Legal Question in Family Law in Florida
Child Support & Custody
I was divorced in Fl. in 1992 my ex got custody of our two children. In 93 the interstate unit of child support took me to court here in NJ
the court found in my favor that the children were residing with me and had been for at least 6 months (with fathers knowlege), and dismissed the case. between 93-95 I had both children between 95&96 I had one of the children where as in 96 I filed and was awarded custody of this child in NJ (with fathers permission) Fla. however is not acknowleding the court findings and is seeking arrears in child support owed by me. The father knowing I had custody filed acomplaint with fla. in 2001 and a warrant/writ with bodily attachent for my arrest was issued (I don`t know what that means) Should I have to pay support for the times one or both children were with me, and since it was interstate unit wouldn`t it count for both states?
1 Answer from Attorneys
Re: Child Support & Custody
You should not be required to pay support for the periods during which the children lived with you. Yes, the courts of either state should recognize the order of the other state in this matter. Perhaps you need a certified copy of the court order. Your problems stem from the fact you and your ex have not followed the original court order regarding custody and physical residence of the children on which support is partially based. Parents should get a change in the court order when there is a change in the custody arrangement. Any agreements re changes should be in writing. You will have to explain to the court the history of the situation, when the children lived with you, provide witnesses, documents, or other proof. You can be arrested and held until in Florida until the matter is resolved. You are advised to consult with a local family law attorney or, if you can't afford one, contact local legal aid services or the FL Dept of Children and Families to help resolve the problem in the best interests of the children.