Legal Question in Family Law in Florida

We are in Florida. I found out he had 5 other children, 3 open child support cases with about $30k in arrears so I never filed for support. He does not comply with the court on any of his open cases, yet has never been put in jail. In November 2010 he added my son to his DCF case so he could get Medicaid, (I had to say he had my son 51% of the time) because I don't qualify for assistance, and cannot afford the premium for the alternative.

My son was considered Special Needs with a severe receptive expressive disorder, and was not only put in PreK at 3 through the public school system focusing on language disorders, but we also attend speech therapy 2x a week outside of that.

Recently, his father and I got into a heated argument over whether he should help me pay for my son's 5th birthday party. To spite me, he warned that he would drop my son from his case so I would be responsible for all of his medical expenses, and he did just that.

Now not only will I have to discontinue his much needed speech therapy, but god help me if he gets sick. I submitted an application for child support yesterday. My questions are this:

1. Can I have an open child support case and still terminate his parental rights?

2. Do I need a separate hearing for custody/visitation court order, and if so:

Can the judge order him to get a job?

Can the judge put him in jail (based on his already non-compliance)?

Can the judge order my son's last name to be changed to mine at no cost to me?

Can the judge order him to provide medical insurance, and can that be his Medicaid?


Asked on 7/04/12, 1:35 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

You have a lot going on here. Were you ever married to this man? Is there any child support order in place? Assuming you never married, I suggest you go to the Dept of Revenue Child Support enforcement division, have them bring an action against the bio dad as to child support. If he wanted visitation, he would have to petition the court for visitation and provide a parenting plan. With that in mind, getting the child support will automatically put you on medicaid care for your son. On the other hand, if you were married, then whatever you divorce dissolution states is what you get for your child. If you have not filed for divorce, I suggest you do and request a temporary needs hearing for support for your child and yourself along with medical coverage for you both until the divorce is final and then coverage for your child. Since your child has special needs , you can request that he pay support until the child reaches majority at which time social secuity disability will provide funds for your child.

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Answered on 7/05/12, 5:57 am


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