Many times people will want to try to hide assets or money prior to filing divorce.  This is not wise.  Just because you sold your car to your brother for one dollar, does not mean you got away with something.

A child support arrearage is when there is a child support order and the obligor does not pay all or a portion of the amount ordered.  If a supplemental petition to modify that child support order is not filed, the amount owed to the oblige, or the non-custodial parent, is deemed vested.  So how do you get out of a child support arrearage?  As in all areas of the law, everything is a case-by-case basis.  Let’s say there is a custody order and the former wife receives custody of the child in the court order. The former husband has to pay $500 a month.  After the court order, this is for a divorce or a paternity action, the former husband takes actual custody of the child.  Not legal custody, I am talking about actual custody meaning Mom has basically given Dad the child, but there’s been no court order saying so.  That means the current law of the case is that Mom actually has custody, so therefore she would be deemed to have legal custody but Dad has actual custody, meaning the child is actually in his possession.  I cannot tell you how often it occurs that Mom will do this, yet still believe that she should get child support every month.  Truly amazing.  But that is not where I am going with this particular instance. 

Memorandums prepared by attorneys (it is important to remember that memorandums are arguments in the law. It is almost never a black-and-white issue.  Some arguments consist of the below:

Florida statute 6.13001 governs whether a parent can relocate a child more than 50 miles from his or her principal place of residence at the time of the last order establishing or modifying time sharing. The statute provides that “the parent or other person wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the non-relocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.”

It is the intent of Florida law, that the trial court have executive decision making of time sharing arrangements. Florida judges are required to apply the "best interest" standard in making decisions concerning time sharing and parental responsibility of children.  In any decision involving a child, even one where an expert was provided an opinion, where two parents have an agreed upon arrangement, the court must evaluate the best interest of a child when making a decision concerning that child's relationship with their parent.