Confused About Child Support Laws In Fl

[Marisol0226]

What is the name of your state? FL

I will try to summarize my case. I have a 4 year old son and have never asked the father of my child to pay child support. (well i did he said he couldnt because of the pre paid college fund he pays for our son) He gives me half of his day care costs, buys his food at his convience not when my son needs it (as the case this weekend) My son only spends time with him on sundays because he works mon-sat. He has not spent the night at his house since we separated when my son was 3 months old. He decided to not play a part in his life until he was 2 years old. But only seeing him on Sundays. I work part time and go to school full time and live with my mother because I cannot work full time. I am almost done with school and won't stop until I'm finished. I feel that I have waited too long to take him to court and feel that because my son has medicaid and I know where my son's father is, I will get in trouble. I had medicaid when I was pregnant but do pay for my own insurance now. My son's father also is now claiming that I do NOT have LEGAL custody of him and he can do as he pleases with him. He asked me if my son could sleep at his house but he has never asked, and never wanted to. My son was sick, it was late and he doesnt even know his routine. Then he started telling me he wanted to take me to court because after all, I dont have legal custody of our son. I really dont know what to do. I feel I shouldnt stuggle like i do financially, and when I had to pay my tuition for the summer semester it really set me back financially. He has always told me he will get our son anything he needs when i ask him, but for example, I asked him for his food and half of the day care costs yesterday he told me he didnt have checks, and he didnt get the food. Should I have to deal with this? Any advice would help.

 

[BelizeBreeze]

What is the name of your state? FL

I will try to summarize my case. I have a 4 year old son and have never asked the father of my child to pay child support. (well i did he said he couldnt because of the pre paid college fund he pays for our son) He gives me half of his day care costs, buys his food at his convience not when my son needs it (as the case this weekend) My son only spends time with him on sundays because he works mon-sat. He has not spent the night at his house since we separated when my son was 3 months old. He decided to not play a part in his life until he was 2 years old. But only seeing him on Sundays. I work part time and go to school full time and live with my mother because I cannot work full time. I am almost done with school and won't stop until I'm finished. I feel that I have waited too long to take him to court and feel that because my son has medicaid and I know where my son's father is, I will get in trouble. I had medicaid when I was pregnant but do pay for my own insurance now. My son's father also is now claiming that I do NOT have LEGAL custody of him and he can do as he pleases with him. He asked me if my son could sleep at his house but he has never asked, and never wanted to. My son was sick, it was late and he doesnt even know his routine. Then he started telling me he wanted to take me to court because after all, I dont have legal custody of our son. I really dont know what to do. I feel I shouldnt stuggle like i do financially, and when I had to pay my tuition for the summer semester it really set me back financially. He has always told me he will get our son anything he needs when i ask him, but for example, I asked him for his food and half of the day care costs yesterday he told me he didnt have checks, and he didnt get the food. Should I have to deal with this? Any advice would help.

You made this bed. now you don't like laying in it?
You WILL have problems with Medicaid because you did not tell them about the child's father. However, that will not usrup your right to file for support.

You never intimated whether or not you were married to the child's father however, from the tone of your post I can assume not. Therefore, stop letting him take the child, file for immediate support and let him worry about the rest of it.

 

[Marisol0226]

Medicaid Does Know About Father

They DO know about the father. Does that change anything?

 

[LdiJ]

They DO know about the father. Does that change anything?

Well...that means that you aren't going to get in any kind of trouble or difficulty.

Just file for child support....however, be prepared for dad to also file for custody/visitation and a parenting schedule that gives him more than just Sundays with the child.

 

[Gracie3787]

What is the name of your state? FL

I will try to summarize my case. I have a 4 year old son and have never asked the father of my child to pay child support. (well i did he said he couldnt because of the pre paid college fund he pays for our son) He gives me half of his day care costs, buys his food at his convience not when my son needs it (as the case this weekend) My son only spends time with him on sundays because he works mon-sat. He has not spent the night at his house since we separated when my son was 3 months old. He decided to not play a part in his life until he was 2 years old. But only seeing him on Sundays. I work part time and go to school full time and live with my mother because I cannot work full time. I am almost done with school and won't stop until I'm finished. I feel that I have waited too long to take him to court and feel that because my son has medicaid and I know where my son's father is, I will get in trouble. I had medicaid when I was pregnant but do pay for my own insurance now. My son's father also is now claiming that I do NOT have LEGAL custody of him and he can do as he pleases with him. He asked me if my son could sleep at his house but he has never asked, and never wanted to. My son was sick, it was late and he doesnt even know his routine. Then he started telling me he wanted to take me to court because after all, I dont have legal custody of our son. I really dont know what to do. I feel I shouldnt stuggle like i do financially, and when I had to pay my tuition for the summer semester it really set me back financially. He has always told me he will get our son anything he needs when i ask him, but for example, I asked him for his food and half of the day care costs yesterday he told me he didnt have checks, and he didnt get the food. Should I have to deal with this? Any advice would help.

As was stated, you can file for CS however there are things that you need to know before you do.
CS will be computed using both ex's income and your income. A full time income will be imputed to you because both parents are responsible for supporting thier child. In Fl. going to college is not an allowable reason to work only part time.

The prepaid college fund is not mandated by law so be prepared for him to stop putting money into that when he is ordered to pay CS. And no, the court cannot order him to continue to contributate to the fund.

A portion of the daycare cost will be added to his CS obligation so don't worry about that.

As already posted, dad has every right to file for court ordered visitation.