Legal Question in Family Law in Florida

Child Support Amendment

I have been divorced since March 2008 and currently recieve $800 a month in child support payments. When my ex husband agreed to pay this amount, he knew he was getting remarried; knew he already had a baby on the way with the new wife; had already purchased a $700 a month vehicle; and knew what all his bills were. Now he says he is filing a motion with the court to reduce the amount he pays me in child support because I am remarried and he doesn't think he can afford it with his twins arriving soon. Does he have the grounds to have the child support reduced?

Our divorce was ProSe (where we came to an agreement on everything ourselves and only had one meeting with a judge...I believe this is Pro se); and the child support amount I recieve was decided on and agreed to by both of us. Because this amount wasn't chosen by a judge, does that make a difference in him being able to lessen what he pays in child support? As I said before, he knew he had babies on the way and he knew all his bills when he agreed to this amount of child support. And I am making the same amount I was making at the time also.


Asked on 7/08/08, 12:56 pm

1 Answer from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Child Support Amendment

He is allowed to file a Supplemental Petition for Modification of Child Support at any time. The standard of review is a "substantial change in circumstances". Basically, the court will look at his current net monthly income and your current net monthly income to determined his current child support obligations. The new car is not factored into this determination. Nor is the fact that you are remarried. It is simply based on both of your combined current net incomes and the number of children you have in common. The fact that you were only divorced in March 2008 is not going to help his case. Normally, the Judge prefers for a party to "let the ink dry" before he/she goes back to court seeking a modification of a Marital Settlement Agreement. However, I still recommend that you hire a family law attorney in you area to represent you.

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Answered on 7/08/08, 1:15 pm


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