Legal Question in Family Law in Florida

Must I pay for ex's visitation when he is not paying child support

My husband and I moved to Florida from Iowa a year ago. When we moved my ex-husband and I mediated a legal agreement that I would pay for the kids to come to see him either Thanksgiving or Christmas (alternating years) and spring break and he'd pay for summertime. He is now almost 2 years delinquent on child support and does not provide health insurance as he is supposed to. I cannot afford to pay for the kids to come the 2 times a year I am supposed to. If I make the kids available to my ex for the designated times but through his own expense will I be in trouble legally? I can't imagine a court making me pay for him to see them when he doesn't pay child support.


Asked on 10/01/06, 4:59 pm

2 Answers from Attorneys

Sharon Pettway Law Office of Sharon T. Pettway, P.A.

Re: Must I pay for ex's visitation when he is not paying child support

Was the mediation agreement incorporated into a final order in the state of Florida? If so, you can always file a motion for modification of the terms and enforcement of the order. Meaning, you can explain the circumstances to the court and ask for 1. enforcement of his financial obligation, and/or 2. modification of the visitation arrangement and financing. You can go the clerk's office in the county where the order was entered and they should have forms for you to fill out to file a motion to modify the final order, or you can retain an attorney to handle this for you. Good luck.

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Answered on 10/02/06, 10:42 am
David Slater David P. Slater, Esq.

Re: Must I pay for ex's visitation when he is not paying child support

Seek to enforce your support order and modify the visitation order in court. Do not ignore the order.

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Answered on 10/01/06, 6:27 pm


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