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Child Support Question

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K

kat29

Guest
What is the name of your state?What is the name of your state? (Child lives in NY, Father in FL)

I’m hoping that someone can offer advice….

I divorced my ex-husband (in FL) when my son was 6 and we moved to NY. My son began visiting his father (in FL) for most of the summer (court order) when he was 7. He was ordered to pay me $400.00 per month in Child Support. He spends all of July and most of August with his father. In the beginning when I knew he was struggling to make ends meet, I used to send him a little money to help with expenses while my son was visiting. (I thought I was doing the right thing)
As my son got older, my ex began to feel that it was his right to have support while my son was visiting and began to demand that I send him back the child support that he paid for all of July & August. I refused. My rationale is that when a wife or husband has residential custody and the other parent has visitation on weekends for the entire year (52 weekends), the parent doesn’t pro-rate the child support. Can you imagine? Well….I had my son 8 days this months so I’m deducting $108.64 from the child support. It wouldn’t happen. But my ex is above the law and so for the last 2 years my ex has just stopped paying the child support for those two months. I get absolutely nothing from the end of June to the end of September. The State of Florida does nothing to him so he keeps doing this.

Is this legal?? I have to bring him to court? If I do, this will kill my son which is why I haven’t. It just infuriates me. Does anyone have any advice?? Thank you
 


BL

Senior Member
If the Child Support Order was ordered out of Fl. , file a Modification Petition for child support in NY .

In the Petition request a change of jurisdiction , as you and your child live and have lived in NY ( for whatever yrs. )

In the petition as a reason for modification cite the CS ORDER ( attach a copy ) , and state the other Party is in Contempt of the order ( for whatever reason ).

The Judge will decide on a change of Jurisdiction . If he/she grants a change,a hearing will be held .

Otherwise you would have to file a contempt petition in FL.
 

VeronicaGia

Senior Member
Blonde Lebinese said:
If the Child Support Order was ordered out of Fl. , file a Modification Petition for child support in NY .

In the Petition request a change of jurisdiction , as you and your child live and have lived in NY ( for whatever yrs. )

In the petition as a reason for modification cite the CS ORDER ( attach a copy ) , and state the other Party is in Contempt of the order ( for whatever reason ).

The Judge will decide on a change of Jurisdiction . If he/she grants a change,a hearing will be held .

Otherwise you would have to file a contempt petition in FL.
What?

If the original order is in Florida and dad still lives in Florida, our poster will have to file in Florida.
 

BL

Senior Member
VeronicaGia said:
What?

If the original order is in Florida and dad still lives in Florida, our poster will have to file in Florida.

You are correct Veronica , My brain was short circuited , in with another post .

The other party's husband was in the brig and she didn't know where he would be moving to.

My apologies .......
 
L

LadyV924

Guest
Have you contacted the Florida Child Support Enforcement Center? It seems that this organization would be able to provide you with helpful information. (they're online) It's worth a shot!
 
K

kat29

Guest
Thank you to all that responded.....I am looking into the Florida Child Support Enforcement Center. Wish me luck!
 

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