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Florida Child Support Modifications - Is it worth it? Florida

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  • Florida Child Support Modifications - Is it worth it? Florida

    My husband currently pays $340 per month is support to his ex-wife. According to his divorce agreement he is only to pay support to his ex while his daughter is in need of Daycare. She is 6 years old and has not be enrolled in Daycare since July of 2008.

    We keep her every weekend and whenever school is not in session. (Winter Break, Sprink Break, School Holidays, etc. - we also extend our time with her during the summer to Thurs-Sun instead of Fri-Sun each week). This year we have had her for 134 overnights and 184 days.

    The divorce agreement states he is to have her every other day - but for obvious reasons with school that just doesn't work. We provide Medical insurance - which premiums have gone up this year an additional $60 per month just for her.

    His ex-wife voluntairly works part time but it is not to take care of the child. (The child is still picked up from school and kept in the afternoons by her step-father's parents since her step-sisters are there too.) My questions is would it be worth attempting to get a reduction/cesation of support? My husband was laid off from his previous job and took a substantial paycut with his new position. He is only making about $275/wk net down from $400/wk net. This doesn't include the insurance deductions because they come from my paycheck.

    In his divorce agreement his ex also gets to claim the child every year on her tax return. We would like to alternate years as part of the modification.

    Should we try it? We don't have a lot of money to spend on legal fees so if she fights it we want to be pretty confident we won't end up paying her lawyer fees in addition to not having any change in support.

    There decree also states if she ever has to return to court for enforcement that he has to pay her legal fees. Would a modification count as that? He has never been late or missed a payment.

  • #2
    Have him take a look here:

    http://www.flcourts.org/gen_public/f...rules/902e.pdf

    He will likely NOT be able to stop completely though.

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    • #3
      Originally posted by kks2010 View Post
      My husband currently pays $340 per month is support to his ex-wife. According to his divorce agreement he is only to pay support to his ex while his daughter is in need of Daycare. She is 6 years old and has not be enrolled in Daycare since July of 2008.

      We keep her every weekend and whenever school is not in session. (Winter Break, Sprink Break, School Holidays, etc. - we also extend our time with her during the summer to Thurs-Sun instead of Fri-Sun each week). This year we have had her for 134 overnights and 184 days.

      The divorce agreement states he is to have her every other day - but for obvious reasons with school that just doesn't work. We provide Medical insurance - which premiums have gone up this year an additional $60 per month just for her.

      His ex-wife voluntairly works part time but it is not to take care of the child. (The child is still picked up from school and kept in the afternoons by her step-father's parents since her step-sisters are there too.) My questions is would it be worth attempting to get a reduction/cesation of support? My husband was laid off from his previous job and took a substantial paycut with his new position. He is only making about $275/wk net down from $400/wk net. This doesn't include the insurance deductions because they come from my paycheck.

      In his divorce agreement his ex also gets to claim the child every year on her tax return. We would like to alternate years as part of the modification.

      Should we try it? We don't have a lot of money to spend on legal fees so if she fights it we want to be pretty confident we won't end up paying her lawyer fees in addition to not having any change in support.

      There decree also states if she ever has to return to court for enforcement that he has to pay her legal fees. Would a modification count as that? He has never been late or missed a payment.
      If the order is worded the way you say, then it is definately time to file for a modification. He needs to show a change in circumstances, which he has 3 changes- the day care, the increased ins costs and his involuntary decrease in income.

      He will need to ask that his ex be imputed a full time income because she is voluntarily underemployed.

      BEFORE he files though, he needs to run the numbers through a calculator to see how much the amount will decrease. (BTW- unless his ex agrees to no CS at all, it's doubtful that the court will order the entire amount to stop). Figuring out what the new amount will be can be complicated because he'll have to use ex's imputed income and figure in the number of days that he has parenting time.
      He should read the CS guidelines in 61.31 of the statutes at www.flsenate.gov/STATUTES
      Then, he can find the CS guidelines worksheet and other forms at the link already provided by dogmatique.

      It also won't hurt for him to get a quick consult before filing. He can get a 30 minute consult for $25 by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011 or on-line at :
      http://www.floridabar.org/divpgm/lro...rral6?OpenForm
      Last edited by xena; 01-21-2010, 02:35 PM.

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