Legal Question in Family Law in Florida

My husband walked out on me and his family of a 3 1/2 year old 1 1/2 year old and a newborn he has never seen. He went to live with his mother and has not looked back. I have placed child support with the welfare department and it has been 3 months and still nothing heard of as of yet. He left me with a broken down car that can not be fixed as it is rusted out so badly a piece of junk. I don't have any money coming in at this point, I have no way of getting a vehicle, I have a case worker who set me up for child care for 2 of the kids yet I have no means of transportation to get them there, they cost $49.00 a week in which I can't pay, my husband that abandoned us says he will not pay it. He is not contributing anything at all including any of the bills to the home. I am trying to find a pro bono lawyer to help me and in my case I called the one nearest to my home in which they said they are full of cases and can't help me. My husband says he won't help and in time I will have to give him my babies, the same babies he walked out on. Where do I turn, What do I do, What are my opptions. I am lost. Thank you for your help in my terrible situation.


Asked on 9/30/09, 12:56 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

First, beg or borrow the money to hire a lawyer to file for divorce or legal separation. Legal separation is harder to file, but will sometimes get you temporary child support and alimony more quickly.

If you can't get the money for a lawyer, you are on your own. Go to www.flcourts.org and download the forms to file a divorce. Do your best filling them out. Make sure to ask for "majority timeshare" (custody), child support, and alimony. Take the forms to the clerk and file them. Ask for a payment schedule on the $418 filing fee. It's up to the clerk to allow it. You will also have to pay a service of process fee of $35 or so.

File a motion for temporary child support, temporary alimony, and attorney's fees to be paid by your husband. Some counties require that you do mediation before you can get temporary money. That's a shame, but that's how it works.

Get a job. Yeah, yeah, no car, no day care, I get it. I know this is tough, but you married this scumbag, and this is what happens. We all make mistakes, and this is your oppurtunity to be strong for your kids. No excuses. You can be more than you were before, and you don't need this piece of garbage who walked out. A new life starts today.

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Answered on 9/30/09, 1:15 pm


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