Legal Question in Family Law in Florida
FATHER needs HELP
In Feb of 2003 my ex took me back to court in florida where she resides i live in New York.She claimed that i did not pay her child support for my two children.she claimed i did not pay her for two years unfortunatly i could not get to florida at this time because i also have custody of two of our children.And i could not defend myself.I DID PAY AND ALWAYS PAID MY CHILD SUPPORT AND HAVE PROOF OF THIS.I have copies of money orders with her signature on them showing she had cashed them.But anyway because i did not fight this she was awarded $7000 in attorney fees and $14000 in arrearages.Is there something i can do about this.Can i claim that she commited fraud on her finiacial affidavite.and get this case reopened?What can i do now please help.
2 Answers from Attorneys
Re: FATHER needs HELP
Chances are, your time for appealing the Florida decision has expired.
The Florida Court may not have obtained jurisdiction over your person and property, which may provide you with an opportunity to VACATE the Florida Jdmt and start fresh.
You may also be able to address the particulars of the Florida judgment, when your ex or the Court's seek NY enforcement of the judgment.
But, if you had proof of payment, why didn't you participate long distance? Most family Courts permit telephone communication, and permit presentment of out of state evidence, even by fax. And, why did you wait a year to begin questioning what you could do to remedy your problem?
What written or Court ordered arrangements do you have for your children? You need one; and that would be controlling.
You really need a consultation with an attorney, if you are confused. You also appear overwhelmed, so you probably need other kinds of help as well. GOOD LUCK,
PHROSKA L. McALISTER, ESQ
Re: FATHER needs HELP
You will have to go to Florida to attempt to reopen the case.
Daniel Clement
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