Legal Question in Family Law in Florida
Child support modification error
I have a question regarding a child support modification that was heard on Monday, June 9th. The modification was filed Pro Se. by the Respondent and was a DOR case. During the hearing, the DOR presented the child support guideline to the Court which indicated a child support amount of $468 per month. The Judge set child support at $120 per week plus an additional $30 for arrearages.
The respondent did not have access to the worksheet prior to the hearing nor did he have a calculator. After calculating the amounts, at home, it appears that the DOR enetered an incorrect salary for the respondent. They entered $10.95 per hour and the actualt should have been $10.02. They also entered incorrect information for insurance allowance.
Since it has not been 10 days since the order for final judgment can a Motion be entered to correct the calculations? I know the judgment could be appealed based on erroneous information, but we really didn't want to wait that length of time.
Please let me know your thoughts.
1 Answer from Attorneys
Re: Child support modification error
Actually, you have one year to file a motion to correct a judgment that was entered based on incorrect information, but check an online child support calculator before you go to the trouble. Make sure the difference is really significant. I don't know how far off the insurance information was, but incorrectly calculating your pay by less than a dollar an hour shouldn't change the guidelines by very much.
Try to use a lawyer next time. We're good at making sure these little errors don't happen, and it's usually worth the cost of our fee just to make sure things get done right the first time.
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