• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child Support & Custody Mess. Please Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cdm0630

Junior Member
What is the name of your state?:confused: What is the name of your state?
Hi, I live in Florida and here's my situation. My husband has a six year old son from another woman. The custody is directly split in half, we have him M-W morning, she picks him up Wed and has him until Fri morning and we alternate weekends. My husband is the primary school parent and his ex is the primary residential parent which makes her the custodial parent. There is no set monthly child support payment, although, there is a monthly Medical support payment which is $24.79 and is paid by his ex when it is paid. They are also reqired to, in the original child support order, split all medical expenses. The problem is that she will go months at a time and not pay him the installments and then something will happen to him while in her care, and she will deduct whatever half of the cost was from the amount that she is supposed to pay him. I have spoken with child support services and they reccomended that my husband go to the courts and make it to where she has to pay the court directly through a "court depository", and that we should ammend the original child support order to make it to where there is no longer one residential parent, but two co-primary residential parents. My questions are: "Is she allowed to deduct other expenses from her monthly support amount?, How do we go about ammending the original order to change the residential parent status without filling out all of the original paperwork again (ie: child support guidline sheet etc.)? Anyone to respond who has been in a similar situation or can be of any assistance would be greatly appreciated. Thank you.
?
 


Phnx02

Member
cdm0630 said:
What is the name of your state?:confused: What is the name of your state?
Hi, I live in Florida and here's my situation. My husband has a six year old son from another woman. The custody is directly split in half, we have him M-W morning, she picks him up Wed and has him until Fri morning and we alternate weekends. My husband is the primary school parent and his ex is the primary residential parent which makes her the custodial parent. There is no set monthly child support payment, although, there is a monthly Medical support payment which is $24.79 and is paid by his ex when it is paid. They are also reqired to, in the original child support order, split all medical expenses. The problem is that she will go months at a time and not pay him the installments and then something will happen to him while in her care, and she will deduct whatever half of the cost was from the amount that she is supposed to pay him. I have spoken with child support services and they reccomended that my husband go to the courts and make it to where she has to pay the court directly through a "court depository", and that we should ammend the original child support order to make it to where there is no longer one residential parent, but two co-primary residential parents. My questions are: "Is she allowed to deduct other expenses from her monthly support amount?, How do we go about ammending the original order to change the residential parent status without filling out all of the original paperwork again (ie: child support guidline sheet etc.)? Anyone to respond who has been in a similar situation or can be of any assistance would be greatly appreciated. Thank you.
?
I would try to ammend the original order to where her payments have to go thru the courts - they will record when/when not a payment was recieved so if she ever misses any, you have legal record of it. But, this will cost you money to do so. You need to decide if it's worth the extra money to hire an attorney to draft & file the papers, in the likelihood you don't know how to do it yourself. In any case, I think a hearing would still have to be conducted, in order for a judge to "enact" the new order - which again, takes money.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top