Depending on the evidence you present, the judge is required to take into account her underemployement. Section 61.30(2), Florida Statues was amended effective January 1, 2011 and states:
If the information concerning a parent’s income is unavailable, a parent fails to participate in a child support proceeding, or a parent fails to supply adequate financial information in a child support proceeding, income shall be automatically imputed to the parent and there is a rebuttable presumption...
A deposition is a discovery tool and is performed for two primary reasons (1) to reveal information and/or documents relative to the issues in the case; (2) to elicit statements that may be used at trial.
As a direct result, as a deponent, consistency in your answers is extremely important. If the case goes to trial and the deponent takes the witness stand to testify, their deposition may be used to cross examine the witness. The opposing counsel's goal will be to point out inconsistencies...
I agree with Attorney Chambers, the date you put on the certificate of service is the date you mail them to the ex. If this is a modification proceeding, you do not have to have her personally served by a process server again, you just need to mail it to her - but make sure you are mailing it to the address that the Clerk of the Courts has on file for her.
From your question, it sounds as if you are currently residing in the Philippines. If you are not and have not been a resident of the State of Florida for at least the previous six (6) months there is nothing you can do here in Florida. If you do meet the residency requirements here in Florida you can file for a divorce here. Another avenue that may be open to you is to file for an anulment. In Florida you can get an anulment if 1) the marriage was induced by fraud AND 2) the marriage was not...
If the home and the car were purchased during the marriage, then they are both marital property (equally yours and his) whether or not they are only in his name. You have an absolute right to move back into the home - although it may be awkward if his new girlfriend is there too. Once you file for divorce, you can ask the courts for temporary relief - that means have the court make a decsion who gets to live in the house and who gets to use the car until the trial.
I agree with attorney Bachart. I would also get in writing, via email or text, from her stating you cant see your son. Also, if she refuses to allow you to pick up the child, call the police. They will probably not force her to turn the child over, but they will fill out an incident report and the responding officers can be subpoened to testify that she refused timesharing.
In most cases, alimony is modifiable. That is unless their is a Marital Settlement Agreement and the parties agreed to "non-modifiable alimony". If that is not the case the one paying alimony needs to file a Supplemental Petition for Modification of Alimony. I would strongly advise speaking with an experienced family law attorney about this matter.
Child support is merely a mathmatical calculation and it depends on both parents incomes (or what they have the ability to make). The health insurance premiums and daycare costs for the child(ren) and the number of overnights with each parent. If everything were equal (both parents had the same income, no daycare or health insurance and equal timesharing) then the child support would be $0.00