Legal Question in Family Law in Florida

Not exercising visitation after mediation

We have a very difficult situation my husband has a 2 yr that he has shared custody of we get the child every Wednesday night and every other weekend from Friday after school until Monday morning drop at school. We are having such a difficult time with the child mother. We are not wanting to exercise our visitation rights at this time, but are worried of the ramifiactions of this, in mediation, they agreed to 40% of the time he would be with us and the child support reflected that. If we no longer exercise our visitation can she take us back to court for more child support? We questioned one time about getting the child supported lowered when she took him out of daycare, but it is only $47.00 per moth so they would here it. Any advise would be great. This mother is all about the money!!!


Asked on 6/09/07, 2:37 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Not exercising visitation after mediation

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Many factors are taken into consideration in the child support formula. If you give up your right to have the child 40% of the time and this was factored into the equation, then the mother certainly has the right to go back to court and ask for an increase in child support.

Scott R. Jay, Esq.

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Answered on 6/09/07, 3:19 pm


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