Legal Question in Family Law in Florida
Child support not in divorce decree
When my ex-wife & I divorced, she had primary residence and recieved child support from me for our 15 year old son. I had payed child support for 7 months before our divorce was final. One month after the divorce was final she decided split residence with me. We had the decree modified to say no child support due to equal amount of time shared. Equal time was the agreement. This however did not happen. She has seen our son about once every month or two. Can I take her to court for back child support even though the decree states no child support due?
1 Answer from Attorneys
Re: Child support not in divorce decree
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Yes, you can file a petition for modification based on a substantial change of circumstances. A sample form can be found on the Florida Supreme Court's site at:
http://www.flcourts.org/gen_public/family/forms_rules/index.shtml
You may need to modify the form to fit the particulars of your case. If you can afford an attorney, you would be well served by being represented in filing the motion with the court.
Scott R. Jay, Esq.