Legal Question in Family Law in Florida

Child Support, visitation
My 11 year old daughter and ex-wife live in Florida and have for the past 4 years. Jurisdiction is still California. When they moved we never went to court, but now she wants to take me back to court to increase my child support agreement. To allow them to move we agreed that we would keep the child support the same, but now she denies the verbal agreement. I dont see my daughter that since I live in California and she lives in Florida. I informed my ex that I plan on moving back to Florida so I can spend more time with my daughter. My ex is now re-married and has a 1 year old with her new husband and she is discouraging me to move to Florida because ''they have their own life now,'' and doesn't want that changed. I would be taking a giant pay cut, but staying with the same company. She is telling even if I was to move that there wouldn't be a guarantee that I could see my daughter based on the court order when they lived here which was every other weekend and alternating holidays plus time during summer break. IN addition, my ex doesn't work because she is supported by her new husband while she goes to school. what's going to happen when they revisit the factors of child support and only look at my gross income. thank you.

Asked on 8/28/05, 8:19 pm

2 Answers from Attorneys

Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

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Re: Child Support, visitation

You probably won't fair well trying to prevent a modification here, because you failed to object to the move in the first place. If you end up moving to Florida, you need to file a motion with the California court to have the case moved out there. As for her change in income, you should at least be able to have her income calculated at minimum wage under the circumstances (based on ability to work). I would recommend getting in touch with Mr. Slater, if you move out to Florida.

Answered on 8/29/05, 4:26 pm

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