Legal Question in Family Law in Florida

divorce

My husband filed for divorce several years ago, I of course obtained an attorney. Between the threats and him never showing up for our mediation because he knew he would have to pay child support, he backed out of the divorce gracefully, by using the maritime law. It's been years, not a dime from him in support or anything, in fact, I gave him all my furniture and house hold items when I moved out of state a few years ago. ( I have recently moved back to Florida). I have both our children and I have supported them with no state help or help from him ever. We live in different counties. He recently filed for SS and is not working. He wanted to get back with me and I told him no, I guess I made him made so now he wants a divorce. He filed a petition for Child Support on me, (I have the kids) and I found out I might have to pay him alimony because I make more than he does. I make a whole 13 an hour. I barely make it rent and bills every month with the kids much less pay him alimony. Is this true, can this happen where I have to pay him child support and alimony? He choose to quit work and file SS, He has never had the girls and in fact it was me who paid and raised his two other children on my own.


Asked on 2/25/09, 3:32 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: divorce

Unless he has the kids over 40% of the time, it's impossible under Florida's guidelines system for you to have to pay child support to him. (Of course, nothing's impossible in our legal system, but I don't think you have much to worry about.) In fact, it's very likely he'll have to pay child support to you, even though he may be going on SSD.

Also, given that you've been separated for years, and given that you don't make much, I think it's extremely unlikely you'll have to pay alimony.

If you're in the central or west-central Florida area, call me and we can discuss it.

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Answered on 2/25/09, 3:40 pm


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