under FL state child support laws do i have to continue paying child support to my wife if the children now live with me

should get my child support payment back: I pay child support as required by law. I have a daughter 12 years old and a son of 20. My daughter hasbeen living with me since June 2006 and my son since May 2008. Things have been getting a tougher economicaly. I asked my ex wife (that recieves every cent of the child support I pay) for help and she refuses. For the past Two years she has never sent me anything to help out with our children. What can I do? - Is this your question? Add additional information
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Answers (4)

Pamela S. Wynn

Pamela S. Wynn

Contributor Level 5
You will have to file a modification action to have the children placed in your custody. The court thinks the kids are with her. As part of the modification action, the court will redetermine child support. Since the court only goes back 2 years on support, you should file it quickly because you have already lost out on some by waiting more than 2 years to file.
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David Luther Woodward

David Luther Woodward

Contributor Level 5
If your children are living with you, you should obtain a revision of the final order so that she pays you child support. Florida law is very clear on the method for calculating support obligations, and who pays whom what. Because you are in HIllsborough County, you should ask the Hillsborough County Bar association to refer you to a family law specialist who can help you through this.

Good luck
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Shawn C Newman

Shawn C Newman

Contributor Level 7
Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful.

Yes, and you would be wise to move quickly to do so. You can work with an attorney to file a Motion for redetermination, and the Court will re-evaluate the circumstances and re-set the support obligations for both parents.

Perhaps it would be best for you to contact an attorney directly and provide him with more information to help assess the situation. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

Best of luck to you,

Shawn C. Newman, Esq.
Attorney At Law
1881 NE 26th Street, Suite 212E
Wilton Manors, FL 33305
(877) 552-9385
Shawn@ShawnNewman.com
Licensed to practice law in New Jersey, Florida and the District of Columbia
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Alejandro Rafael Lopez

Alejandro Rafael Lopez

Contributor Level 6
My goodness man...how is your ex wife using your child support monies if not for the 12 year old? in nail paint and salon visits? It is highly unfair that you have your daughter with you and you are sending her money to your ex wife for her needs instead of your daughter. Your 20 year old might not fall under child support any longer, since in Florida is until age 18. You must, you need, to file with the Court a Petition for Modification of Child Support reverting the child support order so your ex wife PAYS YOU the child support owed to your 12 year old. This petition must be processed in Court to its finality, obtaining a court order stopping the child support you pay to your ex wife and ordering your ex wife to pay you child support. In addition, you may have to modify what used to be called the "custody" of the children (legally) to you. Now it is called a "parenting time sharing".

Otherwise, until you do that, which I highly recommend, you MUST keep paying the child support ordered to your ex wife, since the current child support order has not been changed by a judge.

Hope the answer helped.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.,
2996 Edgewater Drive,
Orlando, Fla. 32804
Electronic mail: ALopez2827@cs.com
Ph.: (407) 649-1404
Fax: (407) 649-9890
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