Q: Married, husband hasn't met son & lives in another state. Can I establish custody before getting a divorce?
Since his release, he's gotten another woman pregnant. I supported him while he was in prison & had to relocate closer to family due to his incarceration. Since he is no longer coming to FL to be with us, am I eligible for alimony? He has a good job but hasn't sent us a dime. Just filed child support but he's not cooperating. Can I make sure he doesn't get any visitation since he's had no contact with our son & refuses to help support him at all?
A: Alimony is based on the recipient proving that he/she has the need and that the obligor has the ability to pay. Factors also include length of marriage and marriage contribution. More facts are necessary to determine whether you are eligible for alimony. As for visitation and child support, it is important to note that time sharing cannot be used as leverage to receive child support - therefore, a parent should not be denied timeshare because he/she is not paying child support. With that said, it is not in a child's best interest for a parent to intentionally fail to pay child support. There are procedures in place to compel child support payments.
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