Miami, FL asked in Child Custody, Family Law and Child Support for Florida

Q: Is it legal for a relative caretaker to choose which parent to put on child support in Florida?

My husband and I lost custody of our son. At that time my ex-husband's maternal Aunt took temporary custody. She filed a child support case on both of us, but she voluntarily dismissed the case against him, her nephew, and pursued the case against me. She voluntarily dismissed the case against him due to a conflict of interest of her being his aunt. Is that legal?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You have not indicated how the CS support case was resolved. I believe that any judgment entered against you should be only for your share of the child support which is rightfully payable. If she doesn't wish to collect her nephew's share of the CS obligation from him, she doesn't have to.

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