I was married in Georgia, but I have been a residence of Florida since 2003. My ex-husband was awarded custody, but did a “drop and dash” and moved to Seattle. He effectively abandoned our youngest on my doorstep. I filed a motion to domesticate, citing valid reasons (child was here for 6 months as a resident, I was a resident, and the court in Georgia refused to hear the case). I asked for a child support order and contempt against my ex-husband for not providing medical insurance as per the divorce decree. The opposing counsel managed to keep the case from in front of the judge until the child reached the age of majority. The attorney is now filing a summary motion for judgement claiming my ex-husband owes no child support and is asking for attorneys fees claiming “bad faith” on my part because the child is now 18-years-old (again, the child was NOT 18 on commencement and met all Florida guidelines for minority). I have lost my house and income and I am effectively homeless. What case law or arguments support my claim for child support? What case law or arguments quash opposing councils claim to attorneys fees?
You will need to consult with an attorney for legal advice regarding both questions. Your attorney will be able to help you review the case law and arguments you need to assert a viable child support action against your ex-husband to collect any outstanding child support debt and have your son medical insurance reinstated if applicable under state law.
Regarding the attorney fees, you definitely need to speak with an attorney to see if what viable arguments you may have regarding the non-payment of fees.