Legal Question in Family Law in Florida
changing child support payments
In our divorce agreement papers, it states that my exhusband is court ordered to pay child support on the 1st of each month. Coincidently the month following my engagement he all of a sudden is having a hard time making payments. He claims he is making less and wants to take me back to court to lower his amount owed. Now he pays, but it seems like, when he feels like it, sometimes weekly, sometimes twice a month or sometimes making me wait til the 20th or 23rd of the month. He seems to have enough to go away on vacations once or twice a month or go on the gambling ships even buy property and new vehicles (which is fine I really do not care what he does with his time or money) but my question is can he change what is court ordered, by paying when he wants now? And based on his income being 40,000 more this past year can he really have it lowered?
1 Answer from Attorneys
Re: changing child support payments
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Neither of you has any right to change what the court has ordered. Only the court can modify a previous court order.
In order to reduce child support, there must be a motion based on a substantial change in circumstances. Based on a $40,000.00 increase in salary, he might be ordered to pay an increased child support to you as well as any arrearages.
Scott R. Jay, Esq.
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