Legal Question in Family Law in Florida
I moved out June 2008, my final dissolution of marriage was executed in December 2008. Some of the details of the agreement are as follows:
-Joint custody of 2 children (ages 9 and 3) is shared 50/50.
-The children�s� visitation schedule follows my ex-husband�s work schedule. He is a deputy sheriff and works 15 days on/15 days off per month. I have the children on the days he works; he has the children on his days off of work. The rotation occurs every 2-3 days resulting in, what I have discovered now to be an incredibly disruptive pattern in the children�s� schedules.
-No child support is paid by either party.
-Debt was divided and distributed equally.
-The house was Quit Claimed Deeded to my ex-husband. The mortgage was in his name only and 5 months behind as of the date I moved out.
-I received � of his pension amounting to approximately $11,000.
-His financial obligation to the children is to maintain health insurance and pay � of my son�s daycare expense which is $45.00/week.
He has now furnished me with a letter stating that I perjured 3 financial affidavits by excluding my $1,400 retirement from a previous employer. He has also stated that unless I agree to assume the entire expense of my son�s daycare that he will sue me, not for the amount of the retirement but for the perjury. I have not reviewed my financial affidavit but I have reviewed the final decree in which it states in at least 3 paragraphs that upon execution any current/future rights, claims etc. relating to the retirement fund are hereby waived. In addition, I submitted pay stubs in the discovery phase which were reviewed by council for both parties and my retirement was noted on those pay stubs. My question is what recourse does he have, if any? Based on other behavior patterns such as multiple live in partners, attempts to defame my character and things that my eldest has expressed to her friend, what is the likelihood that I can petition for primary custody, which is what I should have done initially. I chose not to due to threats and intimidation by him. I want to provide my children with some consistency and do not see that happening currently. My fianc� and I have established a home and consistent care for the children. They have seen me with 1 partner and experienced normalcy in the environment which I have created for them. Any information provided is greatly appreciated. Thank you!
1 Answer from Attorneys
Tell your ex to sue his attorney for malpractice as it was his attorney's duty to cover the retirement during discovery proceedings. You are not responsible for anything. You gave the information required. AS to the children, I suggest you file for a modification of child support, custody and visitation. Either go back to your original attorney or seek the advice of another asap.
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