Legal Question in Family Law in Florida
child support out of state
My ex husband has primary physical custody of my 3 children but they have never lived with him. They have lived with my mother for the past 2 years. He recently moved out of state & has cut off contact with the children. The kids are being supported by myself & my mother. He has never paid a cent in all this time. He works for Dell in Oklahoma City. What do I do?
2 Answers from Attorneys
Re: child support out of state
Because he was never ordered to pay child support (since he had primary residential care), no unpaid child support accrued. Your mother, actually has standing to petition for modification of custody. When she gets it (assuming you have waived your rights to it), she will get child support as the custodial person and might be able to collect up to 2 years of it retroactively. Of course, there are many factors. For one thing, we do not know whether the father can pay. There is no child support if there is no income or assets. In that case, she should apply for government help.
Re: child support out of state
You can petition for custody and child support thereafter.
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