Child support/ Drug testing: FLORIDA?

Question

Hello All,

I am going to be attending a child support hearing soon. My question is: if the father says he wants me to take a drug test before he pays any child support will i have to comply? What kind of defense do i have? I am not on trial here.
I do from time to time experiment with marajauna but i am an adult 28 to be exact and it is not something that i do while i am caring for my children, spend my money on, have in the house.
Just wondering what kind of answer should i give should the subject come up.
I cannot afford an attorney. He has no hard proof other that his words. I have never been arrested in my life.

Answer 1

Failing a drug test has nothing to do with child support. No child support order can be based on drug tests. The child support court has no authority to order a drug test as custody and visitation is not at issue.

However, if custody and visitation is at issue... and you fail a drug test, he will have a good shot at taking custody away from you... staying the child support order... and then seeking support from you.

Stop the drugs... no court will condone the use of drugs.

Answer 2

If he requests that you be drug tested, 9 times out of 10, you will be ordered to do so. Especially if he has reason to believe that you experiment with drugs.

Is this hearing for childsupport only or visitations/childsupport? If may not fall under you childsupport case though, I would think it would fall under visitations and what not. I'm not sure if this can even be done during a support hearing. They may have to set up another hearing to attend to this matter.

Look, I know your an adult at 28 years old, and that's the reason you should know better than to "experiment" with any kind of drug. Most especially when you have children. Don't your children mean anything to you at all? If so, then leave that stuff alone. Haven't you been watching what has gone on with Britney Spears??? Do you want to be in her shoes and lose your kids too? Please don't do this to your babies.

Also, how is it that you can afford to smoke marijuana but you can't afford an attorney? Save all that money that you spend on dope and put it towards an attorney.

Have some respect for yourself and your children.

Answer 3

Stupid grandpa, you are well named. Child support is money paid from one person to another. It is NOT government funded. The only time the government gets involved is if the father refuses to pay child support and the mother has to get help from the government. They then go after the deadbeat dad to recoup the money he should have been paying all along. Child support is NOT an entitlement. It's an obligation on the part of the parents to support the children they chose to make. If we are going to test people because they get government money, then we should test all politicians. And since you, and every one, benefits from government money, I think we should test everyone. But I'm betting you aren't willing to pay for the tax increase drug testing requires. By the way, in places where drug testing was required, only 2% of welfare recipitents test positive. Just because you hang with losers who use drugs doesn't mean most women do. If a father believes the woman is doing drugs, he can reported it to CPS. It's absurd to waste the money, time, and abuse the healthcare system testing women who aren't doing anything wrong. Why don't you, instead, get up in arms about the fact that only 30% of fathers pay the required child support and, as a result, the women have to receive government help to feed and care for their children. That's certainly a much bigger issue and problem. It's absurd to compare celebrities and movie stars to typical single mothers. You've lost the argument. Seems all you want to hear are negative things about single mothers. Have to wonder why you hate them so much. By the way, are you paying your legally required child support? Or has the government had to force you to. And you are incredibly ignorant if you think child support pays all of the bills. There's a reason single mothers have to get one or two jobs.

Answer 4

To answer your question:

Since you are both pro-se in this matter and are not familiar with family law I will try and answer this as best as I can. Remember, that this is just a opinion.

Since each and every case is unique with regards to family law in Florida and how they are tried before a judge. Please do not assume that you are not on trial. You may very well be and do not realize it.

As this also may be detrimental to your position in the case. Also, please for the time being be careful with what you state on the internet and in the court room like the miranda rights it can be used against you.

Tips:

1. Unless a motion to discover has been introduced as the reasoning for the drug testing with evidence to substantiate the fathers position. No you do not have to comply with a drug test. This is called unreasonable circumstances. And or unless the judge finds reasonable cause to enter an order.

argument: If in fact that this has not been
introduced in the form of a motion at any time during the case history. You can object to this issue based on the assumption he has not introduced this case matter, based on the assumption that he has not done so during the evidentury part of the case presented any motion to assert otherwise.

Since this is a child support hearing: This is your defense. It's called unreasonable circumstances.

Remember, that each county in Florida has its own local rules that are compliant with the Florida Family Law Statutes. Be concise, direct, and only answer carefully as it relates directly to the issue(s) being presented.

Do not be argumentative unless the issue being presented is something that has not been introduced or speculative. Take notes and listen to how the father presents his case.

If there is anything questionable: Challenge it.

What would be most beneficial is if you hired a pro-bono attorney or seek the assistance of a legal-aid. Since only you and the father only know the history behind this divorce process and custodial hearing anyone answering this question would be based as a assumption as I am.

Answer 5

You can talk to a court attorney for free or contact a women's advocacy group for legal assistance - your ability to pay is working in your husbands favor and he is threatening you which is illegal. He cannot make you feel at risk for arrest. You should be sure that while in this process to stay clean as any court requested drug test will need to show you are clean. Also it sounds like he is lobbying for custody if he is going to call your sobriety into question. You need more help than Answers can safely provide. Seek a court or other service of an attorney. Good Luck!

Answer 6

He could ask the court for a test, and if ordered, you WILL have to comply. Stop smoking now because there's a good chance the judge will ask him why he wants the test if he say he knew you smoked in the past, he will probably get it, but also if he requests it ,do the same of him.

Answer 7

If your ex can sustain his request with reasonable grounds, the court will order you to submit.

It matters not that you are an adult, if you are breaking the law that is a consideration for custody. It has no bearing on support except as such is levied regarding custody.

Answer 8

Yeah, way to put yourself before your children.

He has every right to ask for that if the children are going to be under your care. And if he knows that your are using, it is a VERY smart way to go. That will provide more than enough evidence to prove that you are an unstable provider for your children and he may end up with full custody.

If I had evidence that my EX was using I would use that to take our daughter away from her.

Answer 9

I would start cleansing my system...Pass that test! that'll shut him up! Yes you should comply...the judge can order you to take one too. start drinking water, lots and lots of water!!! Go to the GNC or health food store and get something to flush yours system..