Child Support Unemployment & Other Considerations

by Paula from Lake Worth, Florida, Palm Beach County

I have been divorced for 3 years. I was a stay at home mom for 18 years. When I divorced him I could not get an attorney.

I left with nothing but my clothes and our 3 girls. He made $65,000 a year. I did not know he had a retirement fund or anything. I gave him the house and furniture.

Well, after a little while I lost my job and couldn't take care of my girls. He paid me 800.00 a month in child support. That was all he said he can afford and I accepted that.

Well eventually I had no where to go so I moved to south Florida 300 miles south to my moms. I found a job and my teenage sweetheart. We married and I am now pregnant with our baby. Then I lost my job and am now again on unemployment.

First... Can he make a claim against me while I am on unemployment? Can he get any back pay since I have never been ordered to pay in the past? He now says he won't drive half way for me to see my girls (5 hours one way) and I can't afford to drive to see them at all right now (they are 12 & 14) can I make him?

Finally, he never took me off the mortgage but did take me off the deed of our home, I got no alimony because I had no attorney and have been in poverty ever since our divorce. Does this account for anything? I have no $$ for an attorney.

Answer to Florida Child Custody Question

Dear Paula,

Yes, he can file for child support even though you are collecting unemployment.


But, remember child support is based on both parent's incomes; so his income will be taken into account along with your income.

The fact that you will soon be supporting another child will also be taken into account.

Sometimes judges will award retroactive child support, but from what you've told me it is doubtful that will happen in your case.

You have a right to see your daughters, but it sounds like you were the one that moved 300 miles away, and I don't think a judge will require him to pay all transportation costs, but you can certainly ask the court to consider a fair solution.

The fact that you remain on the mortgage note, but are not on the deed to the house, probably will not matter unless he defaults on the mortgage.

If you quit claimed the house to him when you divorced, but he never sold or refinanced that house, then he can sell it or refinance it without you. He owns it; and you both owe on it. If he is making timely payments on the mortgage his payments will show up as good credit on your credit report.

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.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

You Are Here → Home › Child Support FAQs › Child Support Unemployment & Other Considerations