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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41600
Experience:  30 years as a family law lawyer .
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Ok in 03 we divorced, She got primary residential custody,

Customer Question

Ok in 03 we divorced, She got primary residential custody, I was to pay $500 a mnth CS . In 05 we got back together, & agreed CS didnt need to be Paid ,(stupid Me ) didnt get modification papers ,as I was unaware I needed to , Anyway on may 11th of 09 she decided to Leave again , but this time she left the kids with me, as of last week she says she is coming to get kids & wants me to pay CS as of Aug 1st, plus she is saying she wants back CS for time we were back together,,my question is this , since I have the children & she is the 1 who left in may should I file for temporary custody to keep kids with me & if so what are my chances of getting Back CS dropped ? I live in florida
Submitted: 8 years ago.
Category: Family Law
Expert:  Lady Themis replied 8 years ago.
<p>Thank you for your question.</p><p> </p><p>Whether you want to file for custody of the children is up to you. Since she left without taking the children, it is possible that the court will grant you custody of the children. The court will determine what is in the children's best interest when making this decision. </p><p> </p><p>It is possible that you can get some or all of your child support arrearage dropped. While child support modifications are generally not retroactive, if you prove to the court that you were living together for the past 4 years, and supporting the children by buying food, clothing them, paying your rent, etc., the court can consider that in determining whether it will enforce the arrearage.</p><p> </p>
Customer: replied 8 years ago.
Im Sorry Im looking for someone with Fla experiance, our system seems to be geared for the women , with a no fault state its tough
Expert:  Lady Themis replied 8 years ago.
I will opt out.

Expert:  RayAnswers replied 8 years ago.
You have excellent chances if you file here of getting the arrears credited for the time period you have had the kids. You may also seek future custody and support. I would not give up the kids here if your motion is on file.

A critical issue here may be if the kids want to live with you and they may make the difference here. But tom em you should consider filing while you have the kids and they are prospering.

You also need the arrears to be credited since they have lived with you. I don't thik in this situation that a court would favor her. You have raised the kids here and deserve custody and support credit. It is the fair thing to do and in their best interests.You have the facts here and the kids so you have it all on your side at this time..
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41600
Experience: 30 years as a family law lawyer .
RayAnswers and 2 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Ray Im sorry I didnt respond to you yesterday, got busy & forgot to ,, I want to thank you for your responce , Im going to speak with an att localy on monday thanx to your thoughts that i have a good chance , sure hope my local atty agrees .
Expert:  RayAnswers replied 8 years ago.
Good luck and thank you..Ray

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