Legal Question in Family Law in Florida

My husband's teenage son moved in with us back in August. However, after the Dept. of Revenue/Child Support Enforcement office terminated the child support my husband was paying, the boy's mother threatened to take my husband 'to the cleaners' in the event she ever took the child back (no court orders for custody, just a personal arrangement). We just found out that she is coming to Florida for Christmas, and we fear she may take him back to Missouri with her just to get her support payments back.

I am in the process of opening a business - an LLC Daycare Center. My husband will have no part of the day-to-day operation, and will not work there aside from helping me with the initial setup (before first day of business). If I were to exclude my husband's name in all of my business paperwork, will that protect my profits from the boy's mother? Or does the mere fact that we are married entitle that income/profit to be considered for the purposes of child support?


Asked on 11/29/09, 6:38 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

She has no rights to your earnings.

Your husband should consider filing here in Florida for custody and have her pay support.

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Answered on 12/04/09, 9:05 pm
Lucreita Becude Lucreita D. Becude, P.A.

She has no right to your earnings. File a Petition for custody, child support and visitation here in Florida and get this matter settled.

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Answered on 12/07/09, 10:48 am


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