Legal Question in Family Law in Florida
interstate child support
Mother in FL, Father in AK. Last marital home=FL Was served divorce papers but father never answered. Can the judge order child support if jurisdiction was never established on the father? Divorce and child custody were granted but judge said he had no authority to enforce child support. Can this be true? Wouldn't it mean a deadbeat dad could just run away and not answer the court? It's 2 yrs later (he now owes $46,000) and Alaska says they won't charge him the arrears only establish a child supoort order! What can I do? I can't afford a lawyer.
1 Answer from Attorneys
Re: interstate child support
Florida law says a father (or any parent from whom child support is sought) has to have "minimum contacts" with Florida before he (or she) can be sued in Florida courts for child support. "Minimum contacts" means he pretty much has to live here. Actually, almost all lawsuits work this way, not just child support lawsuits. Custody and divorce lawsuits are a rare exception to the rule.
"Deadbeat dads" can't just run away from the state, though. You just have to sue them in the state where they live. There is actually a federal system set up between the states so that custodial parents can sign up in their home states (Florida, in your case) to seek out noncustodial parents in the other states (Alaska, in his case). You can contact the Florida Department of Revenue to help you. There is no cost to you for this service.
Or, even better, you can have an Alaska lawyer sue him directly in Alaska. I don't know how far back you can go on child support in Alaska but Florida, for example, allows you to go back two years. An Alaska lawyer may also tell you that the courts of Alaska will enforce the entire $46,000 arrearage that is due ccording to the Florida court.
You're not out of luck and the father probably isn't getting away with this. You're just asking the wrong judge.