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Panama City, FL |

Im ordered to 775 $ in child support a month. I can't afford that because I have 2 other children whom stay with me in sc. I need attorney help fight this for me. My state have different espenses then florida. I have to find a attorney from Florida. This isn't fear to my other children. I just found out the child was mine when we went to ccourt. I need to appeal this asap. I need a good attorney who can transfer this case to my juridition where I live.

Attorney Answers 3

Posted

You need to retain Florida counsel to assist you. If the minor child resides in Florida with the Mother, you cannot transfer the matter to your jurisdiction. However, you can appeal the child support based upon case law that it is error to fail to take into account the effect of other children that you are required to support. You must act quickly as there are strict time limits regarding appeals. Best of luck to you.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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Posted

You will need a transcript of the hearing and to retain counsel in Florida, quickly. You will not get the case transferred to SC if the child and mother reside in FL.

R. Jason de Groot, Esq.,

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Posted

If the child is located in Florida, the Florida Courts retain jurisdiction the child related issues. You can call up the Florida Bar or the local county bar for referral to an attorney. In the child support calculations, there should have been an accounting for the children you currently support. You have a limited time period to make file objections and have the child support recalculated using the correct figures.

** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655

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3 comments

Tami Lane Augen

Tami Lane Augen

Posted

Karen, if there is no court ordered support for the other children, there is no place to have it as a valid deduction on the financial affidavit. I just had a case that I appealed to the 4th DCA that agreed that failure to take into account other children (that are not under court ordered support obligation) is error. This is actually a big issue in a lot of cases and I think there should really be a legislative decision regarding how to deal with this in the statutes.

Karen Tallent Munzer

Karen Tallent Munzer

Posted

Tami, I agree, this is happening a lot, I have a similar case. The Legislature needs to address this common problem. If the parent with the support obligation has other children residing with him and is supporting those children in kin, then there is no entitlement to a deduction from gross income for support , F.S. 61.30 (3)(f). However the Court may allow an adjustment and deviation in order to achieve an equitable result. F.S. 61.30 (11) (a (11)., Ogando v. Nunoz, 962 So.2d 957 (Fla. 3rd DCA, 2007). I think there will be more appeals in this area.

Arica Lynn Braaten

Arica Lynn Braaten

Posted

Tami, what is the citation for the case you just had in the 4DCA? I have a similar problem in Broward.

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