Legal Question in Family Law in Florida
My daughter is 19 and a full time student in college. My son is 18 and a full time student in high school. ( He has Aspergers and ADD and I have taken care of all of his related medical costs , for several years.) Both children reside with me and never go even spend the night with their Dad. He does pay child support $289.00/month currently He filed a motion in December 2011, pro-se, to claim our son on his taxes and to get the child support decreased. In the final judgement, taxes were not mentioned and my attorney at the time told me, "you are the primary custodial parent and you get to claim them both on your taxes." I have done so , for all but one year, where I agreed he could claim them if he paid me the difference -but he did not pay it. It is now 2/27/2012. I have heard nothing about a court date. I need to file taxes before I can apply for their Fafsa's. I also need to do both of those before they can apply for certain scholarships, and before my son can apply to certain colleges! What will happen if I just go ahead and do my taxes now and claim them before a court date? My ex is very vindictive and doing this on purpose, but it is hurting the kids and their educational prospects in the process! Note: with this economy, I lost my job and cannot afford an attorney. I called several area legal aide offices and no one can help me because, " there are too many complaints and accusations from him on one motion!" And the pro-se department is not allowed to advise me!
Thank you so much. I want to do what is right, but I need to get my taxes done and get their fafsa's, scholarships etc..moving!
Sincerely,
K.Young
1 Answer from Attorneys
Did he get a hearing date. If not, request one ASAP.