Powered by Avvo.com

Do I have to inform the primary parent of move?: My ex and I have joint legal custody and my teenage children live with him. They haven't wanted to come visit me lately and I'm thinking of moving. If I am offered a job and decide to take it, am I required to notify my ex or the court? And if so, how do I do that?

Asked 3 months ago in Child Custody

Theodore’s answer: Yes, shockingly, Florida Statutes 61.13001 suggests that either parent seeking to relocate must get permission from the court or consent from the other parent. Either get your ex's consent in writing per the statute or file your petition for relocation. Crazy, perhaps unconstitutional, but true. a

Answered 3 months ago.


Doing an uncontested divorce. Mother does not want child support for our 8 year old daughter? How do we go about doing that?: We were married less than a year and are now separated. Currently filing for an uncontested divorce. She does not want child support. I give her money each month. Is it possible to attend mediation and let the Judge know that we have our own arrangements when it comes to child support so that the Judge doesn't order child support? Do we have to file a motion to deviate from child support guidelines? My attorney friend tells me that in the State of Florida, I will be put on child support because they look at the child's best interests. I also have a friend that went through a divorce and when at mediation, they told the Judge that they already have an arrangement with the child support so the Judge didn't order it. They did have attorneys representing them. I am filing for divorce on my own so I want to make sure I do it correctly since I will not be hiring an attorney due to costs. Any advice would be greatly appreciated.

Asked 3 months ago in Child Support

Theodore’s answer: Run the guidelines to see how much support would be. Then agree to a deviation in the agreement. State a purpose for the deviation (i.e. due to the overall financial arrangement contained in the agreement, unequal distribution of assets, etc.) and mention that the deviation is in the best interests of the child. That maximizes the chances the court will approve your "private" arrangement. Still, the other answers are correct and most likely, even if the judge approves, the no-child-support provision of the agreement will be easily modified.

Answered 3 months ago.


Can I get retroactive child support if the financial affidavit on my child support order was based on falsified numbers? : My ex-husband had a lawyer and I didn't when we were getting divorced. His financials on the child support affidavit were not accurate (much lower than they are) while mine were inflated by the lawyer. I was extremely stressed out by all of it and signed the dissolution of marriage paperwork with the inaccurate numbers. I admit I didn't look at that as closely as I should have. Because he fudged the numbers, my salary and his were only roughly $4k apart when in reality he was making and is making double what I am. My question is if I file an appeal can I get retro-active child support for what he should have been paying? He only pays $94 a month right now.

Asked 3 months ago in Child Support

Theodore’s answer: File a 12.540 motion for relief from judgment due to a fraudulent financial affidavit. Ask the court to re-run the guidelines. Any net plus in child support can be ordered by the court retroactive to the original judgment.

Answered 3 months ago.