. It does not distinguish whether or not the parties are US citizens. Under the rules of discovery you would be permitted to try and determine his actual income and net worth. Child support is based on a formula set down by the Florida legislature. Please feel free to contact me if you have any questions.

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Answered on 11/12/02, 11:52 am


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