Child support modification issues

[Fldad18]

My question involves a child custody case from the State of: Florida




Okay, I recently submitted a petition to modify a child support order that was made in another state. The parties were both ordered to pay $0 with equal timeshare. The whole case was registered in Florida and neither party resides in the original state. Now that the child and I reside in Florida his mother only sees him on school vacations and summer so I want to start getting child support from her. I have had physical custody for over 2 years now and without child support.

The noncustodial parent (his mother) claims she sent an answer to the court weeks ago and yet the court has informed me that they have received nothing. My ex told me she didn’t send me copies of anything because it didn’t tell her to. Even though The paperwork clearly states that she has to send me copies. She is now saying she isn’t going to send me anything because she sent it to the court and “that’s the part that matters”. So I filed for and got approved for default which means they will schedule the final hearing.

She also has been refusing to pay me back for the uninsured medical fees. Per court order, she is responsible for paying 50 percent of the uninsured medical costs. She said she and her boyfriend don’t agree with that because she pays for travel . Our son only goes on a plane 3 times a year which she is supposed to pay for per court order.


My questions are

1- will they accept an answer to the petition if she files it now that it has been over 30 days? (I don’t believe she ever really sent it in the first place)

2- Can the court impute an income if she refuses to supply any financial information and I don’t believe she plans on attending the hearing (she is also voluntarily unemployed and lives in her boyfriends house not paying anything)

3- can I include a motion to enforce her having to pay 50 percent of uninsured medical costs? I have written proof that she refuses to pay because she doesn’t think she should have to

 

[Zigner]

My question involves a child custody case from the State of: Florida




Okay, I recently submitted a petition to modify a child support order that was made in another state. The parties were both ordered to pay $0 with equal timeshare. The whole case was registered in Florida and neither party resides in the original state. Now that the child and I reside in Florida his mother only sees him on school vacations and summer so I want to start getting child support from her. I have had physical custody for over 2 years now and without child support.

The noncustodial parent (his mother) claims she sent an answer to the court weeks ago and yet the court has informed me that they have received nothing. My ex told me she didn’t send me copies of anything because it didn’t tell her to. Even though The paperwork clearly states that she has to send me copies. She is now saying she isn’t going to send me anything because she sent it to the court and “that’s the part that matters”. So I filed for and got approved for default which means they will schedule the final hearing.

She also has been refusing to pay me back for the uninsured medical fees. Per court order, she is responsible for paying 50 percent of the uninsured medical costs. She said she and her boyfriend don’t agree with that because she pays for travel . Our son only goes on a plane 3 times a year which she is supposed to pay for per court order.


My questions are

1- will they accept an answer to the petition if she files it now that it has been over 30 days? (I don’t believe she ever really sent it in the first place)

2- Can the court impute an income if she refuses to supply any financial information and I don’t believe she plans on attending the hearing (she is also voluntarily unemployed and lives in her boyfriends house not paying anything)

3- can I include a motion to enforce her having to pay 50 percent of uninsured medical costs? I have written proof that she refuses to pay because she doesn’t think she should have to

1: They might.
2 & 3: If she has no income (per #2), then how do you expect her to pay (per #3)?

 

[Fldad18]

I expect her to get a job because children deserve support from both parents. If she were a father nobody would take not wanting to work as an excuse. I have proof of what she is capable of making and proof of her saying she doesn’t work because she doesn’t have to. If she is ordered child support I’m hoping the court will compel her to work and help support our child.

 

[Fldad18]

Plus minimum wage in Massachusetts is $12 per hour. She could be flipping burgers and make close to 2 grand a month

 

[Zigner]

I expect her to get a job because children deserve support from both parents. If she were a father nobody would take not wanting to work as an excuse. I have proof of what she is capable of making and proof of her saying she doesn’t work because she doesn’t have to. If she is ordered child support I’m hoping the court will compel her to work and help support our child.

Please, don't misunderstand (and please don't throw in the father vs mother thing [see below]). You are very reasonable in your expectation that she get a job and support your mutual child as she is morally and legally supposed to do.
Now, back to my question: If she has no income, how do you expect her to pay anything?

Note that I am (was) a single father of 3 children who had full legal and physical custody and who received NO support from their mother for the entire time the children were minors. By the time they aged out, I was (and am still) owed well over $160,000. When the arrears were around $100,000, I offered to forgive the entire amount if she would just send $10 - but never got anything. The "if she were a father..." nonsense means nothing to me, because my advice is coming from a FATHER who was in your shoes, except 3x larger.

 

[stealth2]

Your expectations are moot, tbh. The court may or may not impute her an income, which may or may not fall in line with what you believe her to be capable of earning. The court cannot *force* her to work, with or without a support order. If she is ordered to pay support, where that money comes from is irrelevant - if she doesn't pay, she can be held in contempt with arrearages accruing.

And yes, the court may accept her late response.

 

[Zigner]

Plus minimum wage in Massachusetts is $12 per hour. She could be flipping burgers and make close to 2 grand a month

You do know that most fast-food jobs are part-time, right?

