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Originally Posted by Choker
In Florida they will go retroactive back to the day they no longer lived in the same home. If he moves back in with her then she can't claim the time he was away. True that technically he has no visitation rights, but to withhold visitation just because it is not ordered will harm her greatly when the Judge does order visitation. And if she withholds visitation because of him not paying child support, then the judge could very easily change custody right there on the spot.
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If he has a history of substance abuse there's no way the judge gives him custody. Also, she'd be stupid to say she denied visitation for non payment of support....her legal aid lawyer will tell her that.
I don't see how it can "hurt" her when the judge does order visitation. The amount of child support she gets is based on a table, there's really no deviating from that....so the worst that could happen is he gets more visitation....which doesn't really hurt her, she could probably use the break.
Also, again on the history of substance abuse, I'm thinking if she asks for supervised visitation only then that's what she'll get.