Q: I have (2) kids with my ex who is currently way behind in child support. Beyond the fact that I have given him chance
after chance to be in their lives he has continued to make reckless decisions. The last time was a year ago when I let him move in my income based apartment which I figured would help him get on his feet because the rent was so low, well instead of using the opportunity to get it together he moved his girlfriend and her 3 kids in. Between them fighting and him starting trouble with my neighbors all in a few months time mind you I was asked to vacate the premises. So my question is although we have a child support order there was nothing stated about visitation so he has not seen the kids in a year what can I do to keep it that way? Both my teenage daughters have made it clear they do not want to see him. He has been so inconsistent in their lives and has really exposed who he really is in front of them and they are doing so well without him
A: Who says that you have to do something to keep the status quo? It appears to me that he will not be trying to get more visitation at this stage and it would probably cost him a ton of money to hire an attorney to fight over it. If he does file a supplemental petition for modification, you need to get an attorney. You also need to read the provisions of Florida Statutes, Section 61.13(3), which is a list of factors that the court considers and which you should be able to expound upon.
A: If there is no paternity case, just a case through DOR (establishing child support only), then you have no obligation to allow him to see the children. Regardless he has the obligation to pay support for these children and failure to do so allows you to request the Court to find him in contempt, suspend his DL and in extreme cases incarceration.
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