Legal Question in Family Law in Florida

divorce

In a pending divorce agreement, does the wife need to get a job in order to contribute to the support of the 4 children or does get to rely solely on the husband's income?

Secondly, what are the effects of a mother witholding a child from visitation with it's father during separation?


Asked on 6/04/09, 12:34 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: divorce

As far as child support calculations are concerned, if the wife doesn't get a job and she is capable of working, she'll be attributed an income just as if she were working. If she's worked in the recent past regularly or if she has a degree or something like that, she'll be attributed the income she should be making. If she hasn't worked recently or has no skills or degree, she'll be attributed minimum wage.

A mother cannot withhold visitation without reason. The father should seek a court order, probably an order of temporary custody ("majority timeshare") or visitation, if the divorce is pending.

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Answered on 6/05/09, 10:39 am


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