Legal Question in Family Law in Florida
child support
my ex-husband have been without paying child support for almost a year. last week he sent me a check for the month of november 2006. he also have been without visiting my daughter the same amount of time. he just failed banckuptcy 4 month ago. for how long can be him without paying child support? how can i received that money back? does the banckuptcy affect child support's payment? in case he want to start visitation again, how can we work on that due to the fact that she does not remember him.
2 Answers from Attorneys
Re: child support
Bankruptcy will not discharge child support.
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.
The filing of a bankruptcy does not discharge the child support obligation of your husband. Arrearages will accrue whenever he fails to pay. On the other hand, the failure to pay child support does not affect the father's rights to visit with the child. You cannot deny visitation because child support was not paid.
Scott R. Jay, Esq.
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