Q: My divorce papers state that I’m supposed to have my two kids every other weekend and Thursdays
However they have not come to my house for two years one will be 18 January 15 and one will be 16 on Feb 14. Prior to that the ex never followed the parenting plan and I took her for contempt and the court did not enforce it. Now she has ask department of revenue and Florida to do a declaration of change in circumstance. My question is can she go back two years on days the kids did not come here or from the date of paperwork. I pay 407.00 a month and have never been late nor in arrears. I’m assuming she is doing this to get more money since I will end the support in May once the 18 year old graduates. Thank you
A: Ideally, when the mother started denying you contact you should have filed a motion for contempt and sought make up timesharing and sanctions for her actions. Being this has gone on for two years the court is going to look at the history of what has gone on for the last two years to determine if you have just been complaisant with the situation and intern were in agreement through non action, or if the lack of timesharing was the Mother's fault. If the court makes a finding against you the court could order child support to be modified back to the date that you stopped following the parenting plan which could expose you to significant child support arrears. I would highly recommend contacting a local experienced attorney to assist you in this matter.
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