Legal Question in Family Law in Florida
Brent Rose responded to my question about my ex filing a Supplemental Petition for Modification of Child Support. . . .We have been divorced since 2001 and have already done another Modification of Child Support and Visitation in 2006. She opened this current case October of last year hoping I was making more money and I was not. I filed a Counter Petition for more visitation. We have been trying to get my ex to agree to Mediation and all this time she was dragging her feet. I have been paying the full amount of child support all this time even though if it was over before I would be required to pay the new amount, which would be half the current amount. We have a mediation date finally set, however, I think they will drag their feet to schedule a final hearing, so what can we do about it? Will they retroactive my child support since last year in October when this was filed? I feel that if I made more money they would. How can we prevent her side from dragging their feet anymore? Thanks, Brent
1 Answer from Attorneys
In every divorce case I get, I give all my clients a pamphlet that explains family law in general and the divorce process in particular. It explains that the main goal of my firm is to move the case along at the fastest possible pace that will not damage the outcome. No one, after all, wants to be in divorce court.
We list a number of factors that can slow things down. Some things are obvious: the courthouse is way backed up, judges and mediators go on vacation, the rules provide that certain times limits must be observed, clients delay getting us paperwork, etc. But the biggest problem of all (bigger than all the others combined times ten) is opposing counsel. Opposing counsel will stall, delay, take their time, and so on. Not all of them, of course, but enough of them that it drive me absolutely nuts.
What's worse, there is very little we can do about it. It's incredibly frustrating, but judges will often give continuance after continuance, and there are a thousand ways to string a case out (depositions, extra mediations, extra requests for documents then updates on those documents because the case has been strung out), and there is almost no way to speed a case up. The appellate courts say judges have to give continuances, and, at the same time, tell judges they are taking too long on cases. Weird.
The only thing you can do is push you lawyer to get that final hearing scheduled. Maybe it can even be set now, though you haven't finished mediation. When the other side whines, your lawyer can say, "Fine, but if they want to drag it out, let's immediately modify the child support retroactively!"
It probably won't work, but sadly, it's about all you can do.