Legal Question in Family Law in Florida

non custodial parent with custody

I am the non custodial parent of my 10 year old daughter. She however was removed from her mother's home in March of 2007 by CPS due to neglect and unfit living conditions. After further review of the whole situation it was found because she voluntarily stated my daughter could come live with me and not have to go to the state they didnt have to process any external paper work to me. However I currently pay child support and have exhausted every means in trying to get the child support stopped because my daughter now resides with me. CPS states there is no paperwork regarding the transaction to give to Child Support Enforcement and Child Support Enforcement is stating without the mother's consent or paperwork from CPS I cant stop the payments. The mother is refusing to respond as well as visit our daughter. Is there anyway the child support can be stopped so I can afford to start the process of child custody.


Asked on 10/10/07, 5:39 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: non custodial parent with custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You will need to file a Motion for Modification of the child support order. You will probably have a much greater chance of success if you hire an attorney. Based on the facts, the court should grant your request but be prepared in case mother rescinds her voluntary agreement for the child to live with you and a battle to ensue.

Scott R. Jay, Esq.

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Answered on 10/10/07, 10:42 am


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