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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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I have a three year old, the father is not involved at all

Resolved Question:

I have a three year old, the father is not involved at all and never helped with money even though he always says he is going to make more soon and plans on helping us. He lives in another state and just saw his child once. I recently got sole custody and applied for child support. He randomly texts and asks me to kiss and tell our son that he loves him, I told him to stop sending me those empty texts and that if he truly loved his son he would give of his time and money. And a week after our conversation he offered to send me some money. Should I take the money? Im sure its not more than $200.00 will it affect child support decisions and lower the amount because he will prove that he gave me money willingly? I know I can't trust him to send us money every month I waited 3 years to prove it. How should I respond to him if I shouldn't take the money? He works for himself and can report reduced income and has 2 other kids.
Submitted: 1 year ago.
Category: Family Law
Expert:  Floridalegalanswer replied 1 year ago.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

In my opinion, you should accept the money.

Floridalegalanswer :

He may get the credit for the amount that he has paid but that will not effect what his child support obligation will be.

Floridalegalanswer :

Child support is determined on the amount of income the parents earn (among other factors). The fact that he has paid you some money towards child support will only go towards the back child support amount he would owe. So, the more money you can get now, the better for you.

Floridalegalanswer :

So, for example, let's say his child support gets established at $500/month and he owes 6 months back support. That means he would owe $3,000 for the back support plus he would still owe the $500/month going forward. Any money he has paid would go to reduce the $3,000 first.

Customer:

Ok, Thaknks. What if he says he will give me $200 a month will they beleive him and reduce lets say the $500 order to $300?

Floridalegalanswer :

No, he will have to prove all of the payments he has made.

Floridalegalanswer :

Any money that he pays will go towards paying back the back child support first. It will not change the monthly amount that he owes.

Floridalegalanswer :

So, the $500 would not get reduced to $300. The $500 will be $500 regardless of what he has or has not paid.

Customer:

Ok, thanks a lot! I hope he still has the money I will text him now. as long as you are sure. :)

Floridalegalanswer :

Yes, absolutely sure! Take the money when you can get it.

Floridalegalanswer :

He will get credit for it. But it will not reduce the monthly amount that he will have to owe. It will only go towards the back child support.

Floridalegalanswer :

Please let me know if you have any other questions. Otherwise, please Rate and Accept my answer. Thank you and Good Luck!

Customer:

One more question. I have never pressed him for money I asked him 3 times since my son was born and he didn't see his son until he turned 3. he never made any real effort to contact us. he sent a friend request n facebook the first year my son was born. so I hope he cant use my being non chalant about it as an excuse for me not showing financial need.

Customer:

I mean until he turned 2 years old

Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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Expert:  Floridalegalanswer replied 1 year ago.
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Expert:  Floridalegalanswer replied 1 year ago.
No, he cannot use it against you. It is not meant for you. Child support is meant for the child and it does not matter if you "need" it or not. Your child is entitled to it and he has to pay it. Of course, it gets paid to you but that is money that is designed for the child. I'm sure you have paid more than $200 on your child over the years and it is both parents responsibility to support the child...Smile

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