My question involves a child custody case from the State of: Florida
Okay, I recently submitted a petition to modify a child support order that was made in another state. The parties were both ordered to pay $0 with equal timeshare. The whole case was registered in Florida and neither party resides in the original state. Now that the child and I reside in Florida his mother only sees him on school vacations and summer so I want to start getting child support from her. I have had physical custody for over 2 years now and without child support.
The noncustodial parent (his mother) claims she sent an answer to the court weeks ago and yet the court has informed me that they have received nothing. My ex told me she didnít send me copies of anything because it didnít tell her to. Even though The paperwork clearly states that she has to send me copies. She is now saying she isnít going to send me anything because she sent it to the court and ďthatís the part that mattersĒ. So I filed for and got approved for default which means they will schedule the final hearing.
She also has been refusing to pay me back for the uninsured medical fees. Per court order, she is responsible for paying 50 percent of the uninsured medical costs. She said she and her boyfriend donít agree with that because she pays for travel . Our son only goes on a plane 3 times a year which she is supposed to pay for per court order.
My questions are
1- will they accept an answer to the petition if she files it now that it has been over 30 days? (I donít believe she ever really sent it in the first place)
2- Can the court impute an income if she refuses to supply any financial information and I donít believe she plans on attending the hearing (she is also voluntarily unemployed and lives in her boyfriends house not paying anything)
3- can I include a motion to enforce her having to pay 50 percent of uninsured medical costs? I have written proof that she refuses to pay because she doesnít think she should have to