Hello. I am new to this site and desparately need help in finding the answer to this question. I am in Saint Petersburg, FL. On june 5, 2008, I went to court for final judgement on child support and visitation. The mother and I went before the judge magistrate. Based on incomes, the magistrate determined that we each had identical incomes (after all appropriate deductions). On July 1, the mother of my child sent me an email from her job and I noticed that she had a new title in her signature. I replied and asked her if she received a promotion and she replied yes. Then she went on to email me and say that you can only request a modification every three years. Do I have the right to go back to court to request a modification based on her emailing me that she received a promotion or is she correct in saying I have to wait. I thought that you could request a modification based on increase or decrease in salary. Please help. Thank you

The time period between filings is typically part of the custody order.

Hello. I am new to this site and desparately need help in finding the answer to this question. I am in Saint Petersburg, FL. On june 5, 2008, I went to court for final judgement on child support and visitation. The mother and I went before the judge magistrate. Based on incomes, the magistrate determined that we each had identical incomes (after all appropriate deductions). On July 1, the mother of my child sent me an email from her job and I noticed that she had a new title in her signature. I replied and asked her if she received a promotion and she replied yes. Then she went on to email me and say that you can only request a modification every three years. Do I have the right to go back to court to request a modification based on her emailing me that she received a promotion or is she correct in saying I have to wait. I thought that you could request a modification based on increase or decrease in salary. Please help. Thank you
Florida Statute 61.30(1)(b)
The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.

Do you know what her new income is? If you do you should run the numbers through a calculator to see if the difference is at least the 15% or $50.

Here are links to a calculator and the form called the Guidelines worksheet for Florida

http://www.alllaw.com/calculators/Childsupport/Florida

Also, www.flcourts.org click on Family Law Forms

I do not know what her new income is and I am sure she is not going to offer it up. However, should I not be able to have the courts make her produce what her new income is with the modification request?

Also, I found out that I am paying too much in arrears. When we went before the judge magistrate, I was asked how much I could pay in arrears and I told them $200 per month. I found out after we went to court that the max on arrears is 120% of the amount of current child support amount. Since I told the judge magistrate I could pay the $200 per month for arrears, would I be able to request a downward modification since the extra $200 per month for arrears is more than the 120% maximum the law allows in Florida or am I stuck paying that. Thanks

I do not know what her new income is and I am sure she is not going to offer it up. However, should I not be able to have the courts make her produce what her new income is with the modification request?

Also, I found out that I am paying too much in arrears. When we went before the judge magistrate, I was asked how much I could pay in arrears and I told them $200 per month. I found out after we went to court that the max on arrears is 120% of the amount of current child support amount. Since I told the judge magistrate I could pay the $200 per month for arrears, would I be able to request a downward modification since the extra $200 per month for arrears is more than the 120% maximum the law allows in Florida or am I stuck paying that. Thanks

because the order is only one month old, you should wait at least 6 months before trying to file for a modification. If you file now, your ex could get it dismissed without it being heard.

I've never seen any Fl law that states what the max is for arrears payments.
If you have found, or think you have found such a law, please post the statute number.

No, you won't be able to request a modification of the arrears payments at this point. You willingly offered to pay the $200, and there isn't any legal reason to change that at this time.