Legal Question in Family Law in Florida

Type your question here...I have a 17yr daughter that's in her senior year of high school, her father has had primary custody since 1998, for many years she has wanted to leave his home and live with me but he has manipulated her into staying until now. She has also for many years stayed at my home more so than his and I've never bothered him about helping me monetarily, although I've been paying him non-stop child support since 1998. I can't afford to get an attorney to have the custody changed, I'm wanting to know what can I do myself to have things changed where he is not collecting child support while my daughter is here with me. Since school has been out this summer she has been living with me and he is getting the child support. She refuses to go back there with him and I can't and wouldn't make her. What can I do. She has talked to him about moving out and found out that he basically just want my money anyway he told her, I want it to look like you are living here with me. What can I do to stop him from continuing getting my money for our daughter that he is not taking care of? Also I found out last year that I over paid him about 1300.00 but was told there's nothing I can do because the courts look at that as a gift, how can that be? The court set the payment and it is coming directly from my pay. Please help me I am so tired of suffering because of this man.


Asked on 8/22/09, 5:44 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

File a supplemental petition for change of custody. If the money you overpaid him was part of an income deduction order, it is not considered a gift, and you can sue him for the overpay.

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Answered on 8/24/09, 3:39 pm


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