Family Law (Divorce, Family Relations)/child support
How can I get my ex to drop child support on me. In the divorce decree we share custody, but he is solely with me and I am his sole provider. She knows this but refuses to take me off of child support. He is only with her 2 days out of 60 days. What can I do about this matter because I don't feel it is right to be paying her when she is not taking care of him.
Hi Greg, If your former wife is not following the time sharing plan as set out in the Final Judgment of Dissolution of Marriage then you can file a Petition for Modification of Final Judgment stating the change in time sharing as the unanticipated and substantial change in circumstances needed to modify the existing order. If the court modifies the order to reflect the actual time sharing plan your and your ex are following as opposed to the one that was ordered the child support will also need to be modified based upon the change in the time sharing order. You will need witnesses to testify as to the actual time sharing being exercised if your ex denies your allegations.
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Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401