Legal Question in Family Law in Florida

My ex and I separated when my daughter was 10 months old, she will be 4 next month. Since the time we separated he has made a total of 3 payments to the daycare and never paid a dime in child support. We tried to reach a mutual agreement however he still refuses. I filed for child support in June 2009 and he was not served until March 2010. He said he sent the paperwork back in, but I don't believe he did, because in August they closed the case without giving any notification as to why. I had complied with everything they requested from me, but I can't say the same for him. 2 months ago I made a foolish decision and ended up getting a DUI. I have never been in any legal trouble before, but unfortunately I am now on probation. I am afraid that if I try to pursue legal action in receiving child support that my ex will be able to take my daughter away from me. Is this possible? I need assistance paying for daycare, due to the fact that I just got a new job, I don't believe I will be eligible for government assistance with the daycare, and it costs $800/month. I am unable to find a cheaper school in the area because of the fact that I have no car and can't drive to another city to put her in a less expensive school. Every time I ask him for help he says that it is not his problem, I was the one that left and so therefore I am the one responsible for taking care of our daughter. He then continues by saying that if I can't handle it than he'll take her. Every time I mention court and child support he says there is no way for me to win and he'll end up taking my daughter away. I don't want to lose my little girl.. what can I do??


Asked on 10/21/10, 4:39 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you return to the child support enforcement division and find out why the case was dropped. AS to the DUI - this is a first offense and as long as you are complying with the probation rules you should be fine. If you had a history of alcohol related instances then you would certainly have some issues with the court. The fact that this child is now four and he has "unclean hands" - meaning not paying for child support - coming to court now would be good for you and not so good for him.

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Answered on 10/26/10, 6:43 am


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