How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FamilyAnswer Your Own Question

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 17299
Experience:  8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
9540344
Type Your Family Law Question Here...
FamilyAnswer is online now
A new question is answered every 9 seconds

Ive been divorced since 2003 and I have two children. Since

Resolved Question:

I've been divorced since 2003 and I have two children. Since then I've been supporting my two children with very little child support. At present I have one child, 17, residing in my home with me, my other son, 22, has moved on. However, in 2010 my ex filed custody of my youngest son in exchange that I take care of the older one and he takes care of the younger one financially. Well my younger son, 17, stayed with him for 2 weeks and moved back with me, this was immediately following the court in 2010. I've never went back to court or hired an attorney because it took so much time and money that I just wanted to rid all the anxiety of these problems to keep my son's life happy. Now I am ready to fight again and would like to know what is the first thing I need to do. My son has lived with me, really, since our divorce in 2003 and continued living with me after my husband lied and said that he lived with him since 2010, but I have not received any child support since then. It's been 3 years since my son has been living with me and I have proof from the school he's attended as I am his sole supporter since this school is private. Do I regain custody of my son and file the court to sue for monies owed since 2010 for child support? Or do I go to Child Support Enforement in Pinellas County, FL and apply for child support? Please advise as to what I should do?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Do you have a court order for child support or was the support informal and agreed upon by you and him outside of court?
Customer: replied 1 year ago.

No I do not have any child support; at one time after the divorce in 2003 I did receive about $156 monthly for both children. However, we both agreed in 2010 that he would take support and have the youngest child, now 17, and I would take the older child, now 22. After that the 17 year old only stayed with him for 2 weeks and I never anything after that.

Expert:  FamilyAnswer replied 1 year ago.
Tina, thank you for the additional information. In Florida, child support is paid until the age of 18, unless ordered otherwise by the court. Since your child is still a minor and under the age of 18, you can certainly petition the court and file for child support to be ordered, making the father pay. The clerk of court in the county where you reside has the necessary forms but I have also provided you a link, as well:

http://www.flcourts.org/gen_public/family/forms_rules/902e.pdf

As far as the matter with the other child, now age 22, the Judge may not be inclined to order any retroactive support. I have provided the Florida Statute as well, which address retroactive support but that deals with a minor and when the parents live apart. The fact that support was never ordered and the child is now a legal adult, may prevent you from collecting. Subection (17) speaks about this, in the statute. If there was previously a court order in place, then you would have ever legal right to collect the arrears plus interest on the money owed. However, if you first want to try and have it ordered for the 22 year old, it may not be possible.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.30.html

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

When I file a petition with the court for child support can I also ask to get get retroactive support since 2010 for the 17 year old? Do I explain that this child only stayed with his father for 2 weeks and I've been taking care of him since 2010?

Expert:  FamilyAnswer replied 1 year ago.
Yes, it is something that you can ask the Judge to order and explain that there was an informal agreement and the father failed to comply with that, placing the financial burden solely on you, for all these years. If you refer to the statute which I provided, I believe the Judge can issue it for 2 years back.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 17299
Experience: 8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
FamilyAnswer and other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
FamilyAnswer
FamilyAnswer
3349 Satisfied Customers
8 + years of handling Family Law, Divorce, Child Custody and Child Support cases