Visitation/child suppport

[PlayingGames]

What is the name of your state? Florida
My almost 15 year old son has not visited his father in over a year and half. His father never filed a motion to enforce the issue. This year (after a year of him not visiting his father) I filed for primary custody and modication of child support. His father is fighting the issue now. I have been remarried now for over 4 years, at that time I was able to stay at home with my children. My question is - at what age does a child have a say in where he wants to live? Also, does my husband's income play a part in the child support my ex pays.What is the name of your state?

 

[Silverplum]

What is the name of your state? Florida
My almost 15 year old son has not visited his father in over a year and half.

Niiiice.

His father never filed a motion to enforce the issue.

You're lucky, aren't you?

This year (after a year of him not visiting his father) I filed for primary custody and modication of child support.

Niiiice.

His father is fighting the issue now.

Duh. You couldn't leave well enough alone and you poked the bear. It's not surprising.

I have been remarried now for over 4 years, at that time I was able to stay at home with my children.

Pleasant but irrelevant.

My question is - at what age does a child have a say in where he wants to live?

18.

Also, does my husband's income play a part in the child support my ex pays

Google your state's calculator. Or look around here -- there's a ton of FL posts dealing with just such an issue.

 

[Ohiogal]

OP chose an appropriate name.

 

[Gracie3787]

What is the name of your state? Florida
My almost 15 year old son has not visited his father in over a year and half. His father never filed a motion to enforce the issue. This year (after a year of him not visiting his father) I filed for primary custody and modication of child support. His father is fighting the issue now. I have been remarried now for over 4 years, at that time I was able to stay at home with my children. My question is - at what age does a child have a say in where he wants to live? Also, does my husband's income play a part in the child support my ex pays.What is the name of your state?

Your ex does have the right to exercise his visitation and custody rights. It's not at all unusual for an absent parent to do so when confronted with a modification petition. So, you and your son should get used to the idea that his Dad has decided to be a part of his life. If your son is having a hard time dealing with it, you can get him into counseling, which should help him alot.

At age 15, a Judge *might* be willing to allow your son to testify, but in the end, the Judge is the only one who makes the decision.

Although you are a stay at home Mom, you are also legally responsible for supporting your child, so the court will impute income to you.
No, your husband's income will not be used to calculate CS. However, Florida law does allow a spouse's income to be taken into CONSIDERATION when a parent is unemployed or underemployed. Basically, this makes it easier for the court to impute an income for you that is higher than min. wage.

 

[mom6399]

Not a lawyer...just been there.

How does your son feel about this? You may ask for a temporary modification and for reintegration period without a complete change of visitation and custody. This may work better for all?

 

[PlayingGames]

Mom6399 - thanks for your comments. My son is scared to death he will have to go back to his father's. He gets mostly verbal and emotional abuse from him and sometimes physical abuse. Nothing that ever leaves bruising, mostly pushing, shoving and thumping in the head. What would a reintegration period do? My son wants no visitation at all with his father. Thanks

 

[fairisfair]

Mom6399 - thanks for your comments. My son is scared to death he will have to go back to his father's. He gets mostly verbal and emotional abuse from him and sometimes physical abuse. Nothing that ever leaves bruising, mostly pushing, shoving and thumping in the head. What would a reintegration period do? My son wants no visitation at all with his father. Thanks

Yes, Mom6399 told you what you wanted to hear. Isn't that nice? However, her response failed to mention several important factors. Such as the fact that while you are waiting for that modification and "reintegration", you are legally REQUIRED to abide by the current order and to make your child available to his NCP for the court ordered visitation.

And the idea that the court will remove all visitation from your ex?? HIGHLY unlikely.