Legal Question in Family Law in Florida

My son and his girlfriend split up several months ago, they have a 20 mo old son with heart issues. They have begun court for time share and child support. The mother receives Social Security Disability on behalf of the child can the mother use this money to hire an attorney in effort to fight time sharing also is this money considered as her income in the parenting plan worksheet? Will the mother be required to get a job to support herself or will my son become the soul financial supporter. Mother lives with family childcare could be provided by family members on either side.


Asked on 1/19/12, 9:10 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

The child's social security is either considered income to the mother or is considered a direct deduction from your son's child support (if he doesn't end up with primary timeshare), depending on the circumstances. She is not required to get a job, but the judge will impute ("assume she makes") minimum wage for child support guidelines purposes if she refuses to work. If she does not work, she will not be able to claim daycare costs. If she does work, she is not required to use her family as daycare, and your son will be responsible for half the cost of the daycare.

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Answered on 1/25/12, 9:02 am


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