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

Q: My daughter wants to go live with her dad out of state. Will I have to pay him Child Support if he's never paid?

I live in FL and he in NC. My daughter has expressed she wants to go to high school in NC so she can go to university there. He decided to be a part of her life @ age 10. Before this, I was taking care of everything 100% without any help from him. When he became involved, he asked that I not do court ordered support, and he would send me money. As of about 2 years ago, I get about $200/mo in a private account (he tells her about it so I just use it for her direct expenses). When (if) she goes to live with him for HS, will I be required to pay support, even though he hasn't (especially from before age 10)? Will the courts take this into account?

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2 Lawyer Answers

Rand Scott Lieber

  • Hollywood, FL
  • Licensed in Florida

A: Child support is the right of the child so legally you cannot waive it. I would suggest trying to reach an agreement with dad first. If he insists on child support if the move happens then you have the options of 1. not agreeing to the relocation and 2. pursuing back child support against him as I am guessing that $200 is much less than he would have owed.

Bruce Alexander Minnick agrees with this answer

Henry George Ferro

  • Ocala, FL
  • Licensed in Florida

A: You should seek the advice of a local counsel to determine the proper course of action in this matter, there is insufficient information herein to make those decisions...

Bruce Alexander Minnick agrees with this answer

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