My husband was served with a Summons for a Modification of Child Support last week, both my husband and his ex are making a substantial amount more than what they were when the last order was put in place which was 2003, so we are well aware the amount will increase, which is fine.

This is a DOR case and I noticed in the Petition they are requesting my husband be responsible for all DOR's fees and court cost, as well as the new amount be retroactive back to the date of filing (March 20th). I've spoken with an attorney and he said with DOR cases, there isn't much chance of fighing those two issues as they are standard, any other opinions out there on this?

My main question is regarding filing an Answer to this summons. I have found the form online (Answer to Supplemental Petition) but am not sure on the following:
1) If there it no chance of fighing the above issues, should we just agree to each invidual paragraph in the petition?
2) My husband and his ex have already both filled out a Family Law Financial Affidavit about 6 months ago when we first got the letter from CSE stating there was a modifcation happening, is he required to file another affidavit with this answer, or will that original one work?
3) If he's not required to file an additional affidavit, it looks like the only forms to attach to the answer would be the CS Guidlines Worksheet and Notice of SS, since they were married, am I on the right track here?

My husband was served with a Summons for a Modification of Child Support last week, both my husband and his ex are making a substantial amount more than what they were when the last order was put in place which was 2003, so we are well aware the amount will increase, which is fine.

This is a DOR case and I noticed in the Petition they are requesting my husband be responsible for all DOR's fees and court cost, as well as the new amount be retroactive back to the date of filing (March 20th). I've spoken with an attorney and he said with DOR cases, there isn't much chance of fighing those two issues as they are standard, any other opinions out there on this?

My main question is regarding filing an Answer to this summons. I have found the form online (Answer to Supplemental Petition) but am not sure on the following:
1) If there it no chance of fighing the above issues, should we just agree to each invidual paragraph in the petition?
2) My husband and his ex have already both filled out a Family Law Financial Affidavit about 6 months ago when we first got the letter from CSE stating there was a modifcation happening, is he required to file another affidavit with this answer, or will that original one work?
3) If he's not required to file an additional affidavit, it looks like the only forms to attach to the answer would be the CS Guidlines Worksheet and Notice of SS, since they were married, am I on the right track here?

Although it isn't fair, the NCP usually is ordered to pay the court costs and DOR fees.

It is normal for a modification to be retro back to the filing date. Your husband can use the CS guidleines worksheet to get an idea of what the new payments will be, then he can set money aside to pay the retro support the day of the final hearing.

He should agree to any paragraph that he feels comfortable with. For the court costs and fees, he can state that he does not agree, it won't hurt his case because it's normal for a party to disagree with being ordered to pay all costs. SOMETIMES, when a modification has been filed when it is obvious that both parties' incomes have changed, the court MIGHT order each side to pay thier own costs. It's not done very often, but it's worth a try.

If nothing has changed in his income or expenses since the last financial affidavit 6 months ago, he does not have to fill out another one. However, he can attach a copy of the affidavit to the answer.

You are correct, he should attach a copy of the affidavit, the CS guidelines worksheet and a completed form 12.932 Certificate of Compliance with Mandatory Disclosure.

Although it isn't fair, the NCP usually is ordered to pay the court costs and DOR fees.

It is normal for a modification to be retro back to the filing date. Your husband can use the CS guidleines worksheet to get an idea of what the new payments will be, then he can set money aside to pay the retro support the day of the final hearing.

He should agree to any paragraph that he feels comfortable with. For the court costs and fees, he can state that he does not agree, it won't hurt his case because it's normal for a party to disagree with being ordered to pay all costs. SOMETIMES, when a modification has been filed when it is obvious that both parties' incomes have changed, the court MIGHT order each side to pay thier own costs. It's not done very often, but it's worth a try.

If nothing has changed in his income or expenses since the last financial affidavit 6 months ago, he does not have to fill out another one. However, he can attach a copy of the affidavit to the answer.

You are correct, he should attach a copy of the affidavit, the CS guidelines worksheet and a completed form 12.932 Certificate of Compliance with Mandatory Disclosure.

Thank you for your response! I meant to say that my Husband and his ex were NEVER married, so from what I"m reading I don't think I'd need the Mandatory Disclosure?

I think it's worth a shot to disagree to both of those areas, so we'll do that!

The only difference in income is b/c this stupid stimulas has taken place, the tax tables were changed and they are taking about 60.00 less taxes per month out of my husband's check, the original affidavit was filed prior to this being changed, so it reflected what his true taxes are. I wonder if they'll go by that or this new tax amount considering the new amount will only be in place for a year?

Thank you for your response! I meant to say that my Husband and his ex were NEVER married, so from what I"m reading I don't think I'd need the Mandatory Disclosure?

I think it's worth a shot to disagree to both of those areas, so we'll do that!

The only difference in income is b/c this stupid stimulas has taken place, the tax tables were changed and they are taking about 60.00 less taxes per month out of my husband's check, the original affidavit was filed prior to this being changed, so it reflected what his true taxes are. I wonder if they'll go by that or this new tax amount considering the new amount will only be in place for a year?

It doesn't matter whether they were married or not, all family cases are required to file and serve the mandatory disclosure form.

You can read about the mandatory disclosure in the Florida Family Law Rules at http://phonl.com/fl_law/rules/famlawrules

Those coincide with the Florida Rules of Civil Procedure at http://phonl.com/fl_law/rules/frcp

Since this new tax cut is temporary, your husband can try arguing that the new rate shouldn't be used since it is temporary. Of course, he should also point out that this applies to ex's income also.

With the tax issue, would this be something he would verbally bring up during the meeting for CS, or would this need to be brought up in the answer we file to the petition for modification?

With the tax issue, would this be something he would verbally bring up during the meeting for CS, or would this need to be brought up in the answer we file to the petition for modification?

Either, or both.

It might be best to not bring it up in the answer, just wait to see if ex files an amended affidavit or not.
He should bring a copy of the filed affidavit to court, and another one that is filled out with the new tax info, that way he'll have it if it's needed.
Overall, this tax issue might not even be brought up by the other side, so, why rock the boat when it's not needed.