Legal Question in Family Law in Florida

Child Custody and Child Support

I have my child for the past year but the custody his mom have it , I still pay child support but the child have being with me is this legal?? What can I do to see if I stop her from getting the money when I have the Child ...


Asked on 9/28/07, 8:58 am

3 Answers from Attorneys

Re: Child Custody and Child Support

Get back before the Court and get the order modified. I assume the ex-wife agrees with the custody and if so then she has no need for child support?

But do it legally and best to have a lawyer with you when you do.

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Answered on 9/28/07, 10:27 am
Elliot Goldstein Law Offices of Elliot Jay Goldstein, P.A.

Re: Child Custody and Child Support

You need to file a Supplemental Petition to Modify Child Support and Child Custody. You should also file a Motion To Abate Child Support Arrears.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

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Answered on 9/28/07, 10:56 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Child Custody and Child Support

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.

You need to go back to court and file a motion to modify the original order by changing the primary residential (or custodial) parent. At the same time, you should move to abate the child support and then ask for child support from the mother. Please keep in mind that her heart may change when you do this and she may demand that the child be returned to her because she will be losing her meal ticket.

Scott R. Jay, Esq.

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Answered on 9/28/07, 11:46 am


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