He has the burden to show he has a need for it and he also must prove that you have the ability to pay. If you are showing a surplus in your financial affidavit after taxes and expenses, that is an indication that you have the ability to pay it. You need to hire an attorney to help you sort through the many different factors and issues in your case. #servingtheoneSee question
Answering this question using Florida law, there may be a personal jurisdiction issue in this case for child support purposes. Without knowing more that is all I am able to say more. Please contact an attorney for more information. #servingtheoneSee question
You can still divorce him in Florida but the court would not have personal jurisdiction against him, if he never answers the petition or if a default is issued if service was done by publication, to address Child Support issues. Regarding the child born outside of the marriage, a paternity action would have to be done to have him as the legal father of the child for child support purposes. In summary, you can divorce him but financial support would be an issue. #servingtheoneSee question
It looks to me that you had prior knowledge of the pension but did not go after your equitable share of it and therefore that would be considered a waiver of it. It this was a settlement agreement your method to set it aside would be under contract law of whether their was duress, misrepresentation and fraud but based on what you wrote that doesn't seem to be the case. Contact an attorney to review the case to see if there is anything that could be done. Best of luck. #servingtheoneSee question
She cannot use that against you. She cannot withhold support nor withhold the kids from you because you did not provide her with clothes. Have everything documented and you may have to hire an attorney to enforce the court order via a contempt motion and she may be liable to pay your attorney's fees for having to bring a motion to enforce. Best of luck!See question
You may need to contact an attorney to file a Supplemental Petition to Modify Timesharing in order to resolve that issue. The court would not be able to hold him in contempt since the final judgment is silent on that issue.See question
The Father is really hurting himself at this moment because if and when he does file to get his parental rights established, the factors that the court uses under Florida Statute 61.13 goes against his favor by what he is doing to you. Under 61.13 the very first factor the court looks at is: (A) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. The Father is violating this factor and running the risk of getting only supervised or very limited timesharing. #servingtheoneSee question
In a modification proceeding, it is best practice to include every relief that you are asking the court for. However, you have to make a showing of either a substantial change of circumstances of the parties or when the modification is found necessary by the court and is in the best interest of the child. If this was a DOR proceeding, they do not have jurisdiction to determine time sharing. You will have the file the action in Circuit court to address any time sharing issues.
Serving the one.
In order to get a modification or either Child Support or Time Sharing you have to show there is a substantial change in circumstances and that the change was not anticipated. Here, it should have been contemplated that after school care would no longer be applicable once the child reached a certain age. Thus, there should have been a subsequent Child Support Guideline done at the same time to address the new child support payment once the child aged out of child care.
With all that being said, the Court may still allow a modification of support on other grounds such as if your income decreased by more than $50 or 15%. Best of luck!
You should file a Petition to Modify Time Sharing and other relief. The Court may also award you child support arrearage payment going back up to two years of filing the modification since you have been the primary caregiver for the child and paying for everything. You should definitely hire an attorney to help you with this process. best of luck!See question