Legal Question in Family Law in Florida

Re: Child support

If you have custody of your son, you do not owe the other parent child support (unless you had been late with payments before and you are paying arrearage). My feeling is that you did not petition to modify custody and that your son is simply living with you.

Re: Child support

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If custody has formally changed, then you should not have to pay child support and the former wife should be paying you. If you have not filed an agreement with the court to modify the custodial parent, then you need to do so. You should request child support at the same time in the same petition. Alternatively, you can request the help of the state attorney's office or attorney general's office in your county (depending on which handles child support enforcement in your area). You can request that they represent you in seeking child support but they are generally very backlogged and it might take more time than the child remains a minor.

Scott R. Jay, Esq.