Legal Question in Family Law in Florida

Never Divorced ,living in seperate states,both want divorce

In 1990 court ordered support garnished wkly.Recieved for about a year.Husband became employed

in other ways.Applied for AFDC in Fla.where I lived at the time and collected for about 1 year 1/2.In 1993 I moved to Maryland letting other parent know and have info.to contact his sons.Unfortunatly he never did.The support of course I gave up on and resolved myself to self support over the last 7 yrs.

However recently I have been made aware of his new business in clwrter FLA.He is paying support biweekly and is asking for a divorce.Im unsure of Fla law and my precense needed for this.He is not looking to change custody ,but I am looking to update support.

HELP! desprate for answer for quick action before he disappears agian.


Asked on 7/20/00, 10:25 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Never Divorced ,living in seperate states,both want divorce

You can file for an increase in child support in your county in Maryland, and for arrearages on the old support order. He will not have to come to Maryland for a hearing, but the child support people in Clearwater will call him in to determine how much he should be paying. You do not need to go to Florida to respond to his divorce action there, but I would advise you to keep an eye on what is happening so you don't end up with a terrible surprise when the divorce is final. If he has filed for a divorce in Florida and there is any issue involving the children, you might be able to have the case moved to Maryland. You will need to consult with a Maryland attorney about this. I can't answer questions about Florida family law, which is undoubtedly different from Maryland law, but I suspect that if there are no issues in dispute other than child support you could probably execute a separation and property settlement agreement which would make the Florida divorce quick and easy and would protect your interests. Again, I would suggest that you consult with an attorney about this.

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Answered on 9/12/00, 5:56 pm


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