Child Support

[ConfusedInFl]

My ex and I have been divorced for approx. 10 years. We have a 14 year old daughter that he has custody of since he left our home and took her with him. At the time, he had an attorney, but I could not afford one. His attorney filled out the child support sheet just minutes prior to our going in to see the judge for our divorce, which I have not seen to this day. I am ordered to pay $167 every two weeks.

Currently, I am single, living with my fiance and our 6 year old daughter. I quit my job 3 years ago so my fiance could pursue better employment in a different city (still in FL). I have no income what-so-ever. My fiance has been giving me the money to pay the child support for these past 3 years. My ex has been at the same employer, with promotions for the past 20 years and makes a substantial income.

My ex leaves our daughter at home alone for several hours daily. Goes on vacations and outings with his male "friend" and leaves our daughter with my parents or at home alone. He has allowed our daughter to skip school to where she has only gone for 10 days out of the second 9 wk period. It goes on and on... He even brought her to my house to give me custody "because he couldn't deal with her anymore" but now has changed his mind. I have asked our daughter to come live with me, but she has no desire to since she can do whatever she wants at his home. I have all documentation to back up these occurrences.

My question is, am I still required to pay child support if I do not have an income? Also, is my fiance entitled to retrieve all payments made with his money since I quit my job and we relocated?

[Attorney Howard Iken]

You must keep paying support until you get a court order to the contrary. You cannot recover past payments.

I would suggest you immediately file a Supplemental Petition to Modify.

Attorney Howard Iken
Divorce Attorney

[ConfusedInFl]

Thank you very much! Do I need to file in the same county that we divorced in? He still lives in the same county, whereas I have moved approximately 3 hours away.

[Attorney Howard Iken]

If he still lives in the original county - any modification would be done under the old case number in the same courthouse. There is a $50 reopen fee to file under the same case number.

[ConfusedInFl]

Thank you, I'll look for an attorney in that county then. You have been most helpful!