Child Support Question. Florida I'm being told that if one owes child support then he can't received child support for the same child. Confused?
Facts:
2003 - Mom and Dad divorce in 2003 with Dad awarded custody and allowed to reside in home with children, with Mom to pay Child Support and Mom retaining 50% ownership of home; still on deed. Children to reside with Dad until age 18 at which time home is to be sold and proceeds split by both at 50%. Mom never paid child support as ordered by the courts, as she felt she supported the children through all their clothes, school, etc. Basically Mom had the children the majority of the time. Both understood that Child support arrearage would be deducted from home sale when children are 18.
2008 - Children's and family find Dad unfit due to child neglect, abuse, and drug problem and courts award custody to Mom. Full time Mom, not employed, has disabilities and cannot work. Mom is being told that since she is in the arrears with past child support that the courts will not order Dad to pay until her arrears are up to date. Since Dad is not moving very fast to sell the home anytime soon, mom can't finalize the arrears, therefore no support to take care of the two kids.
Question: shouldn't her arrears of child support be a separate issue and the courts still require him to pay support? There was a verbal understanding that the arrears would be deducted from the sale of the home (her 50%).
Note: Reason for the situation and understanding, Dad is a wealthy business owner and out lawyered Mom at divorce and really didn't need the support and agreed to deduct from home sale. Mom disabled and can't work, Dad mad because of unfit findings and pressing the arrearage. No court ordered support from Dad at present. Mom taking Dad to court but being advised that they will not force him to pay as long as she is still in arrears.
Thoughts, Suggestions, cases, etc.
Regards, Charlie
Facts:
2003 - Mom and Dad divorce in 2003 with Dad awarded custody and allowed to reside in home with children, with Mom to pay Child Support and Mom retaining 50% ownership of home; still on deed. Children to reside with Dad until age 18 at which time home is to be sold and proceeds split by both at 50%. Mom never paid child support as ordered by the courts, as she felt she supported the children through all their clothes, school, etc. Basically Mom had the children the majority of the time. Both understood that Child support arrearage would be deducted from home sale when children are 18.
2008 - Children's and family find Dad unfit due to child neglect, abuse, and drug problem and courts award custody to Mom. Full time Mom, not employed, has disabilities and cannot work. Mom is being told that since she is in the arrears with past child support that the courts will not order Dad to pay until her arrears are up to date. Since Dad is not moving very fast to sell the home anytime soon, mom can't finalize the arrears, therefore no support to take care of the two kids.
Question: shouldn't her arrears of child support be a separate issue and the courts still require him to pay support? There was a verbal understanding that the arrears would be deducted from the sale of the home (her 50%).
Note: Reason for the situation and understanding, Dad is a wealthy business owner and out lawyered Mom at divorce and really didn't need the support and agreed to deduct from home sale. Mom disabled and can't work, Dad mad because of unfit findings and pressing the arrearage. No court ordered support from Dad at present. Mom taking Dad to court but being advised that they will not force him to pay as long as she is still in arrears.
Thoughts, Suggestions, cases, etc.
Regards, Charlie
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