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mendoza2005 · Oct 30, 2011, 01:01 PM

I'm separated from my husband for more than two years. I'm unemployed 6 months ago with a 6 year old girl with a child support of 350 a month. I will be receiving my first payment of child support this month. He changed his job and he is making about 70k a year. My daughter has extra expenses as after school, field trips, soccer, birthday present for her friends, etc. And it's just getting so pricey for me and I want him to pay half of everything.

I would like him to pay half of the extra expenses I have and he's so difficult. He left me for another woman, I quit my job 3 months prior our break up because he wanted me to be a housewife. Its been a nightmare not having an stable job I been doing a lot of temp assignment but nothing stable.

The emotional and financial stress he left with it hasn't been easy. He has a new girlfriend which she always minding my daughter business. And he's so difficult. He see my daughter every other weekend which is the weekend he works and he leaves my daughter with his girlfriend and her 12 year old son which I don't know where they live and I can't even talk to my daughter during the whole day until he gets to her house from work.

I told him if he doesn't pay me he will not see his daughter he threads in coming to my house with the cops but, we don't have a visitation with the court just child support. He doesn't know where my daughter school is, her teacher's name, where she plays soccer or what she's learning from school. My daughter calls him and he's never available and I see my daughter's face of disappointment. I don't have money to pay an attorney to get divorce, get full custody. I want to move out from FL to Georgia to stat my life in peace. I don't see FL as a place to raise your kids with morals and values and I see more opportunities and a peaceful life in Georgia.

ScottGem · Oct 30, 2011, 01:10 PM

First, you have put yourself in a dangerous position. Without a court order, you have equal rights to your child. If he were to keep her after visitation he would be within his rights.

If you move without permission of him or the court, he can go to court and order you to return or at least order you to return the child.

Your best bet is to go to court for support and limited visitation or the right to move.

Fr_Chuck · Oct 30, 2011, 04:11 PM

And you are giving him all the ammunition he needs to perhaps fight for custody, threatening him not to allow him visits , not letting him know where the child goes to school and more. Visitation and child support are not connected.

Is the child support court ordered ? So you have a formal separation agreement ? You have not mentioned divorce ?
Child support order ? Child custody order ?
Why is there not court ordered visitation if there is a child support order ?

Also if you move out of state without his permission, he could fie in court to order you back to the state, or at least to turn the child over to him unless you do.

Morals ? Not sure where in Fl you are, and where in GA you think you will move for moral issues

AK lawyer · Oct 30, 2011, 05:42 PM

Originally Posted by mendoza2005

.... I will be receiving my first payment of child support this month. ... he is making about 70k a year. ... I want him to pay half of everything.
...

$350 per month seems quite low, with you having almost sole physical custody, you being unemployed, and him making $70 K. You need to get child support ordered by the court, and not just accept what he decides to give you. On the other hand, there is a specific formula for this, so don't count on getting paid half of the expenses. It doesn't work that way.

mendoza2005 · Oct 31, 2011, 06:56 AM

The child support is court ordered and we are not divorce yet and we don't have a court ordered visitation. When the child support office was working on my case he was in other job and he wasn't making not that much. He changes jobs, he report the job changed but no his income.

AK lawyer · Oct 31, 2011, 07:33 AM

Originally Posted by mendoza2005

The child support is court ordered and we are not divorce yet and we dont have a court ordered visitation. When the child support office was working on my case he was in other job and he wasnt making not that much. He changes jobs, he report the job changed but no his income.

In that case, move to modify the monthly support.