Legal Question in Family Law in Florida

My ex husband just filed business and personal bankruptcy. He is also getting a divorce from his current wife. He states that he will no longer be able to afford to pay my child support but he says his wife (married 2 yrs and no kids) is entitled to 50% of profits (?) his business made while they married. Even though he claims not to have much assets currently, specifically to be able to afford the child support. He also has a son from a previous relationship and has custody (he is 17 and he got custody when he was 5). He refuses to ask for Child Support because she is unbalanced, etc... He says as long as he doesn't ask for support, he doesn't have to give her visitation. Questions I have is if there is some money, can it be set up in trust to be drawn on for child support before his soon to be ex-wife can take it? And can he be forced to request child support for his son while he is claiming he cannot afford and not pay my daughter's child support?


Asked on 9/08/10, 5:58 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

YOu have too much knowledge as to his situation. YOu only need to be concerned with your situation. If you have an order that states he is to pay child support then he is to pay the amount stated in the Order. If he does not, then file a contempt against him.

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Answered on 9/14/10, 6:33 am
Brent Rose The Orsini & Rose Law Firm

If he doesn't ask for support, then that's his problem, and he's wrong about visitation, but that's not your problem. The bottom line is that he has to pay you child support according to the court order, which, presumably, is according to Florida guidelines. If he doesn't, you should file a motion for contempt/enforcement.

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Answered on 9/14/10, 9:47 am


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