Legal Question in Family Law in Florida
My son's mother and I never married. We have no court case filed in regards to custody or visitation arrangements, however, there is a case for child support through the Child Support Enforcement/Department of Revenue. There is an income deduction order, as well, and I pay around $250/month.
This month, my son has come to live with me - for good. He no longer has the option to move back to his mother's house due to mental health problems she can't deal with. However, the support is still coming out of my paycheck and I'm having a hard time getting the mother to turn around and send it back to me (or for that matter, drop the support case).
If I give CSE a copy of my son's school schedule and a note from his guidance counselor verifying he does, indeed, live with me in FL and not with her out of state - will they make the necessary changes to my court file so that the support is no longer deducted from my paycheck and sent to her?
Also, will they automatically swap out the payor/payee in the case and hold her accountable for that same amount to be paid to me in support... or do I need to request that seperately in a new CSE case?
1 Answer from Attorneys
CSE is occassionally helpful but usually not in a circumstance like yours. Even if they did what you want, it wouldn't be legally correct, and she could just come to school or your house one day and just take your child. The right way to do things is to file a Petition to Determine Timeshare, which will establish you as the primary custodial parent and will cause a judge to issue an order to CSE switching payors and changing child support to the proper amount.
It would be very wise to get a lawyer to help you.
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