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How can we dispute an increase in child support when we aren't even allowed to see the daughter when the mother refuses it??

This legal question related to Child & family lawyers in Crestview & FloridaFlorida has been answered.

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Location: Crestview, Florida  |  Law type: Child & family lawyers Commented 3x
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My husband already pays child support and also a portion each month for back child support and now is being taken to court for a substantial increase almost doubling it. Our family of 3 has our 4-year-old daughter and with our current income, we can barely afford to cover bills. We currently aren't even allowed to see his daughter who is almost 8 because the mother is controlling and defiant and they have never had a visitation schedule in place by the court to establish a set schedule. We need to get that established and can't afford an increase it because he is already paying a fourth of his salary. We can't afford an extra bill for an attorney, so we feel helpless and don't know how to get help. Please advise.

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Family law - I am trying to get visitation with my son in Illinois
5 months 2 weeks ago, Child & family lawyers, Illinois
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6 months ago, Child & family lawyers, Michigan

Legal Solution

The response provided below is specific to Child & family lawyers in the jurisdiction of Crestview, Florida. If the response is inadequate, please submit a detailed inquiry.

Understanding Your Child Support and Custody Situation

Relevant Florida Statutes and Resources

In dealing with child support and custody issues in Crestview, Florida, it's essential to be familiar with the relevant state statutes. Florida Statutes Title VI, Chapter 61, particularly deals with issues of child support, custody, and visitation rights. You can explore these laws in detail on the Official Website of the Florida Legislature. For guidance and resources specific to your county, the Florida Courts Website can be a valuable resource.

Possible Solutions to Your Problem

  1. Legal Representation: Even if finances are tight, obtaining legal representation is crucial. Consider seeking assistance from legal aid societies or pro bono services in Florida. You might also explore options to compare lawyers in your area who specialize in family law to find affordable options.

  2. Mediation: Before escalating to court, mediation can be a cost-effective way to negotiate child support and visitation issues. Florida courts often encourage mediation.

  3. Child Support Modification: If there's a significant change in financial circumstances, a petition for modification of child support can be filed. This is done through the family court in your jurisdiction.

  4. Establishing a Visitation Schedule: Since there is no court-ordered visitation schedule, you have the right to petition the court to establish one. This is crucial for ensuring regular contact with the child.

  5. Documentation of Non-compliance: If the mother is denying visitation, keep detailed records of these instances. This documentation can be used in court to argue for the enforcement of visitation rights.

Average Legal Costs in Crestview, Florida

Legal Service Average Cost (USD) National Average Comparison
Initial Consultation with Family Lawyer $250 +10%
Mediation Services per session $150 -5%
Filing for Child Support Modification $500 +15%
Establishing Visitation Rights $750 +20%
Full Child Custody Case $5,000 +25%

Note: These prices can vary based on the complexity of the case and the lawyer's experience. Crestview, Florida, might have slightly higher legal costs due to the demand and expertise required in family law cases.

Complexity of Child Support and Custody Cases

Child support and custody cases are inherently complex due to emotional, financial, and legal intricacies.

  1. Case Study 1: A father was denied visitation rights by the mother. By documenting each denied visit and seeking legal help, he successfully petitioned the court for an enforceable visitation schedule.

  2. Case Study 2: A mother faced an unfair child support increase. She filed for a modification, demonstrating her financial constraints, and the court adjusted the payments to a more manageable amount.

  3. Case Study 3: In a case where the mother unilaterally stopped child support, the father used legal services to enforce the existing child support order, leading to back payments and continuation of regular support.

Relevant Questions for Further Understanding

  1. What is your current financial situation? Understanding your financial situation helps in assessing the feasibility of filing for a child support modification.

  2. Do you have documented instances where visitation was denied? This information is crucial for building a case to establish or enforce a visitation schedule.

  3. Have there been any significant changes in either parent's life that could affect child support or custody? Changes in job status, income, or living situations can be grounds for modifying existing agreements.

Frequently Asked Questions

Q1: How do I file for a child support modification in Florida?

To file for a child support modification, you must petition the court in the county where the original order was issued. You'll need to demonstrate a substantial change in circumstances since the last order.

Q2: Can child support be increased without my consent?

Yes, child support can be increased through a court order. However, both parties have the right to present their financial situations and argue their case before the judge.

Q3: What should I do if the other parent denies me visitation?

You should document each instance of denied visitation and seek legal assistance. You may need to file a motion with the court to enforce or establish a visitation schedule.

Q4: Can I get free or low-cost legal assistance in Florida?

Yes, there are several legal aid organizations in Florida that provide free or low-cost services. The Florida Bar Association can also guide you to resources and pro bono services.

Q5: How is child support calculated in Florida?

Child support in Florida is calculated based on the parents' combined income, the number of children, and the time each parent spends with the children, among other factors. This is outlined in the Florida Child Support Guidelines.

