Legal Question in Family Law in Florida

I am owed over $ 9,000 in back child support from a 2002 divorce agreement. The monthly amount of $1,000 has not been adjusted for 6 years even though he has earned over $70,000 a year.Our initial agreement was 1,700 which was adjusted due to him claiming he lost his business, but has worked for a company for the last 6 years. We have 2 children 12 and 13. and according to the decree he is responsible for paying half of uncovered medical bills which amount to $5,000 now.He is supposed to have them 3 weekends a month and spends maybe 2 days a month with them. He is also supposed to pay for after school and doesn't. can i ask for the adjusted amount when established going back for 6 years,( retroactive?) as well as uncovered medical bills and extra curricular, even though i haven't send him the bills just told him about it. Also can i ask for higher child support based on the fact that i occur higher expenses due to the fact that he doesn't spend time with them. He works in another state for 3 weeks out of the month, how do i serve him , i tried sending it to his address before and the guards wont let anyone through, they claim he is out of state even if he is home.He claims single one on his check and claims 1 child each year, which i think is illegal since he owes back child support.I have tried garnishing his wages but the owner of the company he works for is his friend and the payments were send very late , and never the full amount.Do i have a chance in court or will the judge question the fact that i haven't filed for adjustment on 6 years, i didn't file because we lived in another state and didn't know how much he was earning until i moved back to Florida where we both reside now.Can my son at 14 testify, or should i ask for a guardian ad litem since the non custodial is an alcoholic, has Dui's and drinks when with the children.I don't need to ask for sole custody since non custodial doesn't want to spend time with the kids, i just want to force him to enter alcohol abuse classes and parenting classes.


Asked on 9/26/10, 8:15 am

1 Answer from Attorneys
Carolyn Jones Law Office of Carolyn R. Jones

You packed a lot of information into one question. But briefly you should file a Motion for Contempt since he owes you child support and has not split the medical costs as previously agreed.

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Answered on 10/01/10, 9:49 am


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