Legal Question in Family Law in Florida
Questions on time with child
I the father am the non-custodial parent(child is 5). When court papers were done 4 and half years ago. Both parents agreed on the guidelines, both signed and turned in.
Father was to have child tues, thurs after school until 8 and then return to mother. and every other weekend.
Mother has let father have child over night both tues and thurs and every other weekend, for the past four years now a confilct has arise with father and mother and mothers new husband. and now she is refusing to let father have child over nights like she had been letting him.
Is it possible to have it submitted to the court since she had been letting him do this for years to continue? or just go for 50/50 seeing how that what she was doing? and mother stated she wouldnt do 50/50 for the fact she would loose child support.
Which brings me to when child support was figured mother did not work regular job not telling the truth on income, but now is married and has a regular incomed job. And also this portion was not seen by a attorney mother wrote down a figure and I agreed. Since mother has attained a good legal job and gotten married. Also
Does my child support have the chance of being changed with another child coming?
1 Answer from Attorneys
Re: Questions on time with child
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.
Yes, you can go back to court on a motion to enforce the terms of the visitation. You can also file a motion to modify the child support based on a substantial change of circumstances due to the mother working. Please bear in mind that the added income will be offset by an added total child support. You would be wise to calculate the child support before filing. A worksheet can be found online at:
http://dor.myflorida.com/dor/childsupport/guidlines.html
Good luck.
Scott R. Jay, Esq.
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