Legal Question in Family Law in Florida

i divorced in 02 with joint custody of my 2 sons although their primary residence was with their dad. i began paying ch supp at that time. in 03 our oldest son came to live with me full time. however, i cont to pay ch supp for both b/c their dad would not have it modified. i was told i would have to take him to court. i finally saved the $2500 recquired to hire a lawyer in 07. we went in front of a judge and she terminated the ch supp. order. NOW i get a letter from DOR stating i owe $8300 in supp dating back to 07. i took the letter to them and they say the term order was never filed by the lawyers(im still waiting for him to return my call), and that he has filed for services again in july(09). they also talked to me like i was some dead beat parent trying to get out of paying.in 08 me,my ex and our lawyers had a mediation and all agreed he should pay me back the $ i paid him during that time($8500) but he refused to agree on any plan so it was an impasse. im not surprised he has requested services again since the son who came to live with me was 18 in feb. This man has a lot more income than i but hes never reported his true income even when we were married.He actually listed my son as living with him to get medicaid for his household even though my new husband and i already had full health ins on him through my husbands work.i think he finally took him off when their new baby was born b/c they didnt need him anymore to qualify. isnt that fraud? i have also been made aware that their dad STILL puts me down almost daily and that his ringtone for me is pretty nasty. what are my options? if i do finally talk to my lawyer and find out the order for termination was never filed by him is it too late even if the judge signed it or will it clear me atleast from 07 til now. i am beside myself worrying what their dad will do next. he has ALWAYS gotten away with anything he wants to. he has had about 5-6 investigations with DCF re abuse. only one by me, and that was because his own family and a former teacher ,who also reported him one time, were supporting me. would you believe the investigator NEVER even called them for an interview? that was a big waste of time. i need help. does this happen often? i feel i have no rights and i am their mother. im supossed to have 50-50 say so in education(hes changed schools about 3 times w/o my prior knowledge), religion, and medical(im not even sure who all his doctors are) ok enough rambling, im just very anxious. thank you for your time.


Asked on 11/12/09, 4:11 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

YOu have a great case of legal malpractice if what you say is correct and the order was never prepared, signed and filed. I suggest you contact a legal malpractice attorney - they work on contingency. as to the other problems you are having , you need to hire a family law attorney so that you can modify your original order for custody arrangements.

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Answered on 11/19/09, 9:54 am


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