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Florida-served a petition to continue CS over age of 18 for mental inability Florida

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  • Florida-served a petition to continue CS over age of 18 for mental inability Florida


    My husband got served last night at 9:40pm for a motion to continue child support for his now 18 yr old son he has no contact with. Background is basic, he got a girl PG in HS, she had baby, 2 yrs later, gave custody up to her mother who is now raising child. BOTH my husband and his ex (child’s mother) currently pay CS to grandma who is raising child. He pays monthly (thru his employer-and I’ve never heard him complain.) Here is my question, in a few parts. First, motion came in my husband’s name only-will a motion to dismiss as it does not list mom’s name on petition work (at least to buy us some time to fight this?). A few years ago when G-Ma tried to have modification done, she did the same thing-filed against my husband and not her daughter. She had to re-file against both of them after the fact. Second-grounds (per grand mom’s petition) is that he is still a dependant due to mental incapacity and this was established before he turned 18 (which was on Sunday, 5/17). He has been diagnosed with ADHD and bi-polar (and per the medical records he is receiving meds for both conditions. I know this b/c we provide health coverage and I can pull up his drs visits (who and what scripts were filled)). Are these truly considered mental disabilities? I was diagnosed with BP yrs ago and work a full time steady job (have since I was 15) with no issues…but he can’t take care of himself? I’ve known many people in my life who suffer from ADHD, bi-polar, schizophrenia, you name it and all have successfully entered the work force or been productive members of society. He has been home schooled, so we don’t even know if he’s “graduated”. Thirdly-if we lose-how long could this possibly continue. I’ve read the statues: F.S.A 743.07 and can’t find any “real” answers in there. What is considered a “mental inability”? Am I going to be paying for him to hang out for the rest of his life? Lastly-per my husband's medical insurance, he can only provide medical insurance to a child over the age of 18 if they are a full time student-which obviously he is not. Is it possible that he will be forced to provide medical covg thru a private company? Someone, please help me make heads or tails of this. Thanks!

  • #2
    Originally posted by Krystip View Post

    My husband got served last night at 9:40pm for a motion to continue child support for his now 18 yr old son he has no contact with. Background is basic, he got a girl PG in HS, she had baby, 2 yrs later, gave custody up to her mother who is now raising child. BOTH my husband and his ex (child’s mother) currently pay CS to grandma who is raising child. He pays monthly (thru his employer-and I’ve never heard him complain.) Here is my question, in a few parts. First, motion came in my husband’s name only-will a motion to dismiss as it does not list mom’s name on petition work (at least to buy us some time to fight this?). A few years ago when G-Ma tried to have modification done, she did the same thing-filed against my husband and not her daughter. She had to re-file against both of them after the fact. Second-grounds (per grand mom’s petition) is that he is still a dependant due to mental incapacity and this was established before he turned 18 (which was on Sunday, 5/17). He has been diagnosed with ADHD and bi-polar (and per the medical records he is receiving meds for both conditions. I know this b/c we provide health coverage and I can pull up his drs visits (who and what scripts were filled)). Are these truly considered mental disabilities? I was diagnosed with BP yrs ago and work a full time steady job (have since I was 15) with no issues…but he can’t take care of himself? I’ve known many people in my life who suffer from ADHD, bi-polar, schizophrenia, you name it and all have successfully entered the work force or been productive members of society. He has been home schooled, so we don’t even know if he’s “graduated”. Thirdly-if we lose-how long could this possibly continue. I’ve read the statues: F.S.A 743.07 and can’t find any “real” answers in there. What is considered a “mental inability”? Am I going to be paying for him to hang out for the rest of his life? Lastly-per my husband's medical insurance, he can only provide medical insurance to a child over the age of 18 if they are a full time student-which obviously he is not. Is it possible that he will be forced to provide medical covg thru a private company? Someone, please help me make heads or tails of this. Thanks!
    Is your husband and ex's CS orders in one single order, with only one case number?
    If it is, yes, Grandma needs to serve both before the petition can be heard. Your husband can file a motion to dismiss based on the petition being only in his name.

    Your husband is really going to need an attorney, it will be difficult to win without one. He has to be able to prove that his son is not disabled, which can be very difficult to do pro-se because of the amount of discovery that's going to need to be done.

    IF your husband loses, and the court believes his son to be dependant, the CS can continue for life, or until he proves the child is not dependent.

    Your husband can begin by getting a consult, he can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

    Comment


    • #3
      Originally posted by xena View Post
      Is your husband and ex's CS orders in one single order, with only one case number?
      If it is, yes, Grandma needs to serve both before the petition can be heard. Your husband can file a motion to dismiss based on the petition being only in his name.

      Your husband is really going to need an attorney, it will be difficult to win without one. He has to be able to prove that his son is not disabled, which can be very difficult to do pro-se because of the amount of discovery that's going to need to be done.

      IF your husband loses, and the court believes his son to be dependant, the CS can continue for life, or until he proves the child is not dependent.

      Your husband can begin by getting a consult, he can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

      Thanks for responding. Here is what I found. The CS order is in just hubby's name ( he was SHOCKED when I told him that...). What was supposed to happen (as per the discussions in the lawyers offices) was BOTH he and mom were to pay CS to Grandma (and the amt of CS was figured on both salaries at the time) - however I can not find a document that makes Mom pay at all!!!! I think that Grandma decided not to take $$ from her daughter to take care of the boy, perhaps didn't file the motion of CS??? If that is what the original agreement was to be, is there some sort of legal recourse for that??
      I know for a fact that mom lives out of state now-grandma and child still live in FL (as do we).
      So now this is another question-if mom was supposed to have been paying (including arrearages that she was behind) and has not, does this help him at all? Since he has been paying CS since the beginning and mom has not, is there anything we can do to "force" her to take the responsibilty that she has shirked?

      I have a bad feeling that in an attempt to be a stand up guy, my husband got himself scr*wed.

      We have contacted an attorney and will be meeting with him this week. In the meantime, any add'l advice is appreciated.

      Comment


      • #4
        Originally posted by Krystip View Post
        Thanks for responding. Here is what I found. The CS order is in just hubby's name ( he was SHOCKED when I told him that...). What was supposed to happen (as per the discussions in the lawyers offices) was BOTH he and mom were to pay CS to Grandma (and the amt of CS was figured on both salaries at the time) - however I can not find a document that makes Mom pay at all!!!! I think that Grandma decided not to take $$ from her daughter to take care of the boy, perhaps didn't file the motion of CS??? If that is what the original agreement was to be, is there some sort of legal recourse for that??
        I know for a fact that mom lives out of state now-grandma and child still live in FL (as do we).
        So now this is another question-if mom was supposed to have been paying (including arrearages that she was behind) and has not, does this help him at all? Since he has been paying CS since the beginning and mom has not, is there anything we can do to "force" her to take the responsibilty that she has shirked?

        I have a bad feeling that in an attempt to be a stand up guy, my husband got himself scr*wed.

        We have contacted an attorney and will be meeting with him this week. In the meantime, any add'l advice is appreciated.
        Your husband needs to take copies of all orders with him for the consult.

        Comment

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