she has me on child support so i dont know what to do,and shes at my house 95% of the time
and in top of that she doesnt let me sign her up at school because she said she will take her out as soon i put her in the school and shes not doing anything i dont see why i got to pay child support when shes with me always she is barely with her mom and she doesnt even pay for anything,we get her the clothes,school supplies,food,toys,and everything you can think of
Divorce / Separation Lawyer
Take the child and enroll her in school. You do not indicate if you and the mother were married or not but I am guessing you were not. If that is the case you need to file a Petition to establish Paternity, yes even if you are listed as the child's father on the birth certificate, within that Petition you need to request the implementation of a parenting plan and time sharing plan that reflects the time you have historically had with the child as well as request that the child support be recalculated to reflect that time sharing plan. I suspect that your child support was calculated by DOR without recognition of your time sharing with the child.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Family Law Attorney
If the child is at your house 95% of the time, then why haven't YOU enrolled her in school?!?
Please be advised that this forum is intended solely for the dissemination of general information and should not be construed as legal advice. By participating in this site, you understand that no attorney-client relationship is established by the answering of a question on this forum and that any information and/or materials provided are general in nature and may not apply to your specific factual or legal circumstances. The law office of Veronica Semino, P.A. is a family and real estate firm located in Miami, FL serving both Miami-Dade and Broward counties. Should you wish to speak with us in more detail about your case, we may be contacted via email at email@example.com or by telephone at (305) 519-4983.
First, enroll the child in school ASAP because the state of Florida does not allow children to miss more than 10 unexcused absences. It does not matter who has the child at the time of enrollment, but what matters is that your kid starts school today. Also, make sure to set up some type of meeting with the principal of the school and/or the teacher to make sure they are aware of the current situation. I'm sure that your child is already behind in all subjects and she may need assistance in catching up. It seems to me, as i'm a Family attorney that you may want to seek a modification to allow yourself to have equal time sharing with the mother of the child. This will also have the court revise the monthly child support payments, which in turn can allow you to reduce or even annul payments. You can contact my office at 954-785-9280 or send me an email through my website at mydacunhalaw.com. I practice in West Palm Beach, Broward and Miami-Dade county.
Family Law Attorney
One thing no one has mentioned, if a child remains out of school and is not home-schooled within the parameters required by law, eventually the parent who has actual custody of the child will get a visit from the truancy officer and will be hauled into court to explain why his child is not in school. There are legal penalties for not schooling your child in addition to the very obvious, lifelong repercussions for the child of not getting even a basic education. Education should ALWAYS be a priority.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.