Legal Question in Family Law in Florida
I am the primary custody parent of my children and I am divorced from their father. We share custody and I live in florida and he lives in Illinois. I am between hearings of a motion for contempt/enforcement because their father is not paying child support and failed to refinance a vehicle that is partially in my name as required by the final judgement. At the first hearing for the motion for contempt/enforcement, my ex indicated that he was unemployed and that is why he cannot pay child support. The judge will be dealing with this issue on 3/20/13 but the kids are supposed to go to chicago on 3/22/13 for a week and again in june for 8 weeks. I am worried that their father will not be able to provide adequate support for them while they are there since he is already unable to pay child support. Can I file for a modification of the custody agreement to prevent them from going?
2 Answers from Attorneys
Though i certainly understand your concerns, the grounds you have outlined here does not sound sufficient to warrant a change to time sharing. Though he may be unemployed or lacking sufficient funds to pay support as Ordered it does not necessarily mean he is not able to feed the children when they are with him or supervise them sufficiently.
If you argue and present evidence that he is deed in a dire situation and that the children will suffer if they visit, you will perhaps support his argument that he cannot pay support or refinance the vehicle.
I would advise you to have an attorney present for the hearing.
Non payment of child support is not a valid legal reason to withhold his time sharing with the children. Contact my office for free consultation 727-446-7659
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