This is kind of a complex issue - I hope someone can put me in the right direction. I live in Georgia currently and have for the last 2 years. My original divorce and support agreement was in Florida - done in 1991. I have 2 children that are now 17 & 21. My original divorce/custody agreement gave me a set amount of $400/month until both children have reached 18. My younger son is about to turn 18 so my child support ends. However, he is slightly autistic (has been diagnosed) and he will not graduate high school until mid 2007. I would like to ask for a modification for my $400/mo to be continued until that time since he will be living with me until his graduation. Here are the complexities you should know. 1. His father has not talked to or exercised his visitation since 1997, solely by his own choice, I always encouraged him to see his kids. 2. I have never asked for a modification of child support before, even though his income has increase significantly since we divorced in 1991. 3. My older son went through a state ordered program when he was 16- 17.5 (15 months) where I had to pay $1200+ per month and I never asked his father for any help. 4. I moved out of state 2 years ago and did not tell his father since he had not had any contact with me or my children for 7 years. 5. His wife (they have been married since 1992) called out of the blue about 6 months ago to talk to my children - HE didn't call (I thought that was strange) but my children both refused to speak to her. I told her to have him call and try again, that they were just spooked. 6. I sent him a certified letter a few months ago that stated my intentions to ask for my $400/month to be continued until my younger son's graduation - included a letter from his school stating his grad date, told him that his children were fine and did he want to do a modification with me without lawyers (to save the fees) or did he want me to secure a lawyer. He never called or wrote to me to tell me. The letter was very nice and respectful and his wife signed for it, so I know they received it.

OK, I know that is alot to consider but - should I see a Georgia lawyer to proceed with this or go back to the original county in Florida (neither my ex nor I live in that county anymore). Should I be able to get my support continued for another 1.5 years? If so, will they base the new modification on both our new incomes? Thanks for any help you can give me. :-)

This is kind of a complex issue - I hope someone can put me in the right direction. I live in Georgia currently and have for the last 2 years. My original divorce and support agreement was in Florida - done in 1991. I have 2 children that are now 17 & 21. My original divorce/custody agreement gave me a set amount of $400/month until both children have reached 18. My younger son is about to turn 18 so my child support ends. However, he is slightly autistic (has been diagnosed) and he will not graduate high school until mid 2007. I would like to ask for a modification for my $400/mo to be continued until that time since he will be living with me until his graduation. Here are the complexities you should know. 1. His father has not talked to or exercised his visitation since 1997, solely by his own choice, I always encouraged him to see his kids. 2. I have never asked for a modification of child support before, even though his income has increase significantly since we divorced in 1991. 3. My older son went through a state ordered program when he was 16- 17.5 (15 months) where I had to pay $1200+ per month and I never asked his father for any help. 4. I moved out of state 2 years ago and did not tell his father since he had not had any contact with me or my children for 7 years. 5. His wife (they have been married since 1992) called out of the blue about 6 months ago to talk to my children - HE didn't call (I thought that was strange) but my children both refused to speak to her. I told her to have him call and try again, that they were just spooked. 6. I sent him a certified letter a few months ago that stated my intentions to ask for my $400/month to be continued until my younger son's graduation - included a letter from his school stating his grad date, told him that his children were fine and did he want to do a modification with me without lawyers (to save the fees) or did he want me to secure a lawyer. He never called or wrote to me to tell me. The letter was very nice and respectful and his wife signed for it, so I know they received it.

OK, I know that is alot to consider but - should I see a Georgia lawyer to proceed with this or go back to the original county in Florida (neither my ex nor I live in that county anymore). Should I be able to get my support continued for another 1.5 years? If so, will they base the new modification on both our new incomes? Thanks for any help you can give me. :-)
Since your ex still lives in Fl. the jurisdiction will remain with Fl. so you will need a Fl. attorney.

Under your circumstances, I really advise that you consult with an attorney to find out if a modification is even feasable. The Fl. Bar Referral Service # is 800-342-8011.

The reasons that you should get a consult before doing anything:

1. CS for your oldest will end- any new CS will be for your youngest only.

2. The basic law in Fl. is that CS will end at 18 if the child is still in HS and will graduate before age 19.

3. In Fl. court ordered CS cannot continue past age 19- except when child is LEGALLY disabled.

4. Proving a legal disability can be complicated and difficult, it will require ALOT of documentation- including medical records and school records.

5. Did you notify THE COURT, and get permission to move out of state? If your court order has a provision about keeping the court and ex informed of address, etc., your move MIGHT be a problem.

An attorney will be able to answer your questions, or you can try going to Fl. DOR CSE to see if they can help- 1-800-622-5437.
Xena :)

No I did not obtain court permission to move - I don't think it was in my divorce decree but I was supposed to inform my ex. Just like I said, I didn't because he hadn't been in contact with my kids (and I guess I am angry about that...they both have plenty of "issues" dealing with father abandonement...). His child support is through an order and come from his paycheck so it goes directly to the state and they send it to me. They were informed of the move so they could send the checks, but I am sure it is not the same thing. I do know that the support would only be for my younger son, but, he always paid less than the guidelines allowed for 2 children due to an agreement we made when we first got divorced. I thought a few times about modifying over the years (especially when he stopped seeing them because I had them 24/7) but I didn't want to stir up a hornet's nest (he always said I was the "cancer" in his life because he had to pay me the $400 - yes, I didn't use any of it to bring up his 2 kids because they don't cost anything to house and feed...????). And I had a good job and was able to handle it without extra help. I didn't realized that I would have to go through a Florida attorney - thank you for letting me know. I will call one. I don't know what the "legal disability" definitions are but, I do know that, he is currently being served by the State of Georgia vocational rehabilitation team (I don't think that he would have been accepted into that program if he weren't legally disabled) to help him to be able to get a job and take care of himself after high school. Anyway - thank you again for your help. :)