Legal Question in Family Law in Florida
Child Support Modification
My broher is divorced and has 3 children. He spends 5 out of 14 days with them according to custody agreement, as well as every Tuesday to insure they attend Religious education and takes his oldest to football practice four nights a week. He pays $900 a month in support. He makes himself available to his children at their mother's discretion and need although she never recipricates. He now lives with his fiancee and her daughter. His standard of living is far below his ex's. She has been able to purchase a home yet he continues to struggle with rent. She has petitioned the court for an increase in support. He is out of his mind with worry because he knows he cannot afford to hire an attorney, atleast a good one. Does she have a chance? Are there any organizations that will provide quality representation at a reduced fee? He's a great Dad but his spirit is being crushed.
2 Answers from Attorneys
Re: Child Support Modification
Generally, under Florida statutes the obligation for paying attorney fees falls on the spouse who is best able to pay. In other words, if your husband's ex is significantly financially better off, then she might be held legally liable for his attorney's fees, or at least a portion thereof. Do not be so sure that he can not afford an attorney.
Some local bar associations, depending on clients' income, offer special programs where participating attorneys offer their services at a greatly reduced rate.
You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting the Florida Bar Association or the local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.
Good Luck.-Elliot Goldstein (offices in Tampa and St. Petersburg 727/804-3609 or 813/758-1862)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.
Re: Child Support Modification
Your friend should consult with a family law attorney. Initial consultation is often without charge; some counties have family law advisory services available to such persons. Taking such steps to insure that he pays no more support than his income justifies will be well worth the cost of legal fees. His former is likely seeking a modification of the Final Judgment so that she will have to prove that the support should be increased because of a substantial change in circumstances. An attorney can advise your friend after a review of the relevant documents and discussions re your friends circumstances.
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