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Messages - FloridaAbuse

#1
Please help!!  I posted this on the CS forum.  Please provide some feedback regarding Florida CS Modification Statutes.  Are fathers not included?  Isn't this discrimination?  My son can't afford an attorney and Legal Aid is only taking domestic violence cases.  This case is full of emotional spousal abuse by the wife, but a beautiful blonde can manipulate the courtroom here!
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Yesterday, my son had the mediation for child support review, and once again, the ex W did not have to turn in a thing!  My son even had proof of her income sources. She started screaming at him, and they were put in separate rooms.  He  was told by the mediator that the judge would tell him to get a second job, let his jeep go, get rid of his phone, and anything else that he owned or spent money on including food, and the child support would be kept the same. He would need to get a 2nd or 3rd job if necessary, and would be in jail every weekend starting June 2 until he was caught up. He is paying $475 per month on a 19,000 per year salary. He went back to the job where he was making over 30,000, but they were bought out by cooperate and the pay is horrible.  His income has reduced during the past 5 years, but he has not willingfully looked for lower paying jobs.  She owns a fitness gym, worked for another gym last year, and also works for her husband's realty company. What is the point of having laws in this state??? He has been applying for other jobs, so it is not like he has not been trying. The economy is not good and finding jobs with good pay is not easy.  He is behind $2177.94 (was paid up until 01/08) which includes medical bills, which he has not seen for 6 months. He has been paying what he could, so he has not willingfully stopped paying, and according to Florida statutes, paying what he could and requesting a modification was what he should be doing. This is such a joke!!! Any one else tangled with the Florida courts? If you haven't, don't bother if you are a father. The law is not followed here. My husband and I are broke from trying to help, and he is flat broke! So, I guess jail is it!!  The sad thing about all of this--the 7 year old son cries every time his Dad has to return him to his mother--this has not been caused by his bad faith.  The mother has called my son many times screaming and cursing (in front of the child) and saying that my son caused all of this and he had better get him calmed down so she could sleep.  She also encourages her son to call her husband "Dad" since "he is the only real dad the boy has".  During these calls, my grandson is screaming "no, it is not Daddy!  It's me!  I want to live with him!"

BTW, I am posting as my son has no self esteem left and has basically given up.  His wife beat him during the marriage and the emotional abuse has been the worst that I have every known.  We are very worried if he is going to make it through all of this mess.  He has no place to turn.  The love he has for his son is the only thing that is keeping him going.  They are very close and he is an excellent father.

#2
Hi,
The paragraph below is from the Florida CS Modification procedures that are to be followed--I assume that it means what is states.  Why can the CP (mother) get away with not filing the Financial Affidavit as stated?
Would that not be contempt of court?  Where are the rights of the NCP (father) in regards to the stated requirement??  Since the mother is refusing (and refused the same during the divorce 6 years ago), what form do you use to request that which is stated be done?  Is the mediator, judge, or the court in contempt for not making sure that the Rules of Procedure are not followed by both parties??  Please explain as I am evidently missing something "between the lines".  Is this not sexual discrimination?
Thanks,
FloridaAbuse and FedUp
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Child Support... The court may order one parent to pay child support to assist the other parent in
meeting the child(ren)'s material needs. Both parents are required to provide financial support, but
one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent.
Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines
are based on the combined income of both parents and take into account the financial contributions of
both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure
Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial
affidavits, you should be able to calculate the amount of child support that should be paid using the Child
Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the
child support guidelines take several factors into consideration, change over time, and vary from state to
state, your child support obligation may be more or less than that of other people in seemingly similar
situations.
#3
Well, today my son turned in all of the paperwork necessary for child support review, and once again, the ex W did not have to turn in a thing!
My son was told by the mediator that the judge would tell him to get a second job, let his jeep go, get rid of phone, and anything else that he spent money on including food, and the child support would be kept the same.  He would need to get a 2nd or 3rd job if necessary, and would be in jail every week until he was caught up.  He is paying $475 per month on a 19,000 per year salary.  He went back to the job where he was making over 30,000, but they were bought out by cooperate and the pay is horrible.  She owns a fittness gym, worked for another gym last year, and also works for her husband's realty company.  What is the point of having laws in this state???  He has been applying for other jobs, so it is not like he has not been trying.  He is behind $2177.94 which includes medical.  He has been paying what he could, so he has not willingfully stoped paying, and according to Florida statutes, requesting a modification was what he should be doing.  This is such a joke!!!  Any one else tangled with the Florida courts?  If you haven't, don't bother is you are a father.  The law is not followed here.  We are broke from trying to help, ane he is flat broke!  So, I guess jail is it!!