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Questions Answered by Destardes Moore
1 Answer | Asked in Family Law for Florida on
Q: Help getting a Deadbeat dad to pay after never paying?

My son is 11 - his dad has never paid any child support, I live in Florida now with my son for 6 years, case is still ongoing he owes me over $50k, support order in place from NY, what can I do, at this point it seems hopeless.

Destardes Moore
Destardes Moore answered on Apr 30, 2021

Reach out to your local child support office and show them your New York child support order. They should help you enforce child support locally. Another option would be to file a private action in family court to domesticate and enforce the foreign (New York) order. Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: i wanted some one to look at my case because i don't know what to do. I just spent 8,000 on a lawyer and the other pers

please help

Destardes Moore
Destardes Moore answered on Dec 22, 2020

I’m not sure if your case is still pending or if your case has concluded. However, you can reach out to an attorney for a consultation and explain your legal issue more in-depth. Good Luck!

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If CP becomes unemployed in FL can the NCP obtain custody of the kids to support and move out state to GA?
Destardes Moore
Destardes Moore answered on Dec 22, 2020

If there is an Order in place, then the terms set forth in that Order will need to be followed as it pertains to timesharing and any modifications thereof. Usually, if the NCP has rights to the children pursuant to an Order, the NCP would need to file a Supplemental Petition to Modify Timesharing... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: What happens if the other party did not send me there financial affidavit to finish my child sport guidelines worksheet?

Do I just fill out my portion? And still file it?

Destardes Moore
Destardes Moore answered on Dec 15, 2020

When you attend the hearing the Judge or Magistrate will complete a child support guidelines worksheet for the case. Be sure to complete and file your financial affidavit prior to the hearing. Also, send the other party a letter requesting compliance with mandatory disclosures which includes... Read more »

2 Answers | Asked in Family Law for Florida on
Q: In the state of Florida After mediation the consent a final judgment is signed off by both parties does child support be

After mediation the consent of final judgment is signed off by both parties does child support begin on the date it is signed? Or after judge signs off?

Destardes Moore
Destardes Moore answered on Dec 15, 2020

Your agreement should state the date that child support begins. It is doesn't, file a Motion with the Court to establish the date.

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2 Answers | Asked in Family Law for Florida on
Q: After 14 years the biological father of my child is demanding that I tell him he has a biological father.

The biological father never claim rights to my child when he was a born and I was granted a restraining order against him for assaulting me after the birth. We went in front of a judge and he never even mentioned my son to the judge. My ex- husband stepped in and sign the birth certificate and has... Read more »

Destardes Moore
Destardes Moore answered on Dec 15, 2020

In Florida, if the biological Father wants to establish his rights he will need to file a Petition to Establish Paternity. He does not have any rights until he receives an Order from the Court. Good luck with everything!

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My 1.5 year old son has my last name, but I am not on the birth certificate. How do I go about getting shared custody?

My son’s mother threatens to leave the state and never allow me to see him again. I want to be on the birth certificate and have shared custody. She does not cooperate.

Destardes Moore
Destardes Moore answered on Dec 1, 2020

You will need to file a Petition to Determine Paternity and For Related Relief. In the Petition, you can request timesharing and to have your name added to the birth certificate. The Instructions that accompany the Petition will list the additional documents that are required for filing. The... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I recently discovered my ex husband provided false documents during our child support final hearing. What do I do now?

My ex husband provided false financial documents to the court in order to evade paying back child support that he owed. He provided a different set of 1099’s, tax returns and commission payments to the court than what the IRS reflects. A final order for our child support case was entered in April... Read more »

Destardes Moore
Destardes Moore answered on Dec 1, 2020

I agree with the previous attorney. File a Motion to Set Aside the Final Order on the basis of Fraud. Also, request reimbursement for the amount paid to your Former Husband that exceeds the actual amount owed. Good Luck!

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have full custody of my kids and their dad has 3hrs a week visitation which he never took.

The judge told me i cant move my kids out of ny state. I moved to florida 5 years ago and florida set support to 650. I think my kids dad will tell the courts i left so he wont have to pay that. since i been here so long and the kids and i are established can the judge force me to move back to ny?

Destardes Moore
Destardes Moore answered on Nov 12, 2020

You will likely need to consult with an attorney in NY to determine what document you would need to file under the circumstances. In Florida, the document that must be filed is called a Petition to Relocate. If the opposing party does not agree with the relocation and you moved contrary to the... Read more »

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Is it legal to take your 17 year old child out of the state without telling my husband?
Destardes Moore
Destardes Moore answered on Nov 3, 2020

If the parties are still married then yes it is legal. However, if there is a divorce pending or the parties are already divorced, then the Husband should be consulted prior to taking the minor child out of the state. Follow any standing family law orders and/or any other orders entered in the... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: My ex gf denies me electronic communication with our son.

I have 50/50 custody of our son. My ex gf is denying me electronic communication via app with our son. Parenting plan clearly states that I am entitled to electronic comunication. She claims that it's against a privacy law. What can I do?

Destardes Moore
Destardes Moore answered on Nov 3, 2020

If the parenting plan provides for electronic communication, then you will need to file a Motion for Contempt. Good luck!

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have has custody of my goddaughter for 8 years now. In 8 months she will be 18. Help me protect her.

Mom is threating her from prison I have temp custody and have had her 8 years. She wants to move her and she dosent want to leave. How do I protect her?

Destardes Moore
Destardes Moore answered on Sep 12, 2020

If your Temporary Custody Order states that it is in effect until further Order of the Court than the Mother cannot take the child without violating the Order. If she does take her then you can file an Emergency Motion with the Court requesting that she return the child to you. Depending on the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: How does a unwed farther with childern get vistion right when mother wont allow him have visit. An what can be done to b

The unwed farther n mother had a agreements on farther get weekends and every other hoilday. But now mother got new boyfriend the farther cant see the childern. All farther wants is to see childern now n file for full custody when get better living ground. The boyfriend has multiple 3degree felony... Read more »

Destardes Moore
Destardes Moore answered on Sep 12, 2020

Generally, an unwed father must file a Petition to Determine Paternity and Establish Time-sharing with the Court in order to obtain visitation rights with their children. Additional documents are required which are listed on the Petition's instructions. The Packet that contains the necessary... Read more »

3 Answers | Asked in Family Law and Child Support for Florida on
Q: What does case status of consent judgement mean in a Child support case in which I'm the receiving Parent

I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!

Destardes Moore
Destardes Moore answered on Sep 12, 2020

It is possible that the clerks have not gotten around to closing the case. You can check the docket in a couple of weeks to see if they have marked the case as closed. If they have not, call the clerk’s office and inform them that you received a letter advising that the arrears have been paid... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I want to leave father of my 16 yo daughter we have been together 24 yrs can can I request alimony and support in Florid

And what could I except in support, she has 3 years left in high school I average 10,000 a year he makes 60,000

Destardes Moore
Destardes Moore answered on Sep 12, 2020

Florida doesn't recognize common law marriage, so you wouldn't be entitled to alimony. However, you can file a Petition to Determine Paternity and for Related Relief before the minor child reaches the age of majority. The Court will likely calculate child support in accordance with the... Read more »

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