Legal Question in Family Law in Florida

Child Support changes due income decrease

My husband is in the Navy Reserve. He is due for mobilization in July, overseas for a minimum of one year with possibility of extention up to two years. His income is going to decrease dramatically due to his call to duty. His ex-wife states in a consult with her lawyer that ''no matter the change to his income he is to continue to pay the amount set forth in their divorce aggreement''. My husband is prepared to address this issue in court, but is the advice of her lawyer accurate? I thought if there is a change in income,due to any reason, a readjustment for child support can be made, is this correct?

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Asked on 4/20/06, 9:52 pm

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Child Support changes due income decrease

I urge your husband to hire a lawyer and discuss filing a petition to modify child support asap. July seems far away, but it will sneak up on him. I am not sure from your posting which state's law applies, but generally speaking, a change in income should result in a change in support obligation. That may or may not be true in your husband's case and a family lawy attorney should be able to tell him. Best of luck.

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Answered on 4/21/06, 10:37 am


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