Legal Question in Family Law in Florida

child custody

My husband left us 5 years ago, i am currently seeking child support through the state. What are his rights if he were to take me to court? He has not seen the child in over 5 years.


Asked on 10/23/07, 7:28 pm

2 Answers from Attorneys

Re: child custody

It appears you are filing through the Dept. of Revenue and he has a "right" to establish his ability to pay, i.e., working, expenses, etc. He always has the obligation to pay. The DOR has a formula and way of figuring out the numbers. Both of you will have to fill out financial affidavits and go from there.

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Answered on 10/24/07, 3:49 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: child custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

All parents have the same rights to share in the parental responsibities for their child(ren). They also have equal rights to make decisions regarding the raising of their child(ren) unless a court decides otherwise. In addition, he is entitled to visitaton with the child(ren). He also has the obligation to pay child support. It should never take 5 years to obtain unless you did not request it until recently. Good luck.

Scott R. Jay, Esq.

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Answered on 10/23/07, 11:45 pm


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