Child Support Case & Opposing Attorney

by Richard from Florida

I had a pay reduction in August 2009. As I could no longer afford an attorney, I filed for a modification through the child support enforcement.

What should have been a simple cut and dry case, my ex has an attorney and been fighting it every step of the way, even asking for paperwork from before the original order.

The state has informed me that my only right is to hire an attorney, and to write my congressman. Now its January 2011, and still no modification.

I'm barely able to support my two other children, while my ex is using my child support to keep an attorney. It's a disgusting system. What can I do?

Answer to Florida Child Support Question

Dear Richard,

Yes, it is tough when one side has an attorney and the other doesn't.

I'm hoping by now, both of you have filed financial affidavits based on your current income.

If a Child Support Guidelines Worksheet has not been filed in your case, or it needs to be updated, file one.

The Child Support Guidelines Worksheet requires financial information from both parents to complete it.

That form is available on the Florida Supreme Court's website, www.flcourts.org. If she has more income than you, you can request that she pay your attorneys fees in addition to her own.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Child Support Case & Opposing Attorney

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Child Support Questions
by: Jennifer from Fort Pierce

I have a 6 month old son. I reside in the state of Florida. Father resides in New Jersey. He has not seen nor inquired about his son ever. He and his lawyer are dragging their feet by not providing his income for the last 4 months (he is 43 years old and has been at the same job for the least 12 years). Originally he wanted periodic visitation. Now 4 months later he is asking for 50% visitation. Keep in mind he has never met his son, nor inquired about his health. My questions are:

1. Will the Court really grant his request?
--I doubt it

2. I would prefer just visitation until the baby is much older, then possible, if the father proves he is a good caregiver my son may stay overnight.
--This sounds like a very reasonable request to me.

3. Why is it taking so long for child support to be established?
--I don't know. Is DOR a party to this case?

4. Whats the normal time frame for child support to start?
--As soon as the court orders it. --Staff

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