Ex Moved Out of State with Daughter - How Does Visitation Work
My question involves child support in the State of: Florida?
My ex took our daughter out of state while I was at work about 2 years ago. I couldn't afford an attorney at the time, so we made a verbal agreement. Yes it was very hard for me to accept, but she wouldn't return and I couldn't make her without spending an arm and a leg to get an attourney. I would pay child support as long as I was able to see her. She followed along with it, until I decided to start a new family. I now have a fiance and a 6 month old son. My ex and daughter have lived in Conneticut, moving between her parents house and her on again off again boyfriends house. I fly up to get her and fly back, having to purchase 4 round trip tickets, which is costing me well over 1000 dollars each time. I am tired of having to deal with my ex. I have no control, and am filing with the courts in the next few months. My questions are, will they go by Florida laws, as I live here and they once lived here? Or Conneticut laws? Which is where they have been residing for the past 2 and half years? Also she makes double the amount I make and lives with her parents or boyfriend (its different every month) How does the support work? I want to be able to see my daughter a lot more and have a set schedule! And minimize her nagging for more money each month! Any advice would be great!!
Re: Ex Moved Out of State with Daughter. How Will This Work
You need to file in CT. Had you done this years ago, she would likely have been made to return the child or pay for transport.
Re: Ex Moved Out of State with Daughter - How Does Visitation Work
If you don't like the informal arrangement you've worked out with your ex, go to court and seek a custody order that describes how visitation will work, how exchanges will be handled, and how transportation costs will be shared. The delay does not work in your favor. If there is no prior custody order, the issue will now likely have to be litigated in Connecticut (and may anyway), and there is an established practice of how exchanges are handled and who pays for transportation (i.e., you). The best time to argue for visitation costs to be split, or to be paid by the party moving out of state, is prior to the move.
Child support is set by formula. You can argue for the application of the Florida guidelines over Connecticut based upon your lack of connection to Connecticut, but you should run the numbers under both formulas before you decide whether to push for Florida's guidelines.