Legal Answers

Answers

Q: Can a mother ask for child support eight years after asking the father to terminate his parental rights in Florida?: This one is a little tricky. My fiancé and I are looking to get married and have to deal with my fiancé's ex. My fiancé LOVES his son, but eight years ago his ex-girlfriend had his son and moved to Florida from Washington. She filed to have his rights revoked. He agreed, though he wasn't happy about it. She moved back a year or so ago and freaked out to find him engaged to me. Every chance she gets she says "do this for me or I will ask for child support." While we love to spend time with his son and absolutely love him to pieces it's getting very difficult to know where we stand with his mother and her attempts to coerce him into giving her money. Now she is asking him to put her son (whom he has no rights to and isn't on his taxes or otherwise a dependent) on his insurance because she doesn't like the doctors who allow state insurance. What can we do? Even though he doesn't have to do anything for his son we do it with love anyway, but we can't keep giving her money since we don't make enough. Are the courts likely to make him pay if she tries to get child support?
Asked about 2 years ago in Child Support

A: Mike’s answer: I don't practice law in your jurisdiction so I advise that you seek the help of an attorney in your area. Many attorneys offer free consultations.

When his parental rights were terminated, his parental obligations were also terminated. I’m not quite sure how she can reinstate his rights when she was the one asking for the termination. Also, he can assert defenses such as equitable estoppel and laches. It’s going to be an uphill battle for her regardless.
Answered about 2 years ago.
Q: 3 years ago my child support was set by court at $630 ..this coming year 2015 my income is expected to be down to 18k a year: i am also responsible per court for health insurance for my 4 year old ..which i pay $160 for the both of us (myself and my daughter) . with obama care i received a letter that it will be $320 for both as of january 2015 . i am still paying nd will still keep paying the child support i can afford because i have a paid off home ..but the 320 for ins is too much . with my income i'm eligible for government medicaid . if i apply , will that have any connection with the fact that the government would say ..well you can afford the 630 with 15k yearly income , you then need to lower it for the custodial parent which i don't want to do . by the way the income got lower because of a business i just started . thank you
Asked about 2 years ago in Child Support

A: Mike’s answer: I don't practice law in your jurisdiction so I advise that you seek the help of an attorney in your area. Many attorneys offer free consultations.

The child support calculation in most states is very strict and by statutes. However, you can ask for deviations by showing the Judge all other expenses you have to incur. I don't know what your income is but an 18K decrease in one year could constitute a substantial change in circumstances which warrants a modification of child support. Hope it helps.
Answered about 2 years ago.
Q: I have not been given a copy of the minute order from court yesterday, are the orders still enforceable?: Order states my fiancée must move out until my divorce is final.
Asked about 2 years ago in Family

A: Mike’s answer: Court orders are enforceable unless and until it is vacated. However, notice is very important. Therefore, the party, your fiancee in this case, must have received notice of the Order for it to be enforceable against her. However, if she was in Court and the Judge told her to move out I don't think insufficient notice is defense for not moving out even if she was never served the order.
Answered about 2 years ago.

See all of Mike’s answers

View Mike’s profile