Legal Question in Family Law in Florida

Hi. I am the residential custodial parent of my two young daughters. I am legally blind and recieve social Security Diability for me and my two daughters. During the mediation session for my divorce, I agreed to give my ex wife one of my daughter's check each month, which is $285.00 per month. I agreed to this because I was just trying to avoid an argument and wanted this to be over. In the divorce papers, it also says that my ex wife is suppose to get my daughters every Tuesday and every other weekend, as well as a week at Christmas, 4 days at Spring Spreak, and during the summer.

She complied with this order for maybe a couple of months. However, during Christmas she called me after 2 days of having them to come pick them up and that has been the last time she has seen them. In January she moved to GA. I have not been paying her the money because we made an agreement since she is not here and is not taking the children like she is suppose to that I do not hav eto pay her. However, she is moving back to Florida in two weeks. Am I still legally bound to pay her the money even though I have the kids 98% of the timw? It is so backwards on why I have to pay her...she should have to pay me child support. She does not have a stable residence. She has moved 4 times in the last year, living with 4 different men. She has not worked in a very long time. Am I just suppose to had my daughters over to her for the whole summer even though she has no money to care for them and while she's living with another man? I need help! What would I have to do to legally cancel the support I have to pay and get it reversed?


Asked on 5/16/11, 10:18 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Based on the facts presented in your inquiry, it will be necessary for you to pursue a

Supplemental Petition for Child Support and Parenting Time arrangements. Revising your marital settlement agreement regarding child support, custody, visitation, and other issues must be approved by a family court. Perhaps you have a local organization which helps with such matters; representation by an attorney who can advise you re legal options and procedures is important since it appears you may be dealing with a changing and uncertain situation.

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Answered on 5/16/11, 11:04 am


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