You need to respond and respond honestly. She can't drop the claim because she is receiving public benefits. If she is comitting fraud, you don't want to do the same. It is unfortunate that she is making that choice, but you cannot also be involved in a crime.
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I am sorry that you are going through this. If you are comfortable with the current schedule and financial arrangments then you have a risk of that changing by going to court, however, you cannot be held hostage by her that any time you disagree she threatens to go to court. You should meet with a local attny and discuss what are the best case and worst case scenarios that way you will have a healthy concern for court or you may want to go, either way you will have information and not fear, never negotiate through fear. take care.
Legal disclaimer: 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 Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Call your local bar or use the AVVO find a lawyer feature to get a referral to a family attorney near you. You must file a response to the petition filed against you. Keep fastidious records of all child support you pay and get receipts if you give cash. You will be responsible for child support. The fact that you provide insurance for the child will give you a credit in child support calculations.
Discovery will need to be undergone to ascertain your wife's income if she is not disclosing the cash she receives. You will need an attorney, to help you file responsive pleadings, obtain discovery, and work out the parent sharing and child support issues.
** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: firstname.lastname@example.org , Tel: (305) 654-4444.
You need to immediately consult with and retain an experienced family law attorney. Trying to navigate the legal system on your own can result in serious negative consequences for you and your son. If you would like to schedule a free intial consultation with my office please contact 813-374-0353. My office is located in the Brandon area.
Even if she is not pursuing the lawsuit I recommend that you be proactive on your case and get your issues before the court. Contact my office for free consultation 727-446-7659.