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About Dan Bachert
Expertise
I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience
Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > arrears and custody
Expert: Dan Bachert - 10/22/2009
Question
I am a mother of a teenage boy. He's not doing well in school and his behavior has changed almost over night. He says he wants to go live with his father. Unfortunately, his father owes about $30,000 in arrears. I am trying to do the best for my son but I live in Florida and his father In another state. If we decide to send him to live with his father would I have to send his father child support or can we deduct it from the arrears that is owed. I wasn't counting on ever getting the money anyway because his father always gets jobs under the table.
Answer
Hi Janice, if you are going to change the parenting plan by agreement then you can change the child support obligation by agreement as well. Depending upon how long the current child support order has been in effect and any changes that have occurred in either your or the father's income a recalculation of the child support may even be in order, that recalculation could benefit you or not. At any rate you will need to know the amount of what your child support obligation would be so that by agreement (which should be reduced to an Agreed Order) you will know what credit is being applied toward the father's arrears each month. That same Agreed Order should address time sharing and each parents share of the transportation costs for time sharing with your son. I would highly recommend that a family law attorney draft the Agreed Order making the changes. I have on numerous occasions been presented with clients that have entered into a self drafted agreement only to later discover that they did not get or agree to what they thought they were agreeing to and the costs of changing such an order, if it can be changed, far exceeds would it would have cost to have the order drafted properly the first time.
I hope this information was helpful to you. If it was please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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