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child support modification Florida

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  • child support modification Florida

    i live in illinios, i have child support being taken out of my check. based on an amount i never made. even worst i now make even less. i don,t mine paying child support as long as it is fair. i despartely need an attorney or help to change this child support order.. i need an attorney that i can make payment, or low cost, cause i is poor.. help please

  • #2
    Originally posted by cyberbandit15 View Post
    i live in illinios, i have child support being taken out of my check. based on an amount i never made. even worst i now make even less. i don,t mine paying child support as long as it is fair. i despartely need an attorney or help to change this child support order.. i need an attorney that i can make payment, or low cost, cause i is poor.. help please
    Is the court order issued by the court in ILL, or the court in FL?

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    • #3
      the order was in florida,it was changed last year to higher child supportwithout me i later received a copy of this new support order, paying too much support based on wrong information, need to get it changed ,need help or a low costattorney in pensacola to help get it changed right.

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      • #4
        Originally posted by cyberbandit15 View Post
        the order was in florida,it was changed last year to higher child supportwithout me i later received a copy of this new support order, paying too much support based on wrong information, need to get it changed ,need help or a low costattorney in pensacola to help get it changed right.
        One of several possibilities has happened:

        1. Your order is an administrative order (done by the DOR without going to court) and the DOR did a review.
        If it is, you either didn't recieve any notice from them about the review or you did and didn't respond.

        If you didn't recieve any notice, try calling your caseworker at DOR, ask for proof that they notified you and ask for another review.
        If you did recieve notice and didn't respond there probably isn't anything you can do until it's been 2 yrs since the review, then you can ask for another review.

        2. Your order is a court order and a modification was filed by either your ex or the DOR.
        If it is, you either were never served with a petition/summons or you were and you didn't respond.

        If you were never served you can file to modify based on non service. Check the court file to find out if a "return of service" was filed, if there wasn't one it'll be easy to prove that you weren't served. You might be able to check on-line, some counties have thier civil dockets on line. If not you'll need to call the clerk's office to get copies from the file.

        If you were served and didn't respond the modification order would be a default order. The only thing you can do now is to file for a modification.

        Either way you'll need to do something, if it involves the court you don't need an attorney, you can file pro-se and do most of it thru the mail.

        If you wish to file pro-se. let me know and I'll post the links to the forms, and statutes and other info.

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        • #5
          please send/show me how to to file for an modification thru the mail , pro se and send me the statutes and laws and any other info

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          • #6
            Originally posted by cyberbandit15 View Post
            please send/show me how to to file for an modification thru the mail , pro se and send me the statutes and laws and any other info
            You can find all of the forms at www.flcourts.org click on Family Law Forms. There is also alot of other excellant info on that site.

            The Statutes are at www.flsenate.gov/STATUTES chapter 61 is the CS laws, chapters 88 and 409 are the laws relating to IVD cases (interstate cases where DOR is involved).

            The Rules of Civil Procedure are at http://phonl.com/fl_law/rules/frcp

            The Florida Family Law Rules of Procedure are at http://phonl.com/fl_law/rules/famlawrules

            If you have any questions let me know and I'll be glad to help.

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            • #7
              Originally posted by cyberbandit15 View Post
              i live in illinios, i have child support being taken out of my check. based on an amount i never made. even worst i now make even less. i don,t mine paying child support as long as it is fair. i despartely need an attorney or help to change this child support order.. i need an attorney that i can make payment, or low cost, cause i is poor.. help please
              I sent dor in florida a request to have support modified, i live in illinios,i request the modification based onthe a change in substantial circumstances, my previous job closed and i was laid off and i am unable to work now due to a surgery/amputation of foot, i am awaiting a decision for disability. fllorida dor returned my request stating that they can,t do anything until i reach three years. what else can i do to get my support order changed.

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              • #8
                Originally posted by cyberbandit15 View Post
                I sent dor in florida a request to have support modified, i live in illinios,i request the modification based onthe a change in substantial circumstances, my previous job closed and i was laid off and i am unable to work now due to a surgery/amputation of foot, i am awaiting a decision for disability. fllorida dor returned my request stating that they can,t do anything until i reach three years. what else can i do to get my support order changed.
                File the modification petition with the court and send the DOR a copy. They do NOT get to decide once the petition has been filed with the court. You have a legit change in circumstances and you do NOT have to wait 3 yrs. Sometimes it takes a NCP going over the DOR's heads to get them to do thier job.

                You'll also need to legally serve your ex with the petition and a summons. All of the info and forms can be found at the sites I gave you before.
                Last edited by xena; 12-18-2007, 06:07 PM.

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