Custody and Support Modification

[helpingdad]

Just a little background on our story. Dad gained custody of 15 year and 17 year old a month ago. Mother is really mad and is vowing to regain custody of 15 year old. The 17 year old will graduate this summer.

Mother's big reason for being involved with the 15 year old right now is to get her to go live with her the next school year. The bigger reason is she is not getting a sizeable support check anymore.

The court battle took alot out of Dad and he does not want to go through another court case. The previous court case took place in Ohio but all parties now live in Fl. If the mother gets custody of the daughter this summer, will Fl laws be applicable to this case.

Will the child support mod be based on Fl laws? In court the mother said that she doesn't work and takes care of an ailing man and in return he takes care of her. She lives with him. She may marry him soon. So the court used her income  and Dad' income from 2001 when the divorce happened to calculate current support. If she uses the excuse that she doesn't work and has no income, will the Fl courts base child support mod on Dad's present income and hers as $0.00. Will they use anything from Ohio?

Thanks again for your advice and help.

[socrateaser]

>Will the child support mod be based on Fl laws?

Yes.


>In court the mother said that she doesn't work and takes care of an ailing
>man and in return he takes care of her. She lives with him.
>She may marry him soon. So the court used her income  and Dad'
>income from 2001 when the divorce happened to calculate
>current support. If she uses the excuse that she doesn't work
>and has no income, will the Fl courts base child support mod
>on Dad's present income and hers as $0.00. Will they use
>anything from Ohio?

FL will impute Mom's income to 40 hrs. per week, minimum wage, unless Dad prove Mom is capable of earning more. Everyone is presumed to be able to work a minimum wage job, unless a person is physically disabled or mentally incompetent.