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We are divorced and the father is not following the parenting plan, do I have the right to file for child support?

Ocala, FL |

At the time of the divoce I didnt ask for child support since we agreed on having the children everyother week. Am I able to go to court to change my original decision?

Attorney Answers 2


Yes. You are legally entitled to seek child support. You should also propose a parenting plan that is made into a court order so that his failure to comply could be a contempt of court.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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If he is not exercising 50/50 timesharing, then child support needs to be modified and can be retroacted to the date that he stopped exercising the timesharing. The parenting plan should also be modified to reflect the timesharing that he is actually exercising, and child support calculated according to the Florida Child Support Guidelines based on both of your respective incomes.

My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

Joanna Mitchell, Esquire
Mitchell & Associates, P.A.
Offices in Seminole and Lake Counties
1809 East Broadway Street, Suite 321
Oviedo, Florida 32765
PH: (407) 971-6140 or (352) 324-2444
FX: (407) 971-1137

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