Legal Question in Family Law in Florida

unemployment - CS
I have a year old baby who I haven't seen in a year. I keep asking my ex to visit, she says yes but that the baby takes several naps and goes to bed early. I'd be traveling about 2000 miles to visit so I want the most time with the baby I can get. Anyway, I have not visited in 1 year except to see the birth b/c I feel like the mother is being unreasonable about the naps/bedtime (and she says I can only visit 6 hours/day).

The mother did not ask for support, I served her b/c I want some form of custody so now b/c of that service I have to pay CS.

I worked for about 6 months after the baby was born and have been unemployed since (due to DUI I lost my license and cannot get to job).

The CS order will be in place within the month so I want to know what to expect when I go to court.

1. will I have to pay back CS from the birth?

2. If so, will this back CS be based on what I was making then or my unemployment status ($0) now?

3. How much will I have to pay if I am unemployed and not making anything?

4. Is it better for me not to go to court and just let the DOR chase me?

Asked on 1/23/08, 12:38 pm

Brent Rose The Orsini & Rose Law Firm

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Re: unemployment - CS

1. CS can go back two years from the filing of the child support petition.

2. You will probably be attributed minimum wage since you are not working.

3. Your child support will probably be $239 per month plus some for back support plus some for health insuance and daycare, if applicable.

4. It's always a bad idea to miss court.

Last, consider filing a paternity action so that she is ordered to give you visitation. Don't ge pushed around like this.

Answered on 1/27/08, 11:35 pm

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