My ex is not paying me child support can i withhold parenting time hi I’m nydia streets your child support lawyer with vari and associates of downtown miami if your ex is not paying child support that he or she is ordered to pay to you you cannot withhold time sharing or visitation with that parent under florida law.
The duty to pay child support and the right to visitation or timesharing are mutually exclusive so that means that one is not dependent upon the other so it works both ways just as if the time sharing weren’t happening the other parent could not decline to pay child.
Support you cannot withhold time sharing based on the other parent not paying child support the appropriate thing to do when the other parent is not paying child support that’s court ordered is to seek to have that parent held in contempt of court.
By filing a motion for contempt in which you can seek to have your attorneys fees paid and other sanctions levied against the parent such as suspension of their driver’s license and other uh. inconvenient things to prompt them to pay the child support but it would not be appropriate to withhold visitation or time sharing to quoteunquote punish that parents for not paying the child support.
Orlando Family Law Attorney What Can You Do if You Have A Child but Are Not Married
What do you do if you have a child and youre not married? im steve kramer. im a florida family law and divorce attorney. Now were going to look at situation where maybe you and your ex have a child together but you broke up and now you dont have any kind of timesharing schedule set up. You dont have any custody arrangements established. Theres no paternity or child support set. The question is what do you do? And theres two options. One is you can file a paternity claim and thats basically where you go.
To court and you ask the court to establish that you or your ex is the parent of the child. And the other option is you can go to Child Support Enforcement with the state of Florida and ask them to establish child support for you. Now, if you go ahead and file a paternity action this is going to allow you to establish a parenting plan. And a parenting plan basically sets forth how youre going to raise this child. Everything how you deal with school, how you deal with medical issues, whos responsible for what, the amount of child.
Support, where the child spends their time, everything. if you go to the department of Revenue for Child Support Enforcement, first off you may need to meet certain financial criteria. You may have to show that youre indigent or be receiving benefits from the state of Florida. But if you do that, they will go ahead and they will argue for paternity and they will argue for child support. What they wont argue is a parenting plan and this is an important note because a parenting plan can have a direct impact on the amount.
Of child support. meaning if you each have the child 50% of the time and you each make about the same amount of money, child support is going to be virtually minimal. But if one of you has the child 80% of the time and the other has the child 20% of the time, child support is going to be awarded to a much higher degree for the person whos got the child most of the time. So that parenting plan can affect the child support. And if you go to the Department of Revenue for Child Support, they may get you child support but theyre.
Not going to set forth the parenting plan and that can impact child support. and im telling this because a lot of people are in this situation where they may not be married but they share a child in common with somebody else. And we deal with these issues all the time. If you have any questions, Id be glad to talk with you, discuss your case, look at the situation. I deal with this stuff every day. Im Steve Kramer, thanks for watching the tutorial.