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    Cat02Car's Avatar
    Cat02Car Posts: 2, Reputation: 1
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    #1

    Feb 19, 2011, 09:42 AM
    Can my ex-wife take my kids out of Florida with out my permission?
    We are going through a divorce is not finalized yet, but I have place that she is the custodial parent, I have placed myself in enforced child support. So the enforcement (irs) is already taking my child support out of my salary. She is planning to go to NY, I came down to miami to be closed to them with in 20 miles so I can see them more often. And now she has a boyfriend that lives in ny and she wants to move to ny. Can she just go, what can I do ?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 19, 2011, 09:57 AM
    Quote Originally Posted by Cat02Car View Post
    We are going through a divorce is not finalized yet, but i have place that she is the custodial parent, I have placed my self in enforced child support. so the enforcement (irs) is already taking my child support out of my salary. she is planning to go to NY, I came down to miami to be closed to them with in 20 miles so I can see them more often. and now she has a boyfriend that lives in ny and she wants to move to ny. can she just go, what can I do ?

    I'm a little confused by this post. IRS does not take child support out of your salary. Are you saying there is a child support order and that support is taken directly out of your paycheck?

    Where was the divorce filed, which State?

    Is there a visitation/custody order? What does it say?

    "Normally," no, she cannot take the children from the State because that would deprive you of visitation rights. In some cases she CAN take the children for better employment, medical emergency - which does not seem to be the situation here.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 19, 2011, 10:26 AM
    Quote Originally Posted by Cat02Car View Post
    ... divorce is not finalized yet, but i have place that she is the custodial parent, ...
    Quote Originally Posted by JudyKayTee View Post
    ...
    Is there a visitation/custody order? What does it say?
    ...
    If you don't have an order currently in place which addresses whether she can move the kids elsewhere, or if the proposed final divorce decree doesn't address the issue, now would be the time to make sure that both documents appropriately address it.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Feb 19, 2011, 11:00 AM

    How long have you been living in Florida and from what state did you move ?
    Cat02Car's Avatar
    Cat02Car Posts: 2, Reputation: 1
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    #5

    Feb 24, 2011, 05:06 AM
    Comment on JudyKayTee's post
    The state of Florida, and yes support is garnished by IRS on enforced child support.
    There is no visitation order the court told me that the state of Florida y a no fault state, it is a share custody state. I don't know about that I have seen in court that the system does not due anything to prevent the women from taking the kid.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Feb 24, 2011, 07:54 AM

    Whether Florida is a "no fault" State has nothing to do with this situation.

    I don't know any State where you can't get "shared custody."

    I am not aware that there is a policy that the woman can take the "kid" (and I would refrain from using that word in Court) without issues.

    How many of these cases have you seen?
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