Multiple Child Support Issues

by Carol from Greenville, South Carolina

Multiple Child Support Issues:
When my husband and his ex-wife divorced, the ex-wife misrepresented their earnnings.

They separated because he could not stand her; she divorced him for drug addiction.

They have an 8 year old son who has an eating disorder requiring a feeding tube.

My husband's attorney did not show up for the hearing. My husband had already moved to another state to get a clean start (drug and alcohol free for almost 4 years now!) During this final hearing, she presented income statements from 2 years prior to the divorce showing an AGI of $80,000.

My husband WAS a construction supervisor. During the last 2 years of their marriage, most of which was spent in separation, my husband barely made $20,000 each year. In the 3 to 4 years since the divorce, he has made between $20,000 and $25,000 each year as an apartment maintenance technician.

In addition, she neglected to mention property that was in her name prior to the divorce and other property added to her name within 30 days of the divorce. We have proof of a "scam" that she tried to run with the local Lion's Club for money to buy the expensive food for their son -- food that was 100% covered by insurance (she had a stockpile because insurance provided more than he consumed!).

My husband has not been able to pay the $1000 a month child support for this one child. He is now in arrears almost $30,000. (He is making $14.50 an hour now, after being unemployed for almost 3 months).

He has tried to have the support modified twice through phone representation. Both times it has been thrown out. He can not take off work to go to Florida (we live in South Carolina). I can.

How do we get an order for a paternity test? (Yes, we strongly suspect the child isn't my husband's.) Can we request that the child support order be modified from the divorce since she misrepresented the income?

Please help! We can not afford a lawyer and we certainly can not afford $1000 a month in child support and we certainly do not need a $30,000 arrears bill that is based on inaccurate information!

Answer to Florida Court Forms Child Support Question

Dear Carol,

First, disestablishing paternity may sound like a fine idea since you suspect that the child is not his.

But, since he has waited until the child is 8 years old, I don't think a Florida judge is going to allow that at all.

There have been many cases where men have lived with the child for years, believing that the child was their biological father, found it wasn't and the court still ruled against them.

Why was the Petition for Modification of Child Support thrown out, twice?

He could certainly try again to have the support order modified, but knowing why it was dismissed before, might help.

That way you could avoid making the same mistakes again.

You might be able to allege that his ex wife acted fraudulently by stating his income at four times the actual amount. And you may be able to file a Motion to Abate or Suspend Child Support so that he does not fall farther in arrears while he is trying to reduce his child support amount.

Your being able to travel to Florida to appear at a child support hearing does no good. You are not a party to the case. This is only between your husband and his ex-wife. The child support payments now in arrears will not go away, but it might be possible to pay a small amount monthly towards the arrears so that he isn't found in contempt of court.

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

Our Self Help Guide, Modifying Child Support in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Child Support In Florida

See These Related Florida Child Support Pages

Back to Top

Go to Florida Child Support

Go to Florida Child Support FAQs

Go to Florida Child Support Forms

Back to Florida Child Support Questions & Answers

Go to Modifying Child Support Documents Preparation Service

Back to Florida Court Forms from Multiple Child Support Issues

---

Top | Home | Search Site | Site Blog | Legal Resources | Contact Us | Ask the Staff

---