Legal Question in Family Law in Florida

Child support/visition modification

Do I have legal standing in getting modifications. My X & I have been divorced for 11 yrs & I recently found out that in his business he is supposed to write himself out a paycheck but rather only transfers enough money for the child support so it looks like he makes little, this way I wont be able to have this child support modified. In reality he has made over $120,000.000 last year on his 1099. He's in the trucking business and is an owner operator. I have never had this modified and feel it needs to be now. My X also plans to move up to NC soon to be with his girlfriend. He has stated his son is an embarrassment to him b/c of a brush with legal issues my son now has. He has been very verbally abusive to our son most of our sons life. Several witnesses to that fact. His girlfriend tends to drink excessively and has acted inappropriately while she was intoxicated in front of my minor son and his friend during their vacation. She has stated she does not like my son and the father needs to choose between her or his son. If he makes this move can I have this order modified. I do not want my 13 yr old son exposed to these unsafe and inappropriate acts. Our son doesn't want to be with him because of his language toward him.


Asked on 5/12/07, 11:57 pm

1 Answer from Attorneys
Gordon Nicol Law Office of Gordon T. Nicol

Re: Child support/visition modification

You have two separate issues custody/visitation and child support. If your husband is misrepresenting his income child support may be modified. As far as custody/visitation several factors go into a visitation arrangements, and visitation arrangement are modifiable based on changes in the situation of the parents and children. In either case the court needs to modify the support or custody/visitation arrangement. You should consult with a Florida Family law attorney for help with your situation.

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Answered on 5/14/07, 10:18 am


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