Legal Question in Family Law in Florida
I am disabled. 6 yrs ago before being disabled, I was ordered to pay child support. I paid when I could. Now that I am disabled & receiving SSD, my ex-husband who has custody of my son, I can't work. Since being unable to work & pay support, my ex has stopped all contact between my son & I. I filed a Motion for Contempt of Court for the visitation part. I also went to the child support office & gave them my disability documents & they deemed the case closed as far as collecting the payment, but I will still accrue the debt, but wouldn't lose my license or anything.
My ex is now stating that he is going to request my license to be suspended & possible jail time, because I filed the motion of contempt against him not letting me see my son.
Can he do this? What will happen with my license? Can I have SSD take child support out of my check?
3 Answers from Attorneys
You need to promptly pursue a supplemental petition for downward modification of child support.
Child support and visitation are treated as totally separate matters.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
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Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
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Law Offices of Elliot Jay Goldstein, P.A.
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Tampa, FL 33609
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Due to your change of circumstances , the court may modify your support obligations. You should petition the court for such relief. As Mr.Goldstein stated, support and visitation are separate issues.
Your ex is a bully. the court system is there is help you not punish you. The issue is the best interest of the child. Removing him from visitation is not in the best interest of the child nor is being ugly about a matter that you can not help (ie disability). Good Luck and stand up for your rights.