My soon to be ex husband initiated dissolution of marriage and I have to respond but I am unsure if I have to file the Uniform Child Custody Jurisdiction and Enforcement Act affidavit and Uniform Child Support Guidelines worksheet when he already has with the initial request for divorce. I do not agree or disagree with the forms he submitted and just want to move on to mediation regarding custody of our three minor children. Please help.
Brenda A DrakeChild Custody LawyerJacksonville, FL ·
While I agree with Ms. Simms, I will say that we have one judge who insists that both parties complete the UCCJEA so I'd say it doesn't hurt to include that with the documents you file (I don't know the judges in your area). You definitely don't have to file the Child Support Guidelines worksheet as that will get done at mediation.
I would suggest filling out your own UCCJEA affidavit, especially if you neither agree of disagree. As stated before, you do not need to file the Guidelines prior to mediation.
Under Section 61.522 of the Florida Statutes, "each party" is required to file a UCCJEA informational affidavit with his/her first pleading in the case. The statute contains no exception for situations when one of the parents has no argument with the information supplied by the other parent in his UCCJEA affidavit. As to the part of your question about the support guidelines worksheet, I'd defer to the answers supplied already by the lawyers who practice in Florida. Better yet, you should actually consult with a qualified lawyer who practices in the court where the divorce case has been filed.
Barbara Ann CossuFamily Law AttorneyFort Myers, FL ·
I would file your own UCCJEA. The Florida Statutes says you should and if you disagree with the dates and times that are listed in the UCCJEA affadavit, you need to tell the court you disagree with your own dates and times where the children lived.
Guichard St. SurinCriminal Defense AttorneyFort Myers, FL ·
Even if your jurisdiction does not require you to file one it is always best practice to follow the statutory rules of procedure because under subsection (2) of Florida Statute 61.522 it states "If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished." so even if your court does not require it, it could still make you fill it out before continuing with the case.