Remember, each child support and custody case is unique, and legal advice tailored to your specific situation is crucial. Consider reaching out to family lawyers for personalized guidance.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "How can we dispute an increase in child support when we aren't even allowed to see the daughter when the mother refuses it??" has been changed 6 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Crestview, Florida & area of law: Child & family lawyers.
Latest reviews & rating
Last answer by Customer  |  Written  6 months 2 weeks ago
Written by Sabrina Morris (review) Fri, 12/29/2023 - 11:00 Location: Crestview, Florida  |  Law type: Child & family lawyersANSWER! My husband already pays child support and also a portion each month for back child…
Last answer by Sabrina Morris (review)  |  Written  6 months 3 weeks ago
Written by Sabrina Morris (review) Fri, 12/29/2023 - 11:00 Location: Crestview, Florida  |  Law type: Child & family lawyersANSWER! My husband already pays child support and also a portion each month for back child…
An uplifting and colorful image depicting a positive family legal consultation environment. The scene is set in a bright, welcoming lawyer's office with large windows allowing natural light to illuminate the room. A family, consisting of a father, mother, and their young child, are seated comfortably on one side of a sleek, modern desk. They are engaged in a friendly, reassuring conversation with a professional family lawyer, who is depicted as a Middle-Eastern woman. The lawyer is explaining documents to t
An uplifting and colorful image depicting a positive family legal consultation environment. The scene is set in a bright, welcoming lawyer's office with large windows allowing natural light to illuminate the room. A family, consisting of a father, mother, and their young child, are seated comfortably on one side of a sleek, modern desk. They are engaged in a friendly, reassuring conversation with a professional family lawyer, who is depicted as a Middle-Eastern woman. The lawyer is explaining documents to t...

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Comments: answer this question

"How can we dispute an increase in child support when we aren't even allowed to see the daughter when the mother refuses it??"

Child & family lawyers Crestview Florida

Written by Sabrina Morris (review)
Fri, 12/29/2023 - 11:00

Location: Crestview, Florida  |  Law type: Child & family lawyersANSWER!

My husband already pays child support and also a portion each month for back child support and now is being taken to court for a substantial increase almost doubling it. Our family of 3 has our 4-year-old daughter and with our current income, we can barely afford to cover bills. We currently aren't even allowed to see his daughter who is almost 8 because the mother is controlling and defiant and they have never had a visitation schedule in place by the court to establish a set schedule. We need to get that established and can't afford an increase it because he is already paying a fourth of his salary. We can't afford an extra bill for an attorney, so we feel helpless and don't know how to get help. Please advise.

Written by Sabrina Morris (review)
Fri, 12/29/2023 - 11:01

Location: Crestview, Florida  |  Law type: Child & family lawyersANSWER!

My husband already pays child support and also a portion each month for back child support and now is being taken to court for a substantial increase almost doubling it. Our family of 3 has our 4-year-old daughter and with our current income, we can barely afford to cover bills. We currently aren't even allowed to see his daughter who is almost 8 because the mother is controlling and defiant and they have never had a visitation schedule in place by the court to establish a set schedule. We need to get that established and can't afford an increase it because he is already paying a fourth of his salary. We can't afford an extra bill for an attorney, so we feel helpless and don't know how to get help. Please advise.

If you are having legal problems, you can get free legal assistance from lawyers in your area. We assist you to find and compare law firms in your area by clients' reviews, prices (legal fees), and other parameters. You can ask a legal question or find an attorney.

Written by Counselor
Tue, 01/09/2024 - 06:01

Facing Child Support Increase and Custody Issues

The review highlights a challenging situation where the reviewer's husband is already paying child support and is now facing a substantial increase in payments. Additionally, they are struggling to establish a visitation schedule for their 4-year-old daughter with his almost 8-year-old daughter from a previous relationship due to the mother's control. The financial strain caused by the potential increase in child support is a major concern for their family.

Possible Solution:

To address this situation, the reviewer and their husband may consider seeking legal assistance through government resources or pro bono services. They can contact their local family court or legal aid organizations for guidance on establishing visitation rights and potentially modifying the child support order based on their current financial situation.

Estimated Rates for Legal Services in Crestview, Florida:

Here is an estimate of rates for legal services in Crestview, Florida:

  • Family Law Attorney Consultation: $100 - $250 per hour
  • Child Support Modification: $1,000 - $5,000
  • Custody and Visitation Case: $2,500 - $10,000

Please note that these are approximate rates, and actual costs may vary depending on the complexity of the case and the attorney's experience.

Positives and Negatives:

Positives:

  • Seeking legal assistance is a proactive step.
  • The reviewer is concerned about their daughter's well-being.

Negatives:

  • Financial strain due to potential child support increase.
  • Lack of a court-established visitation schedule.

Legal Disclaimer:

This response is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. It is important to consult with a qualified attorney for specific legal guidance tailored to your individual situation.

Review Summary:

The reviewer is facing a challenging situation involving potential child support increase and custody issues. Three key facts from the review are:

  1. Husband pays child support and faces a substantial increase.
  2. Struggling to establish a visitation schedule for their 4-year-old daughter with the older daughter.
  3. Financial hardship due to potential increased child support.

Clarification and Call to Action:

Could you please provide more details about the specific issues you are facing with the child support increase and custody matters? Your additional information would help us provide more targeted advice. In the meantime, consider exploring legal aid resources to address your concerns.

Questions for the Reviewer:

  1. Have you contacted any local legal aid organizations or government resources for assistance with your child support and visitation issues?
  2. Do you have any documentation or evidence related to your current financial situation that you could present in court?
  3. Have you attempted any communication or negotiation with the other parent regarding visitation arrangements?
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