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Getting Child Support After a Voluntary Change of Custody

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  • 09-15-2007, 03:21 PM
    John Beckert
    Getting Child Support After a Voluntary Change of Custody
    The wife wanted me to ask about past child support for her daughter, my step-daughter. After she was divorced from her previous husband, she let him have full custody and she would pay for support as needed. That was done in the courts. About after a year and half, her daughter started living with her mother and has been ever since. The father hasn't paid one dime since then for the past 10 years or so. She initially didn't pursue it in court on his word. What does she do from here? What needs to be done? This is her decision and she wants to do that. I told her to forget it but she wants to do it. We have a host of other problems with the daughter too. We're in Florida.

    John
  • 09-15-2007, 04:41 PM
    Xena
    Re: Quick question on child support.
    Quote:

    Quoting John Beckert
    View Post
    The wife wanted me to ask about past child support for her daughter, my step-daughter. After she was divorced from her previous husband, she let him have full custody and she would pay for support as needed. That was done in the courts. About after a year and half, her daughter started living with her mother and has been ever since. The father hasn't paid one dime since then for the past 10 years or so. She initially didn't pursue it in court on his word. What does she do from here? What needs to be done? This is her decision and she wants to do that. I told her to forget it but she wants to do it. We have a host of other problems with the daughter too. We're in Florida.

    John

    Your wife will need to file a petition to modify custody and CS. The CS will begin the day she files. Because a court order already existed, she won't be able to get any "back" CS, only from the filing date forward.
  • 09-16-2007, 02:37 PM
    John Beckert
    Re: Quick question on child support.
    Quote:

    Quoting Xena
    View Post
    Your wife will need to file a petition to modify custody and CS. The CS will begin the day she files. Because a court order already existed, she won't be able to get any "back" CS, only from the filing date forward.


    Then that's what she'll do then. I'm wondering when the child support will cut off since she'll be 18 in December. This kid is going to need a little extra support now and he should at least help out since it's HIS daughter. Thank you Xena.
  • 09-16-2007, 06:49 PM
    Xena
    Re: Quick question on child support.
    Quote:

    Quoting John Beckert
    View Post
    Then that's what she'll do then. I'm wondering when the child support will cut off since she'll be 18 in December. This kid is going to need a little extra support now and he should at least help out since it's HIS daughter. Thank you Xena.

    In Florida, CS can be ordered to be paid past age 18 if the child is still in HS and will graduate BEFORE age 19. If that is the situation, your wife should specify that in her petition.
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