child support/ncp claims no job

Question for our friend...we live in Florida.

He divorced 2 years ago, he has shared custody and primary residence of his two little girls. His ex lives close, but hardly sees or calls the kids. She was absent for two months without even a call before finally taking the kids for their two weeks with her for the summer. It isn't unusual for her to go several weeks without contacting her children.

My friend recently petitioned for a modification of the custody/support. He is asking for sole custody since mom isn't participating in the shared situation. She was not asked to pay child support at first because my friend wanted her to get on her feet first. Now she is as stable as she is going to get. She works under the table with her boyfriend so has no "real" income. He is sure she will counter the modification by asking to have custody of the children herself, but the kids are much better off where they are. They haven't had to get lawyers yet,been doing all the paperwork themselves.

Can she be excused from paying support because she supposedly has no job and custodial dad has a good one? My friend just wants her to share in the responsibility of the children and is asking for very little. Is mom's refusing to see the kids regularly and not participating in their care grounds to have the custody modified from shared to sole?

Since there has been no major change in circumstances, then neither he will get sole custody and she will not win custody. The judge will likely throw this out. So it would be in both interest to forget about a change in custody.

No, she is not excused from Child Support just because she is not working. That is her decision. Generally, CS will be worked out by putting her wage at $5.75 or whatever min wage is.. because bottom line, anyone who wants to work can at least get that amount if they wanted to.

As regards to her sharing responsibility, there is little that can be done here.. maybe to change the visitation claiming that she can not just disappear for ages and then come back and take the children. No sure what else...

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[b]SMILE - Start Making It Livable for Everyone[/b]

Divorce is a process over which children have no control. Children should not be its victims.
When parents are under stress, it is harder to be in touch with their children's pain and anguish.
It takes time, effort, and planning on the part of the parents to be able to provide for the children's needs.
In the crisis of divorce, parents may put their children on hold while they attend to adult problems first.
Sometimes separating/divorced parents find that their roles and expectations are undefined and cloudy.
If handled properly, divorce need not be devastating for children.

Thanks for your reply. Good to know she will at least be somewhat financially responsible since she insists on not being emotionally responsible at this time.