Legal Question in Family Law in Florida
I've been separated since Sept. 2012 Husband paid little over $1,000.00 in Oct. and Nov. of 2012 and zero since. I have 3 children -17, 5 and 7. Husband takes home around 3-4 times salary per week than I do. If it wasn't for a friend providing board I don't believe we could make ends meet. My husband claims his lawyer tells him not to pay any child support unless the courts decree it. Hard to believe that anyone would advise a father to not support their children. My huzbands been getting the children every other weekend for months and wants them for app. 6 weeks this summer. He drinks to excess, had a DUI last yr. and others smoke in the house. My children have asthma. Do I have to let him have them?
4 Answers from Attorneys
Your case is far too complex to be answered in an online forum like this. you need to speak with an attorney and go over all the facts of your case.
You should be seeking relief in court.
I agree with Mr. Rose.
If the marriage is over, then it is over.
In addition to child support, depending upon your comparative financial situations, and length of the marriage, he might also have to pay you alimony.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
Contact me to schedule a no obligation office consultation. While telephone calls, and email responses, are encouraged, please do not send text messages.
Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
You have to go to court to enforce your rights and to have the court assess the correct amount of support for you and the children.