What is the name of your state (Florida)
Hi everyone, before I decide to retain a lawyer or not I wanted to see how difficult my case would be, if difficult at all.
I will try to make this as simple as possible (although it probably is and I'm just over complicating the situation).
So here are the facts:
Long story short, within 1 week of our divorce/custody agreement was finalized my ex husband moved to New Jersey. At the time he stated he wanted to see if he could get a better job then what he currently had in Florida (not sure if the reason matters).
In the parenting plan that was filed, it was a 4 night 3 night split (myself being the 4 nights). I had to pay him $323.67 in child support. We were to split everything else 50/50 including daycare/aftercare/summer camp, health insurance, insurance deductibles, medications & after school activities. I have not paid him any support since he has not had the kids at all since the divorce. He actually has sent me about 100 dollars a month and does not pay for daycare/insurance or summer camp. So I did a calculation to see if I would still owe him back pay when I go back to do the modification (worse case scenario I am hoping). By my calculations I don't owe him any money, he actually still owes me money for daycare/insurance and other misc things.
So now we are 1 year down the road in which he fully established residency in New Jersey (changed drivers license & has rented a home for at least the last 9 months). He is currently employed (although he has had this job on and off for the last year) and there was 2/3 months that he collected unemployment as well as working under the table for family and friends. He has visited the children 1 time in the last year for maybe 2-3 days but did not keep them over night.
I definitely want to modify the child support and also change the custody agreement so that I get sole custody. From what I have been reading, it is extremely hard to get sole custody in Florida but seeing as the father is out of state and plans to stay there I am wondering if this will actually be that hard to do in my case? Also, will they agree that I should have the children 100% of the time, as in no over nights? I don't want to put the children in a situation that makes them have an overnight if he ever comes down for a visit and them having to stay at one of his friends houses that they do not know (his friends like to "party" a lot so this would not be a good environment for them). I would not mind if he were to take them and stay at a hotel (but he has yet to do this and would rather stay with his friends). How do I word this in the custody agreement without sounding like I am being difficult? Can I even put that in the custody agreement? Also, if he wants to take them to Jersey #1- who pays for the travel #2- Can I put the appropriate age to fly alone at "16"? (He can always fly with them without an objection from me) #3 If he has a roommate and no bedroom or bed for them in Jersey, is that considered inappropriate housing? Honestly, I just don't want to put them in an uncomfortable situation. They will already be away from their family that they spend every night with and at the time that this scenario comes into play will be long enough to feel out of place in someone else's home.
Lastly, for the child support- is it possible that I will owe back pay? In Florida I see that if 1 parent does not have the children for at least 20% of the time it seems like they just automatically pay their portion of support. Am I reading this correctly?
Sorry for all of the questions, I didn't realize how many I had when I started writing this. I have tried to research this to find out what would happen if I modified the support/custody agreement and haven't seen many if any cases like this. Everything about relocation seems to be if the custodial parent leaves with the children, not many with the parent leaving the children. I honestly am just not sure if I should just leave it alone and keep it as is or take some action.
Any help would be greatly appreciated.
Hi everyone, before I decide to retain a lawyer or not I wanted to see how difficult my case would be, if difficult at all.
I will try to make this as simple as possible (although it probably is and I'm just over complicating the situation).
So here are the facts:
Long story short, within 1 week of our divorce/custody agreement was finalized my ex husband moved to New Jersey. At the time he stated he wanted to see if he could get a better job then what he currently had in Florida (not sure if the reason matters).
In the parenting plan that was filed, it was a 4 night 3 night split (myself being the 4 nights). I had to pay him $323.67 in child support. We were to split everything else 50/50 including daycare/aftercare/summer camp, health insurance, insurance deductibles, medications & after school activities. I have not paid him any support since he has not had the kids at all since the divorce. He actually has sent me about 100 dollars a month and does not pay for daycare/insurance or summer camp. So I did a calculation to see if I would still owe him back pay when I go back to do the modification (worse case scenario I am hoping). By my calculations I don't owe him any money, he actually still owes me money for daycare/insurance and other misc things.
So now we are 1 year down the road in which he fully established residency in New Jersey (changed drivers license & has rented a home for at least the last 9 months). He is currently employed (although he has had this job on and off for the last year) and there was 2/3 months that he collected unemployment as well as working under the table for family and friends. He has visited the children 1 time in the last year for maybe 2-3 days but did not keep them over night.
I definitely want to modify the child support and also change the custody agreement so that I get sole custody. From what I have been reading, it is extremely hard to get sole custody in Florida but seeing as the father is out of state and plans to stay there I am wondering if this will actually be that hard to do in my case? Also, will they agree that I should have the children 100% of the time, as in no over nights? I don't want to put the children in a situation that makes them have an overnight if he ever comes down for a visit and them having to stay at one of his friends houses that they do not know (his friends like to "party" a lot so this would not be a good environment for them). I would not mind if he were to take them and stay at a hotel (but he has yet to do this and would rather stay with his friends). How do I word this in the custody agreement without sounding like I am being difficult? Can I even put that in the custody agreement? Also, if he wants to take them to Jersey #1- who pays for the travel #2- Can I put the appropriate age to fly alone at "16"? (He can always fly with them without an objection from me) #3 If he has a roommate and no bedroom or bed for them in Jersey, is that considered inappropriate housing? Honestly, I just don't want to put them in an uncomfortable situation. They will already be away from their family that they spend every night with and at the time that this scenario comes into play will be long enough to feel out of place in someone else's home.
Lastly, for the child support- is it possible that I will owe back pay? In Florida I see that if 1 parent does not have the children for at least 20% of the time it seems like they just automatically pay their portion of support. Am I reading this correctly?
Sorry for all of the questions, I didn't realize how many I had when I started writing this. I have tried to research this to find out what would happen if I modified the support/custody agreement and haven't seen many if any cases like this. Everything about relocation seems to be if the custodial parent leaves with the children, not many with the parent leaving the children. I honestly am just not sure if I should just leave it alone and keep it as is or take some action.
Any help would be greatly appreciated.
