QUESTION
Was she allowed to move the children across the country without my written consent?
Asked on May 29th, 2015 on Divorce - Florida
More details to this question:
My ex-wife and I were divorced 5 years ago. She promptly moved without my written consent, though she could argue that I agreed verbally. I was also ordered to pay alimony ($400) and child support for 2 children ($718). I was ordered to pay through the State Disbursement Unit until the DOR opened a case. I contacted the Disbursement Unit through the mail (which is what the clerk at the courthouse told me to do) and got no response. I went to the local Child Support building to pay them but they said that the mother did not open a case with them and that she needed to do that before they could take the payment. She never opened the case. I've been paying her through my bank account for the last 5 years. She recently opened a case with the DOR and they show I owe $60,000 in arrears. The courthouse said that I had to file to appear in front of a judge to get the arrears waived. My divorce papers say that anything that wasn't paid through the DOR or State Disbursement Unit is considered a gift but I have proof through my bank statements that she's been paid in full. I have asked her to sign a document stating that there are no arrears but it's been 2 months and she keeps delaying. Do I have a leg to stand on if I took this to court without her signing that document? Also, the entire time we were divorced (and even through the separation) she has had a live-in boyfriend that has been supporting her. She did not report this income to the court so I was ordered to pay her full alimony this entire time. Could her failure to report this income and collecting alimony from me be considered fraud? She has also not notified the court (or me) of any of her addresses as she's moved several times since the divorce. I do not get to see my children unless I can take a vacation and afford the travel expenses to visit them.
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Evidently you did not have an attorney; if you did you should sue for malpractice. Florida statute chapter 61.003 deals with relocation out of the area; she clearly is in violation. Any remedy lies with your Judge. As to the child support issue, that is totally with the Judge; you may be held responsible for any payments you made direct. Total discretion is with the Judge. Check the paperwork to see who was responsible for setting up the account with the Disbursement Unit, hopefully she was, you may get some relief. If you were to set it up, good luck. ??You need to see a local Family Law attorney ASAP; it will be expensive, in my jurisdiction I charge $5,000 to review the file to see if the case may be? reopened to clean up earlier mistakes.
Answered on Jun 08th, 2015 at 2:57 AM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
Your questions are far too many and far too complex for this forum. You need to set up a consultation with an attorney. Many attorneys offer free initial telephone consultations. Contact a lawyer who practices in the area where you were originally divorced.
Answered on Jun 05th, 2015 at 1:02 PM
Family Law Attorney serving Greenacres, FL
at
Ronald Bornstein, Attorney at Law
Update Your Profile
Your situation is complicated by the fact that you did not do anything before now to object to her relocation with the children. You could certainly raise it now, and depending on the facts of your case, you may be able to obtain some accommodations, but clearly, you should consider filing a modification action to address the alimony due to her live-in boyfriend for the last several years, your timesharing, and even the fact of her relocation, though not having done anything about it before now may hurt your position. You should also look into bringing your direct payments issue before the court to obtain a credit for them against your alleged arrears. Consult with an attorney to discuss the specifics of your situation, and your options.
Answered on Jun 05th, 2015 at 10:25 AM
John Arthur Smitten
You have to go back to court and file papers to modify the alimony and support. Use of a lawyer is recommended.
Answered on Jun 05th, 2015 at 9:36 AM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You know what? You need to get a family attorney on your side. Without one you are lost. I have handled many situations that are very similar to yours and so have attorneys in your area. Get one now. It can be ordered that she must return the children to the state of Florida if she left without your written permission or without a court order allowing it. It can also be ordered that you are to be given credit for the support that you have paid. You can probably file a supplemental petition for modification as well.
Answered on Jun 05th, 2015 at 7:32 AM