Legal Question in Family Law in Florida

Child modification & support

Been divorced 2.5 years no issues with child support or custody arrangement of 7 year old. He is now married to a lawyer and w/in 1 month wants to cut my time with child and sue for child support. I'm representing myself and rec'd advice to file a Motion to Set Aside Marital Settlement Agreement since I gave up the house and everything else. I can't find the form to file myself. How can I get the form or how is the form listed under family law forms? Can't get a response from the self help #--name removed--the courthouse. Thanks for any advice on this matter? A.


Asked on 9/10/08, 3:37 pm

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Child modification & support

Hello:

I do not know why someone told you to try to set aside the original agreement. First of all, if the Final Judgment was entered 2.5 yrs ago, it might not be possible to have it said aside.

In order for one to modify custody, visitation and/or child support, that party has the burden of proof that there has been a substantial change in circumstances. Often, that's a high burden to prove. Let me know if you have any more specific questions or need representation here in Jacksonville. Good luck. Tom Rosenblum

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Answered on 9/11/08, 11:29 am


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