Family Law (Divorce, Family Relations)/child support

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Question
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.

Answer
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.

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. Additional information may be obtained on our web site listed below.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com  

Family Law (Divorce, Family Relations)

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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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