Legal Question in Family Law in Florida

okay a friend of mine has custody of his 8 year old son, and his ex wife has custody of their 7 year old daughter. now five years ago she gave him back their son, and in 2006 less than a year after she had given him back to him she filed for child support on both children. now four years later the money is coming out of his check, and he still has custody of his son. what does he need to do to either stop and get the child support correct where she pays too? or to have it neutralized. he doesn't have a computer and doesn't know child support laws so i'm doing my best to help a friend. he is also on a tight budget and doesn't think he can do anything about it because all his money goes to bills, and wouldn't be able to pay for court fees. what all should he do to correct this problem?


Asked on 4/20/10, 6:04 pm

1 Answer from Attorneys

Carolyn Jones Law Office of Carolyn R. Jones

First things first, your friend needs to request a hearing at the Department of Revenue/ Child support enforcement office. He needs to do that as soon as possible. He would need to provide proof of the time that his son has lived with him so he can get credit for his care and he won't owe back support also the fact that he has him will prevent him from having a current obligation. As for the daughter he would still have a support obligation for her. And his wife would have one for the son. There is a way an agreement could be worked out so that neither party has to pay support since they are both taking care of one of their two children. Keep in mind that your friend was never been granted actual custody by the court and that court assumes his wife has custody of both children. He will also need to request a Modification of child custody. All of the forms for this are available online at flcourts.org Your friend should try and to go to the local legal aid office and ask for assistance.

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Answered on 4/28/10, 8:43 am


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