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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30167
Experience:  Attorney with experience in family law.
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My son is paying a child support order in florida for 2

Customer Question

Hello, My son is paying a child support order in florida for 2 children in the amount of $1100.00 per month. His ex girlfrient simply refuses to let him have over nights with his kids fearing the child support money will go down. How can he fight this?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: St petersburg florida
JA: Have you talked to a lawyer yet?
Customer: He can't afford one
JA: Anything else you want the lawyer to know before I connect you?
Customer: he barely has enough to survive on. He is renting a room now, he is thinking of moving out because he can/t afford that either. She put him in a terrible positioon
Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your son's situation.

Is there an existing child custody order in place? If so, what does it say? Did they go to court to get the support order or set it up through the state?

Customer: replied 11 months ago.
He went to a child support hearing in Florida on Oct 10,2016. He is aware of the overnight rules. If he can get a decent amount of overnights, He may be able to get the amount lowered. The problem is she will not allow this at all coming up with different excuses why he can't. They both live in st petersburg Florida. Presently there is no time sharing plan set up, if there was, she still won't do it. He built her house, put her thru school, etc, when she threw him out, he did'nt have a penny to his name. Alot of my family thinks all this is intentional. He can't afford to live, see a lawyer, get his own healthcare, etc.Can you help me please?
Expert:  Lucy, Esq. replied 11 months ago.

If there's an order, she doesn't get to refuse. That's the entire purpose of the order. And child support guidelines start with the presumption that the non-custodial parent is taking the child overnight at least sometimes - usually on alternating weekends and a day or two during the week. Support doesn't get lowered unless the non-custodial parent moves to having the child closer to half the time. On top of that, "I don't want to lose child support" isn't a valid reason for denying a parent time with their child. There's a whole list of factors, and none of them are about the custodial parent's finances.

Customer: replied 11 months ago.
No, I am on ssd. I can't afford much either. Thank you Lucy
Expert:  Lucy, Esq. replied 11 months ago.

Phone calls are offered by the site. There is no obligation to accept.

The courts have forms online that he can use to establish a parenting plan. He does not need a lawyer.

Expert:  Lucy, Esq. replied 11 months ago.

The fact that her reasons for denying visitation are 100% selfish will actually count in your son's favor if he has to go to court to get visitation.

Expert:  Lucy, Esq. replied 11 months ago.

Once he gets an order, if she still says no, he can ask police to accompany him to her house to facilitate the exchange. He can file contempt of court charges. And if it continues long enough, he can use her refusal to be reasonable as a reason that he should be the custodial parent instead of her.

Customer: replied 11 months ago.
She is playing the afraid for my life game with him. She openly sent a text monday night " just pay the money and we can both move on" He is crushed!
Expert:  Lucy, Esq. replied 11 months ago.

He should save that text, because the judge will want to see it. Judges don't really like it when people use their children as a means of extortion rather than a human being.

Customer: replied 11 months ago.
If you call me, will that cost?
Expert:  Lucy, Esq. replied 11 months ago.

She doesn't OWN the child. It took two to create him. And both parents have rights. He just needs to go to court to exercise his.

Expert:  Lucy, Esq. replied 11 months ago.

There is a fee for telephone calls on top of the $38 you have already agreed to pay for this conversation.

Customer: replied 11 months ago.
I have to decline. I thought it was $5.00
Expert:  Lucy, Esq. replied 11 months ago.

Then I'm afraid I cannot assist you. Experts only get paid when customers pay for questions. Please contact customer service.

Expert:  Lucy, Esq. replied 11 months ago.

Have a good day.