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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11698
Experience:  19+ Years of Legal Practice in Family law matters.
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My son married a Peruvian national who had a

Customer Question

My son married a Peruvian national who had a child from an unmarried situation. My son paid for her paperwork for her and for her child to become US legal residents. He had a daughter with her. Two weeks ago she abandoned the home and without his knowledge had someone come to the house while he was not present and removed personal property. She claims she has filed for divorce. What are my son''s rights? He can not afford a lawyer, if he goes in front of the court without legal representation what are his responsibilities to support the daugther. He only makes $12.36 per hour. Will his income be computed based on 40 hours a week or will it include overtime. Thanks, José
Submitted: 6 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 6 years ago.

DearCustomer

I am so sorry for your son's troubles. Your son has the right to answer her complaint for divorce, either contesting the action itself (trying to prevent divorce, unlikely) or simply wanting to be heard on the issue of how much child support he will pay. Of course, if he seeks primary custody of his daughter, he may seek child support from the mother. He may also seek appropriate distribution of the marital assets, including those she took. Depending on her income, he may be seeking alimony himself, which involves many other factors.

As the father and the mother, both individuals have the legal obligation to support their child, notwithstanding the $12.36/hour. Many people make less than this but of course must support the child, who can not support herself. If appropriate child support can not be agreed upon, the Court will decide and could very well consider his overtime, as it is income he receives.

Because your son does not feel he can afford legal representation, which I completely understand because it can be frightfully expensive in a contested situation, he can represent himself pro se. He must very carefully READ everything he gets served and follow the directions to the T. I presume his main concern is the child support amount - he will likely have to pay at least what the Court guidelines indicate for his salary and 1 child. He can get a copy of these at his Family Court having jurisdiction.

I hope this information is helpful. If so, please click the GREEN "ACCEPT" button NOW in order that it be recognized as such and I receive credit for same from the company. Postive "FEEDBACK" and Bonuses are also very appreciated.

Sincerely,

Stephanie Joy

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11698
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 5 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Hi Stephanie, thanks for your answer. Two more questions.

1. He is paying child support fo $120 per week for a child from a previous relationship. Making only $12.36 per hour he has to work overtime to make ends meet. He will not ask for custody, of course he will be responsible to pay child support for the daugther....will the court consider this previous committment when assigning him an amount to pay for this other child?
2.He did not adopt the wife's son from a previous relationship....is he responsible for his support?
3.Will the fact that she abandoned the house have any bearing on the results?
Thanks, José
Customer: replied 6 years ago.
Hi Stephanie, I am going to accept your answer; however, I will appreciate it if you could answer the 3 points I sent you after the first question.
Thanks for your help, José
Expert:  AlexiaEsq. replied 6 years ago.

DearCustomer

Please bear with me, I am on hold on the issue of multiple non-clarifiation questions in one post. I will let you know what I learn.

Thank you for your prompt acceptance for the answer to the main lead question. I will be providing positive feedback on your account.

Sincerely,

Stephanie Joy

Expert:  AlexiaEsq. replied 6 years ago.

Dear XXXXX, thank you for your patience.

Additional research confirms that yes, your son should definitely make sure it is clear to the Court that there are 2 children he will be paying Child Support for, not just your grandchild, so that the Court will not be ignorant of that very important fact.

Whether or not a step-parent can be held responsible for a step-child as it pertains to child support depends on various facts and on the state. Fortunately, FL generally does not require this unless the step-parent adopts the child.

The fact that she abandoned the house will likely not have a bearing on child support. However, the following factors should be considered as per the Child support guidelines ase set out in Florida Statutes Annotated; Chapter 61.30.: (1) extraordinary medical, psychological, educational, or dental expenses; (2) independent income of the child; (3) the custodial parent receiving both child support and spousal support; (4) seasonal variations in a parent's income or expenses; (5) the age of the child, taking into consideration the greater needs of older children; (6) any special needs of the family; (7) the terms of any shared parental arrangement; (8) the total assets of the parents and the child; (9) the impact of any IRS Dependency Exemption; and (10) any other reason that should be considered in order to make the child support payments equitable.

Jose, please also note that health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court as well.

I wish you and your son, and granddaughter, all the best as you muddle through this difficult situation.

I hope you have found this information informative. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for same from the company. Your promptness is greatly appreciates. Positive "FEEDBACK" and bonuses are also appreciated.

Sincerely,

Stephanie Joy

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