Legal Question in Family Law in Florida
Me and my ex both have custody of 1 of the 2 children. I agreed through mediation to pay 250 child support and 300 kids medical. The mediator said by the formula she should be paying me 98.00 a month but I agreed anyway so I could get the divorce. This was a bad decision because my son is paying the price. Can this be changed.
3 Answers from Attorneys
If the Final Judgment has been entered you must file a Petition to Modify citing to material change of circumstances as to why this must be changed. If no final judgment yet some courts allow a party to file an objection to the agreement
It can be changed but you have to go back to court.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
www.careyandleisure.com
Hello--I'll add to prior answers. First, if the FJ has not been entered yet, you may attack the validity of the mediated agreement.
If the FJ is entered, you have to file Pet. to Modify. You have to allege and be able to prove there has been a substantial change in circumstances and the support needs to be modified. You should also add the argument that you do not have the ability to pay the excessive amount (if that is true) and you should argue the amount is not the legal amount under the statutory formula. I am handling a similar case now. If a parent has substantial parenting time, the statute for the calculation of the support is mandatory.
Good luck. If my office can be of assistance, give us a call. Tom Rosenblum
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
