Legal Question in Family Law in Florida
I wanted to ask what is it that my brother can do about reducing his child support payments and possibility of getting full custody. I know that she is collecting unemployment for a while now and before that she worked at a child daycare. She is moveing in and out of peoples homes for a year now since she dont have her own place...so this worrys us because where is it that he sleeps and we dont want something happening to my nephew in others homes and well her girlfriend is known to be smoking weed all the time as well as she is...super bad for my nephew. My brother works for my dad in carpet and is making ends meet to pay his own bills and the child support. He pays $300 a month for child support but 1/2 the time the child is with him...well with our mom..since my brother lives with our parents. The mother of the child drops him off at my moms even when my brother isnt there. My mom is at an age she cant keep up with a child..he is 4 yrs old and my mom has to stay up the nights he is there because he crys all night long for no reason...and my nephews mom drops him off saying she will back for him that day and leaves him there for like 2-3 days during the week without any clothes or calling to ask about him. My mom will try to reach her and she doesnt answer most the time. Also the child is 4 and my brothers best interest for his son would be for my nephew to be in school. We also dont know what she is using that money towards because my nephew is still wearing clothes from like a year ago that barely fits him and has stains and holes and the shoes that he wears are falling apart.What is it that he can do for my nephews best interest and well reduce his payemtns? Shes been out of state for 2 months now and we havnt seen my nephew for that long and she still collects child support...is what shes doing legal?
1 Answer from Attorneys
Does she have a court order allowing her to remove the child from the state of Florida. If not, you need to get an order to bring this child back and put her in contempt of court. It is nice that you want t help your brother but this is a situation where he needs an attorney - with what you have said there is no reason he does not have full custody of this child.
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