Legal Question in Family Law in Florida

Is a motion to quash an appropriate way to seek reduction of court-ordered child support?


Asked on 3/02/14, 11:04 am

5 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

No, reduction would be accomplished through a Motion for Modification of Child Support.

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Answered on 3/02/14, 11:08 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

You need to file a Supplemental Petition for Modification. This needs to be filed on the court and a copy has to be served on the person who is receiving support.

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Answered on 3/02/14, 11:23 am
David Slater David P. Slater, Esq.

No. You must seek a modification based upon change of circumstances.

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Answered on 3/02/14, 11:40 am
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

I am sure you are confused by now. You need to file a Supplemental Petition for Modification if Child Support and it must be based on a permanent, substancial and unforeseen change of circumstances. This means if you have permanently changed jobs and cannot get a job at your same rate of pay, or you have been hurt and are now considered disabled and cannot work, or the child is living with you a substantially more amout of time, or has turned 18, then you can probably modify your child support.

Once you have filed the Supplmental Petition, because it takes time to get a trial, you can file a Motion to Modify Child Support and get a hearing to temporarily modify child support immediately until the issue can be set for trial and changed permanently.

Although you can do this on your own by downloading forms from www.flcourts.org, it can be complicated, so I would consider hiring and attorney, or at least consulting with one, because many people take considerable time to go through this process and are not able to prove the change is permanent and substantial.

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Answered on 3/02/14, 1:32 pm
John Smitten Carey and Leisure

In order to lower child support you have to file a petition for modification and not a motion to quash.

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Answered on 3/03/14, 4:18 am


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