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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I want to file for child suppot. Currently my ex and I live

Customer Question

I want to file for child suppot. Currently my ex and I live separately in Orlando and my mother takes care of our baby 5 days a week bc I am unable to afford daycare while I'm at work. Am I still entitled to child support from the father. If I recieve it, I'd bring baby back to live full time with me and put him in daycare while I'm at work.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Are there any court orders for custody or support at this time?

Does your child live with you and just go to your Mom's for day care?

Customer: replied 5 years ago.
No there are no court orders. We are filing soon. My son lives with my mom currently and we both take for 2 days of the week. If I'm awarded child support however and he has to pay, I'll be able to afford child support and my son will again live with me full time
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - You can definely get child support but you first need to get a court order for custody. Until you have that you can't get the court to order the support. The support will be based on the respective incomes of the parties. If your Mom is the day care provider it will have no effect on whether the father pays child support. Many mothers live with their parents and receive child support from the father so there is no reason you will not get support.


Once you get custody the father will then get an order for visitation and the court will retain jurisdiction over the child issues until your child is an adult. I always recommend having a court order to define these issues since it will save a lot of disputes in the coming years.