Cape Coral, FL asked in Child Support for Florida

Q: Going through divorce after living apart for 4 yrs. Should I get settlement THEN petition for 2 yrs retro CS or ask now?

My husband and I have been separated (unofficially)since July 2013. A mediator got involved in January 2017,making it official. I've been financially hit hard trying to pay 1/2 of my 2 kids' needs. My husband always cried poor,so I felt I had to go in half. I have since found out he lied about his finances and that he had plenty of money (made 2 and 3 times what I did) , he just didn't want to do the right thing, he opted to get away with things as cheaply as possible. We should be meeting to go over settlement in next 2 weeks (I don't have $ for my own attorney). I don't want to freak him out and tell him I am going for retroactive child support. I am afraid that my settlement will be adjusted downward to compensate, if I tell them that. My husband is very manipulative. We have been married over 18 years. He is in commission sales and has made between 100K and 150+K a yr and I make a salary of $50K. Our standard of living is vastly different. When do I go for the retro CS?

Related Topics:
2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If you agree to a settlement now, you probably won't be able to come back and seek to change it so as to get retroactive child support. So, by all means, either ask for retroactive child support now, or forget about it.

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
Answered
  • Lauderdale By The Sea, FL
  • Licensed in Florida

A: Based on the income of both parties, you should both have attorneys. There is too much at stake. Between the two of you, there is $150k - $200k in income. Why wouldn't you have an attorney to help you at this next meeting? Your husband should have to pay for your attorney's fees, based on the disparity in your income. Please call, so we can further discuss this matter. 954-776-2320.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.