Legal Question in Family Law in Florida

child support/ custody change

My ex husband does not want to pay child support any more because our oldest child lives with him 5 out of 7 days a week. I still have full custody of both children according to our divorce agreement. Can he legally say that it balances out because he has the older one now more? I let the younger one go 2x weekends a month. Please advise me on this.


Asked on 8/05/07, 1:12 pm

2 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: child support/ custody change

It depends on need of the children and ability to pay. If he wants to modify child support he will have to go to the court.

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Answered on 8/05/07, 3:17 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: child support/ custody change

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.

Unless and until your ex husband goes to court and files a motion to modify the child support, he is required to pay the full amount. He can petition the court to modify based on a substantial change of circumstances and he would probably be found to be correct based on the fact that one child is now residing with him as the primary residential parent.

Scott R. Jay, Esq.

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Answered on 8/05/07, 6:08 pm


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