Legal Question in Family Law in Florida

Reversal Of Child Support

My wife is currently paying child support to her ex husband Whom has not had nor provided any care for their 2 children in the past 2 1/2 years. We have provided for all there needs yet she is still required to pay child support. Is there any advice that you can give me to help eliminate or a path she needs to follow to reverse this decision??


Asked on 1/07/05, 11:27 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Reversal Of Child Support

A court proceeding to modify may be in order. Further information is needed.

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Answered on 1/07/05, 12:21 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: Reversal Of Child Support

Dear LawGuru Friend,

I did not read David's answer to your question, but I am going to provide mine and then read David's and see how close we came. Here's mine: You say your x-husband does not have actual physical custody of the child or children and is providing no support to the child or children. Then, if so, you should not be paying your x-husband any money; however, you should immediately file a petition with the court to have yourself named the legal custodian of the child or children and to terminate your legal duty to pay your x-husband child support; and at the same time you should seek to have the court to render a judgment ordering your x-husgand to pay you money for child support, as you will be the legal custodian of the child or children. Now I'll go read David's answer and see how close we came to answering the same thing. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, Louisiana

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Answered on 1/08/05, 8:57 pm


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