Legal Question in Family Law in Florida

My daughter died a year ago. She, my grandson (15) and I have lived together since my grandson was just 5 months old. Been divorced since 96 and father moved to NC. No contact until my daughter died and I asked for guardianship. He said no. I was awarded temporary custody for Tyler in Mar. Child support stopped at death of my daughter. Child Support tells me that his father is bound to pay until Tyler is 18. My attorney says no because he is receiving SS benefiits from his mother. What is the law and what can I do ?


Asked on 4/03/10, 9:29 am

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

I don't know of any reason why child support wouldn't be required, regardless of the SS benefits. SS would be taken into consideration regarding the total amount of income from both parties, but wouldn't act to preclude a requirement for child support from the father.

Read more
Answered on 4/08/10, 9:42 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida