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?


Asked on 8/07/07, 8:28 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Child support not in divorce decree

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.

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.

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Answered on 8/07/07, 10:37 pm


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