 

[Fldad18]

I am aware of minimum wage jobs because I had to work multiple jobs to pay child support when she had physical custody years ago. So that is why I mention the flip side. I was on the other side and I paid her around $70,000 and paid travel while she harassed me if my payment was late for any reason. So I have seen bias in the court system and it may not be for everyone but it certainly has been for me.

I really don’t care where she gets the money to pay child support. Not my business. But I do know her boyfriend won’t be supporting her and her child support when he already pays his own child support. She has straight up told me that she quit her job where she was making $3000 a month Because her boyfriend isn’t making her work and she doesn’t have to pay anything. But again, it doesn’t matter to me where the money comes from.

in no way do I think it’s unreasonable for her to be ordered child support and if she still chooses not to pay or get a job then I will follow up with necessary enforcement procedures.

I’m fine with then accepting her answer. I wish she would comply, but will that postpone the hearing?

She has had a tendency in the past to file frivolous motions and miss court in order to delay the courts decision.

 

[not2cleverRed]

1- will they accept an answer to the petition if she files it now that it has been over 30 days? (I don’t believe she ever really sent it in the first place)

Maybe.

I suspect her answer to the petition would be gibberish, so does it really matter?

2- Can the court impute an income if she refuses to supply any financial information and I don’t believe she plans on attending the hearing (she is also voluntarily unemployed and lives in her boyfriends house not paying anything)

Yes, the court can impute an income, based on what she could make if she worked full time.

If she has a college degree or vocational training/certification, it could even be imputed at a higher level than minimum wage.

3- can I include a motion to enforce her having to pay 50 percent of uninsured medical costs? I have written proof that she refuses to pay because she doesn’t think she should have to

Sure. Not that she'll pay it. But if it makes you feel better to prove a point, go for it.

 

[Zigner]

I really don’t care where she gets the money to pay child support. Not my business.

You're missing the forest for the trees here. You can't get blood from a turnip, and you aren't going to get child support from someone who is determined not to pay it. Sure you can get an order, just like I did. I'm not sure where the original copy of my order is...I'm pretty sure I used to to line the bottom of some animal cage many years ago.

 

[Fldad18]

Okay but what you are missing here is that if she is ordered child supportthere is a chance that she will do what she has to do to not get into legal trouble. And if she and her boyfriend break up (again) she will have no choice but to get a job and then they can garnish her checks and tax return.

if I do not pursue a child support order I have absolutely zero chance of her ever paying for anything. She’s not the kind of person who will help with what her child needs because it’s the right thing to do.

I would much rather have a chance vs. not have any kind of chance.

I am hoping that IF she files anything with the court it doesn’t delay a hearing. Being pro se I try really hard to do exactly what the court expects and I even have explained to her exactly what to do and sent extra copies of the forms need to her email because she claims they are hard to do.

 

[Zigner]

Okay but what you are missing here is that if she is ordered child supportthere is a chance that she will do what she has to do to not get into legal trouble.
...
if I do not pursue a child support order I have absolutely zero chance of her ever paying for anything.
...
I would much rather have a chance vs. not have any kind of chance.

These are valid points - and pretty much the same reason I have an order as well.

... I even have explained to her exactly what to do and sent extra copies of the forms need to her email because she claims they are hard to do.

First...WHY IN THE WORLD would you do that? (smh) (This is a rhetorical question and does not need an answer. I get it...you've got a soft spot for her...but you gotten hard that spot up. She is your ADVERSARY. You don't help your adversary.
Second...What you have done is actually a crime (known as the unlawful practice of law). Theoretically, you could be charged with it as a crime, as well as sanctioned by the courts (if she ever does get an attorney). It is not your place to give legal advice, regardless of who you are giving it to.

 

[Fldad18]

I really don’t believe that telling her to read the specific instructions for the child support modification packet is considered giving her legal advice. Part of filing the petition is having her served with the answer/response forms that come in the packet. And also telling her to call the clerk of court about supposedly sending the forms and them not receiving it really also isn’t legal advice.

in Florida once you designate an email address the court sends you emails about the case instead of paper copies. And both parties can send copies of what they file through email as well. She is trying to use her not making a copy of what she sent as an excuse for not sending anything to me so at the very least if she tries telling the court that I will have proof that she is being deliberately uncooperative.

Believe me when I say I have no soft spot for this person. She tried everything in her power to keep me from my son and does not do anything in his best interests. I just want this whole thing to move along as quickly as possible

 

[Zigner]

I really don’t believe that telling her to read the specific instructions for the child support modification packet is considered giving her legal advice.

I agree - but you crossed the line by both telling her "exactly what to do" and by choosing the forms that she should fill out.

I even have explained to her exactly what to do and sent extra copies of the forms need to her email because she claims they are hard to do.

 

[Fldad18]

Okay well what I meant by telling her exactly what to do is saying “read the instructions for the answer forms and send me a copy like you are required”

for anybody with half a brain that is exactly what to do. But she has yet to prove she has half a brain. I didn’t mean that I literally went over the instructions with her. I can see now that I didn’t explain myself clearly about what I meant. By what I said.

And all I did was send her the answer/response portion of the packet for a second time. Per court instructions I had to have her served with them the first time. So sending the same thing a second time on my opinion is not crossing the line.